Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Proposed Rules 63917 

TABLE—TOTAL ESTIMATED BURDEN HOURS FOR RESPONDENTS—Continued 

Type of filing 

Estimated 

hours per 

response 

Number of 

respondents 

Estimated 

frequency 

Total 

burden hours 

Total Burden Hours .......................................................................................... .................... ........................ .................... 2,564 

Total ‘‘Non-Hour Burden’’ Cost: There are 

no non-hourly burdens, as the reports will be 

submitted electronically. 

Needs and Uses: A reciprocal switching 

agreement provides for the transfer of a rail 

shipment between Class I rail carriers or their 

affiliated companies within the terminal area 

in which the shipment begins or ends its 

journey on the rail system. An agreement 

facilitates line-haul service by a rail carrier 

that serves the terminal area, other than the 

rail carrier on whose tracks the shipment 

begins or ends its journey. Several years ago, 

the Board began to consider new regulations 

to require rail carriers to enter into reciprocal 

switching agreements. Those proposed 

regulations were never promulgated. Due to 

subsequent developments in the rail sector, 

including the emergence of service problems 

as a critical and ongoing issue, the Board is 

now considering a new set of regulations to 

prescribe reciprocal switching agreements in 

cases of inadequate rail service. 

The newly proposed regulations would 

allow for terminal-area shippers or receivers 

to seek the prescription of a reciprocal 

switching agreement when service to them 

fails to meet certain objective performance 

standards. The standards reflect what the 

Board believes to be the minimal level of rail 

service that is compatible with the public 

need, considering shippers and receivers’ 

need for reliable, predictable, and efficient 

rail service as well as rail carriers’ need for 

a certain degree of operating flexibility. 

When an incumbent rail carrier’s service fails 

to meet the performance standards, and when 

other conditions to a prescription are met 

(including the absence of a valid affirmative 

defense), the Board will consider if it would 

be in the public interest to allow access to 

an alternate rail carrier through prescription 

of a reciprocal switching agreement. To 

facilitate implementation of the new 

regulations, the Board proposes to require 

weekly reporting of certain service data by 

Class I carriers and to grant shippers and 

receivers the right to receive their own 

individualized service data from a Class I 

carrier. The proposed reporting and 

submissions are necessary to the purposes of 

the proposed regulation and therefore to 

enable the Board to implement its statutory 

authority in this important area. 

[FR Doc. 2023–19543 Filed 9–15–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Parts 1144 and 1145 

[Docket No. EP 711 (Sub-No. 1)] 

Reciprocal Switching 

AGENCY: Surface Transportation Board. 

ACTION: Proposed rule; closure of Docket 

No. EP 711 (Sub-docket No. 1). 

SUMMARY: On July 27, 2016, in Docket 

No. EP 711 (Sub-No. 1), the Surface 

Transportation Board (Board or STB) 

proposed to revise its reciprocal 

switching regulations. After considering 

the full record and the developments in 

the freight rail industry, the Board has 

decided not to pursue those revisions 

and to close Docket No. EP 711 (Sub-No. 

1). Instead, in Docket No. EP 711 (SubNo. 2), the Board is proposing a new set 

of regulations that would provide access 

to reciprocal switching when there is 

inadequate service. The Board will 

continue to assess what other action, if 

any, the Board should take with respect 

to reciprocal switching. 

DATES: September 18, 2023. 

ADDRESSES: All filings must be 

submitted to the Surface Transportation 

Board either via e-filing on the Board’s 

website or in writing addressed to 395 

E Street SW, Washington, DC 20423– 

0001. Filings will be posted to the 

Board’s website and need not be served 

on other commenters or any other party 

to the proceedings. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Quinn at (202) 740–5567. If you 

require accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: On July 

27, 2016, the Board granted in part a 

petition for rulemaking filed by the 

National Industrial Transportation 

League seeking revised reciprocal 

switching regulations. The Board 

proposed regulations in Docket No. EP 

711 (Sub-No. 1) that would provide for 

prescription of a reciprocal switching 

agreement when either practicable and 

in the public interest or necessary to 

provide competitive rail service. Due to 

developments in the freight rail industry 

since the Board’s 2016 notice, including 

critical and ongoing service problems, 

the Board has decided to focus, at this 

time, its reciprocal switching reforms on 

more specific and objective remedies for 

inadequate rail service. See Reciprocal 

Switching, EP 711 (Sub-No. 1) et al., slip 

op. at 1–21, 31 (STB served Sept. 7, 

2023). See also id. at 7 n.8 (welcoming 

comment on what other actions, if any, 

the Board should consider with respect 

to competitive access and, in particular, 

whether the Board should further 

broaden the application of the public 

interest prong of 49 U.S.C. 11102). 

Accordingly, for the reasons discussed 

in Reciprocal Switching, the Board is 

closing Docket No. EP 711 (Sub-No. 1) 

and is instead proposing, in Docket No. 

EP 711 (Sub-No. 2), a new rule focused 

on more defined processes for the 

prescription of a reciprocal switching 

agreement in cases of inadequate 

service. Notice of the rule proposed in 

Docket No. EP 711 (Sub-No. 2) is being 

published concurrently with this notice. 

That concurrent notice includes the full 

discussion from the Board’s September 

7, 2023 decision, which is fully 

incorporated by reference herein. 

It is ordered: 

1. Docket No. EP 711 (Sub-No. 1) is 

discontinued as of the service date of 

the Board’s decision in Reciprocal 

Switching, EP 711 (Sub-No. 1) et al. 

Decided: September 13, 2023. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2023–20137 Filed 9–15–23; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 230912–0217] 

RIN 0648–BM31 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing an 

amendment to the Atlantic Large Whale 

Take Reduction Plan (Plan) to expand 

the boundaries of the Massachusetts 

Restricted Area to include the wedge 

between State and Federal waters 


lotter on DSK11XQN23PROD with PROPOSALS1