82 FR 41303 - Public Listening Session Regarding CSX Transportation, Inc.'s Rail Service Issues; Joint Petition of Foresight Coal Sales, LLC, Sugar Camp Energy, LLC, Williamson Energy, LLC, and Consolidation Coal Company To Address the Adequacy of CSX Transportation's Coal Transportation Service Originating in the Illinois Basin and Northern Appalachia

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 167 (August 30, 2017)

Page Range		41303-41304
FR Document		2017-18399

The Surface Transportation Board (Board) will hold a public listening session on Tuesday, September 12, 2017, at its offices in Washington, DC, to hear from CSX Transportation, Inc. (CSXT), on its efforts to implement its new operating plan and to address service problems on its network, to provide shippers the opportunity to report on recent CSXT rail service issues they have experienced, and to discuss whether additional service recovery efforts may be necessary.

Federal Register, Volume 82 Issue 167 (Wednesday, August 30, 2017)

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Pages 41303-41304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18399]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 742; Docket No. EP 741]


Public Listening Session Regarding CSX Transportation, Inc.'s 
Rail Service Issues; Joint Petition of Foresight Coal Sales, LLC, Sugar 
Camp Energy, LLC, Williamson Energy, LLC, and Consolidation Coal 
Company To Address the Adequacy of CSX Transportation's Coal 
Transportation Service Originating in the Illinois Basin and Northern 
Appalachia

AGENCY: Surface Transportation Board.

ACTION: Notice of public listening session.

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SUMMARY: The Surface Transportation Board (Board) will hold a public 
listening session on Tuesday, September 12, 2017, at its offices in 
Washington, DC, to hear from CSX Transportation, Inc. (CSXT), on its 
efforts to implement its new operating plan and to address service 
problems on its network, to provide shippers the opportunity to report 
on recent CSXT rail service issues they have experienced, and to 
discuss whether additional service recovery efforts may be necessary.

DATES: The public listening session will be held on September 12, 2017, 
beginning at 9:30 a.m., in the Hearing Room at the Board's headquarters 
located at 395 E Street SW., Washington, DC. The listening session will 
be open for public observation. Any person wishing to speak at the 
listening session shall file with the Board a notice of intent to 
participate, identifying the party and the proposed speaker, no later 
than September 7, 2017. The notices of intent to participate are not 
required to be served on the parties of record; they will be posted to 
the Board's Web site when they are filed.

ADDRESSES: All filings 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 ``www.stb.gov.'' Any 
person submitting a filing in the traditional paper format should send 
an original and 10 copies of the filing to: Surface Transportation 
Board, Attn: Docket No. EP 742, 395 E Street SW., Washington, DC 20423-
0001.
    Copies of written submissions will be posted to the Board's Web 
site. Copies of the submissions will also be available (for a fee) by 
contacting the Board's Chief Records Officer at (202) 245-0238 or 395 E 
Street SW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: Amy C. Ziehm at (202) 245-0391. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Rail network reliability is essential to the 
Nation's economy and is the foremost priority of the Board. Since July, 
the Board has taken a number of actions in response to the service 
problems resulting from CSXT's ongoing implementation of a new 
operating plan and has been closely monitoring CSXT's performance. In a 
July 27, 2017 letter, the Board Members requested that CSXT's senior 
management participate in weekly calls with the Board's Rail Customer 
and Public Assistance (RCPA)

[[Page 41304]]

staff to discuss the carrier's efforts to restore reliable service to 
its shippers.\1\ In a follow-up August 14, 2017 letter, the Board 
requested that CSXT submit weekly specific service performance data to 
facilitate these ongoing calls.\2\ The performance data, in addition to 
the data already submitted in U.S. Rail Service Issues--Performance 
Data Reporting, Docket No. EP 724 (Sub-No. 4), is assisting the Board 
in actively monitoring CSXT's service levels and the effectiveness of 
its recovery efforts.
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    \1\ See Letter from Board Members Ann D. Begeman, Daniel R. 
Elliott III, and Deb Miller, Surface Transportation Board, to E. 
Hunter Harrison, President and Chief Exec. Officer, CSX 
Transportation, Inc. (July 27, 2017) (on file with the Board), 
available at http://www.stb.gov (open tab at ``E-Library, select 
``Correspondence'', select ``Non-Docketed Public Correspondence'', 
follow ``07/27/2017'' hyperlink).
    \2\ See Letter from Board Members Ann D. Begeman, Daniel R. 
Elliott III, and Deb Miller, Surface Transportation Board, to E. 
Hunter Harrison, President and Chief Exec. Officer, CSX 
Transportation, Inc. (Aug. 14, 2017) (on file with the Board), 
available at http://www.stb.gov (open tab at ``E-Library, select 
``Correspondence'', select ``Non-Docketed Public Correspondence'', 
follow ``08/14/2017'' hyperlink).
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    The Board has also been working to ensure that CSXT addresses 
service issues that shippers inform the Board about as they arise. 
Representatives of RCPA have held numerous meetings and conference 
calls with affected parties to better understand the specific problems 
shippers are experiencing and to help facilitate a swift resolution 
whenever possible. In monitoring CSXT's recent problems, the Board has 
been providing information to all stakeholders in a transparent manner, 
requesting specific service performance data, and posting that data to 
the Board's Web site. RCPA is also having frequent phone conversations 
with CSXT's senior management regarding these informal service 
complaints.
    CSXT has indicated that its internal metrics are showing that 
service in some areas is improving and that noticeable improvements 
should be more evident after Labor Day. Therefore, the Board will hold 
a public listening session beginning at 9:30 a.m., on Tuesday, 
September 12, 2017, at its offices in Washington, DC, to hear firsthand 
from CSXT's senior officials and affected shippers about CSXT's rail 
service and efforts to improve service.
    The Board will direct executive-level officials from CSXT to appear 
at the listening session to discuss their ongoing and future efforts to 
improve service and to provide an estimated timeline for recovery of 
normal service levels. The Board encourages impacted shippers to appear 
at the public listening session to discuss their service concerns and 
comment on the railroad's service recovery efforts. The Board's 
listening session is not intended to replace the data collection or the 
informal and confidential dispute resolution process facilitated by 
RCPA, and stakeholders who do not have formal complaints pending 
(discussed below) are encouraged to continue communicating through that 
office.
    Additionally, in the past two weeks, some CSXT shippers have filed 
formal complaints against CSXT seeking service-related injunctive 
relief and/or money damages (Docket Nos. NOR 42154, NOR 42155, and NOR 
42156); a petition to institute a proceeding to address the adequacy of 
CSXT's service (Docket No. EP 741); and a request for an emergency 
service order (by letter addressed to the Board Members).\3\ The Board 
believes that the concerns raised in the petition in Docket No. EP 741 
are best addressed in this docket, as well as through the Board's other 
ongoing efforts; accordingly, we will deny the petition in EP 741 to 
institute a proceeding as unnecessary, but without prejudice to taking 
more formal action at a later time, if appropriate. In the meantime, 
the Board will continue to address these important service reliability 
issues in a transparent manner to ensure shippers, carriers, and all 
interested stakeholders are fully informed about the Board's work.
---------------------------------------------------------------------------

    \3\ That letter shortly will be posted as a filing on the 
Board's Web site under Docket No. EP 742.
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    It is ordered:
    1. A public listening session will be held on Tuesday, September 
12, 2017, at 9:30 a.m., in the Board's Hearing Room, at 395 E Street 
SW., Washington, DC, as described above.
    2. CSXT is directed to appear at the listening session through 
executive-level officials.
    3. By September 7, 2017, any person wishing to speak at the 
listening session shall file with the Board a notice of intent to 
participate (identifying the party and the proposed speaker). The 
notices of intent to participate need not be served on the parties of 
record; they will be posted to the Board's Web site when they are 
filed.
    4. The petition to institute a proceeding in Docket No. EP 741 is 
denied without prejudice.
    5. This decision is effective on its service date.

    Decided: August 24, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.
Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2017-18399 Filed 8-29-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices 41303

Percent No. 234 of October 1, 1999, Delegation listening session on Tuesday, September
of Authority No. 236–3 of August 28, 12, 2017, at its offices in Washington,
Non-Profit Organizations With- 2000 (and, as appropriate, Delegation of DC, to hear from CSX Transportation,
out Credit Available Else- Authority No. 257–1 of December 11, Inc. (CSXT), on its efforts to implement
where ..................................... 2.500 2015). I have ordered that Public Notice its new operating plan and to address
of these determinations be published in service problems on its network, to
The number assigned to this disaster the Federal Register. provide shippers the opportunity to
for physical damage is 15261 6 and for report on recent CSXT rail service issues
economic injury is 15262 0. Alyson Grunder,
they have experienced, and to discuss
The States which received an EIDL Deputy Assistant Secretary for Policy, Bureau whether additional service recovery
Declaration # are Pennsylvania, West of Educational and Cultural Affairs, efforts may be necessary.
Virginia. Department of State.
DATES: The public listening session will
(Catalog of Federal Domestic Assistance [FR Doc. 2017–18385 Filed 8–29–17; 8:45 am]
be held on September 12, 2017,
Number 59008) BILLING CODE 4710–05–P
beginning at 9:30 a.m., in the Hearing
Dated: August 23, 2017.
Room at the Board’s headquarters
DEPARTMENT OF STATE located at 395 E Street SW.,
Linda E. McMahon,
Washington, DC. The listening session
Administrator. [Public Notice: 10108] will be open for public observation. Any
[FR Doc. 2017–18381 Filed 8–29–17; 8:45 am] person wishing to speak at the listening
BILLING CODE 8025–01–P Determination Pursuant to Section session shall file with the Board a notice
7041(a)(3)(B) of the Department of of intent to participate, identifying the
State, Foreign Operations, and Related party and the proposed speaker, no later
DEPARTMENT OF STATE Programs Appropriations Act, 2016 than September 7, 2017. The notices of
intent to participate are not required to
[Public Notice: 10107] Pursuant to the Authority vested in
be served on the parties of record; they
me as Secretary of State by section
Notice of Determinations; Culturally will be posted to the Board’s Web site
7041(a)(3)(B) of the Department of State,
Significant Objects Imported for when they are filed.
Foreign Operations, and Related
Exhibition Determinations: ‘‘Renoir and Programs Appropriations Act, 2016 ADDRESSES: All filings may be submitted
Friends: Luncheon of the Boating (Div. K, Pub. L. 114–113) (‘‘the Act’’), I either via the Board’s e-filing format or
Party’’ Exhibition hereby determine that it is important to in the traditional paper format. Any
the national security interest of the person using e-filing should attach a
SUMMARY: Notice is hereby given of the document and otherwise comply with
following determinations: I hereby United States to waive the certification
requirement in section 7041(a)(3)(A) of the instructions at the ‘‘E–FILING’’ link
determine that certain objects to be on the Board’s Web site at
included in the exhibition ‘‘Renoir and the Act. I hereby waive that
requirement. ‘‘www.stb.gov.’’ Any person submitting
Friends: Luncheon of the Boating a filing in the traditional paper format
Party,’’ imported from abroad for This determination shall be reported
to Congress, along with the should send an original and 10 copies
temporary exhibition within the United of the filing to: Surface Transportation
States, are of cultural significance. The accompanying Memorandum of
Justification, and published in the Board, Attn: Docket No. EP 742, 395 E
objects are imported pursuant to loan Street SW., Washington, DC 20423–
agreements with the foreign owners or Federal Register.
0001.
custodians. I also determine that the Dated: August 22, 2017. Copies of written submissions will be
exhibition or display of the exhibit Rex W. Tillerson, posted to the Board’s Web site. Copies
objects at The Phillips Collection, Secretary of State. of the submissions will also be available
Washington, District of Columbia, from [FR Doc. 2017–18395 Filed 8–29–17; 8:45 am] (for a fee) by contacting the Board’s
on or about October 7, 2017, until on or BILLING CODE 4710–31–P Chief Records Officer at (202) 245–0238
about January 7, 2018, and at possible or 395 E Street SW., Washington, DC
additional exhibitions or venues yet to 20423–0001.
be determined, is in the national FOR FURTHER INFORMATION CONTACT:
interest. SURFACE TRANSPORTATION BOARD
Amy C. Ziehm at (202) 245–0391.
FOR FURTHER INFORMATION CONTACT: For [Docket No. EP 742; Docket No. EP 741] Assistance for the hearing impaired is
further information, including a list of available through the Federal
the imported objects, contact Elliot Chiu Public Listening Session Regarding Information Relay Service (FIRS) at
in the Office of the Legal Adviser, U.S. CSX Transportation, Inc.’s Rail Service (800) 877–8339.
Department of State (telephone: 202– Issues; Joint Petition of Foresight Coal
SUPPLEMENTARY INFORMATION: Rail
632–6471; email: section2459@ Sales, LLC, Sugar Camp Energy, LLC,
network reliability is essential to the
state.gov). The mailing address is U.S. Williamson Energy, LLC, and
Nation’s economy and is the foremost
Department of State, L/PD, SA–5, Suite Consolidation Coal Company To
priority of the Board. Since July, the
5H03, Washington, DC 20522–0505. Address the Adequacy of CSX
Board has taken a number of actions in
Transportation’s Coal Transportation
SUPPLEMENTARY INFORMATION: The response to the service problems
Service Originating in the Illinois Basin
foregoing determinations were made resulting from CSXT’s ongoing
mstockstill on DSK30JT082PROD with NOTICES

and Northern Appalachia
pursuant to the authority vested in me implementation of a new operating plan
by the Act of October 19, 1965 (79 Stat. AGENCY: Surface Transportation Board. and has been closely monitoring CSXT’s
985; 22 U.S.C. 2459), E.O. 12047 of ACTION: Notice of public listening performance. In a July 27, 2017 letter,
March 27, 1978, the Foreign Affairs session. the Board Members requested that
Reform and Restructuring Act of 1998 CSXT’s senior management participate
(112 Stat. 2681, et seq.; 22 U.S.C. 6501 SUMMARY: The Surface Transportation in weekly calls with the Board’s Rail
note, et seq.), Delegation of Authority Board (Board) will hold a public Customer and Public Assistance (RCPA)

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41304 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices

staff to discuss the carrier’s efforts to concerns and comment on the railroad’s DEPARTMENT OF TRANSPORTATION
restore reliable service to its shippers.1 service recovery efforts. The Board’s
In a follow-up August 14, 2017 letter, listening session is not intended to Federal Aviation Administration
the Board requested that CSXT submit replace the data collection or the [Docket No.: FAA–2016–4756]
weekly specific service performance informal and confidential dispute
data to facilitate these ongoing calls.2 resolution process facilitated by RCPA, Reduction of Remote Communications
The performance data, in addition to the and stakeholders who do not have Outlets Used by Flight Service Stations
data already submitted in U.S. Rail formal complaints pending (discussed in the Conterminous United States
Service Issues—Performance Data below) are encouraged to continue
Reporting, Docket No. EP 724 (Sub-No. communicating through that office. AGENCY: Federal Aviation
4), is assisting the Board in actively Additionally, in the past two weeks, Administration (FAA), DOT.
monitoring CSXT’s service levels and some CSXT shippers have filed formal ACTION: Notice of final policy.
the effectiveness of its recovery efforts. complaints against CSXT seeking
The Board has also been working to service-related injunctive relief and/or SUMMARY: This action sets forth the final
ensure that CSXT addresses service money damages (Docket Nos. NOR policy determination for the FAA’s
issues that shippers inform the Board 42154, NOR 42155, and NOR 42156); a proposed plan to decommission remote
about as they arise. Representatives of petition to institute a proceeding to communications outlets (RCO) used by
RCPA have held numerous meetings address the adequacy of CSXT’s service Flight Service Stations in the
and conference calls with affected (Docket No. EP 741); and a request for conterminous United States, Hawaii,
parties to better understand the specific an emergency service order (by letter and Puerto Rico. Based on comments,
problems shippers are experiencing and addressed to the Board Members).3 The the FAA has decreased the number of
to help facilitate a swift resolution Board believes that the concerns raised RCOs planned for decommissioning
whenever possible. In monitoring in the petition in Docket No. EP 741 are from 666 to 641, which includes 404
CSXT’s recent problems, the Board has best addressed in this docket, as well as RCOs and 237 VOR outlets.
been providing information to all through the Board’s other ongoing DATES: Applicable: August 30, 2017.
stakeholders in a transparent manner, efforts; accordingly, we will deny the FOR FURTHER INFORMATION CONTACT: Teri
requesting specific service performance petition in EP 741 to institute a Bristol, ATO Chief Operating Officer,
data, and posting that data to the proceeding as unnecessary, but without Office of the Administrator, Federal
Board’s Web site. RCPA is also having prejudice to taking more formal action Aviation Administration, 800
frequent phone conversations with at a later time, if appropriate. In the Independence Avenue SW.,
CSXT’s senior management regarding meantime, the Board will continue to Washington, DC 20591; telephone: (202)
these informal service complaints. address these important service 267–1240.
CSXT has indicated that its internal reliability issues in a transparent
SUPPLEMENTARY INFORMATION:
metrics are showing that service in some manner to ensure shippers, carriers, and
areas is improving and that noticeable all interested stakeholders are fully Background
improvements should be more evident informed about the Board’s work.
It is ordered: The FAA maintains a network of over
after Labor Day. Therefore, the Board 2,100 remote communications outlets
will hold a public listening session 1. A public listening session will be
held on Tuesday, September 12, 2017, at (RCOs) throughout the conterminous
beginning at 9:30 a.m., on Tuesday, United States, Hawaii and Puerto Rico.
September 12, 2017, at its offices in 9:30 a.m., in the Board’s Hearing Room,
at 395 E Street SW., Washington, DC, as The RCOs are used by a contract service
Washington, DC, to hear firsthand from provider to communicate with pilots in
CSXT’s senior officials and affected described above.
2. CSXT is directed to appear at the flight. By using these frequencies, pilots
shippers about CSXT’s rail service and can obtain weather briefings and file
efforts to improve service. listening session through executive-
level officials. flight plans and receive numerous other
The Board will direct executive-level
3. By September 7, 2017, any person services.
officials from CSXT to appear at the
wishing to speak at the listening session On April 28, 2016, the FAA published
listening session to discuss their
shall file with the Board a notice of a notice of proposed policy outlining
ongoing and future efforts to improve
intent to participate (identifying the the plan to reduce the number of radio
service and to provide an estimated
party and the proposed speaker). The frequencies used by Flight Service
timeline for recovery of normal service
notices of intent to participate need not Stations to communicate with aircraft in
levels. The Board encourages impacted
be served on the parties of record; they flight (81 FR 25484). The FAA noted
shippers to appear at the public
will be posted to the Board’s Web site that a network of 1,223 RCOs and 398
listening session to discuss their service
when they are filed. VOR frequencies cover a vast majority of
1 See Letter from Board Members Ann D.
4. The petition to institute a the conterminous United States and
Begeman, Daniel R. Elliott III, and Deb Miller, proceeding in Docket No. EP 741 is include duplicate, overlapping, and
Surface Transportation Board, to E. Hunter denied without prejudice. seldom used frequencies. Based on a
Harrison, President and Chief Exec. Officer, CSX 5. This decision is effective on its study conducted by MITRE, the FAA
Transportation, Inc. (July 27, 2017) (on file with the service date.
Board), available at http://www.stb.gov (open tab at
proposed a policy to decommission 666
‘‘E-Library, select ‘‘Correspondence’’, select ‘‘Non- Decided: August 24, 2017. RCOs in the conterminous United
Docketed Public Correspondence’’, follow ‘‘07/27/ By the Board, Board Members Begeman, States, Hawaii, and Puerto Rico.1 The
2017’’ hyperlink). Elliott, and Miller. FAA estimated that, by reducing radio
mstockstill on DSK30JT082PROD with NOTICES

2 See Letter from Board Members Ann D.
Rena Laws-Byrum, coverage, the agency could save
Begeman, Daniel R. Elliott III, and Deb Miller,
Surface Transportation Board, to E. Hunter Clearance Clerk. approximately $2.5 million annually in
Harrison, President and Chief Exec. Officer, CSX [FR Doc. 2017–18399 Filed 8–29–17; 8:45 am]
Transportation, Inc. (Aug. 14, 2017) (on file with 1 The FAA noted that the following frequencies

the Board), available at http://www.stb.gov (open BILLING CODE 4915–01–P would not be considered for decommissioning:
tab at ‘‘E-Library, select ‘‘Correspondence’’, select frequencies for emergency use only; frequencies for
‘‘Non-Docketed Public Correspondence’’, follow 3 That letter shortly will be posted as a filing on military use only, frequencies in the State of Alaska,
‘‘08/14/2017’’ hyperlink). the Board’s Web site under Docket No. EP 742. and Ground Communications Outlets.

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Document Created: 2017-08-30 04:08:14
Document Modified: 2017-08-30 04:08:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of public listening session.
Dates		The public listening session will be held on September 12, 2017, beginning at 9:30 a.m., in the Hearing Room at the Board's headquarters located at 395 E Street SW., Washington, DC. The listening session will be open for public observation. Any person wishing to speak at the listening session shall file with the Board a notice of intent to participate, identifying the party and the proposed speaker, no later than September 7, 2017. The notices of intent to participate are not required to be served on the parties of record; they will be posted to the Board's Web site when they are filed.
Contact		Amy C. Ziehm at (202) 245-0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation		82 FR 41303