81 FR 49613 - Waybill Data Reporting for Toxic Inhalation Hazards; Withdrawal
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 145 (July 28, 2016)
Federal Register Volume 81, Issue 145 (July 28, 2016)
| Page Range | 49613-49613 | |
| FR Document | 2016-17883 |
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)] [Proposed Rules] [Page 49613] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17883] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1244 [Docket No. EP 385 (Sub-No. 7)] Waybill Data Reporting for Toxic Inhalation Hazards; Withdrawal AGENCY: Surface Transportation Board. ACTION: Proposed rule, withdrawal. ----------------------------------------------------------------------- SUMMARY: The Surface Transportation Board is withdrawing the proposed rules and discontinuing the EP 385 (Sub-No. 7) rulemaking proceeding which proposed to expand the Waybill Sample collection with respect to traffic movements designated as a Toxic Inhalation Hazard. DATES: The proposed rule published on February 2, 2010 (75 FR 5261) is withdrawn and the rulemaking proceeding is discontinued on July 28, 2016. FOR FURTHER INFORMATION CONTACT: Allison Davis at (202) 245-0378. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. SUPPLEMENTARY INFORMATION: On January 28, 2010, in the above titled docket, the Board issued a Notice of Proposed Rulemaking (NPR) seeking public comment on a proposal to expand information that certain railroads are required to submit to the Board for purposes of the carload Waybill Sample (75 FR 5261, February 2, 2010). Specifically, the proposal would require railroads to submit information about all traffic movements designated as a Toxic Inhalation Hazard (TIH). As explained below, this proceeding will be discontinued. The Waybill Sample is the Board's primary source of information about freight rail shipments terminating in the United States. A waybill is a document describing the characteristics of an individual rail shipment, and includes (among other things) the following information: The originating and terminating freight stations, the railroads participating in the movement, the points of all railroad interchanges, the number of cars, the car initial and number, the movement weight in hundredweight, the commodity, and the freight revenue. Currently, railroads that are required to file Waybill Sample information may report a random sample of as little as 1% (using the manual system) or 2.5% (using the computerized system) of carloads on a waybill. See 49 CFR 1244.4(b) and (c).\1\ --------------------------------------------------------------------------- \1\ Under 49 CFR 1244.2, a railroad is required to file Waybill Sample information for all line-haul revenue waybills terminated on its lines if it terminated at least 4,500 revenue carloads in any of the three preceding years, or it terminated at least 5% of the revenue carloads terminating in any state in any of the three preceding years. The Board recognizes that some of the submitted information is commercially sensitive, and thus the Board's regulations place limitations on releasing Waybill Sample data. See 49 CFR 1244.9. --------------------------------------------------------------------------- In the NPR, the Board suggested that the expanded information gathered from the proposed rule would permit the Board to assess TIH traffic within the United States more accurately. The NPR also stated that the information would be beneficial in Three-Benchmark rail rate cases involving TIH traffic, giving parties a larger number of movements from which to develop comparison groups. The additional information would also assist the Board in quantifying the magnitude of TIH traffic, and would help the Board more accurately measure the associated costs of handling such traffic. On March 4, 2010, the Association of American Railroads (AAR) filed the single comment received in response to the NPR. The AAR agrees that expanded TIH waybill data for use in Three-Benchmark rate cases would be useful; but, it expressed several security-related concerns regarding the potential use of TIH-related data the Board proposed to collect. (AAR Comments 2, 7.) \2\ The AAR submits that, in light of the sensitive nature of detailed TIH waybill data, the Board should not collect and maintain this data and subject it to potential inadvertent disclosure unnecessarily. (Id. at 8.) The AAR suggests several alternatives to the Board's proposal. First, the AAR suggests disclosure on a case-by-case basis, where the defendant carrier in a Three-Benchmark rate proceeding would make all TIH waybills available to the complainant for the most current period. (Id. at 8.) Second, the AAR suggests that the Board could assess TIH traffic by obtaining data from the Transportation Security Administration, which collects some of the data that would be found in the Waybill Sample. (Id.) Lastly, the AAR suggests that, if the Board were to collect 100% of TIH waybill data, then the Board should restrict access to the data and house the data in a secure separate file. (Id. at 10-14.) --------------------------------------------------------------------------- \2\ Federal agencies view TIH movements as a potential target for terrorist activity and consider detailed information pertaining to TIH movements as sensitive security information (SSI). See, e.g., Federal R.R. Admin. Order, Designation of Sensitive Security Information under 49 U.S.C. 40119(b), SSI Order 2011-06-FRA-01 (July 29, 2011), http://www.stb.dot.gov/stb/industry/Rate_Cases.htm (follow ``Federal Railroad Administration, July 29, 2011'' hyperlink). --------------------------------------------------------------------------- The Board appreciates and understands the AAR's concerns about security as it relates to TIH traffic. Without commenting on the AAR's suggested alternatives, we will discontinue this proceeding. Taking into consideration the security concerns raised and the lack of broader comment on the NPR, we will not move forward with the proposed rule and will discontinue this docket in the interest of administrative finality. However, the Board will consider ways to address this issue as part of future proceedings. Decided: July 21, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Commissioner Begeman commented with a separate expression. COMMISSIONER BEGEMAN, commenting: This proceeding was initiated in January 2010, well before a majority of the current members began serving here. The only real action that has occurred on this matter that I am aware of was when the Association of American Railroads filed its comments in March 2010. Since that time, the Board could have worked to meaningfully address AAR's concerns and ultimately improve the proposal. Yet no such effort occurred. Therefore, the best course of action for this proceeding--one that has been effectively dormant for over six years--is for it to be discontinued, regardless of the proposal's potential merits. This proceeding is just one example of why I believe Congress has directed the Board to issue quarterly reporting on all of its outstanding rulemaking proposals. We simply must do more to improve the timeliness of all Board actions. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016-17883 Filed 7-27-16; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Proposed Rules 49613
■ f. Removing in paragraph (i)(1)(iii), the information: The originating and would make all TIH waybills available
word ‘‘chemcial’’ and add in its place terminating freight stations, the to the complainant for the most current
‘‘chemical’’. railroads participating in the movement, period. (Id. at 8.) Second, the AAR
the points of all railroad interchanges, suggests that the Board could assess TIH
§ 723.250 [Amended] the number of cars, the car initial and traffic by obtaining data from the
■ 41. Amend § 723.250 by: number, the movement weight in Transportation Security Administration,
■ a. Removing in paragraph (e)(3) the hundredweight, the commodity, and the which collects some of the data that
phrase ‘‘composition, complex’’ and add freight revenue. Currently, railroads that would be found in the Waybill Sample.
in its place ‘‘composition, complex’’. are required to file Waybill Sample
■ b. Removing in paragraph (j)(1), the
(Id.) Lastly, the AAR suggests that, if the
information may report a random Board were to collect 100% of TIH
phrase ‘‘or import’’. sample of as little as 1% (using the
waybill data, then the Board should
[FR Doc. 2016–15005 Filed 7–27–16; 8:45 am] manual system) or 2.5% (using the
restrict access to the data and house the
BILLING CODE 6560–50–P computerized system) of carloads on a
waybill. See 49 CFR 1244.4(b) and (c).1 data in a secure separate file. (Id. at 10–
In the NPR, the Board suggested that 14.)
SURFACE TRANSPORTATION BOARD the expanded information gathered from The Board appreciates and
the proposed rule would permit the understands the AAR’s concerns about
49 CFR Part 1244 Board to assess TIH traffic within the security as it relates to TIH traffic.
United States more accurately. The NPR Without commenting on the AAR’s
[Docket No. EP 385 (Sub-No. 7)] also stated that the information would suggested alternatives, we will
Waybill Data Reporting for Toxic be beneficial in Three-Benchmark rail discontinue this proceeding. Taking into
rate cases involving TIH traffic, giving consideration the security concerns
Inhalation Hazards; Withdrawal
parties a larger number of movements raised and the lack of broader comment
AGENCY: Surface Transportation Board. from which to develop comparison on the NPR, we will not move forward
ACTION: Proposed rule, withdrawal. groups. The additional information with the proposed rule and will
would also assist the Board in discontinue this docket in the interest of
SUMMARY: The Surface Transportation quantifying the magnitude of TIH traffic, administrative finality. However, the
Board is withdrawing the proposed and would help the Board more
Board will consider ways to address this
rules and discontinuing the EP 385 accurately measure the associated costs
issue as part of future proceedings.
(Sub-No. 7) rulemaking proceeding of handling such traffic.
which proposed to expand the Waybill On March 4, 2010, the Association of Decided: July 21, 2016.
Sample collection with respect to traffic American Railroads (AAR) filed the
movements designated as a Toxic single comment received in response to By the Board, Chairman Elliott, Vice
Inhalation Hazard. the NPR. The AAR agrees that expanded Chairman Miller, and Commissioner
TIH waybill data for use in Three- Begeman. Commissioner Begeman
DATES: The proposed rule published on
Benchmark rate cases would be useful; commented with a separate expression.
February 2, 2010 (75 FR 5261) is
withdrawn and the rulemaking but, it expressed several security-related COMMISSIONER BEGEMAN,
proceeding is discontinued on July 28, concerns regarding the potential use of commenting:
2016. TIH-related data the Board proposed to
collect. (AAR Comments 2, 7.) 2 The This proceeding was initiated in
FOR FURTHER INFORMATION CONTACT: January 2010, well before a majority of
AAR submits that, in light of the
Allison Davis at (202) 245–0378. sensitive nature of detailed TIH waybill the current members began serving here.
Assistance for the hearing impaired is data, the Board should not collect and The only real action that has occurred
available through the Federal maintain this data and subject it to on this matter that I am aware of was
Information Relay Service (FIRS) at 1– potential inadvertent disclosure when the Association of American
800–877–8339. unnecessarily. (Id. at 8.) The AAR Railroads filed its comments in March
SUPPLEMENTARY INFORMATION: On suggests several alternatives to the 2010. Since that time, the Board could
January 28, 2010, in the above titled Board’s proposal. First, the AAR have worked to meaningfully address
docket, the Board issued a Notice of suggests disclosure on a case-by-case AAR’s concerns and ultimately improve
Proposed Rulemaking (NPR) seeking basis, where the defendant carrier in a the proposal. Yet no such effort
public comment on a proposal to Three-Benchmark rate proceeding occurred. Therefore, the best course of
expand information that certain action for this proceeding—one that has
railroads are required to submit to the 1 Under 49 CFR 1244.2, a railroad is required to
been effectively dormant for over six
Board for purposes of the carload file Waybill Sample information for all line-haul
years—is for it to be discontinued,
Waybill Sample (75 FR 5261, February revenue waybills terminated on its lines if it
terminated at least 4,500 revenue carloads in any regardless of the proposal’s potential
2, 2010). Specifically, the proposal of the three preceding years, or it terminated at least merits.
would require railroads to submit 5% of the revenue carloads terminating in any state
information about all traffic movements in any of the three preceding years. The Board This proceeding is just one example
recognizes that some of the submitted information of why I believe Congress has directed
designated as a Toxic Inhalation Hazard is commercially sensitive, and thus the Board’s
(TIH). regulations place limitations on releasing Waybill
the Board to issue quarterly reporting on
As explained below, this proceeding Sample data. See 49 CFR 1244.9. all of its outstanding rulemaking
will be discontinued. 2 Federal agencies view TIH movements as a proposals. We simply must do more to
Lhorne on DSK30JT082PROD with PROPOSALS
The Waybill Sample is the Board’s potential target for terrorist activity and consider improve the timeliness of all Board
detailed information pertaining to TIH movements
primary source of information about as sensitive security information (SSI). See, e.g., actions.
freight rail shipments terminating in the Federal R.R. Admin. Order, Designation of Sensitive
Security Information under 49 U.S.C. 40119(b), SSI Kenyatta Clay,
United States. A waybill is a document
Order 2011–06–FRA–01 (July 29, 2011), http:// Clearance Clerk.
describing the characteristics of an www.stb.dot.gov/stb/industry/Rate_Cases.htm
individual rail shipment, and includes [FR Doc. 2016–17883 Filed 7–27–16; 8:45 am]
(follow ‘‘Federal Railroad Administration, July 29,
(among other things) the following 2011’’ hyperlink). BILLING CODE 4915–01–P
VerDate Sep<11>2014 14:42 Jul 27, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4702 Sfmt 9990 E:\FR\FM\28JYP1.SGM 28JYP1](https://thefederalregister.org/doc/81_FR_49758/page/1.svg)
Document Created: 2016-07-28 01:47:33
Document Modified: 2016-07-28 01:47:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule, withdrawal. | |
| Dates | The proposed rule published on February 2, 2010 (75 FR 5261) is withdrawn and the rulemaking proceeding is discontinued on July 28, 2016. | |
| Contact | Allison Davis at (202) 245-0378. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. | |
| FR Citation | 81 FR 49613 |
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