80 FR 61271 - American Chemistry Council, The Chlorine Institute, and the Fertilizer Institute-Petition for Declaratory Order-Positive Train Control

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 196 (October 9, 2015)

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61271-61272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25806]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35964]


American Chemistry Council, The Chlorine Institute, and the 
Fertilizer Institute--Petition for Declaratory Order--Positive Train 
Control

    On September 30, 2015, the American Chemistry Council, the Chlorine 
Institute, and the Fertilizer Institute (collectively Petitioners) 
filed a petition for an order ``declaring that the common carrier 
obligation, codified at 49 U.S.C. 11101(a), requires a Class I railroad 
to transport toxic inhalation hazard (`TIH') materials over main lines, 
as defined at 49 U.S.C. 20157(i)(2), although the Class I railroad has 
not equipped, or will not equip, such lines with an operable positive 
train control (`PTC') system by the December 31, 2015 deadline 
specified by 49 U.S.C. 20157(a).'' (Pet. 1.) According to the petition, 
some railroads have indicated that they intend to embargo TIH 
shipments, as early as Thanksgiving 2015, in light of the impending 
statutory PTC deadline. (Pet. 2, 5-6.) Petitioners request that the 
Board institute a declaratory order proceeding, consider the September 
30 petition to be their opening statement, and promptly issue an 
expedited procedural schedule. On October 5, 2015, the Association of 
American Railroads (AAR) filed a petition requesting an alternate 
expedited procedural schedule and an oral hearing.
    The Board has discretionary authority under 5 U.S.C. 554(e) and 49 
U.S.C. 721 to issue a declaratory order to terminate a controversy or 
remove uncertainty. The Board will institute a declaratory order 
proceeding and establish a procedural schedule. The Board will consider 
the September 30 petition to be Petitioners' opening statement. 
Substantive replies to the opening statement will be due on October 23, 
2015. Rebuttals will be due on November 2, 2015. The Board will rule on 
AAR's request for an oral hearing in a future order.
    It is ordered:
    1. A declaratory order proceeding is instituted.
    2. Substantive replies to the September 30 opening statement are 
due by October 23, 2015.
    3. Rebuttals are due by November 2, 2015.
    4. Notice of this action will be published in the Federal Register 
on October 9, 2015.
    5. This decision is effective on its service date.
    Decided: October 6, 2015.

[[Page 61272]]

    By the Board, Rachel D. Campbell, Director, Office of Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-25806 Filed 10-8-15; 8:45 am]
BILLING CODE 4915-01-P