82 FR 13401 - United States Rail Service Issues-Performance Data Reporting

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 47 (March 13, 2017)

Page Range		13401-13402
FR Document		2017-04841

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.

Federal Register, Volume 82 Issue 47 (Monday, March 13, 2017)

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


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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.

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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.)
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    \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)).
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    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.
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    \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.
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    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

Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations 13401

Date certain
Federal
Community Effective date authorization/cancellation of Current effective assistance
State and location No. sale of flood insurance in community map date no longer
available
in SFHAs

Langley, City of, Island County ............. 530292 July 2, 1975, Emerg; September 24, 1984, ......do ............... Do.
Reg; March 7, 2017, Susp.
Milton, City of, King and Pierce Coun- 530294 April 26, 1982, Emerg; April 26, 1982, Reg; ......do ............... Do.
ties. March 7, 2017, Susp.
Oak Harbor, City of, Island County ....... 530068 May 5, 1975, Emerg; January 15, 1980, ......do ............... Do.
Reg; March 7, 2017, Susp.
Orting, City of, Pierce County ............... 530143 July 17, 1974, Emerg; September 27, 1985, ......do ............... Do.
Reg; March 7, 2017, Susp.
Pierce County, Unincorporated Areas ... 530138 February 15, 1974, Emerg; August 19, ......do ............... Do.
1987, Reg; March 7, 2017, Susp.
Puyallup, City of, Pierce County ........... 530144 April 16, 1975, Emerg; August 15, 1980, ......do ............... Do.
Reg; March 7, 2017, Susp.
Roy, City of, Pierce County ................... 530262 April 26, 1982, Emerg; April 26, 1982, Reg; ......do ............... Do.
March 7, 2017, Susp.
Ruston, City of, Pierce County .............. 530300 N/A, Emerg; December 3, 2008, Reg; ......do ............... Do.
March 7, 2017, Susp.
South Prairie, Town of, Pierce County .. 530145 June 30, 1980, Emerg; December 15, 1981, ......do ............... Do.
Reg; March 7, 2017, Susp.
Steilacoom, Town of, Pierce County ..... 530146 June 4, 1975, Emerg; July 19, 1982, Reg; ......do ............... Do.
March 7, 2017, Susp.
Sumner, City of, Pierce County ............. 530147 October 4, 1974, Emerg; December 16, ......do ............... Do.
1980, Reg; March 7, 2017, Susp.
Tacoma, City of, Pierce County ............ 530148 July 2, 1974, Emerg; December 1, 1983, ......do ............... Do.
Reg; March 7, 2017, Susp.
University Place, City of, Pierce County 530332 N/A, Emerg; November 28, 1997, Reg; ......do ............... Do.
March 7, 2017, Susp.
Wilkeson, Town of, Pierce County ........ 530268 August 17, 1976, Emerg; March 1, 1982, ......do ............... Do.
Reg; March 7, 2017, Susp.
*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 2, 2017. FOR FURTHER INFORMATION CONTACT: final rule on the ‘‘grounds that the
Michael M. Grimm, Sarah Fancher at (202) 245–0355. decision will be affected by new
Assistant Administrator for Mitigation, Assistance for the hearing impaired is evidence that renders it materially
Federal Insurance and Mitigation available through the Federal incomplete.’’ (TFI Pet. 1.) TFI asserts
Administration, Department of Homeland Information Relay Service (FIRS) at that to complete the definition of
Security, Federal Emergency Management (800) 877–8339. fertilizer, the Board must add STCC
Agency.
SUPPLEMENTARY INFORMATION: On 2871313 to the 14 STCCs that TFI
[FR Doc. 2017–04832 Filed 3–10–17; 8:45 am]
November 30, 2016, the Board adopted previously provided. (Id.)
BILLING CODE 9110–12–P a final rule to establish new regulations On January 9, 2017, the Association of
requiring all Class I railroads and the American Railroads (AAR) replied to
Chicago Transportation Coordination the petition, stating that ‘‘despite the
SURFACE TRANSPORTATION BOARD Office, through its Class I members, to fact that TFI’s submission hardly
report certain service performance constitutes new evidence, the AAR does
49 CFR Part 1250 metrics on a weekly, semiannual, and not object’’ to the additional STCC.
occasional basis.1 Among other things,
(AAR Reply 1, Jan. 9, 2017.) The Board
[Docket No. EP 724 (Sub-No. 4)] the final rule adopted requirements for
received no other replies.
the reporting of cars in fertilizer service,
United States Rail Service Issues— with fertilizer being defined by 14 The Board will make the technical
Performance Data Reporting STCCs that The Fertilizer Institute (TFI) correction that TFI requests.2 In the
provided in its comments. U.S. Rail November Decision, the Board adopted
AGENCY: Surface Transportation Board. Serv. Issues—Performance Data TFI’s proposal to define fertilizer, for
ACTION: Final rule; technical correction. Reporting (November Decision), EP 724 reporting purposes, as 14 fertilizer STCC
(Sub-No. 4), slip op. at 15 (STB served codes intended to represent the most
SUMMARY: The Surface Transportation commonly used codes for fertilizer
Nov. 30, 2016); 81 FR 87472 (Dec. 5,
Board (STB or Board) is correcting the shipments. See November Decision, slip
2016). On December 20, 2016, TFI
final rule served on November 30, 2016, op. at 15; TFI Reply 4, June 28, 2016. To
petitioned the Board to reconsider the
jstallworth on DSK7TPTVN1PROD with RULES

by including one additional Standard
ensure that the primary fertilizer STCC
Transportation Commodity Code (STCC) 1 On January 27, 2017, the Board extended the
codes are included in the initial
to the group of 14 previously included effective date of the final rule to March 21, 2017, implementation of the reporting rules,
in the final rule. and set initial reporting under the final rule to begin
on March 29, 2017. See U.S. Rail Serv. Issues—Data
DATES: This rule is effective on March
Collection, EP 724 (Sub-No. 3) et al., slip op at 2 2 Although TFI filed its request as a petition for
21, 2017. Initial reporting under the (STB served Jan. 27, 2017); 82 FR 9529 (Feb. 7, reconsideration, the Board will treat it as a request
final rule will begin on March 29, 2017. 2017) (corrected at 82 FR 11515 (Feb. 24, 2017)). for a technical correction to the final rule.

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13402 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations

the Board will add the additional § 1250.2 Railroad performance data commercial quota values. This action
fertilizer STCC that TFI now proposes. elements. notifies the public of these adjustments.
The Board will make this correction (a) * * * DATES: This action is effective March 10,
without additional notice and public (6) The weekly average of loaded and 2017, through December 31, 2017.
comment. As noted, this technical empty cars, operating in normal ADDRESSES: The Atlantic bluefish
correction to the fertilizer STCCs in 49 movement and billed to an origin or specifications final rule (81 FR 51370;
CFR pt. 1250 is not contested. The destination, which have not moved in August 4, 2016) that established the
correction is also non-substantive in 48 hours or more sorted by service type initial 2017 commercial quota and
that it merely corrects the fertilizer (intermodal, grain, coal, crude oil, recreational harvest limit is accessible
STCC list to include all of the relevant automotive, ethanol, fertilizer (the via the Internet at www.regulations.gov.
codes in accordance with the Board’s following Standard Transportation Copies of the original specifications
decision to require certain reporting on Commodity Codes (STCCs): 2871236, document, including the Environmental
fertilizer traffic. See November Decision, 2871235, 2871238, 2819454, 2812534, Assessment and Initial Regulatory
EP 724 (Sub-No. 4), slip op. at 15. 2818426, 2819815, 2818170, 2871315, Flexibility Analysis (EA/IRFA), and
Accordingly, for good cause shown, the 2818142, 2818146, 2871244, 2819173, other supporting documents, are
Board finds that notice and public 2871313, and 2871451), and all other). available on request from Dr.
comment on this correction is In order to derive the averages for the Christopher M. Moore, Executive
unnecessary. See 5 U.S.C. 553(b)(3)(B). reporting period, carriers should run a Director, Mid-Atlantic Fishery
The change to the final rule is set same-time snapshot each day of the Management Council, Suite 201, 800
forth in the Appendix to this decision. reporting period, capturing cars that North State Street, Dover, DE 19901.
The only correction to the final rule have not moved in 48 hours or more. These documents are also accessible via
served on November 30, 2016, is the The number of cars captured on the the Internet at http://www.mafmc.org.
addition of STCC 2871313 to 49 CFR daily snapshot for each category should FOR FURTHER INFORMATION CONTACT:
1250.2(a)(6). The Board certifies that be added, and then divided by the Cynthia Hanson, Fishery Management
there is no change to its Regulatory number of days in the reporting period. Specialist, (978) 281–9180.
Flexibility or Paperwork Reduction Act In deriving this data, carriers should
SUPPLEMENTARY INFORMATION:
analyses in the November Decision, EP include cars in normal service anywhere
724 (Sub-No. 4), slip op. at 24–25. on their system, but should not include Background
cars placed at a customer facility; in The regulations governing the
It is ordered: constructive placement; placed for Atlantic bluefish fishery are found in 50
1. The Board will grant the interchange to another carrier; in bad CFR 648.160 through 648.167. In August
unopposed request for a technical order status; in storage; or operating in 2016, we implemented the Atlantic
correction of the final rule. railroad service (e.g., ballast). bluefish fishery specifications for the
2. The final rule set forth below is * * * * * 2016 through 2018 fishing years. These
adopted and will be effective on March [FR Doc. 2017–04841 Filed 3–10–17; 8:45 am] specifications, consistent with the
21, 2017. The initial reporting date will BILLING CODE 4915–01–P Atlantic Bluefish Fishery Management
be March 29, 2017. Notice of the rule Plan (FMP) specification setting process,
adopted here will be published in the included the contingency that the
Federal Register. estimated sector transfer of quota for
DEPARTMENT OF COMMERCE
3. A copy of this decision will be 2017 would be re-evaluated and
served upon the Chief Counsel for National Oceanic and Atmospheric adjusted with realized recreational
Advocacy, Office of Advocacy, U.S. Administration landings from the preceding year (2016).
Small Business Administration. The process to transfer quota from the
List of Subjects in 49 CFR Part 1250 50 CFR Part 648 recreational to the commercial sector of
the bluefish fishery is described in
Administrative practice and [Docket No. 151130999–6594–02] § 648.162(b)(2).
procedure, Railroads, Reporting and
RIN 0648–XF247 Final Sector Transfer and Specification
recordkeeping requirements.
Adjustments
Decided: March 7, 2017. Fisheries of the Northeastern United
A transfer of quota from the
By the Board, Board Members Begeman, States; Atlantic Bluefish Fishery; 2017
recreational fishery to the commercial
Elliott, and Miller. Sector Quota Transfer Adjustment
fishery is permitted under the FMP up
Kenyatta Clay,
AGENCY: National Marine Fisheries to a commercial fishery quota of 10.5
Clearance Clerk. Service (NMFS), National Oceanic and million lb (4,763 mt), provided the
For the reasons set forth in the Atmospheric Administration (NOAA), combined expected recreational
preamble, title 49, chapter X, subchapter Commerce. landings and the commercial quota do
D, part 1250 of the Code of Federal ACTION: Temporary rule; quota transfer not exceed the total allowable landings
Regulations is corrected as follows: adjustment. (TAL), and the recreational fishery is
not projected to exceed its harvest limit.
PART 1250—RAILROAD SUMMARY: This action adjusts the The initial 2017 bluefish specifications
PERFORMANCE DATA REPORTING previously established 2017 Atlantic contained an estimated sector quota
jstallworth on DSK7TPTVN1PROD with RULES

bluefish sector transfer amount from the transfer based on recreational catch data
■ 1. The authority citation for part 1250 recreational fishery to the commercial projected from available 2015
continues to read as follows: fishery. Updated information from 2016 recreational landings. That transfer
Authority: 49 U.S.C. 1321 and 11145. catch estimates indicate that the 2017 amount (2,561,747 lb; 1,161 mt) was
transfer amount may be increased, calculated so that the initial 2017
■ 2. In 1250.2, paragraph (a)(6) is which adjusts the 2017 bluefish recreational harvest limit was equal to
revised to read as follows: recreational harvest limit and the expected 2015 recreational landings,

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Document Created: 2018-02-01 14:58:05
Document Modified: 2018-02-01 14:58:05

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		Rules and Regulations
Action		Final rule; technical correction.
Dates		This rule is effective on March 21, 2017. Initial reporting under the final rule will begin on March 29, 2017.
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.
FR Citation		82 FR 13401
CFR Associated		Administrative Practice and Procedure; Railroads and Reporting and Recordkeeping Requirements