Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices 65769 

2See C&NC R.R.—Lease and Operation 

Exemption—Lines of the Norfolk and W. Ry. and 

Ind. Hi Rail, FD 33475 (STB served Oct. 31, 1997). 

3See C&NC R.R.—Lease Renewal Exemption— 

Norfolk Southern Ry., FD 35529 (STB served July 

1, 2011). 

C&NC has leased and operated the 

lines since 1997.2 The original lease 

agreement, dated December 18, 1997, by 

its terms, expired on December 31, 

2009, and C&NC and NSR agreed to 

continue operations under the terms of 

the 1997 agreement pending 

renegotiation of a new lease. On March 

11, 2011, the parties executed a new 

lease, which, by its terms, expires on 

March 11, 2021, and contains a lease 

provision enabling C&NC to reduce its 

lease payments by receiving a credit for 

each car interchanged with NSR. On 

June 17, 2011, C&NC filed a verified 

notice of exemption to renew its lease 

arrangement, which request was granted 

by decision served July 1, 2011.3

As required at 49 CFR 1150.43(h), 

C&NC has disclosed in this notice that 

the parties have recently amended their 

lease agreement to add a second 

interchange commitment as well as 

provisions reducing C&NC’s lease 

payments. According to C&NC, it has 

encountered traffic reductions that have 

decreased the expected opportunity to 

reduce the rental obligations through 

the operation of the lease credits. In 

return for reduced rental payments, 

C&NC has agreed to a further 

interchange commitment. 

C&NC has certified that its projected 

annual revenues as a result of the 

proposed transaction will not exceed 

those that would make it a Class III rail 

carrier and further certifies that its 

projected annual revenues would not 

exceed $5 million. 

C&NC states that it intends to 

consummate the transaction on or after 

November 19, 2014, the effective date of 

the exemption (30 days after the 

exemption was filed). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than November 12, 

2014 (at least 7 days before the 

exemption becomes effective). 

An original and ten copies of all 

pleadings, referring to Docket No. FD 

35858, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on Richard R. Wilson, Esq., 

518 N. Center Street, Ste. 1, Ebensburg, 

PA 15931. 

Board decisions and notices are 

available on our Web site at 

WWW.STB.DOT.GOV. 

Decided: October 31, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2014–26282 Filed 11–4–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. EP 526 (Sub-No. 6)] 

Notice of Railroad-Shipper 

Transportation Advisory Council 

Vacancy 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of vacancies on the 

Railroad-Shipper Transportation 

Advisory Council (RSTAC) and 

solicitation of nominations. 

SUMMARY: The Surface Transportation 

Board (Board) hereby gives notice of two 

vacancies for small railroad 

representatives on RSTAC. The Board is 

soliciting suggestions from the public 

for candidates to fill these two 

vacancies. 

DATES: Suggestions of candidates for 

membership on RSTAC are due on 

December 3, 2014. 

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 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 to: Surface Transportation 

Board, Attn: Docket No. EP 526 (SubNo. 6), 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 Web site under Docket 

No. EP 526 (Sub-No. 6). 

FOR FURTHER INFORMATION CONTACT: 

Gabriel Meyer at 202–245–0150. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

exercises broad authority over 

transportation by rail carriers, including 

regulation of railroad rates and service 

(49 U.S.C. 10701–10747, 11101–11124), 

as well as the construction, acquisition, 

operation, and abandonment of rail 

lines (49 U.S.C. 10901–10907), and 

railroad line sales, consolidations, 

mergers, and common control 

arrangements (49 U.S.C. 10902, 11323– 

11327). 

RSTAC was established 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 that 

RSTAC considers significant. RSTAC 

focuses on issues of importance to small 

shippers and small railroads, including 

car supply, rates, competition, and 

procedures for addressing claims. 

ICCTA directs RSTAC to develop 

private-sector mechanisms to prevent, 

or identify and address, obstacles to the 

most effective and efficient 

transportation system practicable. The 

Secretary of Transportation and the 

members of the Board cooperate with 

RSTAC in providing research, technical, 

and other reasonable support. RSTAC 

also prepares an annual report 

concerning its activities and 

recommendations on regulatory or 

legislative relief it considers 

appropriate. RSTAC is not subject to the 

Federal Advisory Committee Act. 

RSTAC 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 

members, nine members 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, with 

the first meeting each February. Most 

meetings are held at the Board’s 

headquarters in Washington, DC, 

although some have been held in other 

locations. 

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65770 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices 

RSTAC members receive no 

compensation for their services and are 

required to provide for expenses 

incidental to their service, including 

travel expenses, as the Board cannot 

provide for these expenses. The RSTAC 

Chairman, however, may request 

funding from the Department of 

Transportation to cover travel expenses, 

subject to certain restrictions in ICCTA. 

RSTAC also 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 Federal Advisory 

Committees, Boards, and Commissions, 

79 FR 47,482 (Aug. 13, 2014). Members 

of RSTAC are appointed to serve in a 

representative capacity. 

The members of RSTAC are appointed 

for a term of three years. 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. 

Two vacancies for small railroad 

representatives currently exist. 

Representatives must be senior 

executive officers within their 

organizations. Upon appointment by the 

Chairman, both representatives will 

serve for three years, and may be 

eligible to serve second three-year terms 

following the end of their first terms. 

Suggestions for candidates to fill the 

two 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 

a member of RSTAC effective 

immediately upon appointment. RSTAC 

candidate suggestions should be filed 

with the Board by December 3, 2014. 

Candidates selected to serve on RSTAC 

are chosen at the discretion of the 

Board’s Chairman. Please note that 

submissions will be available to the 

public at the Board’s offices and posted 

on the Board’s Web site under Docket 

No. EP 526 (Sub-No. 6). 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Authority: 49 U.S.C. 726. 

Decided: October 31, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2014–26288 Filed 11–4–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. EP 670 (Sub-No. 2)] 

Notice of Rail Energy Transportation 

Advisory Committee Vacancy 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of vacancy on federal 

advisory committee and solicitation of 

nominations. 

SUMMARY: The Surface Transportation 

Board (Board) hereby gives notice of two 

vacancies on its Rail Energy 

Transportation Advisory Committee 

(RETAC) for a representative of the 

downstream segment of the domestic 

petroleum industry (e.g., refiners, 

petrochemical producers, natural gas 

liquids (NGL) producers/distributors, 

logistics service providers, and other 

downstream participants) and for a 

representative of the electric utility 

industry. The Board is soliciting 

suggestions from the public for 

candidates to fill these two vacancies. 

DATES: Suggestions for candidates for 

membership on RETAC are due 

December 3, 2014. 

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 Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send the original 

and 10 copies to: Surface Transportation 

Board, Attn: Docket No. EP 670 (SubNo. 2), 395 E Street SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION, CONTACT: 

Michael H. Higgins at 202–245–0284. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: The Board 

exercises broad authority over 

transportation by rail carriers, including 

rates and services (49 U.S.C. 10701– 

10747, 11101–11124), construction, 

acquisition, operation, and 

abandonment of railroad lines (49 

U.S.C. 10901–10907), and 

consolidation, merger, or common 

control arrangements between railroads 

(49 U.S.C. 10902, 11323–11327). 

In 2007, the Board established RETAC 

as a federal advisory committee 

consisting of a balanced cross-section of 

energy and rail industry stakeholders to 

provide independent, candid policy 

advice to the Board and to foster open, 

effective communication among the 

affected interests on issues such as rail 

performance, capacity constraints, 

infrastructure planning and 

development, and effective coordination 

among suppliers, railroads, and users of 

energy resources. RETAC operates 

subject to the Federal Advisory 

Committee Act (5 U.S.C. App. 2, 1–16). 

RETAC’s membership is balanced and 

representative of interested and affected 

parties, consisting of not less than: five 

representatives from the Class I 

railroads; three representatives from 

Class II and III railroads; three 

representatives from coal producers; 

five representatives from electric 

utilities (including at least one rural 

electric cooperative and one state- or 

municipally-owned utility); four 

representatives from biofuel refiners, 

processors, or distributors, or biofuel 

feedstock growers or providers; one 

representative of the petroleum 

shipping industry; and two 

representatives from private car owners, 

car lessors, or car manufacturers. 

RETAC may also include up to two 

members with relevant experience but 

not necessarily affiliated with one of the 

aforementioned industries or sectors. 

Members are selected by the Chairman 

of the Board with the concurrence of a 

majority of the Board. The Chairman 

may invite representatives from the U.S. 

Departments of Agriculture, Energy, and 

Transportation and the Federal Energy 

Regulatory Commission to serve on 

RETAC in advisory capacities as ex 

officio (non-voting) members. The three 

members of the Board serve as ex officio 

members of the Committee. 

RETAC meets at least twice per year. 

Meetings are generally held at the 

Board’s headquarters in Washington, 

DC, but may be held in other locations. 

Members of RETAC serve without 

compensation and without 

reimbursement of travel expenses unless 

reimbursement of such expenses is 

authorized in advance by the Board’s 

Managing Director. According to revised 

guidance issued by the Office of 

Management and Budget, it is 

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