United States Rail Service Issues-Performance Data Reporting, 13401-13402 [2017-04841]

Download as PDF 13401 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations Community No. State and location Langley, City of, Island County ............. 530292 Milton, City of, King and Pierce Counties. 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July 17, 1974, Emerg; September 27, 1985, Reg; March 7, 2017, Susp. February 15, 1974, Emerg; August 19, 1987, Reg; March 7, 2017, Susp. April 16, 1975, Emerg; August 15, 1980, Reg; March 7, 2017, Susp. April 26, 1982, Emerg; April 26, 1982, Reg; March 7, 2017, Susp. N/A, Emerg; December 3, 2008, Reg; March 7, 2017, Susp. June 30, 1980, Emerg; December 15, 1981, Reg; March 7, 2017, Susp. June 4, 1975, Emerg; July 19, 1982, Reg; March 7, 2017, Susp. October 4, 1974, Emerg; December 16, 1980, Reg; March 7, 2017, Susp. July 2, 1974, Emerg; December 1, 1983, Reg; March 7, 2017, Susp. N/A, Emerg; November 28, 1997, Reg; March 7, 2017, Susp. August 17, 1976, Emerg; March 1, 1982, Reg; March 7, 2017, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. *......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: March 2, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–04832 Filed 3–10–17; 8:45 am] BILLING CODE 9110–12–P SURFACE TRANSPORTATION BOARD 49 CFR Part 1250 [Docket No. EP 724 (Sub-No. 4)] United States Rail Service Issues— Performance Data Reporting Surface Transportation Board. Final rule; technical correction. AGENCY: ACTION: 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. jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:45 Mar 10, 2017 Jkt 241001 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 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)). PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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.) 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, 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. E:\FR\FM\13MRR1.SGM 13MRR1 13402 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations the Board will add the additional fertilizer STCC that TFI now proposes. 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. § 1250.2 Railroad performance data elements. List of Subjects in 49 CFR Part 1250 50 CFR Part 648 Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements. [Docket No. 151130999–6594–02] Decided: March 7, 2017. By the Board, Board Members Begeman, Elliott, and Miller. Kenyatta Clay, Clearance Clerk. Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2017 Sector Quota Transfer Adjustment jstallworth on DSK7TPTVN1PROD with RULES 2. In 1250.2, paragraph (a)(6) is revised to read as follows: VerDate Sep<11>2014 14:45 Mar 10, 2017 Jkt 241001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer adjustment. This action adjusts the previously established 2017 Atlantic bluefish sector transfer amount from the recreational fishery to the commercial fishery. Updated information from 2016 catch estimates indicate that the 2017 transfer amount may be increased, which adjusts the 2017 bluefish recreational harvest limit and SUMMARY: 1. The authority citation for part 1250 continues to read as follows: ■ BILLING CODE 4915–01–P AGENCY: PART 1250—RAILROAD PERFORMANCE DATA REPORTING Authority: 49 U.S.C. 1321 and 11145. [FR Doc. 2017–04841 Filed 3–10–17; 8:45 am] RIN 0648–XF247 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: ■ (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). * * * * * PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 commercial quota values. This action notifies the public of these adjustments. DATES: This action is effective March 10, 2017, through December 31, 2017. ADDRESSES: The Atlantic bluefish specifications final rule (81 FR 51370; August 4, 2016) that established the initial 2017 commercial quota and recreational harvest limit is accessible via the Internet at www.regulations.gov. Copies of the original specifications document, including the Environmental Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA), and other supporting documents, are available on request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. These documents are also accessible via the Internet at http://www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281–9180. SUPPLEMENTARY INFORMATION: Background The regulations governing the Atlantic bluefish fishery are found in 50 CFR 648.160 through 648.167. In August 2016, we implemented the Atlantic bluefish fishery specifications for the 2016 through 2018 fishing years. These specifications, consistent with the Atlantic Bluefish Fishery Management Plan (FMP) specification setting process, included the contingency that the estimated sector transfer of quota for 2017 would be re-evaluated and adjusted with realized recreational landings from the preceding year (2016). The process to transfer quota from the recreational to the commercial sector of the bluefish fishery is described in § 648.162(b)(2). Final Sector Transfer and Specification Adjustments A transfer of quota from the recreational fishery to the commercial fishery is permitted under the FMP up to a commercial fishery quota of 10.5 million lb (4,763 mt), provided the combined expected recreational landings and the commercial quota do not exceed the total allowable landings (TAL), and the recreational fishery is not projected to exceed its harvest limit. The initial 2017 bluefish specifications contained an estimated sector quota transfer based on recreational catch data projected from available 2015 recreational landings. That transfer amount (2,561,747 lb; 1,161 mt) was calculated so that the initial 2017 recreational harvest limit was equal to the expected 2015 recreational landings, E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Rules and Regulations]
[Pages 13401-13402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.)
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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