Rail Fuel Surcharge Reporting, 45384-45387 [E7-15863]
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45384
Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Rules and Regulations
include requirements for providing
notice (i.e., deed recordation) in the real
property records for properties where
residual contamination will remain. For
this Site, the ICs include a deed
recordation with a notice that buried
contaminants remain on the property,
and a prohibition against any reuse,
development or other activities that
might disturb or damage the affected
areas without the approval of EPA,
TCEQ and the property owner. The
requirement for institutional controls
was met through the August 2, 2006
deed recordation in the Official Public
Records of Real Property of Orange
County, Texas for each of the two
capped areas.
Five-Year Review
Hazardous substances remain at the
Site above levels that allow for
unlimited use and unrestricted
exposure. Therefore, the EPA must
conduct a statutory five-year review of
the remedy no less than every five years
after the initiation of the remedial action
pursuant to CERCLA Section 121(c), and
as provided in the current guidance on
Five Year Reviews (OSWER Directive
9355.7–03B–P, Comprehensive FiveYear Review Guidance, June 2001).
Based on the five-year reviews, EPA will
determine whether human health and
the environment continue to be
adequately protected by the
implemented remedy. Five-year reviews
for this Site were completed in
September 2000 and September 2005.
The reviews found that the remedy
remains protective of human health and
the environment, and that the Site
appears to have been properly
maintained during the period between
reports. The next five-year review will
occur no later than September 2010.
sroberts on PROD1PC70 with RULES
Community Involvement
Public participation activities
required in CERCLA Section 113(k), 42
U.S.C. 9613(k), and CERCLA Section
117, 42 U.S.C. 9617, have been satisfied,
and documents which EPA generated
and/or relied on are available to the
public in these information repositories.
V. Deletion Action
The EPA, with concurrence of the
State of Texas, has determined that all
appropriate responses under CERCLA
have been completed, and that no
further response actions under CERCLA,
other than O&M and five-year reviews,
are necessary. Therefore, EPA is
deleting the Site from the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective October 15, 2007
VerDate Aug<31>2005
15:59 Aug 13, 2007
Jkt 211001
unless EPA receives adverse comments
by September 13, 2007. If adverse
comments are received within the 30day public comment period, EPA will
publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion and it will
not take effect. The EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 19, 2007.
Richard E. Greene,
Regional Administrator, EPA Region 6.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
I
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Appendix B—[Amended]
2. Table 1 of Appendix B to Part 300
is amended under Texas (‘‘TX’’) by
removing the entry for ‘‘Bailey Waste
Disposal.’’
I
[FR Doc. E7–15891 Filed 8–13–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1243
[STB Ex Parte No. 661 (Sub-No. 1)]
Rail Fuel Surcharge Reporting
Surface Transportation Board,
Department of Transportation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Surface Transportation
Board is amending its regulations to
require Class I railroads to report certain
data concerning fuel costs and fuel
surcharges billed. The data reported
pursuant to this rule will provide an
overall picture of the use of fuel
PO 00000
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Fmt 4700
Sfmt 4700
surcharges and will permit the Board to
monitor the fuel surcharge practices of
Class I carriers. The new rule will be
codified as 49 CFR 1243.3. The
reporting form can be found in an
Appendix to this section.
DATES: This rule is effective November
12, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents referred to herein, are part of
the Board’s docket in STB Ex Parte No.
661 (Sub-No. 1) and are available for
inspection or copying at the Board’s
Public Docket Room, Room 131, 395 E
Street, SW., Washington, DC 20423–
0001, are posted on the Board’s Web
site, at https://www.stb.dot.gov, and are
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).
FOR FURTHER INFORMATION, CONTACT:
Joseph H. Dettmar at 202–245–0395.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
1–800–877–8339.]
SUPPLEMENTARY INFORMATION: The Board
instituted this proceeding, in
conjunction with our decision in Rail
Fuel Surcharges, STB Ex Parte No. 661
(STB served Jan. 26, 2007), to solicit
comments, 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), regarding the Board’s
proposal to require all Class I (large)
railroads to submit a monthly report
containing the following information:
(1) Total monthly fuel cost; (2) gallons
of fuel consumed during the month; (3)
increased or decreased cost of fuel over
the previous month; and (4) total
monthly revenue from fuel surcharges.
In Rail Fuel Surcharges, STB Ex Parte
No. 661 (Sub-No. 1) (STB served Jan. 26,
2007) (published at 72 FR 4676 on Feb.
1, 2007), the Board sought comments
regarding: (1) Whether the particular
collection of information described
above 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.
E:\FR\FM\14AUR1.SGM
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Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Rules and Regulations
sroberts on PROD1PC70 with RULES
Comments
The Board received comments on the
proposed rules from the following
shipper interests: Edison Electric
Institute (EEI); National Grain and Feed
Association (NGFA); North Dakota
Grain Dealers Association (NDGDA);
Snavely King Majoros O’Connor & Lee,
Inc. (Snavely); Total Petrochemicals,
USA, Inc. (Total). The Board also
received comments from the following
rail carriers: Canadian National Railway
Company (CN); CSX Transportation,
Inc. (CSX); Norfolk Southern Railway
Company (NS); and Union Pacific
Railroad Company (UP). All but NS
support the reporting requirement.
Railroads suggest several ways to
minimize their reporting burden. In
contrast, shippers suggest additional
data that they assert should be collected
to increase the report’s utility. No
comments were received on burden
estimates.
CN, CSXT, and UP suggest that the
report be submitted quarterly, rather
than monthly, to reduce the degree to
which the data might be misinterpreted
and to be consistent with reporting
periods used by the Securities and
Exchange Commission (SEC), as well as
periods used by the STB for other
reports. CSXT and UP also suggest that
the deadline for submitting a report
should be 30 days after the end of the
reporting period (rather than 20 days, as
proposed) to be more consistent with
other STB reporting deadlines.
CN, CSXT, and UP also ask the Board
to clarify whether the report is intended
to include data on both regulated and
unregulated traffic. CN and CSXT argue
that it would be difficult to segregate
revenue by tariff, exempt, or contract
traffic, while UP states that aggregated
reporting (at least as to revenue derived
from its numerous separate/distinct fuel
surcharge programs) may be more
burdensome and may lead to confusion
and misinterpretation. In addition,
CSXT asks the Board to clarify whether
reported rail fuel surcharge revenue
should include all revenue earned/
billed during the time period or only
revenue collected, and whether reported
fuel costs should include state fuel
taxes.
NS opposes this reporting
requirement, arguing that Class I
railroads must already submit extensive
financial reports to the SEC. NS also
argues that a carrier that does not
impose a fuel surcharge on STBregulated traffic should be exempt from
this reporting requirement because its
report would have no relation to any
Board function.
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15:59 Aug 13, 2007
Jkt 211001
Shippers are generally concerned that
the proposed Fuel Surcharge Report
would not provide sufficient
transparency to enable the Board and
the public to monitor the fairness of the
rail fuel-cost recovery practices.
Additional data requested includes:
Fuel consumption per the same unit
(whether mile, ton-mile, car-mile, etc.)
used by the carrier to assess the fuel
surcharge; total ton-miles and/or carmiles; total recovery of fuel costs,
whether by fuel surcharge or any other
means; commodity-specific data; and
data that distinguishes between freight
that is subject to fuel surcharges and
freight that is not.1
In addition, EEI and TOTAL ask the
Board to direct that the report reference
a single fuel index and a single,
objective source of railroad miles.
Snavely asks the Board to direct that the
fuel surcharge data also be reported in
the Waybill Sample (in the accessorial
field) and to clarify that ‘‘total fuel cost’’
should exclude gains or losses from fuel
hedging.
The proposed rule was submitted to
OMB for review as required under the
PRA, 5 U.S.C. 3507(d) and 5 CFR
1320.11. No comments were received
from OMB, which has tentatively
approved the reporting requirement,
pending publication and review of the
final rule. OMB has 60 days to review
the final rule. The Board will publish a
separate notice of OMB’s final action.
This collection has been assigned
Control Number 2140–0014.2
The Final Rule
Under 49 U.S.C. 10702, the Board has
authority to address the reasonableness
of a rail carrier’s practices. The Board
also 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. This rule
to require the Report of Fuel Cost,
Consumption, and Surcharge Revenues
will provide an overall picture of the
use of fuel surcharges and will permit
the Board to monitor the current fuel
surcharge practices of Class I carriers.
1 WCTL
would further separate the data between
interchange and non-interchange traffic and would
require data on mis-aligned surcharge threshold
recovery (i.e., when the base rate for the fuel
surcharge is below the fuel cost in the underlying
rail rate, so that the carrier is ‘‘double-dipping’’), as
well as the amount of fuel surcharge credits
provided to shippers for months in which fuel costs
fall below the level at the time the existing rate was
established. Snavely argues that additional
reporting would not burden carriers because they
already submit fuel cost data to the Association of
American Railroads as part of the Rail Cost
Adjustment Factor.
2 Unless reapproved, OMB approval for this
report expires 3 years after the date of approval of
the final rules.
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45385
Scope of the Report
The four line items originally
proposed are intended to reflect
aggregate data on fuel costs and fuel
surcharge revenue. Although the
underlying ruling adopted in STB Ex
Parte No. 661—that the use of rate-based
calculations to determine a fuel
surcharge is an unreasonable practice—
is applicable only to regulated traffic,
several carriers argue that it would be
unduly burdensome to require railroads
to segregate the fuel costs and revenue
for regulated traffic. We can discern no
practical method for allocating fuel
costs for regulated traffic alone.
Therefore, we will not require railroads
to segregate fuel costs.
However, upon further reflection and
review of the comments received, we
believe that carriers should be required
to segregate and separately report the
total fuel-surcharge revenue collected
from regulated traffic. Our decision to
require these data is consistent with our
concerns, as detailed in our decisions in
STB Ex Parte No. 661, regarding the
potentially disparate impact of fuel
surcharges on regulated shippers.
Requiring these additional data, as
urged by several commenters, will
increase the utility of the report as a tool
for monitoring the use of these
surcharges on regulated traffic and
should not unduly burden reporting
railroads. This information should be
readily available to reporting railroads
because railroads bill shippers on an
individual basis. If in practice this
added requirement is more burdensome
for a carrier than we anticipate, that
carrier may bring that to our attention
by seeking an individual exemption.
We also clarify that the costs reported
in lines 1 and 3 should include state
fuel taxes, and that the revenue reported
in line 4 should be the revenue billed
in that period rather than the revenue
collected in that period.
Who Must Report
All Class I carriers, even those that
impose no fuel surcharges on regulated
traffic, will be required to submit this
report. This approach will better enable
the Board to monitor industry-wide fuel
surcharge practices. Moreover,
unregulated traffic includes traffic that
has been exempted under 49 U.S.C.
10502. Were these reports to suggest
that a carrier was imposing fuel
surcharges that over-recovered for its
actual fuel costs, a shipper could file a
complaint asking the Board to
investigate and revoke an exemption
under section 10502(d).
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45386
Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Rules and Regulations
Frequency and Due Date of Reports
Based on the comments received, we
will require these reports to be
submitted on a quarterly basis, due 30
days after the end of the reporting
period. As the railroads point out, these
changes will make this reporting
requirement more consistent with other
financial reporting to the Board and to
the SEC. These changes will decrease
the reporting burden on carriers while
retaining the utility of the reports. The
aggregated nature of the data, combined
with the longer reporting interval, will
provide a more useful and reliable
regulatory tool for monitoring the
relationship between changes in
revenues and costs.
Suggestions To Require Additional Data
With the one exception noted above,
we will not require carriers to submit
additional data in this report.3 The Fuel
Surcharge Report is intended to provide
an overall picture of the use of fuel
surcharges. It is not intended as a
sroberts on PROD1PC70 with RULES
3 Any suggestion to add information on fuel
surcharge data into the Waybill Sample would be
more properly addressed in a petition for a
rulemaking involving the Waybill Sample.
VerDate Aug<31>2005
15:59 Aug 13, 2007
Jkt 211001
substitute for evidence brought in an
individual case.
Regulatory Flexibility Analysis
The Board concludes 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
Railroads, Reporting and
recordkeeping requirements.
Authority: 49 U.S.C. 721, 49 U.S.C. 11145.
Decided: August 8, 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 amends part 1243 of title 49,
chapter X, of the Code of Federal
Regulations as follows:
I
PO 00000
Frm 00082
Fmt 4700
Sfmt 4700
PART 1243—QUARTERLY OPERATING
REPORTS—RAILROADS
1. The authority citation for part 1243
continues to read as follows:
I
Authority: 49 U.S.C. 721, 49 U.S.C. 11145.
2. Add a new § 1243.3 to read as
follows:
I
§ 1243.3 Report of fuel cost, consumption,
and surcharge revenue.
Commencing with reports for the 3
months beginning October 1, 2007, all
Class I railroads are required to file
quarterly a Report of Fuel Cost,
Consumption, and Surcharge Revenue,
in accordance with the Board’s
reporting form. Such reports shall be
filed, in duplicate, with the Office of
Economics, Environmental Analysis,
and Administration, Surface
Transportation Board, Washington, DC
20423–0001, within 30 days after the
end of the quarter reported.
Appendix to Section 49 CFR 1243.3
OMB Control No. 2140–0014
Expires ____, 2010
Railroad Name ______
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Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Rules and Regulations
45387
QUARTERLY REPORT OF FUEL COST, CONSUMPTION, AND SURCHARGE REVENUE FOR THE QUARTER ENDING ____, 20__
[Instructions: The report shall contain data only for the reported quarter. Cost and revenue are defined as accrued or earned that quarter. The
report shall be filed with the Surface Transportation Board on or before 30 days after the end of that quarter.]
Data
(a)
Amount
(in thousands)
(b)
Total fuel cost 1 ......................................................................................................................................................
Total gallons of fuel consumed 1 ...........................................................................................................................
Total increase or decrease in cost of fuel 2 ..........................................................................................................
Total revenue from fuel surcharges 3 ....................................................................................................................
Revenue from fuel surcharges on regulated traffic ...............................................................................................
............................
............................
............................
............................
............................
Line No.
1
2
3
4
5
...................
...................
...................
...................
...................
1 Include fuel for freight, yard and work train locomotives. Include fuel charged to train and yard service (function 67—Locomotive Fuels). Include all other fuel used for railroad operations and maintenance, including motor vehicles and power equipment not charged to function 67—Locomotive Fuels.
2 Show the total increase or decrease in fuel cost over previous quarter.
3 Show Fuel surcharges billed for all traffic (line 4) and for only regulated traffic (line 5).
I, the undersigned, ______, Title: ______,
state that this report was prepared by me or
under my supervision and that I have
carefully examined it and on the basis of my
knowledge, belief, and verification declare it
to be full, true and correct.
Supplemental Information About the Fuel
Surcharge Report
sroberts on PROD1PC70 with RULES
The following information is provided in
compliance with OMB requirements,
VerDate Aug<31>2005
15:59 Aug 13, 2007
Jkt 211001
pursuant to the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq.:
Information in this report is intended to
permit the Board to monitor the fuel
surcharge practices of Class I carriers.
The estimated annual hourly, per
respondent burden for filing this report is 12
hours.
This report is mandatory for Class I
carriers.
PO 00000
Information collected through this report is
published on the Board’s website and is
maintained by the agency for at least 2 years.
The display of a currently valid OMB
control number for this collection is required
by law. Under 5 CFR 1320.5(b), persons are
not required to respond to this collection of
information unless it displays a currently
valid OMB control number.
[FR Doc. E7–15863 Filed 8–13–07; 8:45 am]
BILLING CODE 4915–01–P
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]]>Agencies
[Federal Register Volume 72, Number 156 (Tuesday, August 14, 2007)]
[Rules and Regulations]
[Pages 45384-45387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15863]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1243
[STB Ex Parte No. 661 (Sub-No. 1)]
Rail Fuel Surcharge Reporting
AGENCY: Surface Transportation Board, Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board is amending its regulations
to require Class I railroads to report certain data concerning fuel
costs and fuel surcharges billed. The data reported pursuant to this
rule will provide an overall picture of the use of fuel surcharges and
will permit the Board to monitor the fuel surcharge practices of Class
I carriers. The new rule will be codified as 49 CFR 1243.3. The
reporting form can be found in an Appendix to this section.
DATES: This rule is effective November 12, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents referred to herein, are part of the Board's docket in STB Ex
Parte No. 661 (Sub-No. 1) and are available for inspection or copying
at the Board's Public Docket Room, Room 131, 395 E Street, SW.,
Washington, DC 20423-0001, are posted on the Board's Web site, at
https://www.stb.dot.gov, and are 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).
FOR FURTHER INFORMATION, CONTACT: Joseph H. Dettmar at 202-245-0395.
[Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.]
SUPPLEMENTARY INFORMATION: The Board instituted this proceeding, in
conjunction with our decision in Rail Fuel Surcharges, STB Ex Parte No.
661 (STB served Jan. 26, 2007), to solicit comments, 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),
regarding the Board's proposal to require all Class I (large) railroads
to submit a monthly report containing the following information: (1)
Total monthly fuel cost; (2) gallons of fuel consumed during the month;
(3) increased or decreased cost of fuel over the previous month; and
(4) total monthly revenue from fuel surcharges. In Rail Fuel
Surcharges, STB Ex Parte No. 661 (Sub-No. 1) (STB served Jan. 26, 2007)
(published at 72 FR 4676 on Feb. 1, 2007), the Board sought comments
regarding: (1) Whether the particular collection of information
described above 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.
[[Page 45385]]
Comments
The Board received comments on the proposed rules from the
following shipper interests: Edison Electric Institute (EEI); National
Grain and Feed Association (NGFA); North Dakota Grain Dealers
Association (NDGDA); Snavely King Majoros O'Connor & Lee, Inc.
(Snavely); Total Petrochemicals, USA, Inc. (Total). The Board also
received comments from the following rail carriers: Canadian National
Railway Company (CN); CSX Transportation, Inc. (CSX); Norfolk Southern
Railway Company (NS); and Union Pacific Railroad Company (UP). All but
NS support the reporting requirement. Railroads suggest several ways to
minimize their reporting burden. In contrast, shippers suggest
additional data that they assert should be collected to increase the
report's utility. No comments were received on burden estimates.
CN, CSXT, and UP suggest that the report be submitted quarterly,
rather than monthly, to reduce the degree to which the data might be
misinterpreted and to be consistent with reporting periods used by the
Securities and Exchange Commission (SEC), as well as periods used by
the STB for other reports. CSXT and UP also suggest that the deadline
for submitting a report should be 30 days after the end of the
reporting period (rather than 20 days, as proposed) to be more
consistent with other STB reporting deadlines.
CN, CSXT, and UP also ask the Board to clarify whether the report
is intended to include data on both regulated and unregulated traffic.
CN and CSXT argue that it would be difficult to segregate revenue by
tariff, exempt, or contract traffic, while UP states that aggregated
reporting (at least as to revenue derived from its numerous separate/
distinct fuel surcharge programs) may be more burdensome and may lead
to confusion and misinterpretation. In addition, CSXT asks the Board to
clarify whether reported rail fuel surcharge revenue should include all
revenue earned/billed during the time period or only revenue collected,
and whether reported fuel costs should include state fuel taxes.
NS opposes this reporting requirement, arguing that Class I
railroads must already submit extensive financial reports to the SEC.
NS also argues that a carrier that does not impose a fuel surcharge on
STB-regulated traffic should be exempt from this reporting requirement
because its report would have no relation to any Board function.
Shippers are generally concerned that the proposed Fuel Surcharge
Report would not provide sufficient transparency to enable the Board
and the public to monitor the fairness of the rail fuel-cost recovery
practices. Additional data requested includes: Fuel consumption per the
same unit (whether mile, ton-mile, car-mile, etc.) used by the carrier
to assess the fuel surcharge; total ton-miles and/or car-miles; total
recovery of fuel costs, whether by fuel surcharge or any other means;
commodity-specific data; and data that distinguishes between freight
that is subject to fuel surcharges and freight that is not.\1\
---------------------------------------------------------------------------
\1\ WCTL would further separate the data between interchange and
non-interchange traffic and would require data on mis-aligned
surcharge threshold recovery (i.e., when the base rate for the fuel
surcharge is below the fuel cost in the underlying rail rate, so
that the carrier is ``double-dipping''), as well as the amount of
fuel surcharge credits provided to shippers for months in which fuel
costs fall below the level at the time the existing rate was
established. Snavely argues that additional reporting would not
burden carriers because they already submit fuel cost data to the
Association of American Railroads as part of the Rail Cost
Adjustment Factor.
---------------------------------------------------------------------------
In addition, EEI and TOTAL ask the Board to direct that the report
reference a single fuel index and a single, objective source of
railroad miles. Snavely asks the Board to direct that the fuel
surcharge data also be reported in the Waybill Sample (in the
accessorial field) and to clarify that ``total fuel cost'' should
exclude gains or losses from fuel hedging.
The proposed rule was submitted to OMB for review as required under
the PRA, 5 U.S.C. 3507(d) and 5 CFR 1320.11. No comments were received
from OMB, which has tentatively approved the reporting requirement,
pending publication and review of the final rule. OMB has 60 days to
review the final rule. The Board will publish a separate notice of
OMB's final action. This collection has been assigned Control Number
2140-0014.\2\
---------------------------------------------------------------------------
\2\ Unless reapproved, OMB approval for this report expires 3
years after the date of approval of the final rules.
---------------------------------------------------------------------------
The Final Rule
Under 49 U.S.C. 10702, the Board has authority to address the
reasonableness of a rail carrier's practices. The Board also 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. This rule to require the Report of Fuel Cost, Consumption, and
Surcharge Revenues will provide an overall picture of the use of fuel
surcharges and will permit the Board to monitor the current fuel
surcharge practices of Class I carriers.
Scope of the Report
The four line items originally proposed are intended to reflect
aggregate data on fuel costs and fuel surcharge revenue. Although the
underlying ruling adopted in STB Ex Parte No. 661--that the use of
rate-based calculations to determine a fuel surcharge is an
unreasonable practice--is applicable only to regulated traffic, several
carriers argue that it would be unduly burdensome to require railroads
to segregate the fuel costs and revenue for regulated traffic. We can
discern no practical method for allocating fuel costs for regulated
traffic alone. Therefore, we will not require railroads to segregate
fuel costs.
However, upon further reflection and review of the comments
received, we believe that carriers should be required to segregate and
separately report the total fuel-surcharge revenue collected from
regulated traffic. Our decision to require these data is consistent
with our concerns, as detailed in our decisions in STB Ex Parte No.
661, regarding the potentially disparate impact of fuel surcharges on
regulated shippers. Requiring these additional data, as urged by
several commenters, will increase the utility of the report as a tool
for monitoring the use of these surcharges on regulated traffic and
should not unduly burden reporting railroads. This information should
be readily available to reporting railroads because railroads bill
shippers on an individual basis. If in practice this added requirement
is more burdensome for a carrier than we anticipate, that carrier may
bring that to our attention by seeking an individual exemption.
We also clarify that the costs reported in lines 1 and 3 should
include state fuel taxes, and that the revenue reported in line 4
should be the revenue billed in that period rather than the revenue
collected in that period.
Who Must Report
All Class I carriers, even those that impose no fuel surcharges on
regulated traffic, will be required to submit this report. This
approach will better enable the Board to monitor industry-wide fuel
surcharge practices. Moreover, unregulated traffic includes traffic
that has been exempted under 49 U.S.C. 10502. Were these reports to
suggest that a carrier was imposing fuel surcharges that over-recovered
for its actual fuel costs, a shipper could file a complaint asking the
Board to investigate and revoke an exemption under section 10502(d).
[[Page 45386]]
Frequency and Due Date of Reports
Based on the comments received, we will require these reports to be
submitted on a quarterly basis, due 30 days after the end of the
reporting period. As the railroads point out, these changes will make
this reporting requirement more consistent with other financial
reporting to the Board and to the SEC. These changes will decrease the
reporting burden on carriers while retaining the utility of the
reports. The aggregated nature of the data, combined with the longer
reporting interval, will provide a more useful and reliable regulatory
tool for monitoring the relationship between changes in revenues and
costs.
Suggestions To Require Additional Data
With the one exception noted above, we will not require carriers to
submit additional data in this report.\3\ The Fuel Surcharge Report is
intended to provide an overall picture of the use of fuel surcharges.
It is not intended as a substitute for evidence brought in an
individual case.
---------------------------------------------------------------------------
\3\ Any suggestion to add information on fuel surcharge data
into the Waybill Sample would be more properly addressed in a
petition for a rulemaking involving the Waybill Sample.
---------------------------------------------------------------------------
Regulatory Flexibility Analysis
The Board concludes 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
Railroads, Reporting and recordkeeping requirements.
Authority: 49 U.S.C. 721, 49 U.S.C. 11145.
Decided: August 8, 2007.
By the Board, Chairman Nottingham, Vice Chairman Buttrey, and
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
0
For the reasons set forth in the preamble, the Surface Transportation
Board amends part 1243 of title 49, chapter X, of the Code of Federal
Regulations as follows:
PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS
0
1. The authority citation for part 1243 continues to read as follows:
Authority: 49 U.S.C. 721, 49 U.S.C. 11145.
0
2. Add a new Sec. 1243.3 to read as follows:
Sec. 1243.3 Report of fuel cost, consumption, and surcharge revenue.
Commencing with reports for the 3 months beginning October 1, 2007,
all Class I railroads are required to file quarterly a Report of Fuel
Cost, Consumption, and Surcharge Revenue, in accordance with the
Board's reporting form. Such reports shall be filed, in duplicate, with
the Office of Economics, Environmental Analysis, and Administration,
Surface Transportation Board, Washington, DC 20423-0001, within 30 days
after the end of the quarter reported.
Appendix to Section 49 CFR 1243.3
OMB Control No. 2140-0014
Expires --------, 2010
Railroad Name ------------
[[Page 45387]]
Quarterly Report of Fuel Cost, Consumption, and Surcharge Revenue for
the Quarter Ending --------, 20----
[Instructions: The report shall contain data only for the reported
quarter. Cost and revenue are defined as accrued or earned that quarter.
The report shall be filed with the Surface Transportation Board on or
before 30 days after the end of that quarter.]
------------------------------------------------------------------------
Amount (in
Line No. Data (a) thousands) (b)
------------------------------------------------------------------------
1....................... Total fuel cost \1\......... ................
2....................... Total gallons of fuel ................
consumed \1\.
3....................... Total increase or decrease ................
in cost of fuel \2\.
4....................... Total revenue from fuel ................
surcharges \3\.
5....................... Revenue from fuel surcharges ................
on regulated traffic.
------------------------------------------------------------------------
\1\ Include fuel for freight, yard and work train locomotives. Include
fuel charged to train and yard service (function 67--Locomotive
Fuels). Include all other fuel used for railroad operations and
maintenance, including motor vehicles and power equipment not charged
to function 67--Locomotive Fuels.
\2\ Show the total increase or decrease in fuel cost over previous
quarter.
\3\ Show Fuel surcharges billed for all traffic (line 4) and for only
regulated traffic (line 5).
I, the undersigned, ------------, Title: ------------, state
that this report was prepared by me or under my supervision and that
I have carefully examined it and on the basis of my knowledge,
belief, and verification declare it to be full, true and correct.
Supplemental Information About the Fuel Surcharge Report
The following information is provided in compliance with OMB
requirements, pursuant to the Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.:
Information in this report is intended to permit the Board to
monitor the fuel surcharge practices of Class I carriers.
The estimated annual hourly, per respondent burden for filing
this report is 12 hours.
This report is mandatory for Class I carriers.
Information collected through this report is published on the
Board's website and is maintained by the agency for at least 2
years.
The display of a currently valid OMB control number for this
collection is required by law. Under 5 CFR 1320.5(b), persons are
not required to respond to this collection of information unless it
displays a currently valid OMB control number.
[FR Doc. E7-15863 Filed 8-13-07; 8:45 am]
BILLING CODE 4915-01-P
