80_FR_53931 80 FR 53758 - Amtrak Emergency Routing Orders

80 FR 53758 - Amtrak Emergency Routing Orders

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 173 (September 8, 2015)

Page Range53758-53758
FR Document2015-22543

The Board is withdrawing the proposed rules and discontinuing the EP 697 rulemaking proceeding which proposed a formal process for the National Railroad Passenger Corporation (Amtrak) to seek emergency routing orders. Based on comments received, the Board will continue the practice of appointing an individual who can act immediately on behalf of the Board.

Federal Register, Volume 80 Issue 173 (Tuesday, September 8, 2015)
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Proposed Rules]
[Page 53758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22543]



[[Page 53758]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1011, 1034, 1102, 1104, and 1115

[Docket No. EP 697]


Amtrak Emergency Routing Orders

AGENCY: Surface Transportation Board.

ACTION: Proposed rule, withdrawn.

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SUMMARY: The Board is withdrawing the proposed rules and discontinuing 
the EP 697 rulemaking proceeding which proposed a formal process for 
the National Railroad Passenger Corporation (Amtrak) to seek emergency 
routing orders. Based on comments received, the Board will continue the 
practice of appointing an individual who can act immediately on behalf 
of the Board.

DATES: The proposed rule is withdrawn and the rulemaking proceeding is 
discontinued on September 8, 2015.

FOR FURTHER INFORMATION CONTACT: Gabriel Meyer, (202) 245-0150. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On January 6, 2011, the Board issued a 
Notice of Proposed Rulemaking (NPRM) seeking public comment on 
regulations concerning Amtrak.\1\ The proposed regulations would 
provide a more formal process for Amtrak to seek emergency routing 
orders over the lines of other railroads and for the Board to issue 
such orders. Pursuant to 49 U.S.C. 24308(b), the Board has statutory 
authority to require rail carriers to provide facilities immediately 
when necessary for the movement of Amtrak trains when Amtrak cannot 
operate its trains via normal routings due to rail line closures or 
other emergencies.
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    \1\ The NPRM was published in the Federal Register on January 6, 
2011 (76 FR 766).
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    The Board solicited comments and, on February 7, 2011, The Kansas 
City Southern Railway Company (KCSR), the Association of American 
Railroads (AAR), and Amtrak filed separate comments on the proposed 
rules. On February 22, 2011, KCSR and Amtrak filed separate replies to 
the comments. Amtrak expressed concern that, compared with the informal 
procedures that the Board has historically used, the proposed rules 
would make it more difficult for Amtrak to obtain emergency relief on 
an ``immediate'' basis. KCSR generally opposed the proposed rules, 
claiming that they allow unannounced access to a carrier's track 
without waiting for a reply from the affected carrier. AAR raised a 
similar point to KCSR, and suggested that, to provide greater 
participation by a host carrier, the Board issue a decision within two 
days following Amtrak's submission of an application.
    Based on further consideration of these comments, we believe the 
proposed rules are not practical. Most importantly, the record reveals 
that the rules do not provide the prompt relief mandated by Sec.  
24308(b), which is necessary to handle emergencies that are happening 
in real-time. The comments thus indicate that the proposed rules, 
rather than serving the Board's goal of improving the process, would 
complicate and hinder it. We therefore will not adopt the formal 
process proposed in the NPRM and will continue the past practice of 
appointing a Board staff member who can order access immediately on 
behalf of the Board. Specifically, a staff member in the Office of 
Public Assistance, Governmental Affairs, and Compliance (OPAGAC) can 
respond to emergency rerouting requests via telephone in a timely 
manner and contact appropriate representatives of the involved 
carriers. We are simultaneously issuing a companion decision appointing 
the Director of OPAGAC, or in the Director's absence, a Deputy Director 
to act on behalf of the Board in such circumstances.\2\
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    \2\ Appointment of Agent to Require Emergency Routing of Amtrak 
Passenger Trains, EP 697 (Sub-No. 1) (STB served Sept. 8, 2015).
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    These emergency routing orders allow for the continued operation of 
Amtrak and typically will not address compensation terms. If the 
parties cannot agree on such terms and conditions of access, they can 
subsequently petition the Board to set them. We expect parties to work 
together and with the Director or a Deputy Director of OPAGAC to reach 
a practical and efficient resolution of an access issue during an 
emergency situation.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: August 31, 2015.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Miller.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-22543 Filed 9-4-15; 8:45 am]
 BILLING CODE 4915-01-P



                                                 53758                Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Proposed Rules

                                                 DEPARTMENT OF TRANSPORTATION                            24308(b), the Board has statutory                     continue the past practice of appointing
                                                                                                         authority to require rail carriers to                 a Board staff member who can order
                                                 Surface Transportation Board                            provide facilities immediately when                   access immediately on behalf of the
                                                                                                         necessary for the movement of Amtrak                  Board. Specifically, a staff member in
                                                 49 CFR Parts 1011, 1034, 1102, 1104,                    trains when Amtrak cannot operate its                 the Office of Public Assistance,
                                                 and 1115                                                trains via normal routings due to rail                Governmental Affairs, and Compliance
                                                 [Docket No. EP 697]
                                                                                                         line closures or other emergencies.                   (OPAGAC) can respond to emergency
                                                                                                            The Board solicited comments and,                  rerouting requests via telephone in a
                                                 Amtrak Emergency Routing Orders                         on February 7, 2011, The Kansas City                  timely manner and contact appropriate
                                                                                                         Southern Railway Company (KCSR), the                  representatives of the involved carriers.
                                                 AGENCY:    Surface Transportation Board.                Association of American Railroads                     We are simultaneously issuing a
                                                 ACTION:   Proposed rule, withdrawn.                     (AAR), and Amtrak filed separate                      companion decision appointing the
                                                                                                         comments on the proposed rules. On                    Director of OPAGAC, or in the Director’s
                                                 SUMMARY:   The Board is withdrawing the                 February 22, 2011, KCSR and Amtrak                    absence, a Deputy Director to act on
                                                 proposed rules and discontinuing the                    filed separate replies to the comments.               behalf of the Board in such
                                                 EP 697 rulemaking proceeding which                      Amtrak expressed concern that,                        circumstances.2
                                                 proposed a formal process for the                       compared with the informal procedures                    These emergency routing orders allow
                                                 National Railroad Passenger Corporation                 that the Board has historically used, the             for the continued operation of Amtrak
                                                 (Amtrak) to seek emergency routing                      proposed rules would make it more                     and typically will not address
                                                 orders. Based on comments received,                     difficult for Amtrak to obtain emergency              compensation terms. If the parties
                                                 the Board will continue the practice of                 relief on an ‘‘immediate’’ basis. KCSR                cannot agree on such terms and
                                                 appointing an individual who can act                    generally opposed the proposed rules,                 conditions of access, they can
                                                 immediately on behalf of the Board.                     claiming that they allow unannounced                  subsequently petition the Board to set
                                                 DATES: The proposed rule is withdrawn                   access to a carrier’s track without                   them. We expect parties to work
                                                 and the rulemaking proceeding is                        waiting for a reply from the affected                 together and with the Director or a
                                                 discontinued on September 8, 2015.                      carrier. AAR raised a similar point to                Deputy Director of OPAGAC to reach a
                                                 FOR FURTHER INFORMATION CONTACT:                        KCSR, and suggested that, to provide                  practical and efficient resolution of an
                                                 Gabriel Meyer, (202) 245–0150.                          greater participation by a host carrier,              access issue during an emergency
                                                 Assistance for the hearing impaired is                  the Board issue a decision within two                 situation.
                                                 available through the Federal                           days following Amtrak’s submission of                    This action will not significantly
                                                 Information Relay Service (FIRS) at                     an application.                                       affect either the quality of the human
                                                 (800) 877–8339.                                            Based on further consideration of                  environment or the conservation of
                                                 SUPPLEMENTARY INFORMATION: On                           these comments, we believe the                        energy resources.
                                                 January 6, 2011, the Board issued a                     proposed rules are not practical. Most                  Decided: August 31, 2015.
                                                 Notice of Proposed Rulemaking (NPRM)                    importantly, the record reveals that the                By the Board, Chairman Elliott, Vice
                                                 seeking public comment on regulations                   rules do not provide the prompt relief                Chairman Begeman, and Commissioner
                                                 concerning Amtrak.1 The proposed                        mandated by § 24308(b), which is                      Miller.
                                                 regulations would provide a more                        necessary to handle emergencies that                  Brendetta S. Jones,
                                                 formal process for Amtrak to seek                       are happening in real-time. The                       Clearance Clerk.
                                                 emergency routing orders over the lines                 comments thus indicate that the                       [FR Doc. 2015–22543 Filed 9–4–15; 8:45 am]
                                                 of other railroads and for the Board to                 proposed rules, rather than serving the
                                                                                                                                                               BILLING CODE 4915–01–P
                                                 issue such orders. Pursuant to 49 U.S.C.                Board’s goal of improving the process,
                                                                                                         would complicate and hinder it. We                      2 Appointment of Agent to Require Emergency
                                                   1 The NPRM was published in the Federal               therefore will not adopt the formal                   Routing of Amtrak Passenger Trains, EP 697 (Sub-
                                                 Register on January 6, 2011 (76 FR 766).                process proposed in the NPRM and will                 No. 1) (STB served Sept. 8, 2015).
rmajette on DSK7SPTVN1PROD with PROPOSALS




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Document Created: 2018-02-26 10:13:43
Document Modified: 2018-02-26 10:13:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule, withdrawn.
DatesThe proposed rule is withdrawn and the rulemaking proceeding is discontinued on September 8, 2015.
ContactGabriel Meyer, (202) 245-0150. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation80 FR 53758 
CFR Citation49 CFR 1011
49 CFR 1034
49 CFR 1102
49 CFR 1104
49 CFR 1115

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