[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Page 9529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02492]
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SURFACE TRANSPORTATION BOARD
49 CFR Part 1250
[Docket No. EP 724 (Sub-No. 4)]
United States Rail Service Issues--Performance Data Reporting
AGENCY: Surface Transportation Board.
ACTION: Final rule; stay of regulations.
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SUMMARY: On December 5, 2016, the Board published a final rule in this
docket that established new regulations requiring all Class I railroads
and the Chicago Transportation Coordination Office (CTCO), through its
Class I members, to report certain service performance metrics on a
weekly, semiannual, and occasional basis. The Board is staying the
effective date of the final rule.
DATES: Effective February 7, 2017 and applicable on January 27, 2017,
the final rule establishing 49 CFR part 1250 published at 81 FR 87472
on December 5, 2016, is stayed until March 21, 2017. The initial
reporting date under the final rule will be March 29, 2017.
FOR FURTHER INFORMATION CONTACT: Sarah Fancher at (202) 245-0355.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: On November 30, 2016, the Board adopted a
final rule to establish new regulations requiring all Class I railroads
and the CTCO, through its Class I members, to report certain service
performance metrics on a weekly, semiannual, and occasional basis. U.S.
Rail Serv. Issues--Performance Data Reporting (November Decision), EP
724 (Sub-No. 4), slip op. at 1 (STB served Nov. 30, 2016). The Board
published the final rule in the Federal Register on December 5, 2016,
and set an effective date of January 29, 2017. November Decision, slip
op. at 4; 81 FR 87472. On January 20, 2017, a Memorandum for the Heads
of Executive Departments and Agencies from Reince Priebus, Chief of
Staff to President Trump, was issued.\1\ Although the Board is an
independent regulatory agency, it will stay the January 29, 2017
effective date in Docket No. EP 724 (Sub-No. 4) in accordance with the
Memorandum's request that the effective date of rules published in the
Federal Register that had not yet become effective be postponed for 60
days. \2\ As a result, the final rule in Docket No. EP 724 (Sub-No. 4)
will now be stayed until March 21, 2017, and initial reporting will
begin March 29, 2017.
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\1\ Reince Priebus, Memorandum for the Heads of Executive
Departments and Agencies (Memorandum) (Jan. 20, 2017), http://www.whitehouse.gov/briefing-room/presidential-actions (follow
hyperlink to Memorandum for the Heads of Executive Departments and
Agencies).
\2\ The Board's entire decision, U.S. Rail Serv. Issues--Data
Collection, EP 724 (Sub-No. 3) et al. (STB served Jan. 27, 2017), is
available on the Board's Web site by search at https://www.stb.gov/home.nsf/enhancedsearch?OpenForm.
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The final rule adopted requirements for reporting cars in
fertilizer service, as defined by 14 Standard Transportation Commodity
Codes (STCCs) that The Fertilizer Institute (TFI) provided in comments.
November Decision, slip op. at 15. On December 20, 2016, TFI petitioned
the Board to reconsider the final rule to modify the definition of
fertilizer by adding one STCC to the 14 that were previously included
in the final rule. The Board will rule on the petition in a subsequent
decision.
It is ordered:
1. The final rule in the November Decision, which was published in
the Federal Register on December 5, 2016, will be stayed until March
21, 2017. The initial reporting date will be March 29, 2017.
2. Notice of the Board's action will be published in the Federal
Register.
Decided: January 27, 2017.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-02492 Filed 2-6-17; 8:45 am]
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