83 FR 63698 - Roster of Arbitrators-Annual Update

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 237 (December 11, 2018)

Page Range		63698-63699
FR Document		2018-26785

Federal Register, Volume 83 Issue 237 (Tuesday, December 11, 2018)

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63698-63699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26785]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 730 (Sub-No. 1)]


Roster of Arbitrators--Annual Update

    Under Section 13 of the Surface Transportation Board 
Reauthorization Act of 2015 (STB Reauthorization Act), codified at 49 
U.S.C. 11708, Congress directed the Board to ``promulgate regulations 
to establish a voluntary and binding arbitration process to resolve 
rail rate and practice complaints'' that are subject to the Board's 
jurisdiction. In May 2016, the Board issued a Notice of Proposed 
Rulemaking proposing to modify its existing regulations at 49 CFR 1108 
and 1115.8 to conform to the requirements of the STB Reauthorization 
Act. Revisions to Arbitration Procedures, EP 730 (STB served May 12, 
2016). Section 11708(f) provides that, unless parties otherwise agree, 
an arbitrator or panel of arbitrators shall be selected from a roster 
maintained by the Board. Accordingly, the Board's rules establish a 
process for creating and maintaining a roster of arbitrators. See 
Revisions to Arbitration Procedures (Final Rule), EP 730, slip op. at 
3-4 (STB served Oct. 11, 2016).
    By decision served February 23, 2017, the Board adopted its initial 
roster of arbitrators and updated the roster by decision served 
February 14, 2018. The roster is published on the Board's website at 
https://www.stb.gov/stb/litigationalternatives/CurrentArbitration.html 
(under ``Arbitration Procedures'').
    Under 49 CFR 1108.6(b), the Board is to update the roster of 
arbitrators annually. Accordingly, the Board is now requesting the 
names and qualifications of new arbitrators who wish to be placed on 
the roster. Current arbitrators who wish to remain on the roster must 
notify the Board of their continued availability and confirm that the 
biographical information on file with the Board remains accurate and if 
not, provide any necessary updates. Arbitrators who do not confirm 
their continued availability will be removed from the roster. This 
decision will be served on all current arbitrators.
    Any person who wishes to be added to the roster should file an 
application describing his or her experience with rail transportation 
and economic regulation, as well as professional or business 
experience, including agriculture, in the private sector. Each 
applicant should also describe his or her training in dispute 
resolution and/or experience in arbitration or other forms of dispute 
resolution, including the number of years of experience. Lastly, the 
applicant should provide his or her contact information and fees.
    All comments--including filings from new applicants, updates to 
existing arbitrator information, and confirmations of continued 
availability--should be submitted by January 11, 2019.\1\ The Board 
will assess each new applicant's qualifications to determine which 
individuals can ably serve as arbitrators based on the criteria 
established under 49 CFR 1108.6(b). The Board will then establish an 
updated roster of arbitrators by no-objection vote. The roster will 
include a brief biographical sketch of each arbitrator, including 
information such as background, area(s) of expertise, arbitration 
experience, and geographical location, as well as contact information 
and fees. The roster will be published on the Board's website.
---------------------------------------------------------------------------

    \1\ Persons who have informally indicated an interest in being 
included on the arbitrator roster (e.g., correspondence to Board 
members) should submit a comment pursuant to this decision.
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    It is ordered:
    1. Applications from persons interested in being added to the 
Board's roster of arbitrators, and confirmations of continued 
availability (with updates, if any, to existing arbitrator information) 
from persons currently on the arbitration roster, are due by January 
11, 2019.
    2. This decision will be served on all current arbitrators and 
published in the Federal Register.

[[Page 63699]]

    3. This decision is effective on the date of service.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-26785 Filed 12-10-18; 8:45 am]
 BILLING CODE 4915-01-P

63698 Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices

(SBG) filed a petition 1 under 49 U.S.C. Washington, DC 20423–0001 and (2) litigationalternatives/Current
10502 to (1) revoke the exemption that Richard F. Riley Jr., Foley & Lardner Arbitration.html (under ‘‘Arbitration
authorized SBG to operate pursuant to LLP, 3000 K Street NW, Suite 600, Procedures’’).
a trackage rights agreement entered into Washington, DC 20007–5109. Replies to Under 49 CFR 1108.6(b), the Board is
between SBG and Elgin, Joliet and the petition are due on or before to update the roster of arbitrators
Eastern Railway Company (CN),2 over a December 31, 2018. annually. Accordingly, the Board is now
0.6-mile rail line owned by CN in Persons seeking further information requesting the names and qualifications
Whiting, Ind. (the Line) and (2) allow concerning discontinuance procedures of new arbitrators who wish to be
the trackage rights to terminate. The may contact the Board’s Office of Public placed on the roster. Current arbitrators
Line is located between milepost J 47.4 Assistance, Governmental Affairs, and who wish to remain on the roster must
(south end of CN’s Whiting Line) and Compliance at (202) 245–0238 or refer notify the Board of their continued
Bridge Number 631 at or near milepost to the full abandonment and availability and confirm that the
J 46.8 on CN’s Calumet Spur on CN’s discontinuance regulations at 49 CFR biographical information on file with
Matteson Subdivision in Whiting, Ind. part 1152. Questions concerning the Board remains accurate and if not,
The interest of railroad employees environmental issues may be directed to provide any necessary updates.
will be protected by the conditions set the Board’s Office of Environmental Arbitrators who do not confirm their
forth in Oregon Short Line Railroad— Analysis at (202) 245–0305. Assistance continued availability will be removed
Abandonment—Goshen, 360 I.C.C. 91 for the hearing impaired is available from the roster. This decision will be
(1979). through the Federal Information Relay served on all current arbitrators.
By issuance of this notice, the Board Service (FIRS) at 1–800–877–8339. Any person who wishes to be added
is instituting an exemption proceeding Board decisions and notices are to the roster should file an application
pursuant to 49 U.S.C. 10502(b). A final available on our website at www.stb.gov. describing his or her experience with
decision will be issued by March 11, rail transportation and economic
Decided: December 6, 2018.
2019. regulation, as well as professional or
Because this is a discontinuance By the Board, Scott M. Zimmerman, Acting business experience, including
proceeding and not an abandonment, Director, Office of Proceedings. agriculture, in the private sector. Each
trail use/rail banking and public use Jeffrey Herzig, applicant should also describe his or her
conditions are not appropriate. Clearance Clerk. training in dispute resolution and/or
Similarly, no environmental or historic [FR Doc. 2018–26807 Filed 12–10–18; 8:45 am] experience in arbitration or other forms
documentation is required under 49 BILLING CODE 4915–01–P of dispute resolution, including the
CFR 1105.6(c)(5) and 1105.8(b)(3). number of years of experience. Lastly,
Any offer of financial assistance the applicant should provide his or her
(OFA) for subsidy under 49 CFR SURFACE TRANSPORTATION BOARD contact information and fees.
1152.27(b)(2) will be due no later than [Docket No. EP 730 (Sub–No. 1)]
All comments—including filings from
120 days after the filing of the petition new applicants, updates to existing
for exemption, or 10 days after service Roster of Arbitrators—Annual Update arbitrator information, and
of a decision granting the petition for confirmations of continued
exemption, whichever occurs sooner.3 Under Section 13 of the Surface availability—should be submitted by
Each OFA must be accompanied by the Transportation Board Reauthorization January 11, 2019.1 The Board will assess
filing fee, which is currently set at Act of 2015 (STB Reauthorization Act), each new applicant’s qualifications to
$1,800. See 49 CFR 1002.2(f)(25). codified at 49 U.S.C. 11708, Congress determine which individuals can ably
All filings in response to this notice directed the Board to ‘‘promulgate serve as arbitrators based on the criteria
must refer to STB Docket No. AB 1271X regulations to establish a voluntary and established under 49 CFR 1108.6(b). The
and must be sent to: (1) Surface binding arbitration process to resolve Board will then establish an updated
Transportation Board, 395 E Street SW, rail rate and practice complaints’’ that roster of arbitrators by no-objection vote.
are subject to the Board’s jurisdiction. In The roster will include a brief
1 SBG’s petition is styled as a petition to revoke. May 2016, the Board issued a Notice of biographical sketch of each arbitrator,
However, petitions to revoke trackage rights Proposed Rulemaking proposing to including information such as
agreements typically are appropriate when filed modify its existing regulations at 49 CFR background, area(s) of expertise,
concurrently with a trackage rights verified notice
of exemption. See, e.g., Union Pac. R.R.—Trackage
1108 and 1115.8 to conform to the arbitration experience, and geographical
Rights Exemption—Burlington N. & Santa Fe Ry., requirements of the STB location, as well as contact information
FD 33631 (Sub-No. 1), slip op. at 2 (STB served July Reauthorization Act. Revisions to and fees. The roster will be published
30, 1998) (‘‘We see nothing objectionable with this Arbitration Procedures, EP 730 (STB on the Board’s website.
procedure when, as here, the petition and notice are
filed together.’’). Here, the appropriate procedure is
served May 12, 2016). Section 11708(f) It is ordered:
a petition under 49 U.S.C. 10502 for exemption provides that, unless parties otherwise 1. Applications from persons
from the provisions of 49 U.S.C. 10903 to agree, an arbitrator or panel of interested in being added to the Board’s
discontinue SBG’s trackage rights over the Line. arbitrators shall be selected from a roster roster of arbitrators, and confirmations
2 Elgin, Joliet and Eastern Railway Company is an
maintained by the Board. Accordingly, of continued availability (with updates,
indirect subsidiary of Canadian National Railway
Company. the Board’s rules establish a process for if any, to existing arbitrator information)
3 The Board modified its OFA procedures creating and maintaining a roster of from persons currently on the
effective July 29, 2017. Among other things, the arbitrators. See Revisions to Arbitration arbitration roster, are due by January 11,
OFA process now requires potential offerors in all Procedures (Final Rule), EP 730, slip op. 2019.
amozie on DSK3GDR082PROD with NOTICES1

abandonment and discontinuance proceedings to 2. This decision will be served on all
file a formal expression of intent to file an offer. The
at 3–4 (STB served Oct. 11, 2016).
process also requires potential offerors, in their By decision served February 23, 2017, current arbitrators and published in the
formal expression of intent, to make a preliminary the Board adopted its initial roster of Federal Register.
financial responsibility showing based on a arbitrators and updated the roster by
calculation using information contained in the 1 Persons who have informally indicated an

carrier’s filing and publicly-available information.
decision served February 14, 2018. The interest in being included on the arbitrator roster
See Offers of Financial Assistance, EP 729 (STB roster is published on the Board’s (e.g., correspondence to Board members) should
served June 29, 2017); 82 FR 30997 (July 5, 2017). website at https://www.stb.gov/stb/ submit a comment pursuant to this decision.

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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices 63699

3. This decision is effective on the project pursuant to 23 U.S.C. 327. provided above. The Caltrans EA and
date of service. Notice is hereby given that Caltrans has FONSI can be viewed and downloaded
By the Board, Scott M. Zimmerman, Acting taken final agency actions subject to 23 from the project website at http://
Director, Office of Proceedings. U.S.C. 139(l)(1) by issuing licenses, gosbcta.com/plans-projects/projects/mt-
Jeffrey Herzig, permits, and approvals for the following vernon/envi-docs/2018-eval/Mt_
Mount Vernon Avenue Bridge Project in Vernon_EA_Final_52218.pdf.
Clearance Clerk.
the State of California. The Mount
[FR Doc. 2018–26785 Filed 12–10–18; 8:45 am]
Vernon Avenue Bridge Project proposes This notice applies to all Federal
BILLING CODE 4915–01–P
to replace the existing Mount Vernon agency decisions as of the issuance date
Avenue Bridge (Bridge Number 54C– of this notice and all laws under which
066) over the BNSF rail yard in the City such actions were taken, including but
DEPARTMENT OF TRANSPORTATION of San Bernardino, San Bernardino not limited to:
County, California. The proposed 1. National Environmental Policy Act
Federal Highway Administration project covers a distance of (NEPA) [42 U.S.C. 4321–4351]; Federal-
Notice of Final Federal Agency Actions approximately 0.5 mile. The purpose of Aid Highway Act [23 U.S.C. 109 and 23
on Proposed Highway in California the project is to provide a bridge that is U.S.C. 128].
structurally safe and meets current
AGENCY: Federal Highway seismic, design, and roadway standards. 2. Clean Air Act [42 U.S.C. 7401–
Administration (FHWA), DOT. A National Environmental Policy Act 7671(q)].
ACTION: Notice of limitation on claims (NEPA) Finding of No Significant 3. Section 4(f) of the U.S. Department
for judicial review of actions by the Impact (FONSI) was adopted for the of Transportation Act of 1966 [49 U.S.C.
California Department of Transportation project in June 2011. Since the NEPA 303].
(Caltrans), pursuant to 23 U.S.C. 327. document was adopted, it has been 4. Endangered Species Act [16 U.S.C.
noted that additional project
SUMMARY: The FHWA, on behalf of 1531–1544 and Section 1536], Fish and
improvements and refinements are
Caltrans, is issuing this notice to Wildlife Coordination Act [16 U.S.C.
needed that were not included in the
announce actions taken by Caltrans, that adopted NEPA document. A 661–667(d)], Migratory Bird Treaty Act
are final. The actions relate to the Supplemental Environmental [16 U.S.C. 703–712].
Mount Vernon Avenue Bridge Project, Assessment (EA) was prepared to focus 5. Section 106 of the National Historic
which would replace the existing Mount on impacts that would result from Preservation Act of 1966, as amended
Vernon Avenue Bridge (Bridge Number proposed changes to the approved [16 U.S.C. 470(f) et seq.]; Archeological
54C–066) over the Burlington Northern project since adoption of the FONSI in Resources Protection Act of 1977 [16
Santa Fe (BNSF) rail yard in the City of 2011. U.S.C. 470(aa)–11]; Archeological and
San Bernardino, San Bernardino Mount Vernon Avenue is considered Historic Preservation Act [16 U.S.C. 469
County, California. Those actions grant a Major Arterial per the City of San 469(c)]; Native American Grave
approvals for the project. Bernardino General Plan. Thus, it is a Protection and Repatriation Act
DATES: By this notice, the FHWA, on connecting link between economic (NAGPRA) [25 U.S.C. 3001–3013].
behalf of Caltrans, is advising the public centers both within the City and the
of final agency actions subject to 23 region as a whole. Mount Vernon 6. Clean Water Act 33 U.S.C. 1251–
U.S.C. 139(l)(1). A claim seeking Avenue Bridge provides an additional 1387.
judicial review of the Federal agency access route to rail and mass transit 7. Farmland Protection Policy Act [7
actions on the Off the Highway System (Metrolink) facilities in the immediate U.S.C. 4201–4209 and its regulations].
Project will be barred unless the claim area that also interface with port and
8. E.O. 11990 Protection of Wetlands;
is filed on or BEFORE May 10, 2019. If airport facilities. The bridge is currently
closed to all commercial traffic, E.O. 11988 Floodplain Management;
the Federal law that authorizes judicial E.O. 12898 Federal Actions to Address
review of a claim provides a time period including trucks and buses. Any
permanent long-term closure of the Environmental Justice in Minority
of less than 150 days for filing such
Mount Vernon Avenue Bridge would Populations and Low-Income
claim, then that shorter time period
remove an important connection linking Populations; E.O. 11593 Protection and
applies.
communities north and south of the Enhancement of Cultural Resources;
FOR FURTHER INFORMATION CONTACT: For BNSF railroad. Implementation of the E.O. 13112 Invasive Species.
Caltrans: Aaron Burton, Senior Mount Vernon Avenue Bridge Project
Environmental Planner, Local (Catalog of Federal Domestic Assistance
would replace the existing bridge to Program Number 20.205, Highway Planning
Assistance-Environmental Support, improve seismic performance, provide and Construction. The regulations
California Department of Transportation standard vertical clearance over the rail implementing Executive Order 12372
District 8, 464 West Fourth Street, 6th tracks, and comply with American regarding intergovernmental consultation on
floor, MS 760, San Bernardino, CA Association of State Highway and Federal programs and activities apply to this
92401 during regular office hours from Transportation Officials (AASHTO) program.)
8:00 a.m. to 5:00 p.m., Telephone roadway cross section standards.
number: (909) 383–2841, email: The actions by the Federal agencies, Authority: 23 U.S.C. 139(l)(1).
aaron.burton@dot.ca.gov. For FHWA, and the laws under which such actions Shawn Oliver,
contact Larry Vinzant at (916) 498–5040 were taken, are described in the
amozie on DSK3GDR082PROD with NOTICES1

or email larry.vinzant@dot.gov. Environmental Team Leader, Federal
Supplemental EA for the project, Highway Administration, Sacramento,
SUPPLEMENTARY INFORMATION: Effective approved on May 22, 2018 and the California.
July 1, 2007, the Federal Highway FONSI issued on October 9, 2018 and in
[FR Doc. 2018–26759 Filed 12–10–18; 8:45 am]
Administration (FHWA) assigned, and other documents in the Caltrans’ project
BILLING CODE 4910–RY–P
the California Department of records. The EA, FONSI and other
Transportation (Caltrans) assumed, project records are available by
environmental responsibilities for this contacting Caltrans at the address

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Document Created: 2018-12-11 01:06:58
Document Modified: 2018-12-11 01:06:58

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
FR Citation		83 FR 63698