81 FR 90405 - Notice of Railroad-Shipper Transportation Advisory Council Vacancies

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 240 (December 14, 2016)

The Board hereby gives notice of vacancies on RSTAC for (1) a representative of a small shipper; and (2) a representative for a Class I railroad. The Board is soliciting suggestions for candidates to fill these vacancies.

[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90405-90406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29974]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 526 (Sub-No. 8)]


Notice of Railroad-Shipper Transportation Advisory Council 
Vacancies

AGENCY: Surface Transportation Board (Board).

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

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SUMMARY: The Board hereby gives notice of vacancies on RSTAC for (1) a 
representative of a small shipper; and (2) a representative for a Class 
I railroad. The Board is soliciting suggestions for candidates to fill 
these vacancies.

DATES: Nominations are due on January 9, 2017.

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.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. 8), 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. 8).

FOR FURTHER INFORMATION, CONTACT: Katherine Bourdon at 202-245-0285. 
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. The Secretary of 
Transportation and the members of the Board cooperate with RSTAC in 
providing research, technical, and other reasonable support. 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.
    RSTAC currently consists of 19 members. Of this number, 15 members 
are appointed by the Chairman of the Board, and the remaining four 
members are comprised of the Secretary of Transportation and the 
Members of the Board, who serve as ex officio, nonvoting members.\1\ Of 
the 15 members, nine members 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.
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    \1\ The Surface Transportation Board Reauthorization Act of 
2015, Public Law 114-110 (2015), increased the number of Board 
Members from three to five. Once additional Board Members are 
appointed, they will also serve as RSTAC ex officio, nonvoting 
members.
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    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 Fed. 
Advisory Comms., Bds., & Commn's., 79 FR 47,482 (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 two RSTAC members' second terms, vacancies 
exist for a small shipper representative and a Class I railroad 
representative. Upon appointment by the Chairman, the new 
representatives will serve for three years and may be eligible to serve 
a second three-year term following the end of their first terms.
    Suggestions for candidates to fill these vacancies should be 
submitted in letter form, identify the name of the

[[Page 90406]]

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 January 
9, 2017. 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. 8).

    Authority: 49 U.S.C. 1325.

    Decided: December 8, 2016.

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

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-29974 Filed 12-13-16; 8:45 am]
 BILLING CODE 4915-01-P