Waybill Data Reporting for Toxic Inhalation Hazards, 5261-5263 [2010-2150]
Download as PDF
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules
List of Subjects in 49 CFR Part 107
F. Unfunded Mandates Reform Act of
1995
This proposed rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more, in the aggregate,
to any of the following: State, local, or
Native American tribal governments, or
the private sector.
G. Paperwork Reduction Act
Under 49 U.S.C. 5108(i), the
information management requirements
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.) do not apply to this
proposed rule.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document may be used
to cross-reference this action with the
Unified Agenda.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires Federal
agencies to consider the consequences
of major federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. There are no
significant environmental impacts
associated with this proposed rule.
PHMSA is proposing in this rule
changes to the requirements in the
Hazardous Materials Regulations on the
registration and fee assessment program
for persons who transport or offer for
transportation certain categories and
quantities of hazardous materials. The
proposed increase in registration fees
will provide additional funding for the
HMEP program to help mitigate the
safety and environmental consequences
of hazardous materials transportation
accidents.
erowe on DSKG8SOYB1PROD with PROPOSALS-1
J. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comments (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.regulations.gov.
VerDate Nov<24>2008
14:43 Feb 01, 2010
Jkt 220001
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Reporting and
recordkeeping requirements.
5261
Issued in Washington, DC, on January 28,
2010, under authority delegated in 49 CFR
part 106.
Magdy El-Sibaie,
Acting Associate Administrator for
Hazardous Materials Safety.
In consideration of the foregoing, we
propose to amend 49 CFR Part 107 as
follows:
[FR Doc. 2010–2174 Filed 2–1–10; 8:45 am]
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
DEPARTMENT OF TRANSPORTATION
1. The authority citation for part 107
continues to read as follows:
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4 (28 U.S.C. 2461
note); Pub. L. 104–121 sections 212–213;
Pub. L. 104–134 section 31001; 49 CFR 1.45,
1.53.
2. Revise § 107.612 to read as follows:
§ 107.612
Amount of fee.
(a) For the registration year 2010–
2011 and subsequent years, each person
offering for transportation or
transporting in commerce a material
listed in § 107.601(a) must pay an
annual registration fee, as follows:
(1) Small business. Each person that
qualifies as a small business, under
criteria specified in 13 CFR part 121
applicable to the North American
Industry Classification System (NAICS)
code that describes that person’s
primary commercial activity, must pay
an annual registration fee of $250 and
the processing fee required by paragraph
(a)(4) of this section.
(2) Not-for-profit organization. Each
not-for-profit organization must pay an
annual registration fee of $250 and the
processing fee required by paragraph
(a)(4) of this section. A not-for-profit
organization is an organization exempt
from taxation under 26 U.S.C. 501(a).
(3) Other than a small business or notfor-profit organization. Each person that
does not meet the criteria specified in
paragraph (a)(1) or (a)(2) of this section
must pay an annual registration fee of
$2,975 and the processing fee required
by paragraph (a)(4) of this section.
(4) Processing fee. The processing fee
is $25 for each registration statement
filed. A single statement may be filed for
one, two, or three registration years as
provided in § 107.616(c).
(b) For registration years 2009–2010
and prior years, each person offering for
transportation or transporting in
commerce a material listed in
§ 107.601(a) must pay the annual
registration fee, including the
processing fee, in effect for the specific
registration year.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
BILLING CODE 4910–60–P
Surface Transportation Board
49 CFR Part 1244
[STB Ex Parte No. 385 (Sub-No. 7)]
Waybill Data Reporting for Toxic
Inhalation Hazards
Surface Transportation Board.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Board proposes to amend
its rules with respect to Waybill Sample
information railroads are required to
submit to the Board. Currently, railroads
that are required to file Waybill Sample
information report a random sample of
as little as 1% of carloads on a waybill.
The proposed amendment, set forth
below, would expand the carload
Waybill Sample information submitted
to include all traffic movements
designated as a TIH (Toxic Inhalation
Hazard). The revised reporting would
commence with the January 2011
Waybill Sample collection.
DATES: Comments on this proposal are
due by March 4, 2010. Replies are due
by April 5, 2010.
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
attach a document and otherwise
comply with the instructions at the E–
FILING link on the Board’s Web site, at
https://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. 385 (SubNo. 7), 395 E Street, SW., Washington,
DC 20423–0001.
Copies of written comments received
by the Board will be posted to the
Board’s Web site at https://
www.stb.dot.gov and will be available
for viewing and self-copying in the
Board’s Public Docket Room, Suite 131,
395 E Street, SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Paul
Aguiar, (202) 245–0323. [Assistance for
the hearing impaired is available
through Federal Information Relay
Service (FIRS) at 1–800–877–8339.]
SUPPLEMENTARY INFORMATION: A carload
waybill is a document describing the
E:\FR\FM\02FEP1.SGM
02FEP1
erowe on DSKG8SOYB1PROD with PROPOSALS-1
5262
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules
characteristics of an individual rail
shipment, and includes the following
information: the originating and
terminating freight stations, the
railroads participating in the movement,
the points of all railroad interchanges,
the number of cars, the car initial and
number, the movement weight in
hundredweight, the commodity, and the
freight revenue. Under 49 CFR 1244.2,
a railroad is required to file Waybill
Sample information for all line-haul
revenue waybills terminating on its
lines if: (a) It terminated at least 4,500
revenue carloads in any of the 3
preceding years; or (b) it terminated at
least 5% of the revenue carloads
terminating in any state in any of the 3
preceding years. The Board recognizes
that some of the submitted information
is commercially sensitive, and thus the
Board’s regulations place limitations on
releasing Waybill Sample data. See 49
CFR 1244.9.
The Waybill Sample is the Board’s
primary source of information about
freight rail shipments terminating in the
United States. The expanded
information gathered from this proposed
rule would permit the Board to assess
more accurately TIH traffic within the
United States, and specifically would be
beneficial in Three-Benchmark rail rate
cases involving TIH traffic. In those
cases, the parties would have more data
to draw upon when forming their
comparison groups; therefore, the
parties could construct comparison
groups that would be more comparable
to the issue traffic.1 The additional
information would also assist the Board
in quantifying the magnitude of TIH
traffic, and would help the Board more
accurately measure the associated costs
of handling such traffic.
Pursuant to 5 U.S.C. 605(b), the Board
certifies that the regulations proposed
herein would not have a significant
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act of 1980, 5
U.S.C. 601–612. Most railroads that are
required to report Waybill Sample
information are not small entities. As
explained above, these reporting
requirements would apply only to
railroads that terminate a large number
of carloads. See 49 CFR 1244.2. Because
small entities (small railroads) typically
do not terminate the number of carloads
necessary to trigger the reporting
1 See
US Magnesium, L.L.C. v. Union Pacific
Railroad Company, STB Docket No. 42114, at 5–12
(STB served Jan. 28, 2010); Simplified Standards for
Rail Rate Cases, STB Docket No. 646 (Sub-No. 1),
at 82–84 (STB served Sept. 5, 2007), aff’d sub nom.
CSX Transp., Inc. v. STB, 568 F.3d 236 (D.C. Cir.
2009), and vacated in part on reh’g, CSX Transp.,
Inc. v. STB, 584 F.3d 1076 (D.C. Cir. 2009).
VerDate Nov<24>2008
14:43 Feb 01, 2010
Jkt 220001
requirement, any resulting impact
would not affect a substantial number of
that group. Moreover, any resulting
impact on small entities that report TIH
movements would not be significant.
The Board’s regulations allow for either
computerized or manual reporting. 49
CFR 1244.4(a). In the most recent
submission of Waybill Sample
information—representing 2008—all
railroads that reported TIH traffic did so
using a computerized system, and it is
likely that such computerized systems
are easily adaptable to expanding the
traffic to be reported under the proposed
rule. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration,
Washington, DC 20416.
Pursuant to the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501–3549, and
Office of Management and Budget
(OMB) regulations at 5 CFR
1320.8(d)(3), the Board seeks comments
regarding: (1) Whether this collection of
information, as modified in the
proposed rule and further described in
the Appendix, 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 the
Appendix. This proposed rule has been
submitted to OMB for review as
required under 44 U.S.C. 3507(d) and 5
CFR 1320.11.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Decided: January 27, 2010.
By the Board, Chairman Elliott, Vice
Chairman Mulvey, and Commissioner
Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
List of Subjects in 49 CFR Part 1244
Freight, Railroads, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, the Surface Transportation
Board proposes to amend part 1244 of
title 49, chapter X, of the Code of
Federal Regulations as follows:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4700
PART 1244—WAYBILL ANALYSIS OF
TRANSPORTATION OF PROPERTY—
RAILROADS
1. The authority citation for Part 1244
continues to read as follows:
Authority: 49 U.S.C. 721, 10707, 11144,
11145.
2. In § 1244.4, add paragraphs (b)(5)
and (c)(3) to read as follows:
§ 1244.4
Sampling of waybills.
*
*
*
*
*
(b) * * *
(5) Subject railroads shall submit all
waybill information for movements of
Toxic Inhalation Hazards (TIH). For
purposes of this section, TIH shall be
defined in accordance with 49 CFR
171.8, 173.115, and 173.132 to include
materials that, when inhaled, are known
or presumed on the basis of testing to
be so toxic to humans as to pose a
hazard to health in the event of a release
during transportation. These materials
include, but are not limited to,
hazardous materials listed at 49 CFR
172.101 as either Division 2.3 materials,
or Division 6.1 materials that can be
characterized as an inhalant under
§ 173.132.
(c) * * *
(3) Subject railroads shall submit all
waybill information for movements of
Toxic Inhalation Hazards (TIH). For
purposes of this section, TIH shall be
defined in accordance with 49 CFR
171.8, 173.115, and 173.132 to include
materials that, when inhaled, are known
or presumed on the basis of testing to
be so toxic to humans as to pose a
hazard to health in the event of a release
during transportation. These materials
include, but are not limited to,
hazardous materials listed at 49 CFR
172.101 as either Division 2.3 materials,
or Division 6.1 materials that can be
characterized as an inhalant under
§ 173.132.
*
*
*
*
*
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix
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: Waybill Sample.
OMB Control Number: 2140–0015.
STB Form Number: None.
Type of Review: Modification of approved
collection.
Respondents: Any railroad that did one of
the following: (a) Terminated at least 4,500
revenue carloads in any of the 3 preceding
years; or (b) terminated at least 5% of the
E:\FR\FM\02FEP1.SGM
02FEP1
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules
revenue carloads terminating in any state in
any of the 3 preceding years.
Number of Respondents: 50.
Estimated Time per Response: 75 minutes.
Frequency: 7 respondents report monthly;
43 report quarterly.
Total Burden Hours (annually including all
respondents): 320 hours.
Total ‘‘Non-hour Burden’’ Cost: No ‘‘nonhour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: The Surface
Transportation Board is, by statute,
responsible for the economic regulation of
common carrier rail transportation in the
United States and it is authorized to collect
information about rail costs and revenues
under 49 U.S.C. 11144 and 11145. Under 49
CFR 1244, a railroad is required to file
Waybill Sample information for all line-haul
revenue waybills terminating on its lines if
it did one of the following: (a) Terminated at
least 4,500 revenue carloads in any of the 3
preceding years; or (b) terminated at least 5%
of the revenue carloads terminating in any
state in any of the 3 preceding years. The
information in the Waybill Sample is used by
the Board, other Federal and state agencies,
and industry stakeholders to monitor traffic
flows and rate trends in the industry, and to
develop evidence in Board proceedings.
The expanded information gathered from
this proposed rule would permit the Board to
assess more accurately TIH traffic within the
United States, and specifically would be
beneficial in Three-Benchmark rail rate cases
involving TIH traffic. In those cases, the
parties would have more data to draw upon
when forming their comparison groups;
therefore, the parties could construct
comparison groups that would be more
comparable to the issue traffic. The
additional information would also assist the
Board in quantifying the magnitude of TIH
traffic, and would help the Board more
accurately measure the associated costs of
handling such traffic.
Retention Period: Information in this report
will be maintained on the Board’s Web site
for a minimum of 1 year and will be
otherwise maintained permanently.
[FR Doc. 2010–2150 Filed 2–1–10; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R4–ES–2008–0071; 92220–1113–
0000–C6]
erowe on DSKG8SOYB1PROD with PROPOSALS-1
RIN 1018—AW07
Endangered and Threatened Wildlife
and Plants; Proposed Reclassification
of the Okaloosa Darter From
Endangered to Threatened and
Proposed Special Rule
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
VerDate Nov<24>2008
14:43 Feb 01, 2010
Jkt 220001
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), propose to
reclassify the Okaloosa darter
(Etheostoma okaloosae) from
endangered to threatened under the
authority of the Endangered Species Act
of 1973, as amended (Act). The
endangered designation no longer
correctly reflects the current status of
this fish due to a substantial
improvement in the species’ status. This
proposed action is based on a thorough
review of the best available scientific
and commercial data, which indicates a
substantial reduction in threats to the
species, significant habitat restoration in
most of the species’ range, and a stable
or increasing trend of darters in all
darter stream systems. We also propose
a special rule under section 4(d) of the
Act. This special rule would allow Eglin
Air Force Base to continue activities,
with a reduced regulatory burden, and
would provide a net benefit to the
Okaloosa darter. We are seeking
information, data and comments from
the public on this proposal.
DATES: To ensure that we are able to
consider your comments on this
proposed rule, they must be received on
or before April 5, 2010. We must receive
requests for public hearings, in writing,
at the address shown in the FOR FURTHER
INFORMATION CONTACT section by March
19, 2010.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R4–ES–2008–0071.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R4–
ES–2008–0071; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Public Comments section below
for more information).
FOR FURTHER INFORMATION CONTACT: Don
Imm, Deputy Field Supervisor, U.S.
Fish and Wildlife Service, Panama City
Field Office, 1601 Balboa Ave., Panama
City, FL 32405; telephone (850) 769–
0552. Individuals who are hearingimpaired or speech-impaired may call
the Federal Information Relay Service at
(800) 877–8339 for TTY assistance 24
hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Public Comment Procedures
To ensure that any final action
resulting from this proposed rule will be
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
5263
as accurate and as effective as possible,
we request that you send relevant
information for our consideration. The
comments that will be most useful and
likely to influence our decisions are
those that are supported by data or peerreviewed studies and those that include
citations to, and analyses of, applicable
laws and regulations. Please make your
comments as specific as possible and
explain the basis for them. In addition,
please include sufficient information
with your comments to allow us to
authenticate any scientific or
commercial data you reference or
provide. In particular, we seek
comments concerning the following:
(1) Biological, trade, or other relevant
data concerning any threat (or lack
thereof) to the Okaloosa darter,
including whether or not climate change
is a threat to the Okaloosa darter;
(2) The location of any additional
populations of the Okaloosa darter;
(3) Additional information concerning
the range, distribution, and population
size and population trends of the
Okaloosa darter;
(4) Current or planned activities
within the geographic range of the
Okaloosa darter that may impact or
benefit the species including the
proposed toll bypass road; and
(5) Activities relevant to Okaloosa
darter and its habitat that are proposed
for inclusion in the special rule under
section 4(d) of the Act (16 U.S.C. 1531
et seq.).
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that a
determination as to whether any species
is a threatened or endangered species
must be made ‘‘solely on the basis of the
best scientific and commercial data
available.’’
Prior to issuing a final rule on this
proposed action, we will take into
consideration all comments and any
additional information we receive. Such
information may lead to a final rule that
differs from this proposal. All comments
and recommendations, including names
and addresses, will become part of the
administrative record.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. If you submit a
comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. Please note that
comments posted to this Web site are
E:\FR\FM\02FEP1.SGM
02FEP1
Agencies
[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Proposed Rules]
[Pages 5261-5263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2150]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1244
[STB Ex Parte No. 385 (Sub-No. 7)]
Waybill Data Reporting for Toxic Inhalation Hazards
AGENCY: Surface Transportation Board.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Board proposes to amend its rules with respect to Waybill
Sample information railroads are required to submit to the Board.
Currently, railroads that are required to file Waybill Sample
information report a random sample of as little as 1% of carloads on a
waybill. The proposed amendment, set forth below, would expand the
carload Waybill Sample information submitted to include all traffic
movements designated as a TIH (Toxic Inhalation Hazard). The revised
reporting would commence with the January 2011 Waybill Sample
collection.
DATES: Comments on this proposal are due by March 4, 2010. Replies are
due by April 5, 2010.
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 attach a document and otherwise comply with the instructions at
the E-FILING link on the Board's Web site, at https://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. 385 (Sub-No. 7), 395 E Street, SW., Washington, DC
20423-0001.
Copies of written comments received by the Board will be posted to
the Board's Web site at https://www.stb.dot.gov and will be available
for viewing and self-copying in the Board's Public Docket Room, Suite
131, 395 E Street, SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Paul Aguiar, (202) 245-0323.
[Assistance for the hearing impaired is available through Federal
Information Relay Service (FIRS) at 1-800-877-8339.]
SUPPLEMENTARY INFORMATION: A carload waybill is a document describing
the
[[Page 5262]]
characteristics of an individual rail shipment, and includes the
following information: the originating and terminating freight
stations, the railroads participating in the movement, the points of
all railroad interchanges, the number of cars, the car initial and
number, the movement weight in hundredweight, the commodity, and the
freight revenue. Under 49 CFR 1244.2, a railroad is required to file
Waybill Sample information for all line-haul revenue waybills
terminating on its lines if: (a) It terminated at least 4,500 revenue
carloads in any of the 3 preceding years; or (b) it terminated at least
5% of the revenue carloads terminating in any state in any of the 3
preceding years. The Board recognizes that some of the submitted
information is commercially sensitive, and thus the Board's regulations
place limitations on releasing Waybill Sample data. See 49 CFR 1244.9.
The Waybill Sample is the Board's primary source of information
about freight rail shipments terminating in the United States. The
expanded information gathered from this proposed rule would permit the
Board to assess more accurately TIH traffic within the United States,
and specifically would be beneficial in Three-Benchmark rail rate cases
involving TIH traffic. In those cases, the parties would have more data
to draw upon when forming their comparison groups; therefore, the
parties could construct comparison groups that would be more comparable
to the issue traffic.\1\ The additional information would also assist
the Board in quantifying the magnitude of TIH traffic, and would help
the Board more accurately measure the associated costs of handling such
traffic.
---------------------------------------------------------------------------
\1\ See US Magnesium, L.L.C. v. Union Pacific Railroad Company,
STB Docket No. 42114, at 5-12 (STB served Jan. 28, 2010); Simplified
Standards for Rail Rate Cases, STB Docket No. 646 (Sub-No. 1), at
82-84 (STB served Sept. 5, 2007), aff'd sub nom. CSX Transp., Inc.
v. STB, 568 F.3d 236 (D.C. Cir. 2009), and vacated in part on reh'g,
CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C. Cir. 2009).
---------------------------------------------------------------------------
Pursuant to 5 U.S.C. 605(b), the Board certifies that the
regulations proposed herein would not have a significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612. Most railroads
that are required to report Waybill Sample information are not small
entities. As explained above, these reporting requirements would apply
only to railroads that terminate a large number of carloads. See 49 CFR
1244.2. Because small entities (small railroads) typically do not
terminate the number of carloads necessary to trigger the reporting
requirement, any resulting impact would not affect a substantial number
of that group. Moreover, any resulting impact on small entities that
report TIH movements would not be significant. The Board's regulations
allow for either computerized or manual reporting. 49 CFR 1244.4(a). In
the most recent submission of Waybill Sample information--representing
2008--all railroads that reported TIH traffic did so using a
computerized system, and it is likely that such computerized systems
are easily adaptable to expanding the traffic to be reported under the
proposed rule. A copy of this decision will be served upon the Chief
Counsel for Advocacy, Office of Advocacy, U.S. Small Business
Administration, Washington, DC 20416.
Pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3549,
and Office of Management and Budget (OMB) regulations at 5 CFR
1320.8(d)(3), the Board seeks comments regarding: (1) Whether this
collection of information, as modified in the proposed rule and further
described in the Appendix, 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 the Appendix. This proposed rule has been submitted to OMB
for review as required under 44 U.S.C. 3507(d) and 5 CFR 1320.11.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: January 27, 2010.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and
Commissioner Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
List of Subjects in 49 CFR Part 1244
Freight, Railroads, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Surface
Transportation Board proposes to amend part 1244 of title 49, chapter
X, of the Code of Federal Regulations as follows:
PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS
1. The authority citation for Part 1244 continues to read as
follows:
Authority: 49 U.S.C. 721, 10707, 11144, 11145.
2. In Sec. 1244.4, add paragraphs (b)(5) and (c)(3) to read as
follows:
Sec. 1244.4 Sampling of waybills.
* * * * *
(b) * * *
(5) Subject railroads shall submit all waybill information for
movements of Toxic Inhalation Hazards (TIH). For purposes of this
section, TIH shall be defined in accordance with 49 CFR 171.8, 173.115,
and 173.132 to include materials that, when inhaled, are known or
presumed on the basis of testing to be so toxic to humans as to pose a
hazard to health in the event of a release during transportation. These
materials include, but are not limited to, hazardous materials listed
at 49 CFR 172.101 as either Division 2.3 materials, or Division 6.1
materials that can be characterized as an inhalant under Sec. 173.132.
(c) * * *
(3) Subject railroads shall submit all waybill information for
movements of Toxic Inhalation Hazards (TIH). For purposes of this
section, TIH shall be defined in accordance with 49 CFR 171.8, 173.115,
and 173.132 to include materials that, when inhaled, are known or
presumed on the basis of testing to be so toxic to humans as to pose a
hazard to health in the event of a release during transportation. These
materials include, but are not limited to, hazardous materials listed
at 49 CFR 172.101 as either Division 2.3 materials, or Division 6.1
materials that can be characterized as an inhalant under Sec. 173.132.
* * * * *
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix
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: Waybill Sample.
OMB Control Number: 2140-0015.
STB Form Number: None.
Type of Review: Modification of approved collection.
Respondents: Any railroad that did one of the following: (a)
Terminated at least 4,500 revenue carloads in any of the 3 preceding
years; or (b) terminated at least 5% of the
[[Page 5263]]
revenue carloads terminating in any state in any of the 3 preceding
years.
Number of Respondents: 50.
Estimated Time per Response: 75 minutes.
Frequency: 7 respondents report monthly; 43 report quarterly.
Total Burden Hours (annually including all respondents): 320
hours.
Total ``Non-hour Burden'' Cost: No ``non-hour cost'' burdens
associated with this collection have been identified.
Needs and Uses: The Surface Transportation Board is, by statute,
responsible for the economic regulation of common carrier rail
transportation in the United States and it is authorized to collect
information about rail costs and revenues under 49 U.S.C. 11144 and
11145. Under 49 CFR 1244, a railroad is required to file Waybill
Sample information for all line-haul revenue waybills terminating on
its lines if it did one of the following: (a) Terminated at least
4,500 revenue carloads in any of the 3 preceding years; or (b)
terminated at least 5% of the revenue carloads terminating in any
state in any of the 3 preceding years. The information in the
Waybill Sample is used by the Board, other Federal and state
agencies, and industry stakeholders to monitor traffic flows and
rate trends in the industry, and to develop evidence in Board
proceedings.
The expanded information gathered from this proposed rule would
permit the Board to assess more accurately TIH traffic within the
United States, and specifically would be beneficial in Three-
Benchmark rail rate cases involving TIH traffic. In those cases, the
parties would have more data to draw upon when forming their
comparison groups; therefore, the parties could construct comparison
groups that would be more comparable to the issue traffic. The
additional information would also assist the Board in quantifying
the magnitude of TIH traffic, and would help the Board more
accurately measure the associated costs of handling such traffic.
Retention Period: Information in this report will be maintained
on the Board's Web site for a minimum of 1 year and will be
otherwise maintained permanently.
[FR Doc. 2010-2150 Filed 2-1-10; 8:45 am]
BILLING CODE 4915-01-P