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United States Rail Service Issues-Data Collection

---
identifier: "/us/fr/2017-02493"
source: "fr"
legal_status: "authoritative_unofficial"
title: "United States Rail Service Issues-Data Collection"
title_number: 0
title_name: "Federal Register"
section_number: "2017-02493"
section_name: "United States Rail Service Issues-Data Collection"
positive_law: false
currency: "2017-02-07"
last_updated: "2017-02-07"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Surface Transportation Board"
document_number: "2017-02493"
document_type: "notice"
publication_date: "2017-02-07"
agencies:
  - "Surface Transportation Board"
fr_citation: "82 FR 9628"
fr_volume: 82
docket_ids:
  - "Docket No. EP 724 (Sub-No. 3)"
---

#  United States Rail Service Issues—Data Collection

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). Also on November 30, 2016, the Board issued an order stating that upon the commencement of reporting under the Docket No. EP 724 (Sub-No. 4) final rule, reporting under *U.S. Rail Serv. Issues—Data Collection* ( *Interim Data Order* ), EP 724 (Sub-No. 3), slip op. at 2-5 (STB served Oct. 8, 2014) would no longer be necessary. *See U.S. Rail Serv. Issues* ( *Discontinuation Order* ), EP 724 et al., slip op. at 3 (STB served Nov. 30, 2016). The Board set February 1, 2017, as the final date for reporting under the *Interim Data Order,* January 29, 2017, as the effective date for the final rule, and February 2, 2017, as the date for discontinuing the proceeding in Docket No. 724 (Sub-No. 3). *Discontinuation Order,* slip op. at 3; *November Order,* slip op. at 1. The Board published the final rule and the discontinuation notice in the *Federal Register* on December 5, 2016. *U.S. Rail Serv. Issues—Performance Data Reporting,* 81 FR 87472 (Dec 5, 2016); *U.S. Rail Serv. Issues,* 81 FR 87647 (Dec. 5, 2016).

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, in a separate decision published elsewhere in this issue of the *Federal Register* , and applicable January 27, 2017, it is staying 49 CFR part 1250, added in the December 5, 2016 final rule, in Docket No. EP 724 (Sub-No. 4) in accordance with the Memorandum's request that rules regarding certain rules already published in the *Federal Register* . *U.S. Rail Serv. Issues—Data Collection* , EP 724 (Sub-No. 3) et al., slip op. at 2 (STB served Jan. 27, 2017). [^2] As a result of the stay, the final rule in Docket No. EP 724 (Sub-No. 4) adding part 1250 is suspended until March 21, 2017, and initial reporting will begin March 29, 2017. *Id.* Consistent with the *Discontinuation Order,* the effective date for discontinuing reporting under the *Interim Data Order* is extended to March 22, 2017, and the Docket No. EP 724 (Sub-No. 3) proceeding will be discontinued on March 23, 2017. [^3]

[^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 entire decision is available on the Board's Web site by search at *https://www.stb.gov/home.nsf/enhancedsearch?OpenForm.*

[^3] The proceeding *United States Rail Service Issues,* Docket No. EP 724, will be discontinued effective February 2, 2017, as previously decided by the Board. *U.S. Rail Serv. Issues,* EP 724 et al., slip op. at 3.

*It is ordered:*

1. The final date for reporting under the *Interim Data Order* will be March 22, 2017.

2. The proceeding in Docket No. EP 724 (Sub-No. 3) will be discontinued as described above, effective March 23, 2017.

3. Notice of the Board's action will be published in the *Federal Register* .

By the Board, Acting Chairman Begeman, Vice Chairman Miller, and Commissioner Elliott.

Decided: January 27, 2017.

Brendetta S. Jones,

Clearance Clerk.