Notices. SURFACE TRANSPORTATION BOARD
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/register/2017/02/07/2017-02493·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4710-05-P SURFACE TRANSPORTATION BOARD [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** . Decided: January 27, 2017. By the Board, Acting Chairman Begeman, Vice Chairman Miller, and Commissioner Elliott.
Brendetta S. Jones, Clearance Clerk. [FR Doc. 2017-02493 Filed 2-6-17; 8:45 am]
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