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Interim Guidance on State Freight Plans and State Freight Advisory Committees
Interim Guidance on State Freight Plans and State Freight Advisory Committees
Interim Guidance on State Freight Plans and State Freight Advisory Committees
Interim Guidance on State Freight Plans and State Freight Advisory Committees
Interim Guidance on State Freight Plans and State Freight Advisory Committees
Interim Guidance on State Freight Plans and State Freight Advisory Committees
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Interim Guidance on State Freight Plans and State Freight Advisory Committees

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DEPARTMENT OF TRANSPORTATION …

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
Interim Guidance on State Freight Plans and State Freight Advisory Committees
Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices
Statement on TBD Colorado Recommendations on Transportation

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  • 1. 62596 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices surveys to ensure that Passport Services Further reforms would advance and long-range plans for freight-related reaches the appropriate audience and longstanding U.S. national security transportation investments. Section leverages the best research method interests such as promoting national 1117 of MAP–21 directs the Secretary to obtain valid responses. The survey data reconciliation and democracy in Burma; encourage each State to establish a State will cover an estimated 48,000 improving respect for human rights; Freight Advisory Committee. The respondents annually and will include curtailing the flow from Burma of Department of Transportation is issuing topics covering passport demand, travel, refugees, illicit narcotics, infectious this Notice to provide Interim Guidance and socio-demographic variables of diseases, and victims of trafficking; and on both State Freight Plans and State interest to the United States Department advancing nonproliferation goals. While Freight Advisory Committees. It of State. the Department of State remains encourages States to develop State Dated: September 27, 2012. concerned about the protection of Freight Plans and provides guidance to human rights, corruption, and the role States on the required elements of a Rachel M. Arndt, of the military in the Burmese economy, State Freight Plan and information on Managing Director (Acting), Passport Support funding and on the relationship of State Operations, Bureau of Consular Affairs, it believes that the participation of U.S. Department of State. businesses in the Burmese economy will Freight Plans to other provisions of set a model for responsible investment MAP–21. It encourages States to [FR Doc. 2012–25249 Filed 10–12–12; 8:45 am] and business operations as well as develop State Freight Advisory BILLING CODE 4710–06–P encourage further change, promote Committees as part of the process for economic development, and contribute developing a State Freight Plan. The to the welfare of the Burmese people. Department requests public comments DEPARTMENT OF STATE DATES: Effective Date: July 11, 2012. on all aspects of this Interim Guidance. [Public Notice 8062] DATES: All public comments must be FOR FURTHER INFORMATION CONTACT: John received by November 15, 2012. Allowing New Investment in Burma Marshall Klein, Senior Sanctions Officer, Economic & Business Affairs, ADDRESSES: You may send comments AGENCY: Bureau of Economic & Business Office of Sanctions Policy and identified by Docket Number DOT– Affairs, Office of Sanctions Policy and Implementation, 202–647–9452. OST–2012–0168 using any of the Implementation, Department of State. following methods: Dated: September 27, 2012. Government-wide rulemaking Web SUMMARY: The Deputy Secretary of State Jose W. Fernandez, site: http://www.regulations.gov and has determined that it would be contrary to the national security Assistant Secretary for Economic and follow the instructions for sending your Business Affairs, Department of State. comments electronically. interests of the United States to continue to apply the sanction referred [FR Doc. 2012–25252 Filed 10–12–12; 8:45 am] Mail: Docket Management Facility, to in section 570(b) of the Foreign BILLING CODE 4710–07–P U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, Operations, Export Financing, and DC 20590–0001. Fax 1–202–493–2251. Related Programs Appropriations Act of DEPARTMENT OF TRANSPORTATION Courier: commercial delivery service, 1997 (Pub. L. 104–208) (the ‘‘Act’’), such as, but not limited to the which authorizes and directs the following—Federal Express or United President to prohibit U.S. persons from Office of the Secretary of Transportation Parcel Service, addressed to Docket making new investment in Burma, if the Management Facility, U.S. Department President makes certain determinations Interim Guidance on State Freight of Transportation, 1200 New Jersey and certifications to Congress. The Plans and State Freight Advisory Avenue SE., Washington, DC 20590. President made the required Committees Hand Delivery: Docket Management determinations and certifications and Facility, U.S. Department of imposed a prohibition on new AGENCY: Office of the Secretary of Transportation, 1200 New Jersey investment in Executive Order 13047 Transportation (OST), U.S. Department Avenue SE., Washington, DC between 9 (May 20, 1997). He subsequently of Transportation (DOT), Federal a.m. and 5 p.m. Monday through Friday, delegated the waiver authority under Aviation Administration (FAA), Federal except Federal holidays. Section 570(e) of the Act to the Highway Administration (FHWA), The Department will post all Secretary of State on July 11, 2012, and Federal Motor Carriers Administration comments received, without change, to the determination described above (FMCSA) Federal Railroad http://www.regulations.gov, including constitutes the exercise of such waiver Administration (FRA), Maritime any personal information. If you mail or authority. In conjunction with this Administration (MARAD), Pipeline and hand deliver your comments and want waiver determination, the Department Hazardous Materials Safety the Department to acknowledge receipt of the Treasury’s Office of Foreign Administration (PHSMA), Research and of your comments, include with your Assets Control issued a General License Innovative Technology Administration comments a pre-addressed, stamped (No. 17) on July 11, 2012 authorizing (RITA), St. Lawrence Seaway postcard on which the docket number new investment in Burma by U.S. Development Corporation (SLSDC). appears. We will stamp the date on the persons subject to limitations and ACTION: Notice of Interim Guidance and postcard and mail it to you. requirements set forth therein. Request for Comments. Docket: To read background These steps are in response to the documents or comments received, go to recent reforms that have taken place in SUMMARY: On July 6, 2012, the President http://www.regulations.gov or to Docket Burma over the past year. Continued signed into law Public Law 112–141, the Management Facility, U.S. Department application of the ban on investment Moving Ahead for Progress in the 21st of Transportation, 1200 New Jersey would be contrary to U.S. national Century Act (MAP–21). Section 1118 of Avenue SE., Washington, DC, between 9erowe on DSK2VPTVN1PROD with security interests because it would MAP–21 directs the Secretary of a.m. and 5 p.m. Monday through Friday, hinder current U.S. policy to support Transportation to encourage each State except Federal holidays. those in the Burmese government to develop a comprehensive State Privacy Act: Anyone is able to search leading important reform efforts. Freight Plan that outlines immediate the electronic form of all comments VerDate Mar<15>2010 15:21 Oct 12, 2012 Jkt 229001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:FRFM15OCN1.SGM 15OCN1
  • 2. Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices 62597 received in any of our dockets by the measures established under MAP–21) statewide strategic long-range name of the individual submitting the and transportation plan. If the two plans are comment (or signing the comment if • Is identified in a State Freight Plan combined, the statewide strategic long- submitted on behalf of an association, a developed pursuant to section 1118. range transportation plan should business, a labor union, etc.). You may The Federal Highway Administration include a separate section focused on review the Department’s complete will be issuing separate guidance on the freight transportation, and must include Privacy Act statement in the Federal implementation of Section 1116. One the elements specified in section 1118. Register published on April 11, 2000 purpose of this guidance is to inform Other State transportation plans, such as (65 FR 19477–78), or you may visit States of the freight planning process State Rail Plans, are required by statute http://www.dot.gov/privacy.html. they must undertake to qualify for the to be coordinated with section 135 of This Interim Guidance will also be freight prioritization provisions of title 23, and as a consequence the freight posted on the Department’s MAP–21 Section 1116. component of those plans should be Web site (www.dot.gov/map21). II. Policy incorporated into the State Freight Plan to ensure a comprehensive and system- FOR FURTHER INFORMATION CONTACT: Mr. The U.S. Department of wide planning approach. Jack Wells, Chief Economist, 1200 New Transportation strongly encourages all Jersey Avenue SE., Washington, DC The Department also strongly States to develop State Freight Plans. 20590. Telephone Number (202) 366– encourages all States to establish State The Department believes that freight 9224 or Email jack.wells@dot.gov. transportation, because its effects are Freight Advisory Committees. Such often regional or national in scope, and Advisory Committees are an important SUPPLEMENTARY INFORMATION: part of the process needed to develop a includes freight providers that own and Table of Contents operate private infrastructure, has often thorough State Freight Plan. Bringing been more difficult for States to together the perspectives and I. Background and Program Purpose knowledge of public and private II. Policy incorporate into their planning process III. Funding than has passenger transportation, and partners, including shippers, carriers, IV. Contents of State Freight Plans that accordingly infrastructure and infrastructure owners and V. The State Freight Planning Process investments and other State policy operators, is important to developing a VI. Data and Analytical Resources for State initiatives related to freight quality State Freight Plan. Freight Planning transportation have often received less The Department will be developing a VII. Request for Comments multimodal National Freight Strategic funding and attention than passenger- I. Background and Program Purpose related initiatives. Because freight Plan in accordance with the transportation is critical to the economic requirements of Section 1115 of MAP– The purpose of this document is to vitality of the United States, renewed 21, and intends to rely significantly on provide guidance on the attention to safe and efficient freight the freight plans prepared by the States. implementation of Section 1118 (State transportation can have a positive effect Freight Plans) and Section 1117 (State III. Funding on the economic growth of the United Freight Advisory Committees) of the States. Authorization level under MAP–21: Moving Ahead for Progress in the 21st State Freight Plans can identify freight There is no formula or discretionary Century Act (MAP–21). Section 1118 transportation facilities that are critical funding specifically associated with directs the Secretary of Transportation to each State’s economic growth and State Freight Plans or State Freight to encourage States to develop freight give appropriate priority to investments Advisory Committees. plans that are comprehensive and that in such facilities. In doing so, such States may use funding allocated include both immediate and long-term Plans can enhance economic growth at under the Surface Transportation freight planning activities and both the State and National level, thus Program (23 U.S.C. 133) for developing investments. Section 1117 directs the enhancing the Nation’s economic State Freight Plans, as well as funding Secretary to encourage each State to competitiveness. State Freight Plans can under the State Planning and Research establish a State Freight Advisory also help to guide investments and other Program (23 U.S.C. 505). They may also Committee consisting of a representative policies that will help to achieve the use carryover balances from National cross-section of public and private Department’s other strategic goals, Highway System funds authorized freight stakeholders. Section 1118 including safety, state of good repair, under SAFETEA–LU (23 U.S.C. specifies certain minimum contents for livability, and environmental 103(b)(6)(E) as in effect on the day State Freight Plans, and states that such sustainability. State Freight Plans can before enactment of MAP–21) that can a plan may be developed separate from also identify freight transportation be used for transportation planning in or be incorporated into the statewide facilities that are critical to export accordance with 23 U.S.C. 134 and 135 strategic long-range transportation plan movements and, by directing resources (23 U.S.C. 103 was amended by MAP– required by section 135 of title 23, toward improving those facilities, assist 21 section 1104, which eliminated the United States Code. the United States in meeting the goals National Highway System Program Section 1116 of MAP–21 of the President’s National Export under section 103, and hence (Prioritization of Projects to Improve Initiative. eliminated the funding for planning Freight Movement) authorizes the The State Freight Plan may be under section 103 as amended). Secretary to increase the Federal share developed separate from or incorporated payable for any project to 95 percent for IV. Contents of State Freight Plans into the statewide strategic long-range projects on the Interstate System and 90 transportation plan required by section Section 1118 of MAP–21 requires that percent for any other project if the 135 of title 23, United States Code. If the a State Freight Plan developed pursuant Secretary certifies that the project: State Freight Plan is separate from the to Section 1118 include, at a minimum,erowe on DSK2VPTVN1PROD with • Demonstrates the improvement statewide strategic long-range the following elements: made by the project to the efficient transportation plan, each plan should • An identification of significant movement of freight (including making show how the findings of the State freight system trends, needs, and issues progress on freight performance Freight Plan are incorporated into the with respect to the State; VerDate Mar<15>2010 15:21 Oct 12, 2012 Jkt 229001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:FRFM15OCN1.SGM 15OCN1
  • 3. 62598 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices • A description of the freight policies, • Reducing congestion on the freight DOT, port authorities, toll roads, and strategies, and performance measures transportation system; bridge and tunnel authorities; that will guide the freight-related • Improving the safety, security, and • Explain the governance structures transportation investment decisions of resilience of the freight transportation and funding mechanisms for such the State; system; authorities (e.g., whether the authorities • A description of how the plan will • Improving the state of good repair are controlled by the governor or are improve the ability of the State to meet of the freight transportation system; independent, and whether the authority the national freight goals established • Using advanced technology, has a dedicated source of revenue); under section 167 of title 23, United performance management, innovation, • Identify private transportation States Code; competition, and accountability in infrastructure owners, such as railroads, • Evidence of consideration of operating and maintaining the freight terminals, pipelines, and freight transfer innovative technologies and operational transportation system; facilities; strategies, including intelligent • Reducing adverse environmental • Identify statutory and constitutional transportation systems, that improve the and community impacts of the freight constraints on freight-related safety and efficiency of freight transportation system. investments and policies, such as movement; The Department recommends that each prohibitions on spending State funds for • In the case of routes on which travel State Freight Plan also include a certain kinds of freight infrastructure; by heavy vehicles (including mining, discussion of the State’s strategic goals • Discuss regional freight planning agricultural, energy cargo or equipment, for freight transportation. These goals activities in which the State and timber vehicles) is projected to would include the goals of the National participates, such as planning for key substantially deteriorate the condition Freight Policy summarized above, but multi-state freight corridors, multi-state of roadways, a description of States may also add other strategic metropolitan areas, or for other regional improvements that may be required to goals. The Department recommends that groups of States; and State Freight Plans indicate which goals • Set out the State’s priorities in reduce or impede the deterioration; and are most important to the State. freight transportation infrastructure • An inventory of facilities with development. freight mobility issues, such as truck 2. The Economic Context of Freight bottlenecks, within the State, and a Transportation Planning 4. State Freight Transportation Assets description of the strategies the State is As specified in section 1118, a State The Department recommends that employing to address those freight Freight Plan must include an inventory each State Freight Plan include a mobility issues. of facilities with freight mobility issues. discussion of the role that freight In addition to these minimum elements transportation plays in the State’s The Department recommends that this required by section 1118, the overall economy. This section would inventory also include a complete Department has provided additional identify what industries are most inventory of the State’s freight recommended elements based on what important to the State, and what supply transportation assets. This would States have found useful to include in chains (including the transportation include a description of the State’s freight plans that have already been modes that support them) are critical to transportation infrastructure in all prepared, as well as on consistency with the State’s industries. In particular, it freight-carrying modes, the warehousing the requirements for the National would indicate what supply chains and intermodal facilities located in the Freight Strategic Plan, found in 23 U.S.C involving the State are important to State, and the freight gateways and 167(f). exports, whether the exports of that corridors that are located in or that pass State Freight Plans may be organized State or of other States. through the State. MAP–21 places in any structure that works best for particular emphasis on transportation individual States, as long as they cover 3. Freight Policies, Strategies, and infrastructure that is used to serve areas the required elements; however, in Institutions of the State that are significant for order to aid States in addressing the As specified in section 1118, a State energy development, mining, required criteria, and to facilitate the Freight Plan must include a discussion agriculture, and timber production, and incorporation of analysis from the State of the State’s freight policies and the Department recommends that the Freight Plans into the National Freight strategies that will guide the freight- State Freight Plan inventory note Strategic Plan, as well as to aid in related transportation investment particularly routes that are used to move conceptualizing the detailed issues decisions of the State. The Department equipment for these productive surrounding robust freight planning, recommends that this section also activities into those areas and for DOT is suggesting the following discuss how these freight policies and moving the output of those productive structure as a recommended model for strategies will guide not just freight- activities out of those areas. states to follow. related transportation investment 5. The Conditions and Performance of 1. Strategic Goals decisions of the State, but also the the State’s Freight Transportation broader freight improvement strategy of As specified in section 1118, a State System the State, including operational Freight Plan must include a description strategies and policy changes. The As specified in section 1118, a State of how the plan will improve the ability Department recommends that this Freight Plan must include the of the State to meet the national freight discussion also: performance measures that will guide goals established under 23 U.S.C. 167. • Include the State’s grant and loan the freight-related transportation The following is a summary of the goals programs that are available to pay for investment decisions of the State. The of the National Freight Policy freight-related transportation Department recommends that this established in 23 U.S.C. 167: infrastructure; discussion also include an analysis oferowe on DSK2VPTVN1PROD with • Improving the contribution of the • Identify the State’s freight-related the conditions and performance of the freight transportation system to institutions, including transportation- State’s freight transportation system. economic efficiency, productivity, and related infrastructure owners and This analysis would include the competitiveness; regulatory authorities, such as the State identification of bottlenecks in the VerDate Mar<15>2010 15:21 Oct 12, 2012 Jkt 229001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:FRFM15OCN1.SGM 15OCN1
  • 4. Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices 62599 freight transportation system that cause intrastate between origin and improvements that they are considering. delays and unreliability in freight destination points within the State. The If economic analysis has been movements, as well as other specific freight forecast could draw upon the conducted, the results of that analysis locations that are in a poor state of good forecast prepared by the Federal should be reported in this portion of the repair, create safety hazards, or create Highway Administration’s (FHWA) State Freight Plan. The discussion other performance problems. The Office of Freight Management and would show how the State compared National Freight Strategic Plan also is Operations and on the Federal Aviation alternative approaches to achieving the required to include an analysis of the Administration’s national and airport- same goal. As specified in section 1118, conditions and performance of the level forecasts of air cargo. The FHWA the discussion must also show evidence national freight system, and when those forecast includes projected tonnage for of consideration of operational strategies measures of freight conditions and each mode—truck, rail, air (air and (such as congestion pricing) or performance are established, the truck), water, and pipeline. innovative technologies (such as use of Department recommends that State intelligent transportation systems (ITS)) 7. Overview of Trends, Needs, and Freight Plans include those measures. that improve the safety and efficiency of Issues Until those measures are established, freight movement. If an economic however, the Department recommends As specified in section 1118, a State analysis is provided, it would be that States use the measures of Freight Plan must identify significant particularly useful to estimate benefits condition and performance that they freight system trends, needs, and issues and costs of each alternative considered. consider to be most reasonable and with respect to the State. The appropriate. In general, the Department Department recommends that this 10. The State’s Freight Improvement recommends that measures of discussion also include how emerging Strategy conditions and performance reflect the trends make those needs and issues of As specified in section 1118, a State State’s freight transportation goals—for greater significance, or how these trends Freight Plan must include a description each goal, there would be at least one affect how those needs and issues can of the strategies the State is employing measure of condition or performance be addressed. to address freight mobility issues. The that indicates how well the freight 8. Strengths and Problems of the State’s Department recommends that this transportation system is doing in Freight Transportation System description also include a presentation achieving that goal. of the State’s complete freight The Department recommends that The Department recommends that a improvement strategy, with different States use measures of conditions of State Freight Plan include an analysis of improvements ranked in order of transportation infrastructure that reflect the strengths of the State’s freight priority (or grouped into higher and the quality of service that this system that it wishes to preserve and the lower priority groups). This infrastructure provides to users of that problems that it wishes to solve. This presentation of the State’s freight infrastructure and to the general public. analysis would show what the strengths improvement strategy would include an Similarly, measures of the performance of the State’s freight system are that the analysis of how each improvement will of the freight transportation system State wishes to build upon; it would advance the State’s strategic goals, would reflect the quality of freight also show in what respects the State’s relating to: service provided to freight shippers and freight system does not meet the State’s • Capital investments; the impact of the freight transportation goals, and indicate which problems are • Operational improvements, such as system on the general public. Measures most important for the State to address. congestion pricing and travel demand of conditions and performance would Some of these might include problems management; reflect outcomes that are directly that the State expects to develop in the • Policy changes, including important to the system’s users and to future as a result of increasing demand performance management, competition, the general public (for example, for freight transportation or other trends and accountability initiatives; and reductions in crashes, fatalities, and that the State is anticipating. • Expanded use of ITS and other injuries; reduced delay and congestion; innovative technologies. 9. The State’s Decision-Making Process and reduced vehicle operating costs); The Department recommends that States The Department recommends that a The strategy would also include: try to avoid using measures that are not State Freight Plan include a discussion • An analysis of how proposed of direct importance to users and the of the State’s decision-making process improvements will affect specific general public (for example, miles of on freight transportation improvements, supply chains and industries that have track or number of bridges inspected including how the State conducted been identified as important to the State each year). outreach to stakeholders and the public in Section 2; and how the State prioritized the • Because MAP–21 places particular 6. Freight Forecast various strategies, projects, and policy emphasis on infrastructure that is used Consistent with one of the required changes it considered. This discussion for transporting mining, agricultural, elements of the National Freight would show how the State coordinated energy, and timber equipment and Strategic Plan, which must be improvements to different modes of products, a discussion of how those developed in consultation with the transportation in order to achieve its freight transportation routes would be States, the Department recommends that goals in the most cost-effective way. It affected (and in particular how the State Freight Plans include a 20-year would also discuss ways in which the strategy would impede the deterioration forecast of freight transportation State coordinated with other States in in the condition of infrastructure on demands, broken down by mode of regional freight planning efforts, and those routes); transportation and commodity with metropolitan areas within the State • An analysis of the improvements in classification, and showing demands for that have done freight planning. outcomes that are expected to resulterowe on DSK2VPTVN1PROD with transportation of freight coming into the The Department encourages States to from the proposed freight State, outbound from the State, passing conduct economic analysis as part of the improvements; through the State between outside origin State Freight Plan, including analyses of • A discussion of how the freight and destination points, and moving benefits and costs of various plan relates to other transportation VerDate Mar<15>2010 15:21 Oct 12, 2012 Jkt 229001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:FRFM15OCN1.SGM 15OCN1
  • 5. 62600 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices plans, such as a state rail plan, a long- • The transportation department of Maritime Statistics range statewide transportation plan, or a the State; USA Trade Online (The Official Source for metropolitan area freight plan; and • Metropolitan planning U.S. Merchandise Trade Data), U.S. Census A discussion of how the State’s Freight organizations, councils of government, Bureau: https://www.usatradeonline.gov/ Improvement Strategy coordinates with regional councils, and other regional Navigation Data Center, Waterborne plans of other adjacent States, including and planning organizations; Commerce Statistics Center, U.S. Army groups of States that work together to • Local and tribal governments; Corps of Engineers: http:// plan for freight transportation along key • Independent transportation www.ndc.iwr.usace.army.mil/wcsc/ authorities, such as seaport and airport wcsc.htm multi-state freight corridors, in multi- Navigation Data Center, Vessel Entrances and state metropolitan areas, or through authorities, toll highway authorities, and bridge and tunnel authorities; Clearances, U.S. Army Corps of Engineers: other regional groupings. http://www.ndc.iwr.usace.army.mil/data/ • Private infrastructure owners, such 11. Implementation Plan dataclen.htm as railroads and pipelines; Maritime Statistics, U.S. Maritime Finally, the Department recommends • Carriers, including carriers Administration: http://www.marad.dot. that a State Freight Plan include a operating on their own infrastructure gov/library_landing_page/data_and_ comprehensive implementation plan, and carriers operating on publicly- statistics/Data_and_Statistics.htm showing both short-term and long-term owned infrastructure; Marview Statistics, U.S. Maritime strategies, and including an • Shippers and freight forwarders; Administration: www.marview.gov/ approximate time schedule for each • Freight-related associations; Rail Freight Resources and Statistics proposed freight improvement. This • Organizations representing the freight industry workforce; The Preliminary National Rail Plan: http:// implementation plan would include an www.fra.dot.gov/Downloads/RailPlan • Environmental, safety, and analysis of which capital improvements Prelim10-15.pdf community organizations; and have the potential to generate a revenue The National Rail Plan Progress Report: • Independent transportation experts, http://www.fra.dot.gov/downloads/ stream, and hence which projects have including academic specialists and NRP_Sept2010_WEB.pdf the potential to be funded with loans consultants. The Proposed State Rail Plan Guidance: (repaid from the revenue stream) rather State Freight Advisory Committees http://www.fra.dot.gov/rpd/passenger/ than solely through grants or general should be charged with fp_Proposed_State_Rail_Plan_ funds. The Plan would include a • Advising the State on freight-related Guidance.shtml funding plan, showing how each project priorities, issues, projects, and funding Comparative Evaluation of Rail and Truck will be funded, including those funded needs; Fuel Efficiency on Competitive Corridors: by grants, loans, and public-private • Serving as a forum for discussion of http://www.fra.dot.gov/Downloads/ partnerships. The Plan would discuss State decisions affecting freight Comparative_Evaluation_Rail_Truck_ the State’s proposed partnerships with transportation; Fuel_Efficiency.pdf private infrastructure owners, such as • Communicating and coordinating Discussion of the confidential Carload railroads, terminal operators, and Waybill Sample and State access: http:// regional priorities with other www.stb.dot.gov/stb/industry/ pipeline companies. Finally, the Plan organizations; econ_waybill.html would discuss how the State proposes • Promoting the sharing of National Transportation Atlas Database to work with adjacent States on projects information between the private and includes FRA rail network: http:// that cross State lines, or on freight public sectors on freight issues; and www.bts.gov/publications/ corridors that cross State lines (even if • Participating in the development of national_transportation_atlas_database/ the project itself is all in one State). the State’s Freight Plan. Online highway rail grade crossing investment analysis tool: http:// V. The State Freight Planning Process VI. Data and Analytical Resources for gradedec.fra.dot.gov/ The Department recommends that State Freight Planning Interactive mapping application that allows States use a collaborative process for The modal administrations of the U.S. users to view aspects of railroad freight planning that involves all of the Department of Transportation and other infrastructure: http://fragis.frasafety.net/ relevant stakeholders affected by the GISFRASafety/default.aspx departments in the U.S. Government freight transportation system. These can provide a wide range of data and Air Freight Statistics stakeholders would include owners of analysis to assist States in the freight FAA Air Cargo forecasts: http://www.faa.gov/ freight transportation infrastructure planning process. The following is a about/office_org/headquarters_offices/apl/ (both public and private); carriers series of links to internet Web sites that aviation_forecasts/aerospace_forecasts/ operating on publicly-owned freight provide useful data and analysis 2012–2032/ infrastructure; shippers and freight resources: Click on ‘‘Forecast Tables, US Commercial forwarders; representatives of and Foreign Flag Carriers, Tables 5–23.’’ General Data and Analysis Sources on Cargo forecasts are Tables 19 and 20. employees of these stakeholders; State, Freight local, and tribal governments; and the VII. Request for Comments Commodity Flow Survey: http://www.bts general public. Stakeholders might be .gov/publications/commodity_flow_survey/ domiciled both inside the State and Data Sources Related to Freight DOT invites interested parties to outside of the State. Transportation: http://www.ops. submit comments on any aspect of the States are strongly encouraged to fhwa.dot.gov/freight/freight_analysis/ Department’s implementation of MAP– establish State Freight Advisory data_sources/index.htm 21 requirements for State Freight Plans Committees to facilitate this Freight Analysis Framework: http:// or State Freight Advisory Committees. collaborative process. As specified in www.ops.fhwa.dot.gov/freight/ The Department will consider these section 1117 of MAP–21, State Freight freight_analysis/faf/index.htm comments as it continues to implement Freight Performance Measures: http:// Advisory Committees should include the freight provisions of the law. Theerowe on DSK2VPTVN1PROD with www.ops.fhwa.dot.gov/freight/freight_ representatives of a cross-section of analysis/travel_time.htm instructions for submitting comments public and private sector experts and Quick Response Freight Manual: http:// can be found in the Addresses section stakeholders. These might include www.ops.fhwa.dot.gov/freight/ above. Late-filed comments will be representatives of: publications/qrfm2/index.htm considered to the extent practicable. VerDate Mar<15>2010 15:21 Oct 12, 2012 Jkt 229001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:FRFM15OCN1.SGM 15OCN1
  • 6. Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Notices 62601 Issued in Washington, DC, on October 5, SUMMARY: On September 4, 2012, United and the empty containers (casks) and 2012. States Department of Energy and the buffer and escort cars used for their Ray LaHood, United States Department of Defense movement (radioactive materials). In Secretary. (the Government) and BNSF Railway 1986, the Board’s predecessor, the [FR Doc. 2012–25261 Filed 10–12–12; 8:45 am] Company (BNSF) (collectively Interstate Commerce Commission (ICC), BILLING CODE P Movants), filed a motion requesting found that the Railroad Defendants were approval of an agreement that would engaging in an unreasonable practice, settle these rate reasonableness disputes imposing substantial and unwarranted DEPARTMENT OF TRANSPORTATION as between them only. The Board is cost additives—above and beyond the adopting a procedural schedule for regular train service rates—in an effort Federal Motor Carrier Safety filing comments and replies addressing to avoid transporting these radioactive Administration their proposed settlement agreement. materials. The ICC canceled the existing (As detailed below, these proceedings rates and cost additives, prescribed new Sunshine Act Meetings; Unified Carrier involve disputes among a number of rates, and awarded reparations. See Registration Plan Board of Directors different entities, including other Commonwealth Edison Co. v. Aberdeen AGENCY: Federal Motor Carrier Safety railroad carriers besides BNSF. This & Rockfish R.R., 2 I.C.C.2d 642 (1986). Administration (FMCSA), DOT. settlement applies only to the parties The United States Court of Appeals for submitting the instant agreement and the D.C. Circuit set aside and remanded ACTION: Notice of Unified Carrier does not resolve these proceedings in the decision. See Union Pacific R.R. v. Registration Plan Board of Directors their entirety.) Meeting. ICC, 867 F.2d 646 (D.C. Cir. 1989). On DATES: Comments are due by November remand, the ICC ruled that the TIME AND DATE: The meeting will be held 29, 2012. Reply comments are due by movement of these radioactive materials on October 25, 2012, from 12:00 noon to December 31, 2012. for reprocessing was subject to the rate 3:00 p.m., Eastern Standard Time. ADDRESSES: Comments and replies may cap on recyclables set out in former 49 be submitted either via the Board’s e- U.S.C. 10731(e) and directed the parties PLACE: This meeting will be open to the filing format or in the traditional paper to file revenue-to-variable cost (R/VC) public via conference call. Any format. Any person using e-filing should evidence to resolve the remaining interested person may call 1–877–820– attach a document and otherwise reparations and rate prescription issues. 7831, passcode, 908048 to listen and comply with the instructions at the E- See United States Department of Energy participate in this meeting. FILING link on the Board’s Web site, at v. Baltimore & Ohio R.R., 10 I.C.C.2d STATUS: Open to the public. http://www.stb.dot.gov. Any person 112 (1994). While judicial review was MATTERS TO BE CONSIDERED: The Unified submitting a filing in the traditional pending, Congress enacted the ICC Carrier Registration Plan Board of paper format should send an original Termination Act of 1995, Public Law Directors (the Board) will continue its and 10 copies to: Surface Transportation 104–88, 109 Stat. 803, which repealed work in developing and implementing Board, Attn: Docket No. NOR 38302S, et § 10731 in its entirety and directed that the Unified Carrier Registration Plan al., 395 E Street SW., Washington, DC all proceedings pending under the and Agreement and to that end, may 20423–0001. Copies of written repealed section be terminated. consider matters properly before the comments and replies will be available The Railroad Defendants petitioned Board. for viewing and self-copying at the the Board to dismiss the complaints in FOR FURTHER INFORMATION CONTACT: Mr. Board’s Public Docket Room, Room 131, 1996, and, in 1997, they invited the Avelino Gutierrez, Chair, Unified and will be posted to the Board’s Web Government to explore the possibility of Carrier Registration Board of Directors at site. In addition, send one copy of settling the complaints. Discussions (505) 827–4565. comments to each of the following: (1) commenced on a nationwide settlement Stephen C. Skubel, Room 6H087, U.S. covering all of the Railroad Defendants Issued on: September 21, 2012. Department of Energy, 1000 that might carry radioactive materials. Larry W. Minor, Independence Ave. SW., Washington, The Government subsequently chose to Associate Administrator, Office of Policy, DC 20585; (2) Terrance A. Spann, U.S. negotiate only with Union Pacific Federal Motor Carrier Safety Administration. Department of Defense, 9275 Gunston Railroad Company (UP), the destination [FR Doc. 2012–25350 Filed 10–11–12; 11:15 am] Road, Suite 1300, Fort Belvoir, VA carrier for most of the movements of BILLING CODE 4910–EX–P 22060; and (3) Jill K. Mulligan, BNSF radioactive materials that were to be Railway Company, 2500 Lou Menk covered by the nationwide settlement, Drive, AOB–3, Fort Worth, TX 76131. after the parties concluded that there DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: were potential antitrust problems in Marc Lerner, (202) 245–0390. negotiating with the Railroad Surface Transportation Board [Assistance for the hearing impaired is Defendants as a group. On September [Docket Nos. NOR 38302S and NOR 38376S] available through the Federal 15, 2004, the Government and UP filed Information Relay Service (FIRS) at: 1– a motion seeking approval under 49 United States Department of Energy 800–877–8339.] U.S.C. 10704 of a settlement agreement and United States Department of SUPPLEMENTARY INFORMATION: In March (the UP Agreement) they had negotiated Defense v. Baltimore & Ohio Railroad 1981, the Government filed these to resolve these complaints as between Company, et al. and Aberdeen & complaints against 21 major railroads them only. The Board, in a decision Rockfish Railroad Company, et al. (the Railroad Defendants) under section served in these proceedings on August AGENCY: Surface Transportation Board, 229 of the Staggers Rail Act of 1980, 2, 2005: (1) Approved the UP Public Law 96–448, 94 Stat. 1895. The Agreement; (2) dismissed UP as a partyerowe on DSK2VPTVN1PROD with DOT. Government sought reparations and a to these proceedings; (3) relieved UP of ACTION:Notice of Proposed Settlement rate prescription relating to the any obligation to participate in these or Agreement, Issuance of Procedural nationwide movement of spent nuclear related proceedings involving claims Schedule. fuel, other high level radioactive wastes, against connecting railroad defendants VerDate Mar<15>2010 20:13 Oct 12, 2012 Jkt 229001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:FRFM15OCN1.SGM 15OCN1

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