Review of Commodity, Boxcar, and TOFC/COFC Exemptions, 78075 [2020-26420]

Download as PDF 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]


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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.

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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
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