Accelerating Reporting Requirements for Class I Railroads, 39045-39049 [2015-15407]
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules
Information Collection
Title: Class I Railroad Annual Report
OMB Control Number: 2140–0009.
Form Number: R1.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: The
railroads currently spend no more than 800
hours preparing this report, including time
spent reviewing instructions; searching
existing data sources; gathering and
maintaining the data needed; completing and
reviewing the collection of information; and
converting the data from the carrier’s
individual accounting system to the Board’s
Uniform System of Accounts (USOA), which
ensures that the information will be
presented in a consistent format across all
reporting railroads, see 49 U.S.C. 11141–43,
11161–64, 49 CFR parts 1200 and 1201. The
proposed modifications would not increase
the hourly burden.
Frequency of Response: Annual.
Total Annual Hour Burden: No more than
5,600 hours.
Total Annual ‘‘Non-Hour Burden’’ Cost:
Respondents are currently required to submit
a signed hard copy of this report. We
estimate a total annual cost for all
respondents of $28. The proposed
modifications would not increase the cost
burden.
Needs and Uses: Annual reports are
required to be filed by Class I railroads under
49 U.S.C. 11145. The reports show operating
expenses and operating statistics of the
carriers. Operating expenses include costs for
right-of-way and structures, equipment, train
and yard operations, and general and
administrative expenses. Operating statistics
include such items as car-miles, revenue-tonmiles, and gross ton-miles. The reports are
used by the Board, other Federal agencies,
and industry groups to monitor and assess
railroad industry growth, financial stability,
traffic, and operations, and to identify
industry changes that may affect national
transportation policy. Information from this
report is also entered into the Board’s
Uniform Rail Costing System (URCS), which
is a cost measurement methodology. URCS,
which was developed by the Board pursuant
to 49 U.S.C. 11161, is used as a tool in rail
rate proceedings, in accordance with 49
U.S.C. 10707(d), to calculate the variable
costs associated with providing a particular
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service. The Board also uses this information
to more effectively carry out other of its
regulatory responsibilities, including: acting
on railroad requests for authority to engage
in Board-regulated financial transactions
such as mergers, acquisitions of control, and
consolidations, see 49 U.S.C. 11323–11324;
analyzing the information that the Board
obtains through the annual railroad industry
waybill sample, see 49 CFR part 1244;
measuring off-branch costs in railroad
abandonment proceedings, in accordance
with 49 CFR 1152.32(n); developing the ‘‘rail
cost adjustment factors,’’ in accordance with
49 U.S.C. 10708; and conducting
investigations and rulemakings.
Information from certain schedules
contained in these reports is compiled and
published on the Board’s Web site, https://
www.stb.dot.gov. Information in these reports
is not available from any other source.
[FR Doc. 2015–15402 Filed 7–7–15; 8:45 am]
BILLING CODE 4915–01–C
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1241, 1242, 1243, 1244,
1245, 1246, 1247, and 1248
[Docket No. EP 701]
Accelerating Reporting Requirements
for Class I Railroads
Surface Transportation Board.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Surface Transportation
Board (Board or STB) proposes to revise
its regulations to accelerate the filing
deadlines for eight reports submitted by
Class I railroads: Schedule 250 (required
under the Annual Report Form R–1);
Quarterly Condensed Balance Sheet
Forms (CBS); Quarterly Revenue,
Expenses, and Income Reports (RE&I);
Quarterly and Annual Wage Forms
A&B; Quarterly Reports of Fuel Cost,
Consumption, and Surcharge Revenue;
Quarterly and Annual Freight
Commodity Statistics Report Forms
(QCS); Annual Report of Cars Loaded
and Terminated (Form STB–54); and
Monthly Report of Number of
Employees (Form C).
SUMMARY:
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Comments on this proposed
rulemaking are due on or before August
7, 2015; reply comments are due by
September 8, 2015.
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 EFILING 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: Docket No. EP 701, 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.
Copies of the comments will also be
available (for a fee) by contacting the
Board’s Chief Records Officer at (202)
245–0238 or 395 E Street SW.,
Washington, DC 20423–0001.
FOR FURTHER INFORMATION CONTACT:
Pedro Ramirez, (202) 245–0333.
Assistance for the hearing impaired is
available through Federal Information
Relay Service (FIRS) at (800) 877–8339.
SUPPLEMENTARY INFORMATION: The Board
has authority to collect financial and
statistical data from Class I railroads as
necessary for the economic oversight of
the industry. 49 U.S.C. 721(b), 11145.
To this end, the Board’s regulations
require Class I railroads to submit
annual, quarterly, and monthly reports
containing financial and operating
statistics, including employment and
traffic data. 49 U.S.C. 11145; 49 CFR
parts 1241 through 1248. The data
collected is used by the Board in various
decisions as well as by other
governmental agencies and interested
parties in evaluating the railroad
industry.
The proposed changes to filing
deadlines would further facilitate the
DATES:
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Appendix B
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Board’s oversight of Class I railroads.
Earlier reporting of financial
information would also allow the Board
and the public to more quickly identify
and evaluate emerging trends, business
conditions, and issues related to Class I
railroads. The Board’s decisions
concerning revenue and expenses of the
railroads would be based on more
current information.
Many of the current reporting
deadlines have not been revised for over
four decades. For example, the filing
dates for Form RE&I and Form CBS have
not been modified since March 16,
1972. Since then, reporting and
information technology has improved,
allowing data to be more easily
compiled.
Proposed Filing Deadlines. The
proposed regulations would provide for
more timely filing deadlines:
(1) Schedule 250 would be required to
be filed with the Annual Report Form
R–1 by March 31 of the year following
the report year (49 CFR 1241.11),
instead of by April 30;
(2) Quarterly Report Forms RE&I (49
CFR 1243.1), CBS (49 CFR 1243.2), and
Report of Fuel Cost, Consumption, and
Surcharge Revenue (49 CFR 1243.3)
would be required to be filed within 15
days, instead of 30 days, after the end
of each quarter;
(3) Quarterly Wage Forms A & B
would be required to be filed 15 days
after the end of each quarter, instead of
30 days, and Annual Wage Forms A &
B would be required to be filed 30 days
after the end of each year, instead of 45
days (49 CFR 1245.2);1
(4) Quarterly and Annual Form QCS
would be required to be filed 30 days
after the end of each period for which
they are compiled, instead of 60 days
(49 CFR 1248.5);
(5) Form C would be required to be
filed 10 days after the end of each
month, instead of the current practice of
15 days (49 CFR 1246.1); 2 and
(6) Form STB–54 would be filed 60
days, instead of 90 days, after the end
of each year (49 CFR 1247.1).
The proposed regulations would also
amend the language in 49 CFR 1245.3(b)
to clarify that the number of employees
reported on Forms A & B should be
consistent with the number reported on
Form C, pursuant to part 1246.
1 The
form titles currently provided in 49 CFR
1245.2, ‘‘Form QRSC’’ and ‘‘Form ARSC’’ are
outdated. The form titles will be updated if the
Board adopts final rules in this proceeding.
2 The current regulations at 49 CFR 1246.1 state
that these reports are due ‘‘by the end of the month
to which it applies.’’ In practice, the Board has
accepted the report 15 days after the end of the
month. The form title, ‘‘Form MRRE’’ is also
outdated. The form title will be updated if the
Board adopts final rules in this proceeding.
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Similarly, the proposal would amend
the language in 49 CFR 1246.1 to clarify
the method by which carriers arrive at
the monthly average number of
employees. These changes codify the
current settled practice of the reporting
railroads. References to the ‘‘Interstate
Commerce Act’’ would be replaced with
‘‘part A of subtitle IV of title 49, United
States Code’’ 3 between 49 CFR parts
1241 and 1248 to accurately describe
the current controlling statute. We are
also proposing to eliminate the
requirement of railroads to file
‘‘duplicate’’ copies of reports. Because
railroads currently submit their reports
electronically, this eliminates the need
for hard copies to be filed. We are
proposing to remove this requirement,
with the exception of the Annual Report
Form R–1, which still requires hard
copies to be filed.
Only negligible additional burdens to
respondent railroads would be expected
as a result of the expedited deadlines
being proposed. Due to the availability
of more robust financial and statistical
reporting technology since the adoption
of the current Class I railroad reporting
requirements, the information requested
should be readily available for timely
filing under the proposed deadlines. In
addition, it is standard practice for
companies to compile and summarize
accounting transactions and financial
data on a monthly basis, if not more
frequently. Therefore, we anticipate that
more timely reporting of the required
information could be accomplished
with negligible additional burden on the
railroads.
Paperwork Reduction Act. 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 the revisions to the collections
of information proposed here are
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 assessment; (3) ways to enhance
the quality, utility, and clarity of the
information collected; and (4) ways to
minimize the burdens of the collections
of information on the respondents,
including the use of automated
collection techniques or other forms of
information technology, when
appropriate. The proposed revisions
described in this notice are being
submitted to OMB for review as
required under the PRA, 44 U.S.C.
3507(d) and OMB regulations at 5 CFR
1320.11. Comments received by the
Board regarding the information
collection will also be forwarded to
OMB for its review when the final rule
is published.
Regulatory Flexibility Act
Certification. 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. These
proposed rules will provide revised
reporting deadlines for financial and
statistical data for Class I railroads
(carriers having annual carrier operating
revenues of $250 million or more as
defined by 49 CFR part 1201, General
Instruction 1–1(a)). Based on the Small
Business Administration’s regulations at
13 CFR 121.201, none of the current
Class I railroads qualify as a small
business (1,500 or fewer employees for
line-haul railroads). Therefore, no small
entities would be subject to these
requirements. A copy of this decision is
being provided to the Chief Counsel for
Advocacy, Small Business
Administration.
This action will not significantly
affect the quality of the human
environment or the conservation of
energy resources.
It is ordered:
1. Comments on this proposal are due
by August 7, 2015; reply comments are
due by September 8, 2015.
2. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration.
3. Notice of this decision will be
published in the Federal Register.
4. This decision is effective on its
service date.
List of Subjects
49 CFR Part 1241
Railroads, Reporting and
recordkeeping requirements.
49 CFR Part 1242
Railroad and taxes.
49 CFR Part 1243
Railroads, Reporting and
recordkeeping requirements.
49 CFR Part 1244
Freight, Railroads, Reporting and
recordkeeping requirements.
49 CFR Part 1245
are the rail provisions of the Interstate
Commerce Act, as amended by the ICC Termination
Act of 1995.
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Railroad employees, Reporting and
recordkeeping requirements, Wages.
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49 CFR Part 1246
PART 1242—SEPARATION OF
COMMON OPERATING EXPENSES
BETWEEN FREIGHT SERVICE AND
PASSENGER SERVICE FOR
RAILROADS
Railroad employees, Reporting and
recordkeeping requirements.
49 CFR Part 1247
4. The authority citation for part 1242
continues to read as follows:
■
Freight, Railroads, Reporting and
recordkeeping requirements.
5. Amend § 1242.00 by revising
paragraph (a) to read as follows:
PART 1244—WAYBILL ANALYSIS OF
TRANSPORTATION OF PROPERTY—
RAILROADS
§ 1242.00 Separation of common operating
expenses.
■
■
Freight, Railroads, Reporting and
recordkeeping requirements, Statistics.
Decided: June 18, 2015.
By the Board, Acting Chairman Miller and
Vice Chairman Begeman.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the
preamble, the Surface Transportation
Board proposes to amend parts 1241,
1242, 1243, 1244, 1245, 1246, 1247, and
1248 of title 49, chapter X, of the Code
of Federal Regulations as follows:
PART 1241—ANNUAL, SPECIAL, OR
PERIODIC REPORTS—CARRIERS
SUBJECT TO PART A OF SUBTITLE IV
OF TITLE 49, UNITED STATES CODE
1. The authority citation for part 1241
continues to read as follows:
■
Authority: 49 U.S.C. 11145.
2. Revise § 1241.1 to read as follows:
§ 1241.1
Common carriers.
All common carriers subject to the
provisions of part A of subtitle IV of title
49, United States Code, and the owners
of all railroads engaged in interstate
commerce as therein defined, are
required to file in the office of the Board
on or before the 31st day of March in
each year, reports covering the
preceding year that is being reported,
giving the particulars called for in the
annual reports required by the Board of
said carriers and owners of railroads.
■ 3. Amend § 1241.11 by revising
paragraph (a) to read as follows:
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§ 1241.11 Annual reports of Class I
railroads.
(a) All line-haul railroad companies of
Class I, as defined in part 1201 of this
chapter, subject to part A of subtitle IV
of title 49, United States Code, are
required to file annual reports in
accordance with Railroad Annual
Report Form R–1. Such annual report
shall be filed in duplicate in the Office
of Economics, Surface Transportation
Board, Washington, DC 20423–0001, on
or before March 31 of the year following
the year which is being reported.
*
*
*
*
*
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Consumption, and Surcharge Revenue,
in accordance with the Board’s
reporting form. Such reports shall be
electronically submitted or filed with
the Office of Economics, Surface
Transportation Board, Washington, DC
20423–0001, within 15 days after the
end of each quarter reported.
Authority: 49 U.S.C. 721, 11142.
49 CFR Part 1248
■
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(a) All Class I railroad companies
including Class I switching and terminal
companies subject to part A of subtitle
IV of title 49, United States Code, shall
separate operating expenses common to
both freight service and passenger
service in accordance with the
regulation in this part.
*
*
*
*
*
PART 1243—QUARTERLY OPERATING
REPORTS—RAILROADS
6. The authority citation for part 1243
continues to read as follows:
■
Authority: 49 U.S.C. 721, 11145.
■
7. Revise § 1243.1 to read as follows:
§ 1243.1
Revenues, expenses and income.
All Class I railroads, except switching
and terminal companies, subject to the
provisions of part A of subtitle IV of title
49, United States Code, are required to
compile and file quarterly reports of
revenues, expenses and income in
accordance with Form RE&I, and
instructions thereon. Such quarterly
reports shall be electronically submitted
or filed in the Office of Economics,
Surface Transportation Board,
Washington, DC 20423–0001, within 15
days after the end of each quarter to
which they relate.
■ 8. Revise § 1243.2 to read as follows:
§ 1243.2
Condensed balance sheet.
All Class I railroads, except switching
and terminal companies, subject to the
provisions of part A of subtitle IV of title
49, United States Code, are required to
compile and file quarterly reports of
balance sheet items in accordance with
Form CBS, and instructions thereon.
Such quarterly reports shall be
electronically submitted or filed with
the Office of Economics, Surface
Transportation Board, Washington, DC
20423–0001, within 15 days after the
end of each quarter to which they relate.
■ 9. Revise § 1243.3 to read as follows:
§ 1243.3 Report of fuel cost, consumption,
and surcharge revenue.
All Class I railroads are required to
file quarterly a Report of Fuel Cost,
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10. The authority citation for part
1244 continues to read as follows:
Authority: 49 U.S.C. 721, 10707, 11144,
11145.
11. Revise § 1244.1(a) to read as
follows:
■
§ 1244.1
Definitions.
(a) Railroad–an individual railroad or
terminal company subject to part A of
subtitle IV of title 49, United States
Code, and every receiver, trustee,
executor, administrator or assignee of
any such railroad. If a railroad and its
railroad subsidiaries report to the Board
on a consolidated basis, they would
collectively be considered as a railroad.
*
*
*
*
*
PART 1245—CLASSIFICATION OF
RAILROAD EMPLOYEES; REPORTS
OF SERVICE AND COMPENSATION
12. The authority citation for part
1245 continues to read as follows:
■
Authority: 49 U.S.C. 721, 11145.
■
13. Revise § 1245.2 to read as follows:
§ 1245.2 Reports of railroad employees,
service and compensation.
All Class I railroads are required to
file a Quarterly Report of Railroad
Employees, Service, and Compensation,
(Quarterly Forms A & B). In addition,
such carriers shall also file an Annual
Report of Railroad Employees, Service,
and Compensation, (Annual Forms A &
B) for each calendar year. Both reports
shall be electronically submitted or filed
with the Office of Economics, Surface
Transportation Board, Washington, DC
20423–0001. The quarterly report shall
be filed within 15 days after the end of
each calendar quarter. The annual
report shall be filed within 30 days after
the end of each reporting year.
■ 14. Revise § 1245.3(b) to read as
follows:
§ 1245.3 Employees; definition, service
hours, and compensation.
*
*
*
*
*
(b) Counting employees. Because the
number of employees fluctuates, carriers
are required to classify and count all of
their employees on a monthly basis,
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consistent with the data reported in
accordance with § 1246.1 of this
chapter.
*
*
*
*
*
PART 1246—NUMBER OF RAILROAD
EMPLOYEES
15. The authority citation for part
1246 continues to read as follows:
■
Authority: 49 U.S.C. 721, 11145.
■
16. Revise § 1246.1 to read as follows:
§ 1246.1 Monthly report of number of
railroad employees.
Each Class I railroad shall file a
Monthly Report of Number of Railroad
Employees (Form C) each month. The
number reported should represent the
average of the actual count at the
beginning of the reported month and the
actual count at the end of the month.
The report should be electronically
submitted or mailed to Office of
Economics, Surface Transportation
Board, Washington, DC 20423–0001, 10
days after the end of each month to
which it applies.
PART 1247—REPORT OF CARS
LOADED AND CARS TERMINATED
17. The authority citation for part
1247 continues to read as follows:
Authority: 49 U.S.C. 721, 10707, 11144,
11145.
18. Revise § 1247.1 to read as follows:
§ 1247.1 Annual Report of Cars Loaded
and Cars Terminated.
Each Class I railroad shall file Form
STB–54, Annual Report of Cars Loaded
and Cars Terminated, together with the
accompanying certification, with the
Office of Economics (OE), Surface
Transportation Board, Washington, DC
20243–0001, within 60 days after the
end of each reporting year. Blank forms
and instructions are available on the
Board’s Web site (https://
www.stb.dot.gov) or can be obtained by
contacting OE.
PART 1248—FREIGHT COMMODITY
STATISTICS
19. The authority citation for part
1248 continues to read as follows:
■
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Authority: 49 U.S.C. 721, 11144, and
11145.
■
20. Revise § 1248.1 to read as follows:
§ 1248.1
Freight commodity statistics.
All Class I railroads, as described in
part 1201 of this chapter, subject to part
A of subtitle IV of title 49, United States
Code, shall compile and report freight
commodity statistics on the basis of the
commodity codes named in § 1248.101.
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§ 1248.5
Report forms and date of filing.
(a) Reports required from Class I
carriers by this section shall be
electronically submitted or filed with
the Office of Economics, Surface
Transportation Board, Washington, DC
20423–0001, on forms which will be
furnished to the carriers. Data required
under § 1248.2 shall be filed on Form
QCS on or before the 30th day
succeeding the close of each period for
which they are compiled.
(b) [Reserved]
Note to § 1248.5: The outline of Report
Form QCS follows the tenor of the order.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix—Collection Number 1
■
■
Carriers shall report quarterly and
annually on the basis of the 3, 4 and 5digit commodity codes named in that
section. Such reports shall be made in
conformity with the outline of terms set
forth in §§ 1248.2 through 1248.5, as
supplemented by instructions included
in the appropriate report form to be
supplied to the reporting railroads.
■ 21. Revise § 1248.5 to read as follows:
Title: Class I Railroad Annual Report.
OMB Control Number: 2140–0009.
Form Number: R1.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time Per Response: The
railroads currently spend no more than 800
hours preparing the Annual Report Form R–
1, including time spent reviewing
instructions; searching existing data sources;
gathering and maintaining the data needed;
completing and reviewing the collection of
information; and converting the data from the
carrier’s individual accounting system to the
Board’s Uniform System of Accounts
(USOA), which ensures that the information
will be presented in a consistent format
across all reporting railroads, see 49 U.S.C.
11141–43, 11161–64, 49 CFR parts 1200 and
1201. The proposed modification would be
limited to a change in the due date for the
Report’s Schedule 250 and would not
increase the hourly burden.
Frequency of Response: Annual.
Total Annual Hour Burden: No more than
5,600 hours.
Total Annual ‘‘Non-Hour Burden’’ Cost:
Respondents are currently required to submit
a signed hard copy of this report. We
estimate a total annual cost for all
respondents of $28. The proposed
modification will not increase the cost
burden.
Needs and Uses: Annual reports are
required to be filed by Class I railroads under
49 U.S.C. 11145. The reports show operating
expenses and operating statistics of the
carriers. Operating expenses include costs for
right-of-way and structures, equipment, train
and yard operations, and general and
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administrative expenses. Operating statistics
include such items as car-miles, revenue-tonmiles, and gross ton-miles. The reports are
used by the Board, other Federal agencies,
and industry groups to monitor and assess
railroad industry growth, financial stability,
traffic, and operations, and to identify
industry changes that may affect national
transportation policy. The annual reports
also contain multiple schedules. One of these
schedules is the Schedule 250 (required
under the Annual Report Form R–1). The
Schedule 250 data is used to compute the
rate of return on net investment (ROI) for the
Class I Railroads, which is used in annual
determination of railroad revenue adequacy.
See 49 U.S.C. 10704(a)(3); Standards for
Railroad Revenue Adequacy, 364 I.C.C. 803
(1981); Standards for Railroad Revenue
Adequacy, 3 I.C.C. 2d 261 (1986); and
Supplemental Reporting of Consolidated
Information for Revenue Adequacy, 5 I.C.C.
2d 65 (1988). The only modification being
made to the annual report is the modification
of the due date for Schedule 250. Receiving
this data at the earlier date would enable the
Board to expedite the Board’s revenueadequacy determinations. This change in due
date was made possible by the improvements
in technology. No other changes to this
collection are being made.
Information from certain schedules
contained in these reports is compiled and
published on the Board’s Web site, https://
www.stb.dot.gov/stb/industry/econ_
reports.html. Information in these reports is
not available from any other source.
Collection Number 2
Title: Quarterly Report of Revenues,
Expenses, and Income—Railroads (Form
RE&I).
OMB Control Number: 2140–0013.
Form Number: None.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 6 hours.
Frequency of Response: Quarterly.
Total Annual Hour Burden: 168 hours.
Total Annual ‘‘Non Hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: This collection is a report
of railroad operating revenues, operating
expenses and income items; it is a profit and
loss statement, disclosing net railway
operating income on a quarterly and year-todate basis for the current and prior years. See
49 CFR 1243.1. The Board uses the
information in this report to ensure
competitive, efficient, and safe transportation
through general oversight programs that
monitor and forecast the financial and
operating condition of railroads, and through
regulation of railroad rate and service issues
and rail restructuring proposals, including
railroad mergers, consolidations, acquisitions
of control, and abandonments. Information
from these reports is used by the Board, other
Federal agencies, and industry groups to
monitor and assess industry growth and
operations, detect changes in carrier financial
stability, and identify trends that may affect
the national transportation system. Some of
E:\FR\FM\08JYP1.SGM
08JYP1
Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules
the information from these reports is
compiled by the Board in our quarterly
Selected Earnings Data Report, which is
published on the Board’s Web site, https://
www.stb.dot.gov. The information contained
in these reports is not available from any
other source.
srobinson on DSK5SPTVN1PROD with PROPOSALS
Collection Number 3
Title: Quarterly Condensed Balance
Sheet—Railroads (Form CBS).
OMB Control Number: 2140–0012.
Form Number: None.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 6 hours.
Frequency of Response: Quarterly.
Total Annual Hour Burden: 168 hours.
Total Annual ‘‘Non-Hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: This collection shows the
balance (quarterly and cumulative) for the
current and prior year of the carrier’s assets
and liabilities, gross capital expenditures,
and revenue tons carried. See 49 CFR 1243.2.
The Board uses the information in this report
to ensure competitive, efficient, and safe
transportation through general oversight
programs that monitor and forecast the
financial and operating condition of
railroads, and through specific regulation of
railroad rate and service issues and rail
restructuring proposals, including railroad
mergers, consolidations, acquisitions of
control, and abandonments. Information from
these reports is used by the Board, other
Federal agencies, and industry groups to
assess industry growth and operations, detect
changes in carrier financial stability, and
identify trends that may affect the national
transportation system. Revenue ton-miles,
which are reported in these reports, are
compiled and published by the Board in its
quarterly Selected Earnings Data Report,
which is published on the Board’s Web site,
https://www.stb.dot.gov. The information
contained in these reports is not available
from any other source.
Collection Number 4
Title: Report of Railroad Employees,
Service and Compensation (Wage Forms A
and B).
OMB Control Number: 2140–0004.
Form Number: None.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 8.
Estimated Time per Response: No more
than 30 hours per quarterly report and 40
hours per annual summation.
Frequency of Response: Quarterly, with an
annual summation.
Total Annual Hour Burden: No more than
1280 hours.
Total Annual ‘‘Non-Hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: This collection shows the
number of employees, service hours, and
VerDate Sep<11>2014
15:15 Jul 07, 2015
Jkt 235001
compensation, by employee group (e.g.,
executive, professional, maintenance-of-way
and maintenance of equipment, and
transportation), of the reporting railroads. See
49 CFR part 1245. The information is used
by the Board to forecast labor costs and
measure the efficiency of the reporting
railroads. The information is also used by the
Board to evaluate proposed regulated
transactions that may impact rail employees,
including mergers and consolidations,
acquisitions of control, purchases, and
abandonments. Other Federal agencies and
industry groups, including the Railroad
Retirement Board, Bureau of Labor Statistics,
and Association of American Railroads, use
the information contained in the reports to
monitor railroad operations. Certain
information from these reports is compiled
and published on the Board’s Web site,
https://www.stb.dot.gov. The information
contained in these reports is not available
from any other source.
Collection Number 5
Title: Monthly Report of Number of
Employees of Class I Railroads (Form C).
OMB Control Number: 2140–0007.
Form Number: None.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 8.
Estimated Time per Response: 1.25 hours.
Frequency of Response: Monthly.
Total Annual Hour Burden: 120 hours.
Total Annual ‘‘Non-Hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: This collection shows, for
each reporting carrier, the average number of
employees at mid-month in the six jobclassification groups that encompass all
railroad employees. See 49 CFR part 1246.
The information is used by the Board to
forecast labor costs and measure the
efficiency of the reporting railroads. The
information is also used by the Board to
evaluate the impact on rail employees of
proposed regulated transactions, including
mergers and consolidations, acquisitions of
control, purchases, and abandonments. Other
Federal agencies and industry groups,
including the Railroad Retirement Board,
Bureau of Labor Statistics, and Association of
American Railroads, use the information
contained in these reports to monitor railroad
operations. Certain information from these
reports is compiled and published on the
Board’s Web site, https://www.stb.dot.gov.
The information contained in these reports is
not available from any other source.
Collection Number 6
Title: Annual Report of Cars Loaded and
Cars Terminated.
OMB Control Number: 2140–0011.
Form Number: Form STB–54.
Type of Review: Revision of a currently
approved collection.
Number of Respondents: 7.
Estimated Time per Response: 4 hours.
Frequency of Response: Annual.
Total Annual Hour Burden: 28 hours.
PO 00000
Frm 00060
Fmt 4702
Sfmt 9990
39049
Total Annual ‘‘Non Hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: This collection reports the
number of cars loaded and cars terminated
on the reporting carrier’s line. See 49 CFR
part 1247. Information in this report is
entered into the Board’s URCS, the uses of
which are explained under Collection
Number 1. There is no other source for the
information contained in this report.
Collection Number 7
Title: Quarterly Report of Freight
Commodity Statistics (Form QCS).
OMB Control Number: 2140–0001.
Form Number: None.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 217 hours.
Frequency of Response: Quarterly, with an
annual summation.
Total Annual Hour Burden: 7,595 hours
annually.
Total Annual ‘‘Non-Hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated with this
collection have been identified.
Needs and Uses: This collection, which is
based on information contained in carload
waybills used by railroads in the ordinary
course of business, reports car loadings and
total revenues by commodity code for each
commodity that moved on the railroad
during the reporting period. See 49 CFR part
1248. Information in this report is entered
into the Board’s URCS, the uses of which are
explained under Collection Number 1. There
is no other source for the information
contained in this report.
Collection Number 8
Title: Report of Fuel Cost, Consumption,
and Surcharge Revenue.
OMB Control Number: 2140–0014.
STB Form Number: None.
Type of Review: Revision of a currently
approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 1 hour.
Frequency: Quarterly.
Total Burden Hours (annually including all
respondents): 28 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 monitor the
current fuel surcharge practices of Class I
carriers. The Board has authority to collect
information about rail costs and revenues
under 49 U.S.C. 11144 and 11145.
[FR Doc. 2015–15407 Filed 7–7–15; 8:45 am]
BILLING CODE 4915–01–P
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]]>Agencies
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Proposed Rules]
[Pages 39045-39049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15407]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1241, 1242, 1243, 1244, 1245, 1246, 1247, and 1248
[Docket No. EP 701]
Accelerating Reporting Requirements for Class I Railroads
AGENCY: Surface Transportation Board.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board or STB) proposes to
revise its regulations to accelerate the filing deadlines for eight
reports submitted by Class I railroads: Schedule 250 (required under
the Annual Report Form R-1); Quarterly Condensed Balance Sheet Forms
(CBS); Quarterly Revenue, Expenses, and Income Reports (RE&I);
Quarterly and Annual Wage Forms A&B; Quarterly Reports of Fuel Cost,
Consumption, and Surcharge Revenue; Quarterly and Annual Freight
Commodity Statistics Report Forms (QCS); Annual Report of Cars Loaded
and Terminated (Form STB-54); and Monthly Report of Number of Employees
(Form C).
DATES: Comments on this proposed rulemaking are due on or before August
7, 2015; reply comments are due by September 8, 2015.
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:
Docket No. EP 701, 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. Copies of the comments will also
be available (for a fee) by contacting the Board's Chief Records
Officer at (202) 245-0238 or 395 E Street SW., Washington, DC 20423-
0001.
FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245-0333.
Assistance for the hearing impaired is available through Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: The Board has authority to collect financial
and statistical data from Class I railroads as necessary for the
economic oversight of the industry. 49 U.S.C. 721(b), 11145. To this
end, the Board's regulations require Class I railroads to submit
annual, quarterly, and monthly reports containing financial and
operating statistics, including employment and traffic data. 49 U.S.C.
11145; 49 CFR parts 1241 through 1248. The data collected is used by
the Board in various decisions as well as by other governmental
agencies and interested parties in evaluating the railroad industry.
The proposed changes to filing deadlines would further facilitate
the
[[Page 39046]]
Board's oversight of Class I railroads. Earlier reporting of financial
information would also allow the Board and the public to more quickly
identify and evaluate emerging trends, business conditions, and issues
related to Class I railroads. The Board's decisions concerning revenue
and expenses of the railroads would be based on more current
information.
Many of the current reporting deadlines have not been revised for
over four decades. For example, the filing dates for Form RE&I and Form
CBS have not been modified since March 16, 1972. Since then, reporting
and information technology has improved, allowing data to be more
easily compiled.
Proposed Filing Deadlines. The proposed regulations would provide
for more timely filing deadlines:
(1) Schedule 250 would be required to be filed with the Annual
Report Form R-1 by March 31 of the year following the report year (49
CFR 1241.11), instead of by April 30;
(2) Quarterly Report Forms RE&I (49 CFR 1243.1), CBS (49 CFR
1243.2), and Report of Fuel Cost, Consumption, and Surcharge Revenue
(49 CFR 1243.3) would be required to be filed within 15 days, instead
of 30 days, after the end of each quarter;
(3) Quarterly Wage Forms A & B would be required to be filed 15
days after the end of each quarter, instead of 30 days, and Annual Wage
Forms A & B would be required to be filed 30 days after the end of each
year, instead of 45 days (49 CFR 1245.2);\1\
---------------------------------------------------------------------------
\1\ The form titles currently provided in 49 CFR 1245.2, ``Form
QRSC'' and ``Form ARSC'' are outdated. The form titles will be
updated if the Board adopts final rules in this proceeding.
---------------------------------------------------------------------------
(4) Quarterly and Annual Form QCS would be required to be filed 30
days after the end of each period for which they are compiled, instead
of 60 days (49 CFR 1248.5);
(5) Form C would be required to be filed 10 days after the end of
each month, instead of the current practice of 15 days (49 CFR 1246.1);
\2\ and
---------------------------------------------------------------------------
\2\ The current regulations at 49 CFR 1246.1 state that these
reports are due ``by the end of the month to which it applies.'' In
practice, the Board has accepted the report 15 days after the end of
the month. The form title, ``Form MRRE'' is also outdated. The form
title will be updated if the Board adopts final rules in this
proceeding.
---------------------------------------------------------------------------
(6) Form STB-54 would be filed 60 days, instead of 90 days, after
the end of each year (49 CFR 1247.1).
The proposed regulations would also amend the language in 49 CFR
1245.3(b) to clarify that the number of employees reported on Forms A &
B should be consistent with the number reported on Form C, pursuant to
part 1246. Similarly, the proposal would amend the language in 49 CFR
1246.1 to clarify the method by which carriers arrive at the monthly
average number of employees. These changes codify the current settled
practice of the reporting railroads. References to the ``Interstate
Commerce Act'' would be replaced with ``part A of subtitle IV of title
49, United States Code'' \3\ between 49 CFR parts 1241 and 1248 to
accurately describe the current controlling statute. We are also
proposing to eliminate the requirement of railroads to file
``duplicate'' copies of reports. Because railroads currently submit
their reports electronically, this eliminates the need for hard copies
to be filed. We are proposing to remove this requirement, with the
exception of the Annual Report Form R-1, which still requires hard
copies to be filed.
---------------------------------------------------------------------------
\3\ These are the rail provisions of the Interstate Commerce
Act, as amended by the ICC Termination Act of 1995.
---------------------------------------------------------------------------
Only negligible additional burdens to respondent railroads would be
expected as a result of the expedited deadlines being proposed. Due to
the availability of more robust financial and statistical reporting
technology since the adoption of the current Class I railroad reporting
requirements, the information requested should be readily available for
timely filing under the proposed deadlines. In addition, it is standard
practice for companies to compile and summarize accounting transactions
and financial data on a monthly basis, if not more frequently.
Therefore, we anticipate that more timely reporting of the required
information could be accomplished with negligible additional burden on
the railroads.
Paperwork Reduction Act. 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 the revisions to the collections of information proposed
here are 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 assessment; (3) ways to enhance the
quality, utility, and clarity of the information collected; and (4)
ways to minimize the burdens of the collections of information on the
respondents, including the use of automated collection techniques or
other forms of information technology, when appropriate. The proposed
revisions described in this notice are being submitted to OMB for
review as required under the PRA, 44 U.S.C. 3507(d) and OMB regulations
at 5 CFR 1320.11. Comments received by the Board regarding the
information collection will also be forwarded to OMB for its review
when the final rule is published.
Regulatory Flexibility Act Certification. 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. These proposed
rules will provide revised reporting deadlines for financial and
statistical data for Class I railroads (carriers having annual carrier
operating revenues of $250 million or more as defined by 49 CFR part
1201, General Instruction 1-1(a)). Based on the Small Business
Administration's regulations at 13 CFR 121.201, none of the current
Class I railroads qualify as a small business (1,500 or fewer employees
for line-haul railroads). Therefore, no small entities would be subject
to these requirements. A copy of this decision is being provided to the
Chief Counsel for Advocacy, Small Business Administration.
This action will not significantly affect the quality of the human
environment or the conservation of energy resources.
It is ordered:
1. Comments on this proposal are due by August 7, 2015; reply
comments are due by September 8, 2015.
2. A copy of this decision will be served upon the Chief Counsel
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
3. Notice of this decision will be published in the Federal
Register.
4. This decision is effective on its service date.
List of Subjects
49 CFR Part 1241
Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1242
Railroad and taxes.
49 CFR Part 1243
Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1244
Freight, Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1245
Railroad employees, Reporting and recordkeeping requirements,
Wages.
[[Page 39047]]
49 CFR Part 1246
Railroad employees, Reporting and recordkeeping requirements.
49 CFR Part 1247
Freight, Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1248
Freight, Railroads, Reporting and recordkeeping requirements,
Statistics.
Decided: June 18, 2015.
By the Board, Acting Chairman Miller and Vice Chairman Begeman.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the preamble, the Surface
Transportation Board proposes to amend parts 1241, 1242, 1243, 1244,
1245, 1246, 1247, and 1248 of title 49, chapter X, of the Code of
Federal Regulations as follows:
PART 1241--ANNUAL, SPECIAL, OR PERIODIC REPORTS--CARRIERS SUBJECT
TO PART A OF SUBTITLE IV OF TITLE 49, UNITED STATES CODE
0
1. The authority citation for part 1241 continues to read as follows:
Authority: 49 U.S.C. 11145.
0
2. Revise Sec. 1241.1 to read as follows:
Sec. 1241.1 Common carriers.
All common carriers subject to the provisions of part A of subtitle
IV of title 49, United States Code, and the owners of all railroads
engaged in interstate commerce as therein defined, are required to file
in the office of the Board on or before the 31st day of March in each
year, reports covering the preceding year that is being reported,
giving the particulars called for in the annual reports required by the
Board of said carriers and owners of railroads.
0
3. Amend Sec. 1241.11 by revising paragraph (a) to read as follows:
Sec. 1241.11 Annual reports of Class I railroads.
(a) All line-haul railroad companies of Class I, as defined in part
1201 of this chapter, subject to part A of subtitle IV of title 49,
United States Code, are required to file annual reports in accordance
with Railroad Annual Report Form R-1. Such annual report shall be filed
in duplicate in the Office of Economics, Surface Transportation Board,
Washington, DC 20423-0001, on or before March 31 of the year following
the year which is being reported.
* * * * *
PART 1242--SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT
SERVICE AND PASSENGER SERVICE FOR RAILROADS
0
4. The authority citation for part 1242 continues to read as follows:
Authority: 49 U.S.C. 721, 11142.
0
5. Amend Sec. 1242.00 by revising paragraph (a) to read as follows:
Sec. 1242.00 Separation of common operating expenses.
(a) All Class I railroad companies including Class I switching and
terminal companies subject to part A of subtitle IV of title 49, United
States Code, shall separate operating expenses common to both freight
service and passenger service in accordance with the regulation in this
part.
* * * * *
PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS
0
6. The authority citation for part 1243 continues to read as follows:
Authority: 49 U.S.C. 721, 11145.
0
7. Revise Sec. 1243.1 to read as follows:
Sec. 1243.1 Revenues, expenses and income.
All Class I railroads, except switching and terminal companies,
subject to the provisions of part A of subtitle IV of title 49, United
States Code, are required to compile and file quarterly reports of
revenues, expenses and income in accordance with Form RE&I, and
instructions thereon. Such quarterly reports shall be electronically
submitted or filed in the Office of Economics, Surface Transportation
Board, Washington, DC 20423-0001, within 15 days after the end of each
quarter to which they relate.
0
8. Revise Sec. 1243.2 to read as follows:
Sec. 1243.2 Condensed balance sheet.
All Class I railroads, except switching and terminal companies,
subject to the provisions of part A of subtitle IV of title 49, United
States Code, are required to compile and file quarterly reports of
balance sheet items in accordance with Form CBS, and instructions
thereon. Such quarterly reports shall be electronically submitted or
filed with the Office of Economics, Surface Transportation Board,
Washington, DC 20423-0001, within 15 days after the end of each quarter
to which they relate.
0
9. Revise Sec. 1243.3 to read as follows:
Sec. 1243.3 Report of fuel cost, consumption, and surcharge revenue.
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 electronically submitted
or filed with the Office of Economics, Surface Transportation Board,
Washington, DC 20423-0001, within 15 days after the end of each quarter
reported.
PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS
0
10. The authority citation for part 1244 continues to read as follows:
Authority: 49 U.S.C. 721, 10707, 11144, 11145.
0
11. Revise Sec. 1244.1(a) to read as follows:
Sec. 1244.1 Definitions.
(a) Railroad-an individual railroad or terminal company subject to
part A of subtitle IV of title 49, United States Code, and every
receiver, trustee, executor, administrator or assignee of any such
railroad. If a railroad and its railroad subsidiaries report to the
Board on a consolidated basis, they would collectively be considered as
a railroad.
* * * * *
PART 1245--CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE
AND COMPENSATION
0
12. The authority citation for part 1245 continues to read as follows:
Authority: 49 U.S.C. 721, 11145.
0
13. Revise Sec. 1245.2 to read as follows:
Sec. 1245.2 Reports of railroad employees, service and compensation.
All Class I railroads are required to file a Quarterly Report of
Railroad Employees, Service, and Compensation, (Quarterly Forms A & B).
In addition, such carriers shall also file an Annual Report of Railroad
Employees, Service, and Compensation, (Annual Forms A & B) for each
calendar year. Both reports shall be electronically submitted or filed
with the Office of Economics, Surface Transportation Board, Washington,
DC 20423-0001. The quarterly report shall be filed within 15 days after
the end of each calendar quarter. The annual report shall be filed
within 30 days after the end of each reporting year.
0
14. Revise Sec. 1245.3(b) to read as follows:
Sec. 1245.3 Employees; definition, service hours, and compensation.
* * * * *
(b) Counting employees. Because the number of employees fluctuates,
carriers are required to classify and count all of their employees on a
monthly basis,
[[Page 39048]]
consistent with the data reported in accordance with Sec. 1246.1 of
this chapter.
* * * * *
PART 1246--NUMBER OF RAILROAD EMPLOYEES
0
15. The authority citation for part 1246 continues to read as follows:
Authority: 49 U.S.C. 721, 11145.
0
16. Revise Sec. 1246.1 to read as follows:
Sec. 1246.1 Monthly report of number of railroad employees.
Each Class I railroad shall file a Monthly Report of Number of
Railroad Employees (Form C) each month. The number reported should
represent the average of the actual count at the beginning of the
reported month and the actual count at the end of the month. The report
should be electronically submitted or mailed to Office of Economics,
Surface Transportation Board, Washington, DC 20423-0001, 10 days after
the end of each month to which it applies.
PART 1247--REPORT OF CARS LOADED AND CARS TERMINATED
0
17. The authority citation for part 1247 continues to read as follows:
Authority: 49 U.S.C. 721, 10707, 11144, 11145.
0
18. Revise Sec. 1247.1 to read as follows:
Sec. 1247.1 Annual Report of Cars Loaded and Cars Terminated.
Each Class I railroad shall file Form STB-54, Annual Report of Cars
Loaded and Cars Terminated, together with the accompanying
certification, with the Office of Economics (OE), Surface
Transportation Board, Washington, DC 20243-0001, within 60 days after
the end of each reporting year. Blank forms and instructions are
available on the Board's Web site (https://www.stb.dot.gov) or can be
obtained by contacting OE.
PART 1248--FREIGHT COMMODITY STATISTICS
0
19. The authority citation for part 1248 continues to read as follows:
Authority: 49 U.S.C. 721, 11144, and 11145.
0
20. Revise Sec. 1248.1 to read as follows:
Sec. 1248.1 Freight commodity statistics.
All Class I railroads, as described in part 1201 of this chapter,
subject to part A of subtitle IV of title 49, United States Code, shall
compile and report freight commodity statistics on the basis of the
commodity codes named in Sec. 1248.101. Carriers shall report
quarterly and annually on the basis of the 3, 4 and 5-digit commodity
codes named in that section. Such reports shall be made in conformity
with the outline of terms set forth in Sec. Sec. 1248.2 through
1248.5, as supplemented by instructions included in the appropriate
report form to be supplied to the reporting railroads.
0
21. Revise Sec. 1248.5 to read as follows:
Sec. 1248.5 Report forms and date of filing.
(a) Reports required from Class I carriers by this section shall be
electronically submitted or filed with the Office of Economics, Surface
Transportation Board, Washington, DC 20423-0001, on forms which will be
furnished to the carriers. Data required under Sec. 1248.2 shall be
filed on Form QCS on or before the 30th day succeeding the close of
each period for which they are compiled.
(b) [Reserved]
Note to Sec. 1248.5: The outline of Report Form QCS follows the
tenor of the order.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix--Collection Number 1
Title: Class I Railroad Annual Report.
OMB Control Number: 2140-0009.
Form Number: R1.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time Per Response: The railroads currently spend no
more than 800 hours preparing the Annual Report Form R-1, including
time spent reviewing instructions; searching existing data sources;
gathering and maintaining the data needed; completing and reviewing
the collection of information; and converting the data from the
carrier's individual accounting system to the Board's Uniform System
of Accounts (USOA), which ensures that the information will be
presented in a consistent format across all reporting railroads, see
49 U.S.C. 11141-43, 11161-64, 49 CFR parts 1200 and 1201. The
proposed modification would be limited to a change in the due date
for the Report's Schedule 250 and would not increase the hourly
burden.
Frequency of Response: Annual.
Total Annual Hour Burden: No more than 5,600 hours.
Total Annual ``Non-Hour Burden'' Cost: Respondents are currently
required to submit a signed hard copy of this report. We estimate a
total annual cost for all respondents of $28. The proposed
modification will not increase the cost burden.
Needs and Uses: Annual reports are required to be filed by Class
I railroads under 49 U.S.C. 11145. The reports show operating
expenses and operating statistics of the carriers. Operating
expenses include costs for right-of-way and structures, equipment,
train and yard operations, and general and administrative expenses.
Operating statistics include such items as car-miles, revenue-ton-
miles, and gross ton-miles. The reports are used by the Board, other
Federal agencies, and industry groups to monitor and assess railroad
industry growth, financial stability, traffic, and operations, and
to identify industry changes that may affect national transportation
policy. The annual reports also contain multiple schedules. One of
these schedules is the Schedule 250 (required under the Annual
Report Form R-1). The Schedule 250 data is used to compute the rate
of return on net investment (ROI) for the Class I Railroads, which
is used in annual determination of railroad revenue adequacy. See 49
U.S.C. 10704(a)(3); Standards for Railroad Revenue Adequacy, 364
I.C.C. 803 (1981); Standards for Railroad Revenue Adequacy, 3 I.C.C.
2d 261 (1986); and Supplemental Reporting of Consolidated
Information for Revenue Adequacy, 5 I.C.C. 2d 65 (1988). The only
modification being made to the annual report is the modification of
the due date for Schedule 250. Receiving this data at the earlier
date would enable the Board to expedite the Board's revenue-adequacy
determinations. This change in due date was made possible by the
improvements in technology. No other changes to this collection are
being made.
Information from certain schedules contained in these reports is
compiled and published on the Board's Web site, https://www.stb.dot.gov/stb/industry/econ_reports.html. Information in these
reports is not available from any other source.
Collection Number 2
Title: Quarterly Report of Revenues, Expenses, and Income--
Railroads (Form RE&I).
OMB Control Number: 2140-0013.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 6 hours.
Frequency of Response: Quarterly.
Total Annual Hour Burden: 168 hours.
Total Annual ``Non Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection is a report of railroad
operating revenues, operating expenses and income items; it is a
profit and loss statement, disclosing net railway operating income
on a quarterly and year-to-date basis for the current and prior
years. See 49 CFR 1243.1. The Board uses the information in this
report to ensure competitive, efficient, and safe transportation
through general oversight programs that monitor and forecast the
financial and operating condition of railroads, and through
regulation of railroad rate and service issues and rail
restructuring proposals, including railroad mergers, consolidations,
acquisitions of control, and abandonments. Information from these
reports is used by the Board, other Federal agencies, and industry
groups to monitor and assess industry growth and operations, detect
changes in carrier financial stability, and identify trends that may
affect the national transportation system. Some of
[[Page 39049]]
the information from these reports is compiled by the Board in our
quarterly Selected Earnings Data Report, which is published on the
Board's Web site, https://www.stb.dot.gov. The information contained
in these reports is not available from any other source.
Collection Number 3
Title: Quarterly Condensed Balance Sheet--Railroads (Form CBS).
OMB Control Number: 2140-0012.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 6 hours.
Frequency of Response: Quarterly.
Total Annual Hour Burden: 168 hours.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection shows the balance (quarterly and
cumulative) for the current and prior year of the carrier's assets
and liabilities, gross capital expenditures, and revenue tons
carried. See 49 CFR 1243.2. The Board uses the information in this
report to ensure competitive, efficient, and safe transportation
through general oversight programs that monitor and forecast the
financial and operating condition of railroads, and through specific
regulation of railroad rate and service issues and rail
restructuring proposals, including railroad mergers, consolidations,
acquisitions of control, and abandonments. Information from these
reports is used by the Board, other Federal agencies, and industry
groups to assess industry growth and operations, detect changes in
carrier financial stability, and identify trends that may affect the
national transportation system. Revenue ton-miles, which are
reported in these reports, are compiled and published by the Board
in its quarterly Selected Earnings Data Report, which is published
on the Board's Web site, https://www.stb.dot.gov. The information
contained in these reports is not available from any other source.
Collection Number 4
Title: Report of Railroad Employees, Service and Compensation
(Wage Forms A and B).
OMB Control Number: 2140-0004.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 8.
Estimated Time per Response: No more than 30 hours per quarterly
report and 40 hours per annual summation.
Frequency of Response: Quarterly, with an annual summation.
Total Annual Hour Burden: No more than 1280 hours.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection shows the number of employees,
service hours, and compensation, by employee group (e.g., executive,
professional, maintenance-of-way and maintenance of equipment, and
transportation), of the reporting railroads. See 49 CFR part 1245.
The information is used by the Board to forecast labor costs and
measure the efficiency of the reporting railroads. The information
is also used by the Board to evaluate proposed regulated
transactions that may impact rail employees, including mergers and
consolidations, acquisitions of control, purchases, and
abandonments. Other Federal agencies and industry groups, including
the Railroad Retirement Board, Bureau of Labor Statistics, and
Association of American Railroads, use the information contained in
the reports to monitor railroad operations. Certain information from
these reports is compiled and published on the Board's Web site,
https://www.stb.dot.gov. The information contained in these reports
is not available from any other source.
Collection Number 5
Title: Monthly Report of Number of Employees of Class I
Railroads (Form C).
OMB Control Number: 2140-0007.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 8.
Estimated Time per Response: 1.25 hours.
Frequency of Response: Monthly.
Total Annual Hour Burden: 120 hours.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection shows, for each reporting
carrier, the average number of employees at mid-month in the six
job-classification groups that encompass all railroad employees. See
49 CFR part 1246. The information is used by the Board to forecast
labor costs and measure the efficiency of the reporting railroads.
The information is also used by the Board to evaluate the impact on
rail employees of proposed regulated transactions, including mergers
and consolidations, acquisitions of control, purchases, and
abandonments. Other Federal agencies and industry groups, including
the Railroad Retirement Board, Bureau of Labor Statistics, and
Association of American Railroads, use the information contained in
these reports to monitor railroad operations. Certain information
from these reports is compiled and published on the Board's Web
site, https://www.stb.dot.gov. The information contained in these
reports is not available from any other source.
Collection Number 6
Title: Annual Report of Cars Loaded and Cars Terminated.
OMB Control Number: 2140-0011.
Form Number: Form STB-54.
Type of Review: Revision of a currently approved collection.
Number of Respondents: 7.
Estimated Time per Response: 4 hours.
Frequency of Response: Annual.
Total Annual Hour Burden: 28 hours.
Total Annual ``Non Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection reports the number of cars
loaded and cars terminated on the reporting carrier's line. See 49
CFR part 1247. Information in this report is entered into the
Board's URCS, the uses of which are explained under Collection
Number 1. There is no other source for the information contained in
this report.
Collection Number 7
Title: Quarterly Report of Freight Commodity Statistics (Form
QCS).
OMB Control Number: 2140-0001.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 217 hours.
Frequency of Response: Quarterly, with an annual summation.
Total Annual Hour Burden: 7,595 hours annually.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection, which is based on information
contained in carload waybills used by railroads in the ordinary
course of business, reports car loadings and total revenues by
commodity code for each commodity that moved on the railroad during
the reporting period. See 49 CFR part 1248. Information in this
report is entered into the Board's URCS, the uses of which are
explained under Collection Number 1. There is no other source for
the information contained in this report.
Collection Number 8
Title: Report of Fuel Cost, Consumption, and Surcharge Revenue.
OMB Control Number: 2140-0014.
STB Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 1 hour.
Frequency: Quarterly.
Total Burden Hours (annually including all respondents): 28
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 monitor the current
fuel surcharge practices of Class I carriers. The Board has
authority to collect information about rail costs and revenues under
49 U.S.C. 11144 and 11145.
[FR Doc. 2015-15407 Filed 7-7-15; 8:45 am]
BILLING CODE 4915-01-P
