[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50268-50269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23511]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 27590 (Sub-No. 3)]


TTX Company, et al.--Application for Approval of Pooling of Car 
Service With Respect to Flatcars

AGENCY: Surface Transportation Board.

ACTION: Notice of request for comments.

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SUMMARY: In its decision in this proceeding served on August 31, 2004 
(August 2004 decision), the Surface Transportation Board provided for 
the

[[Page 50269]]

monitoring of TTX Company (TTX) and the preparation of a monitoring 
report at the end of year 5 of the 10-year term authorized by the Board 
for TTX's pooling agreement. To facilitate preparation of the report 
and preparation of comments by interested parties, the Board is 
directing TTX and its members to provide certain operational 
information and then is seeking comments from interested parties on 
whether any of TTX's activities require any action or particular 
oversight by the Board at this time.

DATES: The information being sought from TTX and its members is due by 
November 16, 2009. Comments from interested parties are due by December 
31, 2009.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in traditional paper format. Any person using e-filing should 
attach a document and otherwise comply with the instructions at the E-
FILING link on the Board's Web site at http://www.stb.dot.gov. Any 
person submitting a filing in the traditional paper format should send 
an original and 10 copies referring to STB Finance Docket No. 27590 
(Sub-No. 3) to: Surface Transportation Board, 395 E Street, SW., 
Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: Larry C. Herzig, (202) 245-0282. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: TTX owns and manages for the benefit of its 
participating Class I and Class II railroads an extensive fleet of 
specialized flatcars that are used in rail transportation of 
containers, truck trailers, automobiles, lumber, extra-dimensional 
loads, and other commodities. TTX was authorized to own and to manage 
these cars pursuant to a pooling agreement established under 49 U.S.C. 
11322. Under 49 U.S.C. 11321, such authorization exempts TTX and the 
railroad participants in their pooling agreement from ``the antitrust 
laws and from all other law'' as necessary to allow the agreement to be 
carried out. In its August 2004 decision approving a 10-year extension 
of TTX's pooling authority,\1\ the Board authorized TTX's to extend its 
pooling agreement for an additional 10-year term and clarified the 
authorized scope of TTX's agreement. For further details, see the 
Board's August 2004 decision.
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    \1\ See TTX Company, et al.--Application for Approval of Pooling 
of Car Service with Respect to Flat Cars, STB Finance Docket No. 
27590 (Sub-No. 3) (STB served Aug. 31, 2004).
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    The Board's August 2004 decision also required what was then the 
agency's Office of Compliance and Enforcement, now the Office of Public 
Assistance, Governmental Affairs, and Compliance (OPAGAC), to monitor 
TTX's operations and to prepare a monitoring report at the end of year 
5 of the 10-year term that began on October 1, 2004. To carry out the 
monitoring process required in the August 2004 decision, we are first 
asking TTX and its members provide certain operational information 
described in the Board's full decision in this matter being served 
today. TTX's submission will be posted on the Board's web site.
    Thereafter, shippers or other interested parties may comment on 
TTX's submission and whether any of TTX's activities require any action 
or particular oversight by this agency at this time. Any commenter 
wishing to express a concern about any of TTX's activities should fully 
describe the activity, the concern, and the type of Board action that 
the commenter believes is appropriate. The information filed by TTX and 
its members and any public comments will be reviewed as part of the 
monitoring process, and the agency will determine whether any further 
action is appropriate.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The Board is commencing the monitoring report process discussed 
in its August 2004 Decision.
    2. TTX and its members must provide the requested information by 
November 16, 2009.
    3. Shippers and other interested parties may file comments with the 
Board on whether any of TTX's activities pursuant to the Board-approved 
pooling agreement require any action or particular oversight by the 
Board at this time. Comments are due by December 31, 2009.
    4. This notice will be published in the Federal Register.
    5. This notice and the accompanying decision will be served on all 
parties appearing on the service list in STB Finance Docket No. 27590 
(Sub-No. 3).
    6. This decision is effective on September 25, 2009.

    By the Board, Chairman Elliott, Vice Chairman Nottingham, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-23511 Filed 9-29-09; 8:45 am]
BILLING CODE 4915-01-P