82 FR 61653 - Notice of Railroad-Shipper Transportation Advisory Council Vacancies

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range		61653-61654
FR Document		2017-28011

The Board hereby gives notice of vacancies on RSTAC for two small shipper representatives, one large shipper representative, two small railroad representatives, and two large railroad representatives. The Board seeks suggestions for candidates to fill these vacancies.

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61653-61654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28011]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 526 (Sub-No. 10)]


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 two 
small shipper representatives, one large shipper representative, two 
small railroad representatives, and two large railroad representatives. 
The Board seeks suggestions for candidates to fill these vacancies.

DATES: Nominations are due on January 22, 2018.

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 website, 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. 10), 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 website under 
Docket No. EP 526 (Sub-No. 10).

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), the construction, acquisition, operation, and 
abandonment of rail lines (49 U.S.C. 10901-07), as well as 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

[[Page 61654]]

issues of importance to small shippers and small railroads, including 
car supply, rates, competition, and procedures for addressing claims. 
ICCTA instructs RSTAC to endeavor 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.
    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. Of 
the 15 appointed members, nine 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 
meetings 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., & Comm'ns., 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 several RSTAC members' terms, vacancies 
exist for the following: Two small shipper representatives, one large 
shipper representative, two small railroad representatives, and two 
large railroad representatives. Upon appointment by the Board 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 
term.
    Suggestions for candidates to fill these vacancies 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 an 
RSTAC member effective immediately upon appointment. RSTAC candidate 
suggestions should be filed with the Board by January 22, 2018. Members 
selected to serve on RSTAC are chosen at the discretion of the Board 
Chairman. Please note that submissions will be available to the public 
at the Board's offices and posted on the Board's website under Docket 
No. EP 526 (Sub-No. 10).

    Authority:  49 U.S.C. 1325.

    Decided: December 21, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-28011 Filed 12-27-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices 61653

SURFACE TRANSPORTATION BOARD rail transportation and economic ACTION: Notice of vacancies on the
regulation, as well as professional or Railroad-Shipper Transportation
[Docket No. EP 730 (Sub-No. 1)]
business experience, including Advisory Council (RSTAC) and
Revisions to Arbitration Procedures agriculture, in the private sector. Each solicitation of nominations.
applicant should also describe his or her
Under Section 13 of the Surface training in dispute resolution and/or SUMMARY: The Board hereby gives notice
Transportation Board Reauthorization experience in arbitration or other forms of vacancies on RSTAC for two small
Act of 2015 (STB Reauthorization Act), of dispute resolution, including the shipper representatives, one large
codified at 49 U.S.C. 11708, Congress number of years of experience. Lastly, shipper representative, two small
directed the Board to ‘‘promulgate the applicant should provide his or her railroad representatives, and two large
regulations to establish a voluntary and contact information and fees. railroad representatives. The Board
binding arbitration process to resolve All comments—including filings from seeks suggestions for candidates to fill
rail rate and practice complaints’’ that new applicants, updates to existing these vacancies.
are subject to the Board’s jurisdiction. In arbitrator information, and DATES: Nominations are due on January
May 2016, the Board issued a Notice of confirmations of continued 22, 2018.
Proposed Rulemaking proposing to availability—should be submitted by ADDRESSES: Suggestions may be
modify its existing regulations at 49 CFR January 22, 2018.1 The Board will assess submitted either via the Board’s e-filing
pt. 1108 and § 1115.8 to conform to the each new applicant’s qualifications to format or in the traditional paper
requirements of the STB determine which individuals can ably format. Any person using e-filing should
Reauthorization Act. Revisions to serve as arbitrators based on the criteria attach a document and otherwise
Arbitration Procedures, EP 730 (STB established under section 1108.6(b). The comply with the instructions at the
served May 12, 2016). Section 11708(f) Board will then establish an updated E–FILING link on the Board’s website,
provides that, unless parties otherwise roster of arbitrators by no-objection vote. at http://www.stb.gov. Any person
agree, an arbitrator or panel of The roster will include a brief submitting a filing in the traditional
arbitrators shall be selected from a roster biographical sketch of each arbitrator, paper format should send an original
maintained by the Board. Accordingly, including information such as and 10 copies to: Surface Transportation
the Board’s rules establish a process for background, area(s) of expertise, Board, Attn: Docket No. EP 526 (Sub–
creating and maintaining a roster of arbitration experience, and geographical No. 10), 395 E Street SW, Washington,
arbitrators. See Revisions to Arbitration location, as well as contact information DC 20423–0001 (if sending via express
Procedures (Final Rule), EP 730, slip op. and fees. The roster will be published company or private courier, please use
at 3–4 (STB served Oct. 11, 2016). on the Board’s website. zip code 20024). Please note that
By decision served December 2, 2016, submissions will be available to the
It is ordered:
the Board sought applications from all public at the Board’s offices and posted
1. Applications from persons
interested persons who wished to be
interested in being added to the Board’s on the Board’s website under Docket
considered for inclusion on the initial
roster of arbitrators and confirmations of No. EP 526 (Sub–No. 10).
roster. The Board assessed each
continued availability (with updates, if FOR FURTHER INFORMATION CONTACT:
applicant’s qualifications to identify
any, to existing arbitrator information) Katherine Bourdon at 202–245–0285.
individuals who can ably serve as
arbitrators based on the criteria from persons currently on the Assistance for the hearing impaired is
established by the Board in its Final arbitration roster, are due by January 22, available through the Federal
Rule at 49 CFR 1108.6(b). By decision 2018. Information Relay Service (FIRS) at
served February 23, 2017, the Board 2. This decision will be served on all 1–800–877–8339.
adopted and issued its roster of current arbitrators and published in the SUPPLEMENTARY INFORMATION: The
arbitrators. The roster is published on Federal Register. Board, created in 1996 to take over
the Board’s website at https:// 3. This decision is effective on the many of the functions previously
www.stb.gov/stb/litigationalternatives/ date of service. performed by the Interstate Commerce
CurrentArbitration.html (a link to the Decided: December 21, 2017. Commission, exercises broad authority
current arbitrator roster is located in the By the Board, Scott M. Zimmerman, Acting over transportation by rail carriers,
section titled, ‘‘Arbitration Director, Office of Proceedings. including regulation of railroad rates
Procedures’’). Jeffrey Herzig, and service (49 U.S.C. 10701–47,
Section 1108.6(b) requires that the Clearance Clerk. 11101–24), the construction,
Board update the roster of arbitrators [FR Doc. 2017–28009 Filed 12–27–17; 8:45 am]
acquisition, operation, and
every year. Accordingly, the Board is abandonment of rail lines (49 U.S.C.
BILLING CODE 4915–01–P
now requesting the names and 10901–07), as well as railroad line sales,
qualifications of new arbitrators who consolidations, mergers, and common
wish to be placed on the roster. SURFACE TRANSPORTATION BOARD control arrangements (49 U.S.C. 10902,
Arbitrators who wish to remain on the 11323–27).
roster must notify the Board of their [Docket No. EP 526 (Sub-No. 10)] RSTAC was established upon the
continued availability and confirm that enactment of the ICC Termination Act of
the biographical information on file Notice of Railroad-Shipper 1995 (ICCTA) on December 29, 1995, to
with the Board remains accurate and if Transportation Advisory Council advise the Board’s Chairman, the
Vacancies Secretary of Transportation, the
sradovich on DSK3GMQ082PROD with NOTICES

not, provide any necessary updates.
Arbitrators who do not confirm their Committee on Commerce, Science, and
AGENCY: Surface Transportation Board
continued availability will be removed Transportation of the Senate, and the
(Board).
from the roster. This decision will be Committee on Transportation and
served on all current arbitrators. 1 Persons who have informally indicated an
Infrastructure of the House of
Any person who wishes to be added interest in being included on the arbitrator roster
Representatives with respect to rail
to the roster should file an application (e.g., correspondence to Board members) should transportation policy issues RSTAC
describing his or her experience with submit a comment pursuant to this decision. considers significant. RSTAC focuses on

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61654 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

issues of importance to small shippers they do so in a representative capacity, SUMMARY: In accordance with the
and small railroads, including car rather than an individual capacity. See Harmonized Tariff Schedule of the
supply, rates, competition, and Revised Guidance on Appointment of United States (HTS), the Office of the
procedures for addressing claims. Lobbyists to Fed. Advisory Comms., United States Trade Representative
ICCTA instructs RSTAC to endeavor to Bds., & Comm’ns., 79 FR 47,482 (Aug. (USTR) is providing notice of its
develop private-sector mechanisms to 13, 2014). Members of RSTAC are determination of the trade surplus in
prevent, or identify and address, appointed to serve in a representative certain sugar and syrup goods and
obstacles to the most effective and capacity. sugar-containing products of Chile,
efficient transportation system RSTAC members are appointed for Morocco, Costa Rica, the Dominican
practicable. RSTAC also prepares an three-year terms. A member may serve Republic, El Salvador, Guatemala,
annual report concerning its activities after the expiration of his or her term Honduras, Nicaragua, Peru, Colombia
and recommendations on whatever until a successor has taken office. No and Panama. The level of a country’s
regulatory or legislative relief it member will be eligible to serve in trade surplus in these goods relates to
considers appropriate. RSTAC is not excess of two consecutive terms. the quantity of sugar and syrup goods
subject to the Federal Advisory Due to the expiration of several and sugar-containing products for
Committee Act. RSTAC members’ terms, vacancies exist which the United States grants
RSTAC currently consists of 19 for the following: Two small shipper preferential tariff treatment under (i) the
members. Of this number, 15 members representatives, one large shipper United States-Chile Free Trade
are appointed by the Chairman of the representative, two small railroad Agreement (Chile FTA); (ii) the United
Board, and the remaining four members representatives, and two large railroad States-Morocco Free Trade Agreement
are comprised of the Secretary of representatives. Upon appointment by (Morocco FTA); (iii) the Dominican
Transportation and the Members of the the Board Chairman, the new Republic-Central America-United States
Board, who serve as ex officio, representatives will serve for three years Free Trade Agreement (CAFTA–DR);
nonvoting members. Of the 15 and may be eligible to serve a second (iv) the United States-Peru Trade
appointed members, nine are voting three-year term following the end of Promotion Agreement (Peru TPA); (v)
members and are appointed from senior their first term. the United States-Colombia Trade
executive officers of organizations Suggestions for candidates to fill these
Promotion Agreement (Colombia TPA);
engaged in the railroad and rail vacancies should be submitted in letter
and (vi) the United States-Panama Trade
shipping industries. At least four of the form, identify the name of the
Promotion Agreement (Panama TPA).
voting members must be representatives candidate, provide a summary of why
of small shippers as determined by the the candidate is qualified to serve on DATES: This notice is applicable on
Chairman, and at least four of the voting RSTAC, and contain a representation January 1, 2018.
members must be representatives of that the candidate is willing to serve as FOR FURTHER INFORMATION CONTACT:
Class II or III railroads. The remaining an RSTAC member effective Ronald Baumgarten, Office of
six members to be appointed—three immediately upon appointment. RSTAC Agricultural Affairs, (202) 395–9583 or
representing Class I railroads and three candidate suggestions should be filed Ronald_Baumgarten@ustr.eop.gov.
representing large shipper with the Board by January 22, 2018.
SUPPLEMENTARY INFORMATION:
organizations—serve in a nonvoting, Members selected to serve on RSTAC
advisory capacity, but are entitled to are chosen at the discretion of the Board I. Chile FTA
participate in RSTAC deliberations. Chairman. Please note that submissions
RSTAC is required by statute to meet will be available to the public at the Pursuant to section 201 of the United
at least semi-annually. In recent years, Board’s offices and posted on the States-Chile Free Trade Agreement
RSTAC has met four times a year. Board’s website under Docket No. EP Implementation Act (Pub. L. 108–77; 19
Meetings are generally held at the 526 (Sub-No. 10). U.S.C. 3805 note), Presidential
Board’s headquarters in Washington, Proclamation No. 7746 of December 30,
Authority: 49 U.S.C. 1325.
DC, although some meetings are held in 2003 (68 FR 75789) implemented the
Decided: December 21, 2017. Chile FTA on behalf of the United States
other locations.
RSTAC members receive no By the Board, Scott M. Zimmerman, Acting and modified the HTS to reflect the
Director, Office of Proceedings. tariff treatment provided for in the Chile
compensation for their services and are
required to provide for the expenses Jeffrey Herzig, FTA.
incidental to their service, including Clearance Clerk. Note 12(a) to subchapter XI of HTS
travel expenses, as the Board cannot [FR Doc. 2017–28011 Filed 12–27–17; 8:45 am] chapter 99 requires USTR to publish
provide for these expenses. RSTAC may BILLING CODE 4915–01–P annually a determination of the amount
solicit and use private funding for its of Chile’s trade surplus, by volume,
activities, again subject to certain with all sources for goods in
restrictions in ICCTA. RSTAC members OFFICE OF THE UNITED STATES Harmonized System (HS) subheadings
currently have elected to submit annual TRADE REPRESENTATIVE 1701.11, 1701.12, 1701.91, 1701.99,
dues to pay for RSTAC expenses. 1702.20, 1702.30, 1702.40, 1702.60,
RSTAC members must be citizens of Determination of Trade Surplus in 1702.90, 1806.10, 2101.12, 2101.20, and
the United States and represent as Certain Sugar and Syrup Goods and 2106.90, except that Chile’s imports of
broadly as practicable the various Sugar-Containing Products of Chile, goods classified under HS subheadings
segments of the railroad and rail shipper Morocco, Costa Rica, the Dominican 1702.40 and 1702.60 that qualify for
sradovich on DSK3GMQ082PROD with NOTICES

industries. They may not be full-time Republic, El Salvador, Guatemala, preferential tariff treatment under the
employees of the United States. Honduras, Nicaragua, Peru, Colombia, Chile FTA are not included in the
According to revised guidance issued by and Panama calculation of Chile’s trade surplus.
the Office of Management and Budget, AGENCY: Office of the United States Proclamation 8771 of December 29,
it is permissible for federally registered Trade Representative. 2011 (77 FR 413) reclassified HS
lobbyists to serve on advisory subheading 1701.11 as 1701.13 and
ACTION: Notice.
committees, such as RSTAC, as long as 1701.14.

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Document Created: 2017-12-28 00:44:18
Document Modified: 2017-12-28 00:44:18

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 vacancies on the Railroad-Shipper Transportation Advisory Council (RSTAC) and solicitation of nominations.
Dates		Nominations are due on January 22, 2018.
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.
FR Citation		82 FR 61653