Interim Guidance on State Freight Plans and State Freight Advisory Committees

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 9
erowe 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

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,

• 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;



• 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 of

• 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



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 result

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



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. The

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.



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 party

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


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