[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87647-87648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29132]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 724; Docket No. EP 724 (Sub-No. 3)]


United States Rail Service Issues; United States Rail Service 
Issues--Data Collection

    On April 1, 2014, and October 8, 2014, the Board issued two orders 
in response to service issues at the time across the U.S. rail network. 
The first order, in Docket No. EP 724, announced a public hearing in 
response to concerns about service problems that were occurring across 
significant portions of the nation's rail network. In response to the 
concerns raised at that hearing (as well as a second public hearing), 
the Board issued an order in Docket No. EP 724 (Sub-No. 3) requiring 
all Class I carriers and the Chicago Transportation Coordination Office 
(CTCO) (through its Class I members) to file weekly public performance 
data on an interim basis. For the reasons stated below, the proceedings 
in Docket No. EP 724 and Docket No. EP 724 (Sub-No. 3) will be 
discontinued. Concurrently with this decision, the Board is issuing a 
final rule in Docket No. EP 724 (Sub-No. 4) requiring all Class I 
railroads and the CTCO to file public performance data on a permanent 
basis.

Background

    Docket No. EP 724. On April 10, 2014, the Board held a public 
hearing at its offices in Washington, DC, to get more information on 
service problems occurring at the time across the U.S. rail network, 
hear rail industry plans to address those service problems, and discuss 
options to improve service. See U.S. Rail Serv. Issues, EP 724, slip 
op. at 1 (STB served Apr. 1, 2014). On September 4, 2014, the Board 
held a field hearing in Fargo, ND, to provide another forum for 
interested parties to report on service disruptions and provide updates 
on plans to resolve those issues, and to discuss additional options to 
improve service. U.S. Rail Serv. Issues, EP 724 et al., slip op. at 1 
(STB served Aug. 18, 2014). Following that hearing, the Board directed 
Canadian Pacific Railway Company (CP) to answer specific requests to 
supplement the information it had provided at the field hearing and in 
its annual peak season letter to the Chairman.\1\ U.S. Rail Serv. 
Issues, EP 724, slip op. at 1 (STB served Oct. 14, 2014). On October 
24, 2014, CP submitted its responses to the Board's questions. (CP 
Reply, Oct. 24, 2014, U.S. Rail Serv. Issues, EP 724.) Additionally, in 
response to a petition by the Western Coal Traffic League, the Board 
required BNSF Railway Company (BNSF) to submit ``its contingency plans 
for addressing any [critical shortfalls of coal], including a detailed 
description of the steps it takes to identify coal-fired plants at 
critical levels and to remedy acute shortages in a timely fashion.'' 
U.S. Rail Serv. Issues, EP 724, slip op. at 6 (STB served Dec. 30, 
2014). BNSF filed its reply on January 29, 2015.
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    \1\ The annual ``Fall Peak letter'' has since been discontinued 
due to, among other things, the weekly collection of service 
performance reports that the Board began collecting pursuant to the 
Interim Data Order. Press Release, Surface Transportation Board, STB 
Chairman Daniel R. Elliott III Discontinues Annual Letter to Rail 
Industry Seeking End-of-Year Outlook (Aug. 22, 2016), https://www.stb.gov/stb/news/news_releases.html (follow ``date of issuance 
within the current year'' or ``prior to the current year'' 
hyperlink, as appropriate to access 2016 press releases; then follow 
``8/22/2016'' hyperlink).
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    Docket No. EP 724 (Sub-No. 3). On October 8, 2014, the Board issued 
an order requiring regular reporting of standardized performance data 
by Class I railroads and the CTCO (through its Class I members). See 
U.S. Rail Serv. Issues--Data Collection (Interim Data Order), EP 724 
(Sub-No. 3), slip op. at 2-5 (STB served Oct. 8, 2014).\2\ Pursuant to 
the Interim Data Order, the Class I railroads and the Association of 
American Railroads (on behalf of its freight railroad member 
representatives in the CTCO) have been reporting data weekly since 
October 22, 2014.
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    \2\ In that decision, the Board also discontinued reporting 
ordered under U.S. Rail Service Issues--Grain, Docket No. EP 724 
(Sub-No. 2), with two exceptions related to CP's supplying of 
locomotives and grain cars moving between CP and the Rapid City, 
Pierre & Eastern Railroad, Inc. (RCP&E). Interim Data Order, slip 
op. at 2 n.7. On February 23, 2016, the Board discontinued all 
reporting by CP related to RCP&E. U.S. Rail Serv. Issues--Data 
Collection, EP 724 (Sub-No. 3) (STB served Feb. 23, 2016).
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    Docket No. EP 724 (Sub-No. 4). On December 30, 2014, the Board 
issued a notice of proposed rulemaking proposing to establish 
regulations requiring all Class I railroads and the CTCO to permanently 
report certain service performance metrics on a weekly, quarterly, and 
occasional basis. See U.S. Rail Serv. Issues--Performance Data 
Reporting, EP 724 (Sub-No. 4), slip op. at 1, 3-4 (STB served Dec. 30, 
2014). After the close of the comment period, the Board issued an order 
announcing that it would waive its ex parte communications rules to 
allow Board staff to hold meetings with interested parties regarding 
technical issues in this proceeding. See U.S. Rail Serv. Issues--
Performance Data Reporting, EP 724 (Sub-No. 4) (STB served Nov. 9, 
2015). Those meetings were held between November 19, 2015 and December 
7, 2015. A summary of each meeting was posted in that docket and 
parties provided additional comments on the summaries. The Board then 
issued a supplemental notice of proposed rulemaking. See U.S. Rail 
Serv. Issues--Performance Data Reporting, EP 724 (Sub-No. 4) (STB 
served April 29, 2016), corrected, (STB served May 13, 2016).

Discussion and Conclusions

    Concurrently with this decision, the Board is issuing its final 
rule in Docket No. EP 724 (Sub-No. 4). The final rule requires Class I 
railroads to begin reporting the required data on February 8, 2017, at 
which point reporting under the Interim Data Order will no longer be 
necessary. Accordingly, the Board will discontinue reporting required 
by the Interim Data Order immediately following the reports due one 
week prior to the start of reporting under the final rule. The final 
date for reporting under the Interim Data Order will be February 1, 
2017. The issuance of the final rule in Docket No. EP 724 (Sub-No. 4) 
also concludes the need for additional comment in Docket No. EP 724 on 
the service issues that occurred throughout the national rail network 
in 2013-2014. As explained in the final rule, those service issues 
prompted the Board to issue the Interim Data Order which, in turn, led 
to the issuance of the final rule. U.S. Rail Serv. Issues--Performance 
Data Reporting, EP 724 (Sub-No. 4), slip op. at 1-4 (STB served Nov. 
30, 2016). Because the Board is issuing new regulations in a separate 
sub-docket, Docket No. EP 724 and Docket No. EP 724 (Sub-No. 3) will be 
closed, effective the day after the final reporting date for the 
Interim Data Order, February 2, 2017.
    It is ordered:
    1. The final date for reporting under the Interim Data Order will 
be February 1, 2017.

[[Page 87648]]

    2. The proceedings in Docket No. EP 724 and Docket No. EP 724 (Sub-
No. 3) will be discontinued as described above, effective February 2, 
2017.
    3. Notice of the Board's action will be published in the Federal 
Register.

    Decided: November 29, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-29132 Filed 12-2-16; 8:45 am]
 BILLING CODE 4915-01-P