Review of Commodity, Boxcar, and TOFC/COFC Exemptions, 78075 [2020-26420]
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
13563, and DOT’s Regulatory Policies
and Procedures. It has been reviewed by
the Office of Management and Budget
under that Order. Executive Orders
12866 (Regulatory Planning and
Review) and 13563 (Improving
Regulation and Regulatory Review)
require agencies to regulate in the ‘‘most
cost-effective manner,’’ to make a
‘‘reasoned determination that the
benefits of the intended regulation
justify its costs,’’ and to develop
regulations that ‘‘impose the least
burden on society.’’ In addition,
Executive Orders 12866 and 13563
require agencies to provide a
meaningful opportunity for public
participation. Accordingly, we have
asked commenters to answer a variety of
questions to elicit practical information
about alternative approaches and
relevant technical data. These
comments will help the Department
evaluate whether a proposed
rulemaking is needed and appropriate.
This action is not subject to the
requirements of E.O. 13771 (82 FR 9339,
February 3, 2017) because it is an
advance notice of proposed rulemaking.
Authority: 49 U.S.C. 30101 et seq., 49
U.S.C. 30182.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
James C. Owens,
Deputy Administrator.
[FR Doc. 2020–25930 Filed 12–2–20; 8:45 am]
BILLING CODE 4910–59–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1039
[Docket No. EP 704 (Sub-No. 1)]
Review of Commodity, Boxcar, and
TOFC/COFC Exemptions
Surface Transportation Board.
Announcement of technical
conference.
AGENCY:
ACTION:
Granted a request for a
technical conference.
DATES: A technical conference will be
held on December 18, 2020, at 10:00
a.m. Comments are due by January 22,
2021, and replies are due by February
22, 2021.
ADDRESSES: Comments and replies may
be filed with the Board via e-filing on
the Board’s website at www.stb.gov and
will be posted to the Board’s website.
FOR FURTHER INFORMATION CONTACT:
Amy Ziehm at (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:20 Dec 02, 2020
Jkt 253001
By notice
served on September 30, 2020, the
Board requested public comment on an
approach developed by the Office of
Economics (OE) for possible use in
considering class exemption and
revocation issues to help the Board
evaluate market conditions by taking
into account a variety of metrics related
to or indicative of rail transportation
competition. Review of Commodity,
Boxcar, & TOFC/COFC Exemptions, EP
704 (Sub-No. 1), slip op. at 1, 6 (STB
served Sept. 30, 2020).1 The Board
directed that initial comments on the
proposed approach be submitted on or
before December 4, 2020, and that
replies to initial comments be submitted
on or before January 4, 2021.
On November 3, 2020, the Association
of American Railroads (AAR) filed a
request for the Board to schedule a
‘‘staff-supervised technical conference’’
in early December 2020 to discuss the
proposed approach. On November 12,
2020, the American Short Line and
Regional Railroad Association
(ASLRRA) filed in support of AAR’s
proposal for a technical conference.
Also on November 3, 2020, AAR
separately filed a request for the Board
to extend the deadlines for submitting
written comments and replies. AAR
asks that the Board extend both
deadlines by 60 days, or, if a technical
conference is held, set the deadlines for
60 and 90 days after the date of the
technical conference. According to
AAR, given the technical nature of the
proposed approach, the voluminous
workpapers, the need for data-intensive
analysis, and the importance of the
issues raised, the current comment
deadline of December 4, 2020, does not
allow stakeholders sufficient time to
analyze the proposed approach and
underlying data and prepare responsive
comments. On November 12, 2020,
ASLRRA also filed a request that the
Board extend the deadlines, asking for
the same adjustment to the deadlines.
On November 13, 2020, the American
Forest & Paper Association (AF&PA),
the Institute of Scrap Recycling
Industries, Inc. (ISRI), and the National
Industrial Transportation League (NITL)
filed a joint reply. They object to AAR’s
request for a technical conference,
arguing that it would add further delay
to this rulemaking proceeding, but agree
SUPPLEMENTARY INFORMATION:
1 The Board stated that it would make the
workpapers underlying the appendices to its
decision available to interested parties under an
appropriate confidentiality agreement pursuant to
49 CFR 1244.9. Recently, OE discovered that the
workpapers include duplicative queries associated
with six input files. The parties in receipt of the
workpapers have been notified and provided with
clarifying instructions.
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
78075
to a two-week extension of the comment
and reply deadlines. On November 16,
2020, the Portland Cement Association
(PCA) replied likewise objecting to the
requested technical conference but
agreeing to a two-week extension of the
comment and reply deadlines.
A technical conference may help to
facilitate a better understanding among
the interested parties of how the
proposal is intended to work. Therefore,
the Board will hold a technical
conference concerning the approach
described in the September 30 decision.
The technical conference will take place
on December 18, 2020, at 10:00 a.m. The
purpose of the technical conference is
for Board staff to provide a presentation
on the approach and to answer technical
questions about the mechanics of the
approach. The Board will soon issue a
separate decision announcing details on
participation.
In light of the technical conference,
the Board will provide additional time
for interested parties to file comments
and subsequent replies. Comments will
be due January 22, 2021, and replies
will be due February 22, 2021.
It is ordered:
1. AAR’s request for a technical
conference is granted. The technical
conference will be held on December
18, 2020, at 10:00 a.m., as discussed
above.
2. Comments are due by January 22,
2021, and replies are due by February
22, 2021.
3. Notice of this decision will be
published in the Federal Register.
4. This decision is effective on its
service date.
Decided: November 24, 2020.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020–26420 Filed 12–2–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1108
[Docket No. EP 765]
Joint Petition for Rulemaking To
Establish a Voluntary Arbitration
Program for Small Rate Disputes
Surface Transportation Board.
Petition for rulemaking.
AGENCY:
ACTION:
The Board institutes a
rulemaking proceeding to consider a
proposal to establish a new, voluntary
arbitration program intended to help
resolve small rate disputes.
SUMMARY:
E:\FR\FM\03DEP1.SGM
03DEP1
Agencies
[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Proposed Rules]
[Page 78075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26420]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
49 CFR Part 1039
[Docket No. EP 704 (Sub-No. 1)]
Review of Commodity, Boxcar, and TOFC/COFC Exemptions
AGENCY: Surface Transportation Board.
ACTION: Announcement of technical conference.
-----------------------------------------------------------------------
SUMMARY: Granted a request for a technical conference.
DATES: A technical conference will be held on December 18, 2020, at
10:00 a.m. Comments are due by January 22, 2021, and replies are due by
February 22, 2021.
ADDRESSES: Comments and replies may be filed with the Board via e-
filing on the Board's website at www.stb.gov and will be posted to the
Board's website.
FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: By notice served on September 30, 2020, the
Board requested public comment on an approach developed by the Office
of Economics (OE) for possible use in considering class exemption and
revocation issues to help the Board evaluate market conditions by
taking into account a variety of metrics related to or indicative of
rail transportation competition. Review of Commodity, Boxcar, & TOFC/
COFC Exemptions, EP 704 (Sub-No. 1), slip op. at 1, 6 (STB served Sept.
30, 2020).\1\ The Board directed that initial comments on the proposed
approach be submitted on or before December 4, 2020, and that replies
to initial comments be submitted on or before January 4, 2021.
---------------------------------------------------------------------------
\1\ The Board stated that it would make the workpapers
underlying the appendices to its decision available to interested
parties under an appropriate confidentiality agreement pursuant to
49 CFR 1244.9. Recently, OE discovered that the workpapers include
duplicative queries associated with six input files. The parties in
receipt of the workpapers have been notified and provided with
clarifying instructions.
---------------------------------------------------------------------------
On November 3, 2020, the Association of American Railroads (AAR)
filed a request for the Board to schedule a ``staff-supervised
technical conference'' in early December 2020 to discuss the proposed
approach. On November 12, 2020, the American Short Line and Regional
Railroad Association (ASLRRA) filed in support of AAR's proposal for a
technical conference.
Also on November 3, 2020, AAR separately filed a request for the
Board to extend the deadlines for submitting written comments and
replies. AAR asks that the Board extend both deadlines by 60 days, or,
if a technical conference is held, set the deadlines for 60 and 90 days
after the date of the technical conference. According to AAR, given the
technical nature of the proposed approach, the voluminous workpapers,
the need for data-intensive analysis, and the importance of the issues
raised, the current comment deadline of December 4, 2020, does not
allow stakeholders sufficient time to analyze the proposed approach and
underlying data and prepare responsive comments. On November 12, 2020,
ASLRRA also filed a request that the Board extend the deadlines, asking
for the same adjustment to the deadlines.
On November 13, 2020, the American Forest & Paper Association
(AF&PA), the Institute of Scrap Recycling Industries, Inc. (ISRI), and
the National Industrial Transportation League (NITL) filed a joint
reply. They object to AAR's request for a technical conference, arguing
that it would add further delay to this rulemaking proceeding, but
agree to a two-week extension of the comment and reply deadlines. On
November 16, 2020, the Portland Cement Association (PCA) replied
likewise objecting to the requested technical conference but agreeing
to a two-week extension of the comment and reply deadlines.
A technical conference may help to facilitate a better
understanding among the interested parties of how the proposal is
intended to work. Therefore, the Board will hold a technical conference
concerning the approach described in the September 30 decision. The
technical conference will take place on December 18, 2020, at 10:00
a.m. The purpose of the technical conference is for Board staff to
provide a presentation on the approach and to answer technical
questions about the mechanics of the approach. The Board will soon
issue a separate decision announcing details on participation.
In light of the technical conference, the Board will provide
additional time for interested parties to file comments and subsequent
replies. Comments will be due January 22, 2021, and replies will be due
February 22, 2021.
It is ordered:
1. AAR's request for a technical conference is granted. The
technical conference will be held on December 18, 2020, at 10:00 a.m.,
as discussed above.
2. Comments are due by January 22, 2021, and replies are due by
February 22, 2021.
3. Notice of this decision will be published in the Federal
Register.
4. This decision is effective on its service date.
Decided: November 24, 2020.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-26420 Filed 12-2-20; 8:45 am]
BILLING CODE 4915-01-P