81 FR 87647 - United States Rail Service Issues; United States Rail Service Issues-Data Collection

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range		87647-87648
FR Document		2016-29132
Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87647-87648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29132]


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SURFACE TRANSPORTATION BOARD

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


United States Rail Service Issues; United States Rail Service 
Issues--Data Collection

    On April 1, 2014, and October 8, 2014, the Board issued two orders 
in response to service issues at the time across the U.S. rail network. 
The first order, in Docket No. EP 724, announced a public hearing in 
response to concerns about service problems that were occurring across 
significant portions of the nation's rail network. In response to the 
concerns raised at that hearing (as well as a second public hearing), 
the Board issued an order in Docket No. EP 724 (Sub-No. 3) requiring 
all Class I carriers and the Chicago Transportation Coordination Office 
(CTCO) (through its Class I members) to file weekly public performance 
data on an interim basis. For the reasons stated below, the proceedings 
in Docket No. EP 724 and Docket No. EP 724 (Sub-No. 3) will be 
discontinued. Concurrently with this decision, the Board is issuing a 
final rule in Docket No. EP 724 (Sub-No. 4) requiring all Class I 
railroads and the CTCO to file public performance data on a permanent 
basis.

Background

    Docket No. EP 724. On April 10, 2014, the Board held a public 
hearing at its offices in Washington, DC, to get more information on 
service problems occurring at the time across the U.S. rail network, 
hear rail industry plans to address those service problems, and discuss 
options to improve service. See U.S. Rail Serv. Issues, EP 724, slip 
op. at 1 (STB served Apr. 1, 2014). On September 4, 2014, the Board 
held a field hearing in Fargo, ND, to provide another forum for 
interested parties to report on service disruptions and provide updates 
on plans to resolve those issues, and to discuss additional options to 
improve service. U.S. Rail Serv. Issues, EP 724 et al., slip op. at 1 
(STB served Aug. 18, 2014). Following that hearing, the Board directed 
Canadian Pacific Railway Company (CP) to answer specific requests to 
supplement the information it had provided at the field hearing and in 
its annual peak season letter to the Chairman.\1\ U.S. Rail Serv. 
Issues, EP 724, slip op. at 1 (STB served Oct. 14, 2014). On October 
24, 2014, CP submitted its responses to the Board's questions. (CP 
Reply, Oct. 24, 2014, U.S. Rail Serv. Issues, EP 724.) Additionally, in 
response to a petition by the Western Coal Traffic League, the Board 
required BNSF Railway Company (BNSF) to submit ``its contingency plans 
for addressing any [critical shortfalls of coal], including a detailed 
description of the steps it takes to identify coal-fired plants at 
critical levels and to remedy acute shortages in a timely fashion.'' 
U.S. Rail Serv. Issues, EP 724, slip op. at 6 (STB served Dec. 30, 
2014). BNSF filed its reply on January 29, 2015.
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    \1\ The annual ``Fall Peak letter'' has since been discontinued 
due to, among other things, the weekly collection of service 
performance reports that the Board began collecting pursuant to the 
Interim Data Order. Press Release, Surface Transportation Board, STB 
Chairman Daniel R. Elliott III Discontinues Annual Letter to Rail 
Industry Seeking End-of-Year Outlook (Aug. 22, 2016), https://www.stb.gov/stb/news/news_releases.html (follow ``date of issuance 
within the current year'' or ``prior to the current year'' 
hyperlink, as appropriate to access 2016 press releases; then follow 
``8/22/2016'' hyperlink).
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    Docket No. EP 724 (Sub-No. 3). On October 8, 2014, the Board issued 
an order requiring regular reporting of standardized performance data 
by Class I railroads and the CTCO (through its Class I members). See 
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).\2\ Pursuant to 
the Interim Data Order, the Class I railroads and the Association of 
American Railroads (on behalf of its freight railroad member 
representatives in the CTCO) have been reporting data weekly since 
October 22, 2014.
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    \2\ In that decision, the Board also discontinued reporting 
ordered under U.S. Rail Service Issues--Grain, Docket No. EP 724 
(Sub-No. 2), with two exceptions related to CP's supplying of 
locomotives and grain cars moving between CP and the Rapid City, 
Pierre & Eastern Railroad, Inc. (RCP&E). Interim Data Order, slip 
op. at 2 n.7. On February 23, 2016, the Board discontinued all 
reporting by CP related to RCP&E. U.S. Rail Serv. Issues--Data 
Collection, EP 724 (Sub-No. 3) (STB served Feb. 23, 2016).
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    Docket No. EP 724 (Sub-No. 4). On December 30, 2014, the Board 
issued a notice of proposed rulemaking proposing to establish 
regulations requiring all Class I railroads and the CTCO to permanently 
report certain service performance metrics on a weekly, quarterly, and 
occasional basis. See U.S. Rail Serv. Issues--Performance Data 
Reporting, EP 724 (Sub-No. 4), slip op. at 1, 3-4 (STB served Dec. 30, 
2014). After the close of the comment period, the Board issued an order 
announcing that it would waive its ex parte communications rules to 
allow Board staff to hold meetings with interested parties regarding 
technical issues in this proceeding. See U.S. Rail Serv. Issues--
Performance Data Reporting, EP 724 (Sub-No. 4) (STB served Nov. 9, 
2015). Those meetings were held between November 19, 2015 and December 
7, 2015. A summary of each meeting was posted in that docket and 
parties provided additional comments on the summaries. The Board then 
issued a supplemental notice of proposed rulemaking. See U.S. Rail 
Serv. Issues--Performance Data Reporting, EP 724 (Sub-No. 4) (STB 
served April 29, 2016), corrected, (STB served May 13, 2016).

Discussion and Conclusions

    Concurrently with this decision, the Board is issuing its final 
rule in Docket No. EP 724 (Sub-No. 4). The final rule requires Class I 
railroads to begin reporting the required data on February 8, 2017, at 
which point reporting under the Interim Data Order will no longer be 
necessary. Accordingly, the Board will discontinue reporting required 
by the Interim Data Order immediately following the reports due one 
week prior to the start of reporting under the final rule. The final 
date for reporting under the Interim Data Order will be February 1, 
2017. The issuance of the final rule in Docket No. EP 724 (Sub-No. 4) 
also concludes the need for additional comment in Docket No. EP 724 on 
the service issues that occurred throughout the national rail network 
in 2013-2014. As explained in the final rule, those service issues 
prompted the Board to issue the Interim Data Order which, in turn, led 
to the issuance of the final rule. U.S. Rail Serv. Issues--Performance 
Data Reporting, EP 724 (Sub-No. 4), slip op. at 1-4 (STB served Nov. 
30, 2016). Because the Board is issuing new regulations in a separate 
sub-docket, Docket No. EP 724 and Docket No. EP 724 (Sub-No. 3) will be 
closed, effective the day after the final reporting date for the 
Interim Data Order, February 2, 2017.
    It is ordered:
    1. The final date for reporting under the Interim Data Order will 
be February 1, 2017.

[[Page 87648]]

    2. The proceedings in Docket No. EP 724 and Docket No. EP 724 (Sub-
No. 3) will be discontinued as described above, effective February 2, 
2017.
    3. Notice of the Board's action will be published in the Federal 
Register.

    Decided: November 29, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-29132 Filed 12-2-16; 8:45 am]
 BILLING CODE 4915-01-P
87648 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

2. The proceedings in Docket No. EP FOR FURTHER INFORMATION CONTACT: screening and evaluation factors to help
724 and Docket No. EP 724 (Sub-No. 3) Other related questions should be sent frame its evaluation of closures at its
will be discontinued as described above, to Ashley A. Pilakowski, NEPA other facilities. A Record of Decision
effective February 2, 2017. Compliance Specialist, Tennessee was released in July 2016 that would
3. Notice of the Board’s action will be Valley Authority, at 865–632–2256 or allow future environmental reviews of
published in the Federal Register. aapilakowski@tva.gov. qualifying CCR impoundment closures
Decided: November 29, 2016. SUPPLEMENTARY INFORMATION: This to tier from the PEIS.
notice is provided in accordance with This EIS is intended to tier from the
By the Board, Chairman Elliott, Vice
the regulations promulgated by the 2016 PEIS to evaluate the closure
Chairman Miller, and Commissioner
Begeman. Council on Environmental Quality (40 alternatives for the existing CCR Bottom
CFR parts 1500 to 1508) and TVA’s Ash Impoundment and Main Ash
Kenyatta Clay,
procedures implementing the National Impoundment. The EIS will also
Clearance Clerk.
Environmental Policy Act (http:// evaluate construction and operation of a
[FR Doc. 2016–29132 Filed 12–2–16; 8:45 am] new bottom ash dewatering facility and
www.tva.com/environment/reports/pdf/
BILLING CODE 4915–01–P
tvanepa_procedures.pdf.) management of dry CCR in a new lined
CCR landfill meeting Tennessee
TVA Power System and CCR Department of Environment and
Management Conservation criteria. This project
TENNESSEE VALLEY AUTHORITY
TVA is a corporate agency and supports TVA’s Board of Directors July
Environmental Impact Statement for instrumentality of the United States 2009 resolution and subsequent
Cumberland Fossil Plant Coal created by and existing pursuant to the recommendation to convert the wet ash
Combustion Residual Management TVA Act of 1933 that provides management system at CUF to dry
electricity for business customers and storage.
AGENCY: Tennessee Valley Authority. local power distributors. TVA serves
Alternatives
ACTION: Notice of intent. more than 9 million people in parts of
seven southeastern states. TVA receives In addition to a No Action
SUMMARY: The Tennessee Valley no taxpayer funding, deriving virtually Alternative, this EIS will address
Authority (TVA) intends to prepare an all of its revenues from sales of alternatives that have reasonable
Environmental Impact Statement (EIS) electricity. In addition to operating and prospects of providing a solution to the
to address the potential environmental investing its revenues in its electric management and disposal of CCRs
effects associated with management of system, TVA provides flood control, generated at CUF. TVA has determined
coal combustion residual (CCR) material navigation and land management for the that either the construction of a new on-
produced at the Cumberland Fossil Tennessee River system and assists local site landfill or hauling CCR to an
Plant (CUF) located near Cumberland power companies and state and local existing offsite permitted landfill are the
City, Stewart County, Tennessee. The governments with economic most reasonable alternatives to address
purpose of the proposed EIS is to development and job creation. the need for dry CCR disposal. A new
address long-term management of CCR Historically, TVA has managed its dewatering facility would dry bottom
produced at CUF. The project will help CCRs in wet impoundments or dry ash prior to disposal. TVA will consider
TVA comply with state and federal landfills. Currently, CUF consumes an closure alternatives for the Bottom Ash
regulatory requirements related to CCR average of 5.6 million tons of coal per Impoundment and the Main Ash
production and management, including year, generates approximately 16 billion Impoundment in accordance with and
the requirements of U.S. Environmental kilowatt-hours of electricity a year consistent with TVA’s PEIS and EPA’s
Protection Agency (EPA’s) CCR Rule (enough to supply 1.1 million homes), CCR Rule.
and Effluent Limitations Guidelines. and produces approximately 1.3 million No decision has been made about CCR
TVA will evaluate the potential tons of CCR a year which are managed management at CUF beyond the current
environmental impacts of construction in an existing fly ash stack, gypsum ash operations. TVA is preparing this EIS to
and operation of a new bottom ash stack, Bottom Ash Impoundment and inform decision makers, other agencies
dewatering facility and options for Main Ash Impoundment. CUF sells and the public about the potential for
management and disposal of dry CCR approximately 75% of the CCRs environmental impacts associated with
produced at CUF. TVA will also produced (725,000 tons gypsum and the long-term management of CCR
evaluate closure of the Bottom Ash and 275,000 tons of fly ash) annually for generated at CUF.
the Main Ash Impoundments. TVA will beneficial reuse as raw manufacturing
Proposed Resources and Issues To Be
develop and evaluate various material.
In July 2009, the TVA Board of Considered
alternatives to these actions, including
the No Action Alternative. Public Directors passed a resolution for staff to This EIS will identify the purpose and
comments are invited concerning both review TVA practices for storing CCRs need of the project and will contain
the scope of the review and at its generating facilities, including descriptions of the existing
environmental issues that should be CUF, which resulted in a environmental and socioeconomic
addressed. recommendation to convert the wet ash resources within the area that could be
management system at CUF to a dry affected by management of CCR at CUF.
DATES: Comments on the scope of the storage system. On April 17, 2015, the Evaluation of potential environmental
EIS must be received on or before impacts to these resources will include,
sradovich on DSK3GMQ082PROD with NOTICES

EPA published the final Disposal of
January 6, 2017. CCRs from Electric Utilities rule, also but not be limited to, water quality,
ADDRESSES: Written comments should known as the CCR Rule. aquatic and terrestrial ecology,
be sent to Ashley Pilakowski, NEPA In June 2016, TVA issued a Final threatened and endangered species,
Compliance Specialist, 400 West Programmatic Environmental Impact wetlands, land use, historic and
Summit Hill Dr., WT 11D, Knoxville, Statement (PEIS) that analyzed methods archaeological resources, as well as
TN 37902–1499. Comments also may be for closing CCR impoundments TVA solid and hazardous waste, safety,
submitted online at: www.tva.gov/nepa. fossil plants and identified specific socioeconomic and environmental

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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		Notices
FR Citation		81 FR 87647