81_FR_4755 81 FR 4738 - Decision; Notice of Railroad-Shipper Transportation Advisory Council Vacancy

81 FR 4738 - Decision; Notice of Railroad-Shipper Transportation Advisory Council Vacancy

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range4738-4739
FR Document2016-01642

The Board hereby gives notice of a vacancy for a small railroad representative on RSTAC. The Board is soliciting suggestions for candidates to fill this vacancy.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4738-4739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01642]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 526 (Sub-No. 7)]


Decision; Notice of Railroad-Shipper Transportation Advisory 
Council Vacancy

AGENCY: Surface Transportation Board (Board).

ACTION: Notice of vacancy on the Railroad-Shipper Transportation 
Advisory Council (RSTAC) and solicitation of nominations.

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

SUMMARY: The Board hereby gives notice of a vacancy for a small 
railroad representative on RSTAC. The Board is soliciting suggestions 
for candidates to fill this vacancy.

DATES: Nominations are due on February 22, 2016.

ADDRESSES: Suggestions may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should attach a document and otherwise comply with the instructions at 
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
Docket No. EP 526 (Sub-No. 7), 395 E Street SW., Washington, DC 20423-
0001 (if sending via express company or private courier, please use zip 
code 20024). Please note that submissions will be available to the 
public at the Board's offices and posted on the Board's Web site under 
Docket No. EP 526 (Sub-No. 7).

FOR FURTHER INFORMATION CONTACT: Stephanie Lyons at 202-245-0536. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Board, created in 1996 to take over many 
of the functions previously performed by the Interstate Commerce 
Commission, exercises broad authority over transportation by rail 
carriers, including regulation of railroad rates and service (49 U.S.C. 
10701-47, 11101-24), as well as the construction, acquisition, 
operation, and abandonment of rail lines (49 U.S.C. 10901-07) and 
railroad line sales, consolidations, mergers, and common control 
arrangements (49 U.S.C. 10902, 11323-27).
    RSTAC was established upon the enactment of the ICC Termination Act 
of 1995 (ICCTA), on December 29, 1995, to advise the Board's Chairman, 
the Secretary of Transportation, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives with respect to rail 
transportation policy issues RSTAC considers significant. RSTAC focuses 
on issues of importance to small shippers and small railroads, 
including car supply, rates, competition, and procedures for addressing 
claims. ICCTA directs RSTAC to develop private-sector mechanisms to 
prevent, or identify and address, obstacles to the most effective and 
efficient transportation system practicable. RSTAC also prepares an 
annual report concerning its activities and recommendations on whatever 
regulatory or legislative relief it considers appropriate. RSTAC is not 
subject to the Federal Advisory Committee Act.
    Nine members of RSTAC are voting members and are appointed from 
senior executive officers of organizations engaged in the railroad and 
rail shipping industries. At least four of the voting members must be 
representatives of small shippers as determined by the Chairman, and at 
least four of the voting members must be representatives of Class II or 
III railroads. The remaining six members to be appointed--three 
representing Class I railroads and three representing large shipper 
organizations--serve in a nonvoting, advisory capacity, but are 
entitled to participate in RSTAC deliberations.
    RSTAC is required by statute to meet at least semi-annually. In 
recent years, RSTAC has met four times a year. Meetings are generally 
held at the Board's headquarters in Washington, DC, although some are 
held in other locations.
    RSTAC members receive no compensation for their services and are 
required to provide for the expenses incidental to their service, 
including travel expenses, as the Board cannot provide for these 
expenses. RSTAC may solicit and use private funding for its activities, 
again subject to certain restrictions in ICCTA. RSTAC members currently 
have elected to submit annual dues to pay for RSTAC expenses.
    RSTAC members must be citizens of the United States and represent 
as broadly as practicable the various segments of the railroad and rail 
shipper industries. They may not be full-time employees of the United 
States. According to revised guidance issued by the Office of 
Management and Budget, it is permissible for federally registered 
lobbyists to serve on advisory committees, such as RSTAC, as long as 
they do so in a representative capacity, rather than an individual 
capacity. See Revised Guidance on Appointment of Lobbyists to Federal 
Advisory Committees, Boards, and Commissions, 79 FR 47482 (Aug. 13, 
2014). Members of RSTAC are appointed to serve in a representative 
capacity.
    RSTAC members are appointed for three-year terms. A member may 
serve after the expiration of his or her term until a successor has 
taken office. No member will be eligible to serve in excess of two 
consecutive terms.
    Due to the expiration of one RSTAC member's second term, a vacancy 
exists for a small railroad representative. Upon appointment by the 
Chairman, the new representative will serve for three years, and may be 
eligible to serve a second three-year term following the end of their 
first term.
    Suggestions for candidates to fill the vacancy should be submitted 
in letter form, identify the name of the candidate, provide a summary 
of why the candidate is qualified to serve on RSTAC, and contain a 
representation that the candidate is willing to serve as a member of 
RSTAC effective immediately upon appointment. RSTAC candidate 
suggestions should be filed with the Board by February 22, 2016. 
Members selected to serve on RSTAC are chosen at the discretion of the 
Board's Chairman. Please note that submissions will be available to the 
public at the Board's offices and posted on the Board's Web site under 
Docket No. EP 526 (Sub-No. 7).

    Authority: 49 U.S.C. 726.

    Decided: January 22, 2016.


[[Page 4739]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-01642 Filed 1-26-16; 8:45 am]
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                                                    4738                       Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices

                                                    CONTESTING RECORD PROCEDURES:                           Information Relay Service (FIRS) at 1–                    RSTAC members receive no
                                                      Individuals who wish to contest                       800–877–8339.                                          compensation for their services and are
                                                    records pertaining to themselves should                 SUPPLEMENTARY INFORMATION: The                         required to provide for the expenses
                                                    write to the Director; Office of                        Board, created in 1996 to take over                    incidental to their service, including
                                                    Information Programs and Services                       many of the functions previously                       travel expenses, as the Board cannot
                                                    (address above).                                        performed by the Interstate Commerce                   provide for these expenses. RSTAC may
                                                                                                            Commission, exercises broad authority                  solicit and use private funding for its
                                                    RECORD SOURCE CATEGORIES:
                                                                                                            over transportation by rail carriers,                  activities, again subject to certain
                                                      These records contain information                     including regulation of railroad rates                 restrictions in ICCTA. RSTAC members
                                                    obtained directly from individuals who                  and service (49 U.S.C. 10701–47,                       currently have elected to submit annual
                                                    interact with the Department of State                   11101–24), as well as the construction,
                                                    through social media sites or who                                                                              dues to pay for RSTAC expenses.
                                                                                                            acquisition, operation, and
                                                    communicate electronically with the                                                                               RSTAC members must be citizens of
                                                                                                            abandonment of rail lines (49 U.S.C.
                                                    Department in response to public                        10901–07) and railroad line sales,                     the United States and represent as
                                                    outreach.                                               consolidations, mergers, and common                    broadly as practicable the various
                                                                                                            control arrangements (49 U.S.C. 10902,                 segments of the railroad and rail shipper
                                                    SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
                                                    OF THE ACT:                                             11323–27).                                             industries. They may not be full-time
                                                                                                               RSTAC was established upon the                      employees of the United States.
                                                       None.
                                                                                                            enactment of the ICC Termination Act of                According to revised guidance issued by
                                                    [FR Doc. 2016–01648 Filed 1–26–16; 8:45 am]                                                                    the Office of Management and Budget,
                                                                                                            1995 (ICCTA), on December 29, 1995, to
                                                    BILLING CODE 4710–45–P
                                                                                                            advise the Board’s Chairman, the                       it is permissible for federally registered
                                                                                                            Secretary of Transportation, the                       lobbyists to serve on advisory
                                                                                                            Committee on Commerce, Science, and                    committees, such as RSTAC, as long as
                                                    SURFACE TRANSPORTATION BOARD                            Transportation of the Senate, and the                  they do so in a representative capacity,
                                                    [Docket No. EP 526 (Sub-No. 7)]                         Committee on Transportation and                        rather than an individual capacity. See
                                                                                                            Infrastructure of the House of                         Revised Guidance on Appointment of
                                                    Decision; Notice of Railroad-Shipper                    Representatives with respect to rail                   Lobbyists to Federal Advisory
                                                    Transportation Advisory Council                         transportation policy issues RSTAC                     Committees, Boards, and Commissions,
                                                    Vacancy                                                 considers significant. RSTAC focuses on                79 FR 47482 (Aug. 13, 2014). Members
                                                                                                            issues of importance to small shippers                 of RSTAC are appointed to serve in a
                                                    AGENCY:   Surface Transportation Board
                                                                                                            and small railroads, including car                     representative capacity.
                                                    (Board).
                                                                                                            supply, rates, competition, and
                                                    ACTION: Notice of vacancy on the                        procedures for addressing claims.                         RSTAC members are appointed for
                                                    Railroad-Shipper Transportation                         ICCTA directs RSTAC to develop                         three-year terms. A member may serve
                                                    Advisory Council (RSTAC) and                            private-sector mechanisms to prevent,                  after the expiration of his or her term
                                                    solicitation of nominations.                            or identify and address, obstacles to the              until a successor has taken office. No
                                                                                                            most effective and efficient                           member will be eligible to serve in
                                                    SUMMARY:    The Board hereby gives notice                                                                      excess of two consecutive terms.
                                                    of a vacancy for a small railroad                       transportation system practicable.
                                                    representative on RSTAC. The Board is                   RSTAC also prepares an annual report                      Due to the expiration of one RSTAC
                                                    soliciting suggestions for candidates to                concerning its activities and                          member’s second term, a vacancy exists
                                                    fill this vacancy.                                      recommendations on whatever                            for a small railroad representative. Upon
                                                                                                            regulatory or legislative relief it                    appointment by the Chairman, the new
                                                    DATES: Nominations are due on
                                                                                                            considers appropriate. RSTAC is not                    representative will serve for three years,
                                                    February 22, 2016.                                      subject to the Federal Advisory                        and may be eligible to serve a second
                                                    ADDRESSES: Suggestions may be                           Committee Act.                                         three-year term following the end of
                                                    submitted either via the Board’s e-filing                  Nine members of RSTAC are voting                    their first term.
                                                    format or in the traditional paper                      members and are appointed from senior
                                                    format. Any person using e-filing should                executive officers of organizations                       Suggestions for candidates to fill the
                                                    attach a document and otherwise                         engaged in the railroad and rail                       vacancy should be submitted in letter
                                                    comply with the instructions at the E–                  shipping industries. At least four of the              form, identify the name of the
                                                    FILING link on the Board’s Web site, at                 voting members must be representatives                 candidate, provide a summary of why
                                                    http://www.stb.dot.gov. Any person                      of small shippers as determined by the                 the candidate is qualified to serve on
                                                    submitting a filing in the traditional                  Chairman, and at least four of the voting              RSTAC, and contain a representation
                                                    paper format should send an original                    members must be representatives of                     that the candidate is willing to serve as
                                                    and 10 copies to: Surface Transportation                Class II or III railroads. The remaining               a member of RSTAC effective
                                                    Board, Attn: Docket No. EP 526 (Sub-                    six members to be appointed—three                      immediately upon appointment. RSTAC
                                                    No. 7), 395 E Street SW., Washington,                   representing Class I railroads and three               candidate suggestions should be filed
                                                    DC 20423–0001 (if sending via express                   representing large shipper                             with the Board by February 22, 2016.
                                                    company or private courier, please use                  organizations—serve in a nonvoting,                    Members selected to serve on RSTAC
                                                    zip code 20024). Please note that                       advisory capacity, but are entitled to
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                                                                                                                                                                   are chosen at the discretion of the
                                                    submissions will be available to the                    participate in RSTAC deliberations.                    Board’s Chairman. Please note that
                                                    public at the Board’s offices and posted                   RSTAC is required by statute to meet                submissions will be available to the
                                                    on the Board’s Web site under Docket                    at least semi-annually. In recent years,               public at the Board’s offices and posted
                                                    No. EP 526 (Sub-No. 7).                                 RSTAC has met four times a year.                       on the Board’s Web site under Docket
                                                    FOR FURTHER INFORMATION CONTACT:                        Meetings are generally held at the                     No. EP 526 (Sub-No. 7).
                                                    Stephanie Lyons at 202–245–0536.                        Board’s headquarters in Washington,
                                                    Assistance for the hearing impaired is                  DC, although some are held in other                      Authority: 49 U.S.C. 726.
                                                    available through the Federal                           locations.                                               Decided: January 22, 2016.



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                                                                               Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices                                                   4739

                                                      By the Board, Rachel D. Campbell,                     General had conducted a criminal                         Dated this 20th day of January, 2016, at
                                                    Director, Office of Proceedings.                        investigation that revealed that Mr.                   Washington, DC.
                                                    Tia Delano,                                             Khouri subverted the MRO’s role in the                 Patrice M. Kelly,
                                                    Clearance Clerk.                                        testing process. Specifically, Mr. Khouri              Acting Director, Office of Drug and Alcohol
                                                    [FR Doc. 2016–01642 Filed 1–26–16; 8:45 am]             held out as performing C/TPA services                  Policy Compliance.
                                                    BILLING CODE P                                          and he: Received laboratory confirmed                  [FR Doc. 2016–01630 Filed 1–26–16; 8:45 am]
                                                                                                            drug test results and falsely certified                BILLING CODE 4910–9X–P
                                                                                                            that those results were reviewed by a
                                                    DEPARTMENT OF TRANSPORTATION                            qualified MRO; acted as an MRO,
                                                                                                            without qualifications to do so, by                    DEPARTMENT OF THE TREASURY
                                                    Office of the Secretary                                 verifying laboratory confirmed positive
                                                                                                                                                                   Office of the Secretary
                                                    Mounir R. Khouri; Public Interest                       test results; and prepared false Federal
                                                    Exclusion Order                                         Drug Testing Custody and Control                       List of Countries Requiring
                                                                                                            Forms (CCFs) for untested specimens                    Cooperation With an International
                                                    AGENCY:   Office of the Secretary, DOT.                 and misrepresented that the specimens                  Boycott
                                                    ACTION:   Notice.                                       had tested negative. In the United States
                                                                                                            District Court for the District of                        In accordance with section 999(a)(3)
                                                    SUMMARY:   On January 20, 2016, the                                                                            of the Internal Revenue Code of 1986,
                                                    Department of Transportation (DOT)                      Vermont, Mr. Khouri pled guilty and
                                                                                                            was convicted for making false                         the Department of the Treasury is
                                                    issued a decision and order under the                                                                          publishing a current list of countries
                                                    Procedures for Transportation                           statements on a CCF. Those false
                                                                                                            statements indicated that an MRO had                   which require or may require
                                                    Workplace Drug and Alcohol Testing                                                                             participation in, or cooperation with, an
                                                    Programs that excludes a service agent,                 reviewed a drug test, when Mr. Khouri
                                                                                                                                                                   international boycott (within the
                                                    Mounir R. Khouri, from providing drug                   knew that had not occurred.
                                                                                                                                                                   meaning of section 999(b)(3) of the
                                                    and alcohol testing services in any                     Public Interest Exclusion Decision and                 Internal Revenue Code of 1986).
                                                    capacity to any DOT-regulated employer                                                                            On the basis of the best information
                                                                                                            Order
                                                    for a period of 5 years. Mr. Khouri                                                                            currently available to the Department of
                                                    provided Consortium/Third Party                            On January 20, 2016, the Department                 the Treasury, the following countries
                                                    Administrator Services (C/TPA) and                      issued a PIE against Mounir R. Khouri.                 require or may require participation in,
                                                    Medical Review Officer (MRO) services                   This PIE prohibits all DOT-regulated                   or cooperation with, an international
                                                    to DOT-regulated trucking companies.                    employers and service agents from                      boycott (within the meaning of section
                                                    Mr. Khouri pled guilty to criminal                      utilizing Mounir R. Khouri for drug and                999(b)(3) of the Internal Revenue Code
                                                    charges that he made materially false                   alcohol testing services in any capacity               of 1986).
                                                    statements that an MRO had reviewed                     for a period of 5 years. A full copy of                Iraq
                                                    drug test results, when a qualified MRO                                                                        Kuwait
                                                                                                            the Department’s Decision and Order
                                                    had not done so. This Federal Register                                                                         Lebanon
                                                                                                            can be found at http://www.dot.gov/
                                                    publication serves as notice to the                                                                            Libya
                                                    public that DOT-regulated employers or                  odapc.
                                                                                                                                                                   Qatar
                                                    their service agents must stop using the                   In accordance with the terms of the                 Saudi Arabia
                                                    services of Mounir R. Khouri for                        Department’s Decision and Order and                    Syria
                                                    administering their DOT-regulated drug                  per 49 CFR 40.403(a), Mounir R. Khouri                 United Arab Emirates
                                                    and/or alcohol testing programs.                        is required to directly notify each of the             Yemen
                                                    DATES: The effective date of the Public                 affected DOT-regulated employer clients
                                                                                                                                                                     Dated: January 19, 2016.
                                                    Interest Exclusion is January 20, 2016                  in writing about the issuance, scope,
                                                                                                                                                                   Danielle Rolfes,
                                                    and it will remain in effect until January              duration, and effect of the PIE. The
                                                    20, 2021.                                               Department is notifying employers and                  International Tax Counsel, (Tax Policy).
                                                    FOR FURTHER INFORMATION CONTACT:                        the public about this PIE by publishing                [FR Doc. 2016–01622 Filed 1–26–16; 8:45 am]
                                                    Patrice M. Kelly, Acting Director, U.S.                 it in a ‘‘List of Excluded Drug and                    BILLING CODE 4810–25–P

                                                    Department of Transportation, Office of                 Alcohol Service Agents’’ on its Web site
                                                    Drug and Alcohol Policy and                             at http://www.dot.gov/odapc/ and will
                                                    Compliance, 1200 New Jersey Avenue                                                                             DEPARTMENT OF THE TREASURY
                                                                                                            make the list available upon request. As
                                                    SE., Washington, DC 20590; (202) 366–                   required by 49 CFR 40.401(d), the                      Multiemployer Pension Plan
                                                    3784 (voice), (202) 366–3897 (fax), or                  Department is publishing this Federal                  Application To Reduce Benefits
                                                    patrice.kelly@dot.gov.                                  Register notice to inform the public that
                                                    SUPPLEMENTARY INFORMATION:                              Mounir R. Khouri is subject to a PIE for               AGENCY: Department of the Treasury.
                                                    Background                                              5 years. After January 20, 2021, Mounir                ACTION:Notice of availability; Request
                                                                                                            R. Khouri, will be removed from the list               for comments.
                                                      In accordance with the provisions of
                                                                                                            and the public will be notified of that
                                                    the Department’s regulation at 49 CFR                                                                          SUMMARY:  The Board of Trustees of the
                                                                                                            removal, also in accordance with 49
                                                    part 40 (Part 40), Subpart R, Public                                                                           Iron Workers Local 17 Pension Plan, a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Interest Exclusions (PIE), the Federal                  CFR 40.401(d).                                         multiemployer pension plan, has
                                                    Motor Carrier Safety Administration                        Any DOT-regulated employer who                      submitted an application to Treasury to
                                                    (FMCSA) issued a Notice of Proposed                     uses the services of Mounir R. Khouri                  reduce benefits under the plan in
                                                    Exclusion (NOPE) to Mr. Khouri on                       between January 20, 2016 and January                   accordance with the Multiemployer
                                                    August 27, 2015, notifying him that he                  20, 2021 may be subject to a civil                     Pension Reform Act of 2014 (MPRA).
                                                    had engaged in serious noncompliance.                   penalty for violation of Part 40.                      The purpose of this notice is to
                                                    In the NOPE, the FMCSA stated that the                                                                         announce that the application submitted
                                                    Department’s Office of the Inspector                                                                           by the Board of Trustees of the Iron


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Document Created: 2018-02-02 12:40:16
Document Modified: 2018-02-02 12:40:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of vacancy on the Railroad-Shipper Transportation Advisory Council (RSTAC) and solicitation of nominations.
DatesNominations are due on February 22, 2016.
ContactStephanie Lyons at 202-245-0536. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
FR Citation81 FR 4738 

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