[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Proposed Rules]
[Page 8336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02452]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1180

[Docket No. EP 282 (Sub-No. 21)]


Petition for Rulemaking--Railroad Consolidation Procedures--
Exemption for Emergency Temporary Trackage Rights

AGENCY: Surface Transportation Board.

ACTION: Petition for rulemaking.

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SUMMARY: The Board institutes a rulemaking proceeding to consider a 
proposal by the Association of American Railroads to establish a new 
emergency temporary trackage rights class exemption.

DATES: Published in the Federal Register on February 5, 2021. The Board 
will provide an opportunity for additional public participation in a 
subsequent decision.

ADDRESSES: Comments and replies may be filed with the Board via e-
filing on the Board's website at www.stb.gov and will be posted to the 
Board's website.

FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe at (202) 245-0376. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On October 9, 2020, the Association of 
American Railroads (AAR) filed a petition requesting that the Board 
initiate a rulemaking proceeding to establish a new emergency temporary 
trackage rights class exemption that could be invoked in specific 
situations and would allow emergency temporary trackage rights to take 
effect immediately, without need to waive the 30-day notice requirement 
under 49 CFR 1180.4(g)(1). AAR argues that the current two-step 
approach for obtaining temporary trackage rights that take effect on 
less than 30 days' notice is inefficient, and AAR asserts that its 
proposed class exemption would benefit shippers, railroads, and the 
Board by providing a streamlined and simple approach for obtaining 
temporary trackage rights in emergency situations, ensuring the 
continued flow of commerce without any decrease in regulatory 
oversight. (Pet. 1-4.) On November 4, 2020, Samuel J. Nasca, for and on 
behalf of SMART-Transportation Division-New York State Legislative 
Board (SMART/TD-NY), filed a reply in opposition to AAR's petition.
    The Board concludes that it is appropriate to institute a 
rulemaking proceeding to consider AAR's proposal. The Board will 
provide an opportunity for additional public participation in a 
subsequent decision.

List of Subjects in 49 CFR 1180

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.
    It is ordered:
    1. AAR's request to initiate a rulemaking proceeding is granted, as 
discussed above.
    2. Notice of this decision will be published in the Federal 
Register.
    3. This decision is effective on its service date.

    Decided: February 1, 2021.

    By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and 
Schultz.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-02452 Filed 2-4-21; 8:45 am]
BILLING CODE 4915-01-P