SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
EP_711_0

Case Title:  
PETITION FOR RULEMAKING TO ADOPT REVISED COMPETITIVE SWITCHING RULES

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION ANNOUNCED A PUBLIC HEARING IN THIS PROCEEDING ON MARCH 25, 2014, BEGINNING AT 9:30 A.M., IN THE BOARD'S HEARING ROOM.

    Decision Attachments

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    Full Text of Decision

37949

43365                   SERVICE DATE – LATE RELEASE FEBRUARY 3, 2014

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. EP 711

 

PETITION FOR RULEMAKING TO ADOPT REVISED

COMPETITIVE SWITCHING RULES

 

Decided:  February 3, 2014

 

AGENCY:  Surface Transportation Board.

 

ACTION:  Notice of rescheduled public hearing.

 

SUMMARY:  The Surface Transportation Board (the Board) will hold a public hearing to explore further the issues surrounding the petition by The National Industrial Transportation League (NITL) and the related comments filed in this proceeding.

 

DATES:  The hearing will be held on March 25 and 26, 2014, beginning at 9:30 a.m., in the Hearing Room at the Board’s headquarters located at 395 E Street, S.W., Washington, DC.  The hearing will be open for public observation.  The schedule of appearances and the time provided for each party appear in the Appendix to this decision.[1]

 

INSTRUCTIONS FOR ATTENDANCE AT HEARING:  All persons attending the hearing are requested to use the main entrance to Patriots Plaza I at 395 E Street, S.W. (entrance on E Street closest to 4th Street).  There will be no reserved seating, except for those scheduled to present comments.  The building will be open to the public at 7:00 a.m.  There is no public parking in the building.  The two closest Metrorail stations are Federal Center SW at 3rd and D Streets, S.W., and L’Enfant Plaza at 6th and D Streets, S.W.

 

Upon arrival, check in at the 1st floor security desk in the main lobby.  Be prepared to produce valid photographic identification (driver’s license or local, state, or Federal government identification); sign-in at the security desk; receive a hearing room pass (to be displayed at all times); submit to an inspection of all briefcases, handbags, etc.; and pass through a metal detector.  Those persons testifying must check in with the Clerk at the front of the hearing room.

 

Persons choosing to exit the building during the course of the hearing must return their hearing room passes to security personnel and will be subject to the above security procedures if they choose to re-enter the building.  Hearing room passes also will be collected from those exiting the hearing upon its conclusion.

 

Laptops and recorders may be used in the hearing room, but no provision will be made for connecting personal computers to the internet.  Cellular telephone use is not permitted in the hearing room; cell phones may be used quietly in the corridor surrounding the hearing room, or in the building’s main lobby.

 

Members of the media planning to attend the hearing should contact Dennis Watson in the Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0234.

The Board’s hearing room complies with the Americans with Disabilities Act, and persons needing such accommodations should call (202) 245-0245, by the close of business on March 24, 2014.

 

If a party wishes to use visual displays and/or handouts of material from the record, it may do so.  Parties may copy computer presentations to a Board-supplied laptop for viewing on the hearing room’s television screens.  Staff will be available to demonstrate the hearing room’s screen system and to assist in the copying of visual presentations onto the hearing room laptop computer on March 24, 2014, from 2:00 p.m. to 4:00 p.m.  Please call (202) 245-0238 to make arrangements.

 

FOR FURTHER INFORMATION CONTACT:  Valerie Quinn at (202) 245-0382.  Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.

 

SUPPLEMENTARY INFORMATION:  By decision served on July 25, 2012, the Board began a proceeding to consider a proposal submitted by NITL to modify the Board’s standards for mandatory competitive switching.  Under the proposal, certain captive shippers located in terminal areas would be granted access to a competing railroad if there is a working interchange within a reasonable distance (30 miles under NITL’s proposal).  In its decision, the Board sought empirical information about the impact of the proposal if it were to be adopted.  The Board received numerous comments in response to its decision.  In order to explore further NITL’s proposal and the issues raised in the submitted comments, the Board scheduled a public hearing for October 22, 2013.  The Board received numerous notices of intent to participate in that hearing.  By decision served on October 16, 2013, the Board postponed the hearing due to the Government shutdown.  The Board is now rescheduling the hearing for March 25 and 26, 2014.

 

This action will not significantly affect either the quality of the human environment or the conservation of energy resources. 

 

            It is ordered:

 

            1.  A public hearing in this proceeding will be held on March 25 and 26, 2014, at 9:30 a.m., in the Board’s Hearing Room, at 395 E Street, S.W., Washington, DC, as described above.

 

2.  Time for the hearing is allotted as reflected in the Appendix to this decision.

 

By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.


 

 

APPENDIX --  SCHEDULE OF APPEARANCES

 

tuesday, March 25, 2014 (commencing AT 9:00 a.m.)

 

Party                                                                                                               Time Allotted

 

Panel I

 

U.S. Department of Transportation                                                                5 minutes

            Christopher S. Perry

 

Panel II

 

The National Industrial Transportation League                                              50 minutes

            Bruce Carlton

            Karyn Booth

            Nick DiMichael

            Jay Roman

            TBD

 

Panel III

 

Association of American Railroads                                                               50 minutes

Michael R. Baranowski

William J. Rennicke

B. Kelly Eakin

Phil C. Ireland

Samuel M. Sipe, Jr.

 

American Short Line & Regional Railroad Association                                 15 minutes

            Richard F. Timmons

 

Panel IV

 

Arkansas Electric Cooperative Corporation                                                   20 minutes

            Eric Von Salzen

            Michael A. Nelson

 

Interested Agricultural Parties                                                                        10 minutes

            Randall Gordon

 

Joint Coal Shippers                                                                                         5 minutes

            Stephanie M. Archuleta

 

 

APPENDIX --  SCHEDULE OF APPEARANCES

 

WEDNESDAY, March 26, 2014 (COMMENCING AT 9:00 a.m.)

 

Panel V

 

BNSF Railway Company                                                                               10 minutes

            Jill K. Mulligan

 

CSX Transportation, Inc.                                                                                10 minutes

            Cressie Brown

 

The Kansas City Southern Railway Company                                               5 minutes

            David Konschnik

 

Norfolk Southern Railway Company                                                             10 minutes

            Rush Bailey

 

Union Pacific Railroad Company                                                                   10 minutes

            Thomas C. Haley

 

Panel VI

 

The American Chemistry Council                                                                   10 minutes

            TBD

 

The Chlorine Institute                                                                                     5 minutes

            Eddie Johnston

 

Diversified CPC International, Inc.                                                                10 minutes

            Sandra Dearden

 

The Dow Chemical Company                                                                         10 minutes

            Don Taylor

 

Indorama Ventures EO & Glycols, Inc.                                                         15 minutes

            Phillip C. Rine

            Tom O’Connor

 

 

 

 

Panel VII

 

United Transportation Union-New York State Legislative Board                 5 minutes

            Gordon P. MacDougall

 

Wolfe Research                                                                                               10 minutes

            Scott H. Group

 

 



[1]  Because the hearing was originally scheduled for last fall, the Board has already received notices of intent to participate and summaries of testimony.  However, if there are any changes in intent to participate, please notify us by February 10, 2014.