82_FR_9553 82 FR 9529 - United States Rail Service Issues-Performance Data Reporting

82 FR 9529 - United States Rail Service Issues-Performance Data Reporting

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range9529-9529
FR Document2017-02492

On December 5, 2016, the Board published a final rule in this docket that established new regulations requiring all Class I railroads and the Chicago Transportation Coordination Office (CTCO), through its Class I members, to report certain service performance metrics on a weekly, semiannual, and occasional basis. The Board is staying the effective date of the final rule.

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Page 9529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02492]


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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; stay of regulations.

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SUMMARY: On December 5, 2016, the Board published a final rule in this 
docket that established new regulations requiring all Class I railroads 
and the Chicago Transportation Coordination Office (CTCO), through its 
Class I members, to report certain service performance metrics on a 
weekly, semiannual, and occasional basis. The Board is staying the 
effective date of the final rule.

DATES: Effective February 7, 2017 and applicable on January 27, 2017, 
the final rule establishing 49 CFR part 1250 published at 81 FR 87472 
on December 5, 2016, is stayed until March 21, 2017. The initial 
reporting date under the final rule will be 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 CTCO, through its Class I members, to report certain service 
performance metrics on a weekly, semiannual, and occasional basis. U.S. 
Rail Serv. Issues--Performance Data Reporting (November Decision), EP 
724 (Sub-No. 4), slip op. at 1 (STB served Nov. 30, 2016). The Board 
published the final rule in the Federal Register on December 5, 2016, 
and set an effective date of January 29, 2017. November Decision, slip 
op. at 4; 81 FR 87472. On January 20, 2017, a Memorandum for the Heads 
of Executive Departments and Agencies from Reince Priebus, Chief of 
Staff to President Trump, was issued.\1\ Although the Board is an 
independent regulatory agency, it will stay the January 29, 2017 
effective date in Docket No. EP 724 (Sub-No. 4) in accordance with the 
Memorandum's request that the effective date of rules published in the 
Federal Register that had not yet become effective be postponed for 60 
days. \2\ As a result, the final rule in Docket No. EP 724 (Sub-No. 4) 
will now be stayed until March 21, 2017, and initial reporting will 
begin March 29, 2017.
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    \1\ Reince Priebus, Memorandum for the Heads of Executive 
Departments and Agencies (Memorandum) (Jan. 20, 2017), http://www.whitehouse.gov/briefing-room/presidential-actions (follow 
hyperlink to Memorandum for the Heads of Executive Departments and 
Agencies).
    \2\ The Board's entire decision, U.S. Rail Serv. Issues--Data 
Collection, EP 724 (Sub-No. 3) et al. (STB served Jan. 27, 2017), is 
available on the Board's Web site by search at https://www.stb.gov/home.nsf/enhancedsearch?OpenForm.
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    The final rule adopted requirements for reporting cars in 
fertilizer service, as defined by 14 Standard Transportation Commodity 
Codes (STCCs) that The Fertilizer Institute (TFI) provided in comments. 
November Decision, slip op. at 15. On December 20, 2016, TFI petitioned 
the Board to reconsider the final rule to modify the definition of 
fertilizer by adding one STCC to the 14 that were previously included 
in the final rule. The Board will rule on the petition in a subsequent 
decision.
    It is ordered:
    1. The final rule in the November Decision, which was published in 
the Federal Register on December 5, 2016, will be stayed until March 
21, 2017. The initial reporting date will be March 29, 2017.
    2. Notice of the Board's action will be published in the Federal 
Register.

    Decided: January 27, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-02492 Filed 2-6-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                                  Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations                                            9529

                                                tribes. Thus, the Agency has determined                                                                  and set an effective date of January 29,
                                                                                                                                                 Parts per
                                                                                                                  Commodity
                                                that Executive Order 13132, entitled                                                              million2017. November Decision, slip op. at 4;
                                                ‘‘Federalism’’ (64 FR 43255, August 10,                                                                  81 FR 87472. On January 20, 2017, a
                                                1999) and Executive Order 13175,                                                                         Memorandum for the Heads of
                                                entitled ‘‘Consultation and Coordination                    *         *         *         *        *
                                                                                                        Cotton, gin byproducts .........             1.5
                                                                                                                                                         Executive Departments and Agencies
                                                with Indian Tribal Governments’’ (65 FR
                                                                                                        Cotton, undelinted seed .......            0.08 from Reince Priebus, Chief of Staff to
                                                67249, November 9, 2000) do not apply                                                                    President Trump, was issued.1 Although
                                                to this action. In addition, this action                    *         *         *         *        *     the Board is an independent regulatory
                                                does not impose any enforceable duty or                                                                  agency, it will stay the January 29, 2017
                                                contain any unfunded mandate as                         *      *     *      *      *                     effective date in Docket No. EP 724
                                                described under Title II of the Unfunded                [FR Doc. 2017–02477 Filed 2–6–17; 8:45 am]       (Sub–No. 4) in accordance with the
                                                Mandates Reform Act (UMRA) (2 U.S.C.                    BILLING CODE 6560–50–P                           Memorandum’s request that the
                                                1501 et seq.).                                                                                           effective date of rules published in the
                                                   This action does not involve any                                                                      Federal Register that had not yet
                                                technical standards that would require
                                                                                                        SURFACE TRANSPORTATION BOARD become effective be postponed for 60
                                                Agency consideration of voluntary                                                                        days. 2 As a result, the final rule in
                                                consensus standards pursuant to section                 49 CFR Part 1250                                 Docket No. EP 724 (Sub–No. 4) will now
                                                12(d) of the National Technology                                                                         be stayed until March 21, 2017, and
                                                Transfer and Advancement Act                            [Docket No. EP 724 (Sub–No. 4)]
                                                                                                                                                         initial reporting will begin March 29,
                                                (NTTAA) (15 U.S.C. 272 note).                                                                            2017.
                                                                                                        United States Rail Service Issues—
                                                VII. Congressional Review Act                           Performance Data Reporting                           The final rule adopted requirements
                                                  Pursuant to the Congressional Review                  AGENCY: Surface Transportation Board.
                                                                                                                                                         for   reporting cars in fertilizer service, as
                                                Act (5 U.S.C. 801 et seq.), EPA will                                                                     defined by 14 Standard Transportation
                                                                                                        ACTION: Final rule; stay of regulations.
                                                submit a report containing this rule and                                                                 Commodity Codes (STCCs) that The
                                                other required information to the U.S.                  SUMMARY: On December 5, 2016, the                Fertilizer Institute (TFI) provided in
                                                Senate, the U.S. House of                               Board published a final rule in this             comments. November Decision, slip op.
                                                Representatives, and the Comptroller                    docket that established new regulations          at 15. On December 20, 2016, TFI
                                                General of the United States prior to                   requiring all Class I railroads and the          petitioned the Board to reconsider the
                                                publication of the rule in the Federal                  Chicago Transportation Coordination              final rule to modify the definition of
                                                Register. This action is not a ‘‘major                  Office (CTCO), through its Class I               fertilizer by adding one STCC to the 14
                                                rule’’ as defined by 5 U.S.C. 804(2).                   members, to report certain service               that were previously included in the
                                                List of Subjects in 40 CFR Part 180                     performance metrics on a weekly,                 final rule. The Board will rule on the
                                                                                                        semiannual, and occasional basis. The            petition in a subsequent decision.
                                                  Environmental protection,                             Board is staying the effective date of the           It is ordered:
                                                Administrative practice and procedure,                  final rule.
                                                Agricultural commodities, Pesticides                                                                         1. The final rule in the November
                                                                                                        DATES: Effective February 7, 2017 and
                                                and pests, Reporting and recordkeeping                                                                   Decision, which was published in the
                                                                                                        applicable on January 27, 2017, the final Federal Register on December 5, 2016,
                                                requirements.
                                                                                                        rule establishing 49 CFR part 1250               will be stayed until March 21, 2017. The
                                                   Dated: January 9, 2017.                              published at 81 FR 87472 on December             initial reporting date will be March 29,
                                                Michael J. Goodis,                                      5, 2016, is stayed until March 21, 2017.
                                                                                                                                                         2017.
                                                Acting Director, Registration Division, Office          The initial reporting date under the final
                                                of Pesticide Programs.                                  rule will be March 29, 2017.                         2. Notice of the Board’s action will be
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                         published      in the Federal Register.
                                                  Therefore, 40 CFR chapter I is
                                                amended as follows:                                     Sarah Fancher at (202) 245–0355.                    Decided: January 27, 2017.
                                                                                                        Assistance for the hearing impaired is              By the Board, Rachel D. Campbell,
                                                PART 180—[AMENDED]                                      available through the Federal                    Director, Office of Proceedings.
                                                                                                        Information Relay Service (FIRS) at              Brendetta S. Jones,
                                                ■ 1. The authority citation for part 180                (800) 877–8339.
                                                continues to read as follows:                                                                            Clearance Clerk.
                                                                                                        SUPPLEMENTARY INFORMATION: On
                                                                                                                                                         [FR Doc. 2017–02492 Filed 2–6–17; 8:45 am]
                                                    Authority: 21 U.S.C. 321(q), 346a and 371.          November 30, 2016, the Board adopted
                                                                                                                                                         BILLING CODE 4915–01–P
                                                ■ 2. In § 180.142:                                      a final rule to establish new regulations
                                                ■ a. Add alphabetically the                             requiring all Class I railroads and the             1 Reince Priebus, Memorandum for the Heads of
                                                commodities ‘‘Cotton, gin byproducts’’                  CTCO, through its Class I members, to            Executive Departments and Agencies
                                                and ‘‘cotton, undelinted seed’’ to the                  report certain service performance               (Memorandum) (Jan. 20, 2017), http://
                                                table in paragraph (a); and                             metrics on a weekly, semiannual, and             www.whitehouse.gov/briefing-room/presidential-
                                                ■ b. Remove the entry for ‘‘cotton,                     occasional basis. U.S. Rail Serv. Issues— actions (follow hyperlink to Memorandum for the
                                                undelinted seed’’ from the table in                     Performance Data Reporting (November Heads of Executive Departments and Agencies).
                                                                                                                                                            2 The Board’s entire decision, U.S. Rail Serv.
                                                paragraph (d) to read as follows:                       Decision), EP 724 (Sub–No. 4), slip op.
                                                                                                                                                         Issues—Data Collection, EP 724 (Sub–No. 3) et al.
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        at 1 (STB served Nov. 30, 2016). The             (STB served Jan. 27, 2017), is available on the
                                                § 180.142    2,4–D; tolerances for residues.            Board published the final rule in the            Board’s Web site by search at https://www.stb.gov/
                                                    (a) * * *                                           Federal Register on December 5, 2016,            home.nsf/enhancedsearch?OpenForm.




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Document Created: 2017-02-07 00:27:51
Document Modified: 2017-02-07 00:27:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; stay of regulations.
DatesEffective February 7, 2017 and applicable on January 27, 2017, the final rule establishing 49 CFR part 1250 published at 81 FR 87472 on December 5, 2016, is stayed until March 21, 2017. The initial reporting date under the final rule will be March 29, 2017.
ContactSarah Fancher at (202) 245-0355. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation82 FR 9529 

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