Rail Fuel Surcharges, 4676-4679 [E7-1640]

Download as PDF 4676 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules B. Regulatory Flexibility Act The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule addresses the deletion of a term used to describe a system for the electronic data interchange of acquisition information between the private section and the Federal Government without removing the use of the system. Additionally, where necessary in the FAR, the term has been replaced with a more appropriate term that incorporates various electronic data interchange systems. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The Councils will consider comments from small entities concerning the affected FAR Parts 2, 4, 5, and 13 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 2006–015), in correspondence. Federal Acquisition Computer Network (FACNET))’’. PART 5—PUBLICIZING CONTRACT ACTIONS 5.101 [FR Doc. 07–439 Filed 1–31–07; 8:45 am] [Amended] 4. Amend section 5.101 by removing from paragraph (a)(2)(ii) ‘‘or Federal Acquisition Computer Network (FACNET)’’. BILLING CODE 6820–EP–S 5.102 Surface Transportation Board [Amended] 5. Amend section 5.102 by removing from paragraph (a)(3) ‘‘to FACNET’’ and adding ‘‘using electronic commerce’’ in its place. 5.201 [Amended] 6. Amend section 5.201 by removing from paragraph (b)(2) ‘‘to FACNET’’ and adding ‘‘using electronic commerce’’ in its place. 5.203 [Amended] 7. Amend section 5.203 by removing from paragraph (b) ‘‘via FACNET or for which’’ and adding ‘‘where’’ in its place. The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. 8. Amend section 13.104 by removing from paragraph (b) ‘‘using either FACNET or’’. 9. Amend section 13.105 by revising paragraph (a) to read as follows: List of Subjects in 48 CFR Parts 2, 4, 5, and 13 13.105 Synopsis and posting requirements. Government procurement. Dated: January 24, 2007. Ralph De Stefano Director, Contract Policy Division. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 5, and 13 as set forth below: 1. The authority citation for 48 CFR parts 2, 4, 5, and 13 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 2—DEFINITIONS OF WORDS AND TERMS rmajette on PROD1PC67 with PROPOSALS 2.101 [Amended] 2. Amend section 2.101 by removing from paragraph (b) the definition ‘‘Federal Acquisition Computer Network (FACNET) Architecture’’. PART 4—ADMINISTRATIVE MATTERS 4.502 [Amended] 3. Amend section 4.502 by removing from paragraph (b)(2) ‘‘, (e.g., the VerDate Aug<31>2005 15:30 Jan 31, 2007 Jkt 211001 [Amended] 13. Amend section 13.307 by removing from paragraph (b)(1) ‘‘via FACNET, electronically,’’ and adding ‘‘electronically’’ in its place. PART 13—SIMPLIFIED ACQUISITION PROCEDURES C. Paperwork Reduction Act 13.307 13.104 [Amended] (a) The contracting officer must comply with the public display and synopsis requirements of 5.101 and 5.203 unless an exception in 5.202 applies. * * * * * 10. Amend section 13.106–1 by revising paragraph (f) to read as follows: 13.106–1 Soliciting competition. * * * * * (f) Inquiries. An agency should respond to inquiries received through any medium (including electronic commerce) if doing so would not interfere with the efficient conduct of the acquisition. 13.106–2 [Amended] 11. Amend section 13.106–2 by removing from paragraph (b)(4) ‘‘FACNET or’’. 13.106–3 [Amended] 12. Amend section 13.106–3 by removing from paragraph (c) ‘‘FACNET or’’. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION 49 CFR Part 1243 [STB Ex Parte No. 661 (Sub-No. 1)] Rail Fuel Surcharges AGENCY: Surface Transportation Board, DOT. ACTION: Notice of Proposed Rulemaking. SUMMARY: In conjunction with the Surface Transportation Board’s decision in Rail Fuel Surcharges, STB Ex Parte No. 661 (STB served Jan. 26, 2007), the Board has proposed to require all large (Class I) railroads to submit a monthly report containing the following information: total monthly fuel cost; gallons of fuel consumed during the month; increased or decreased cost of fuel over the previous month; and total monthly revenue from fuel surcharges. DATES: Comments are due by April 2, 2007. ADDRESSES: Comments may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions at the EFILING link on the Board’s Web site, at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: STB Ex Parte No. 661 (SubNo. 1), 1925 K Street, NW., Washington, DC 20423–0001. Copies of written comments received by the Board will be available from the Board’s contractor, ASAP Document Solutions (mailing address: Suite 103, 9332 Annapolis Rd., Lanham, MD 20706; e-mail address: asapdc@verizon.net; telephone number: 202–306–4004). The comments will also be available for viewing and selfcopying in the Board’s Public Docket Room, Room 755, and will be posted to the Board’s Web site at http:// www.stb.dot.gov. FOR FURTHER INFORMATION, CONTACT: Joseph H. Dettmar at 202–565–1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules Under 49 U.S.C. 10702, the Board has the authority to address the reasonableness of a rail carrier’s practices. And the Board has specific authority under 49 U.S.C. 11145(a)(1) to require regulated rail carriers to file annual, periodic, and special reports with the Board. The proposed monthly Report of Fuel Cost, Consumption, and Surcharge Revenues is intended to permit the Board to monitor the current fuel surcharge practices of the large (Class I) carriers. The proposed reporting form is included as Appendix A. See the Board’s decision in this proceeding served January 26, 2007, for a discussion of the background and history of rail fuel surcharge reporting. Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (PRA) and Office of Management and Budget (OMB) regulations at 5 CFR 1320.8(d)(3), the Board now seeks comments regarding: (1) Whether the particular collection of information described below is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board’s burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of rmajette on PROD1PC67 with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:30 Jan 31, 2007 Jkt 211001 information technology, when appropriate. Information pertinent to these issues is included in Appendix B. This proposed rule has been submitted to OMB for review as required under the PRA, 5 U.S.C. 3507(d) and 5 CFR 1320.11. In accordance with the PRA, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. Pursuant to 5 U.S.C. 605(b), the Board certifies that this action will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. List of Subjects in 49 CFR Part 1243 Quarterly Operating Reports— Railroads. Authority: 49 U.S.C. 11144, 49 U.S.C. 11145. Decided: January 25, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. For the reasons set forth in the preamble, the Surface Transportation Board proposes to amend part 1243 of PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 4677 title 49, chapter C, of the Code of Federal Regulations as follows: PART 1243—QUARTERLY AND MONTHLY OPERATING REPORTS— RAILROADS 1. Revise the heading of part 1243 to read as set forth above. 2. The authority citation for part 1243 continues to read as follows: Authority: 49 U.S.C. 11144, 49 U.S.C. 11145. 3. Add a new § 1243.3 to read as follows: § 1243.3 Report of fuel cost, consumption, and surcharge revenue. Commencing with reports regarding the month of [first month beginning 90 days after publication of final rule] 2007, and monthly thereafter, all Class I line-haul railroad companies are required to file a Report of Fuel Cost, Consumption, and Surcharge Revenue, in accordance with the Board’s reporting form. Such monthly reports shall be filed, in duplicate, in the Office of Economics, Environmental Analysis, and Administration, Surface Transportation Board, Washington, DC 20423–0001, within 20 days after the end of the month reported. Editorial Note: The following appendices will not appear in the Code of Federal Regulations. BILLING CODE 4915–01–P E:\FR\FM\01FEP1.SGM 01FEP1 4678 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules VerDate Aug<31>2005 15:30 Jan 31, 2007 Jkt 211001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 EP01FE07.003</GPH> rmajette on PROD1PC67 with PROPOSALS BILLING CODE 4915–01–C Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules Appendix B The additional information below is included to assist those who may wish to submit comments pertinent to review under the Paperwork Reduction Act: rmajette on PROD1PC67 with PROPOSALS Description of Collection Title: Report of Fuel Cost, Consumption, and Surcharge Revenue. OMB Control Number: 2140–XXXX. STB Form Number: None. Type of Review: New collection. Respondents: Class I railroads (railroads with operating revenues exceeding $250 million in 1991 dollars). Number of Respondents: 7. VerDate Aug<31>2005 15:30 Jan 31, 2007 Jkt 211001 Estimated Time per Response: 1 hour (after one-time start-up expenditure of 8 hours). Frequency: Monthly. Total Burden Hours (annually including all respondents): 84 hours. Total ‘‘Non-hour Burden’’ Cost: None identified. Needs and Uses: Under 49 U.S.C. 10702, the Surface Transportation Board has the authority to address the reasonableness of a rail carrier’s practices. The proposed information collection is intended to permit the Board to monitor the current fuel surcharge practices of the Class I PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 4679 carriers. Failure to collect this information would impede the Board’s ability to fulfill its responsibilities under 49 U.S.C. 10702. The Board has authority to collect information about rail costs and revenues under 49 U.S.C. 11144 and 11145. Retention Period: Information in this report will be maintained on the Board’s Web site for a minimum of one year and will be otherwise maintained by the Board for a minimum of two years. [FR Doc. E7–1640 Filed 1–31–07; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\01FEP1.SGM 01FEP1

Agencies

[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Proposed Rules]
[Pages 4676-4679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1640]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1243

[STB Ex Parte No. 661 (Sub-No. 1)]


Rail Fuel Surcharges

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: In conjunction with the Surface Transportation Board's 
decision in Rail Fuel Surcharges, STB Ex Parte No. 661 (STB served Jan. 
26, 2007), the Board has proposed to require all large (Class I) 
railroads to submit a monthly report containing the following 
information: total monthly fuel cost; gallons of fuel consumed during 
the month; increased or decreased cost of fuel over the previous month; 
and total monthly revenue from fuel surcharges.

DATES: Comments are due by April 2, 2007.

ADDRESSES: Comments may be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should comply with the instructions at the E-FILING link on the Board's 
Web site, at http://www.stb.dot.gov. Any person submitting a filing in 
the traditional paper format should send an original and 10 copies to: 
Surface Transportation Board, Attn: STB Ex Parte No. 661 (Sub-No. 1), 
1925 K Street, NW., Washington, DC 20423-0001.
    Copies of written comments received by the Board will be available 
from the Board's contractor, ASAP Document Solutions (mailing address: 
Suite 103, 9332 Annapolis Rd., Lanham, MD 20706; e-mail address: 
asapdc@verizon.net; telephone number: 202-306-4004). The comments will 
also be available for viewing and self-copying in the Board's Public 
Docket Room, Room 755, and will be posted to the Board's Web site at 
http://www.stb.dot.gov.

FOR FURTHER INFORMATION, CONTACT: Joseph H. Dettmar at 202-565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

[[Page 4677]]


SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 10702, the Board has the 
authority to address the reasonableness of a rail carrier's practices. 
And the Board has specific authority under 49 U.S.C. 11145(a)(1) to 
require regulated rail carriers to file annual, periodic, and special 
reports with the Board. The proposed monthly Report of Fuel Cost, 
Consumption, and Surcharge Revenues is intended to permit the Board to 
monitor the current fuel surcharge practices of the large (Class I) 
carriers. The proposed reporting form is included as Appendix A. See 
the Board's decision in this proceeding served January 26, 2007, for a 
discussion of the background and history of rail fuel surcharge 
reporting.
    Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
(PRA) and Office of Management and Budget (OMB) regulations at 5 CFR 
1320.8(d)(3), the Board now seeks comments regarding: (1) Whether the 
particular collection of information described below is necessary for 
the proper performance of the functions of the Board, including whether 
the collection has practical utility; (2) the accuracy of the Board's 
burden estimates; (3) ways to enhance the quality, utility, and clarity 
of the information collected; and (4) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology, when appropriate. Information pertinent to these issues is 
included in Appendix B. This proposed rule has been submitted to OMB 
for review as required under the PRA, 5 U.S.C. 3507(d) and 5 CFR 
1320.11. In accordance with the PRA, an agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a currently valid OMB 
control number.
    Pursuant to 5 U.S.C. 605(b), the Board certifies that this action 
will not have a significant economic effect on a substantial number of 
small entities within the meaning of the Regulatory Flexibility Act.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1243

    Quarterly Operating Reports--Railroads.

    Authority: 49 U.S.C. 11144, 49 U.S.C. 11145.

    Decided: January 25, 2007.

    By the Board, Chairman Nottingham, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Surface 
Transportation Board proposes to amend part 1243 of title 49, chapter 
C, of the Code of Federal Regulations as follows:

PART 1243--QUARTERLY AND MONTHLY OPERATING REPORTS--RAILROADS

    1. Revise the heading of part 1243 to read as set forth above.
    2. The authority citation for part 1243 continues to read as 
follows:

    Authority: 49 U.S.C. 11144, 49 U.S.C. 11145.

    3. Add a new Sec.  1243.3 to read as follows:


Sec.  1243.3  Report of fuel cost, consumption, and surcharge revenue.

    Commencing with reports regarding the month of [first month 
beginning 90 days after publication of final rule] 2007, and monthly 
thereafter, all Class I line-haul railroad companies are required to 
file a Report of Fuel Cost, Consumption, and Surcharge Revenue, in 
accordance with the Board's reporting form. Such monthly reports shall 
be filed, in duplicate, in the Office of Economics, Environmental 
Analysis, and Administration, Surface Transportation Board, Washington, 
DC 20423-0001, within 20 days after the end of the month reported.

    Editorial Note: The following appendices will not appear in the 
Code of Federal Regulations.
BILLING CODE 4915-01-P

[[Page 4678]]

[GRAPHIC] [TIFF OMITTED] TP01FE07.003

BILLING CODE 4915-01-C

[[Page 4679]]

Appendix B

    The additional information below is included to assist those who 
may wish to submit comments pertinent to review under the Paperwork 
Reduction Act:

Description of Collection

    Title: Report of Fuel Cost, Consumption, and Surcharge Revenue.
    OMB Control Number: 2140-XXXX.
    STB Form Number: None.
    Type of Review: New collection.
    Respondents: Class I railroads (railroads with operating revenues 
exceeding $250 million in 1991 dollars).
    Number of Respondents: 7.
    Estimated Time per Response: 1 hour (after one-time start-up 
expenditure of 8 hours).
    Frequency: Monthly.
    Total Burden Hours (annually including all respondents): 84 hours.
    Total ``Non-hour Burden'' Cost: None identified.
    Needs and Uses: Under 49 U.S.C. 10702, the Surface Transportation 
Board has the authority to address the reasonableness of a rail 
carrier's practices. The proposed information collection is intended to 
permit the Board to monitor the current fuel surcharge practices of the 
Class I carriers. Failure to collect this information would impede the 
Board's ability to fulfill its responsibilities under 49 U.S.C. 10702. 
The Board has authority to collect information about rail costs and 
revenues under 49 U.S.C. 11144 and 11145.
    Retention Period: Information in this report will be maintained on 
the Board's Web site for a minimum of one year and will be otherwise 
maintained by the Board for a minimum of two years.

 [FR Doc. E7-1640 Filed 1-31-07; 8:45 am]
BILLING CODE 4915-01-P