Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 78075 

1The 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. 

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 

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. 

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 

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 

AGENCY: Surface Transportation Board. 

ACTION: Petition for rulemaking. 

SUMMARY: The Board institutes a 

rulemaking proceeding to consider a 

proposal to establish a new, voluntary 

arbitration program intended to help 

resolve small rate disputes. 


khammond on DSKJM1Z7X2PROD with PROPOSALS