[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Rules and Regulations]
[Pages 13401-13402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04841]


=======================================================================
-----------------------------------------------------------------------

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; technical correction.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (STB or Board) is correcting 
the final rule served on November 30, 2016, by including one additional 
Standard Transportation Commodity Code (STCC) to the group of 14 
previously included in the final rule.

DATES: This rule is effective on March 21, 2017. Initial reporting 
under the final rule will begin on 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 Chicago Transportation Coordination Office, through its Class I 
members, to report certain service performance metrics on a weekly, 
semiannual, and occasional basis.\1\ Among other things, the final rule 
adopted requirements for the reporting of cars in fertilizer service, 
with fertilizer being defined by 14 STCCs that The Fertilizer Institute 
(TFI) provided in its comments. U.S. Rail Serv. Issues--Performance 
Data Reporting (November Decision), EP 724 (Sub-No. 4), slip op. at 15 
(STB served Nov. 30, 2016); 81 FR 87472 (Dec. 5, 2016). On December 20, 
2016, TFI petitioned the Board to reconsider the final rule on the 
``grounds that the decision will be affected by new evidence that 
renders it materially incomplete.'' (TFI Pet. 1.) TFI asserts that to 
complete the definition of fertilizer, the Board must add STCC 2871313 
to the 14 STCCs that TFI previously provided. (Id.)
---------------------------------------------------------------------------

    \1\ On January 27, 2017, the Board extended the effective date 
of the final rule to March 21, 2017, and set initial reporting under 
the final rule to begin on March 29, 2017. See U.S. Rail Serv. 
Issues--Data Collection, EP 724 (Sub-No. 3) et al., slip op at 2 
(STB served Jan. 27, 2017); 82 FR 9529 (Feb. 7, 2017) (corrected at 
82 FR 11515 (Feb. 24, 2017)).
---------------------------------------------------------------------------

    On January 9, 2017, the Association of American Railroads (AAR) 
replied to the petition, stating that ``despite the fact that TFI's 
submission hardly constitutes new evidence, the AAR does not object'' 
to the additional STCC. (AAR Reply 1, Jan. 9, 2017.) The Board received 
no other replies.
    The Board will make the technical correction that TFI requests.\2\ 
In the November Decision, the Board adopted TFI's proposal to define 
fertilizer, for reporting purposes, as 14 fertilizer STCC codes 
intended to represent the most commonly used codes for fertilizer 
shipments. See November Decision, slip op. at 15; TFI Reply 4, June 28, 
2016. To ensure that the primary fertilizer STCC codes are included in 
the initial implementation of the reporting rules,

[[Page 13402]]

the Board will add the additional fertilizer STCC that TFI now 
proposes.
---------------------------------------------------------------------------

    \2\ Although TFI filed its request as a petition for 
reconsideration, the Board will treat it as a request for a 
technical correction to the final rule.
---------------------------------------------------------------------------

    The Board will make this correction without additional notice and 
public comment. As noted, this technical correction to the fertilizer 
STCCs in 49 CFR pt. 1250 is not contested. The correction is also non-
substantive in that it merely corrects the fertilizer STCC list to 
include all of the relevant codes in accordance with the Board's 
decision to require certain reporting on fertilizer traffic. See 
November Decision, EP 724 (Sub-No. 4), slip op. at 15. Accordingly, for 
good cause shown, the Board finds that notice and public comment on 
this correction is unnecessary. See 5 U.S.C. 553(b)(3)(B).
    The change to the final rule is set forth in the Appendix to this 
decision. The only correction to the final rule served on November 30, 
2016, is the addition of STCC 2871313 to 49 CFR 1250.2(a)(6). The Board 
certifies that there is no change to its Regulatory Flexibility or 
Paperwork Reduction Act analyses in the November Decision, EP 724 (Sub-
No. 4), slip op. at 24-25.
    It is ordered:
    1. The Board will grant the unopposed request for a technical 
correction of the final rule.
    2. The final rule set forth below is adopted and will be effective 
on March 21, 2017. The initial reporting date will be March 29, 2017. 
Notice of the rule adopted here will be published in the Federal 
Register.
    3. A copy of this decision will be served upon the Chief Counsel 
for Advocacy, Office of Advocacy, U.S. Small Business Administration.

List of Subjects in 49 CFR Part 1250

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.

    Decided: March 7, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.
Kenyatta Clay,
Clearance Clerk.

    For the reasons set forth in the preamble, title 49, chapter X, 
subchapter D, part 1250 of the Code of Federal Regulations is corrected 
as follows:

PART 1250--RAILROAD PERFORMANCE DATA REPORTING

0
1. The authority citation for part 1250 continues to read as follows:

    Authority: 49 U.S.C. 1321 and 11145.


0
2. In 1250.2, paragraph (a)(6) is revised to read as follows:


Sec.  1250.2  Railroad performance data elements.

    (a) * * *
    (6) The weekly average of loaded and empty cars, operating in 
normal movement and billed to an origin or destination, which have not 
moved in 48 hours or more sorted by service type (intermodal, grain, 
coal, crude oil, automotive, ethanol, fertilizer (the following 
Standard Transportation Commodity Codes (STCCs): 2871236, 2871235, 
2871238, 2819454, 2812534, 2818426, 2819815, 2818170, 2871315, 2818142, 
2818146, 2871244, 2819173, 2871313, and 2871451), and all other). In 
order to derive the averages for the reporting period, carriers should 
run a same-time snapshot each day of the reporting period, capturing 
cars that have not moved in 48 hours or more. The number of cars 
captured on the daily snapshot for each category should be added, and 
then divided by the number of days in the reporting period. In deriving 
this data, carriers should include cars in normal service anywhere on 
their system, but should not include cars placed at a customer 
facility; in constructive placement; placed for interchange to another 
carrier; in bad order status; in storage; or operating in railroad 
service (e.g., ballast).
* * * * *
[FR Doc. 2017-04841 Filed 3-10-17; 8:45 am]
BILLING CODE 4915-01-P