[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]
 BILLING CODE 4915-01-P