[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Page 9628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02493]


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SURFACE TRANSPORTATION BOARD

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


United States Rail Service Issues--Data Collection

    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). Also on November 30, 2016, 
the Board issued an order stating that upon the commencement of 
reporting under the Docket No. EP 724 (Sub-No. 4) final rule, reporting 
under 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) would no 
longer be necessary. See U.S. Rail Serv. Issues (Discontinuation 
Order), EP 724 et al., slip op. at 3 (STB served Nov. 30, 2016). The 
Board set February 1, 2017, as the final date for reporting under the 
Interim Data Order, January 29, 2017, as the effective date for the 
final rule, and February 2, 2017, as the date for discontinuing the 
proceeding in Docket No. 724 (Sub-No. 3). Discontinuation Order, slip 
op. at 3; November Order, slip op. at 1. The Board published the final 
rule and the discontinuation notice in the Federal Register on December 
5, 2016. U.S. Rail Serv. Issues--Performance Data Reporting, 81 FR 
87472 (Dec 5, 2016); U.S. Rail Serv. Issues, 81 FR 87647 (Dec. 5, 
2016).
    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, in a separate decision published elsewhere in this 
issue of the Federal Register, and applicable January 27, 2017, it is 
staying 49 CFR part 1250, added in the December 5, 2016 final rule, in 
Docket No. EP 724 (Sub-No. 4) in accordance with the Memorandum's 
request that rules regarding certain rules already published in the 
Federal Register. U.S. Rail Serv. Issues--Data Collection, EP 724 (Sub-
No. 3) et al., slip op. at 2 (STB served Jan. 27, 2017).\2\ As a result 
of the stay, the final rule in Docket No. EP 724 (Sub-No. 4) adding 
part 1250 is suspended until March 21, 2017, and initial reporting will 
begin March 29, 2017. Id. Consistent with the Discontinuation Order, 
the effective date for discontinuing reporting under the Interim Data 
Order is extended to March 22, 2017, and the Docket No. EP 724 (Sub-No. 
3) proceeding will be discontinued on March 23, 2017.\3\
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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 entire decision is available on the Board's Web site by 
search at https://www.stb.gov/home.nsf/enhancedsearch?OpenForm.
    \3\ The proceeding United States Rail Service Issues, Docket No. 
EP 724, will be discontinued effective February 2, 2017, as 
previously decided by the Board. U.S. Rail Serv. Issues, EP 724 et 
al., slip op. at 3.
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    It is ordered:
    1. The final date for reporting under the Interim Data Order will 
be March 22, 2017.
    2. The proceeding in Docket No. EP 724 (Sub-No. 3) will be 
discontinued as described above, effective March 23, 2017.
    3. Notice of the Board's action will be published in the Federal 
Register.


    Decided: January 27, 2017.

    By the Board, Acting Chairman Begeman, Vice Chairman Miller, and 
Commissioner Elliott.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-02493 Filed 2-6-17; 8:45 am]
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