Accelerating Reporting Requirements for Class I Railroads, 39045-39049 [2015-15407]

Download as PDF 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 VerDate Sep<11>2014 15:15 Jul 07, 2015 Jkt 235001 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, http:// 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: PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 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 http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: 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 http:// 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: E:\FR\FM\08JYP1.SGM 08JYP1 EP08JY15.023</GPH> srobinson on DSK5SPTVN1PROD with PROPOSALS Appendix B 39045 39046 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules srobinson on DSK5SPTVN1PROD with PROPOSALS 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. VerDate Sep<11>2014 15:15 Jul 07, 2015 Jkt 235001 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. PO 00000 3 These Frm 00057 Fmt 4702 Sfmt 4702 Railroad employees, Reporting and recordkeeping requirements, Wages. E:\FR\FM\08JYP1.SGM 08JYP1 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules 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: srobinson on DSK5SPTVN1PROD with PROPOSALS § 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. * * * * * VerDate Sep<11>2014 15:15 Jul 07, 2015 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 ■ 39047 Jkt 235001 (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, PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 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, E:\FR\FM\08JYP1.SGM 08JYP1 39048 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules 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 (http:// 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: ■ srobinson on DSK5SPTVN1PROD with PROPOSALS 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. VerDate Sep<11>2014 15:15 Jul 07, 2015 Jkt 235001 § 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 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 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, http:// 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, http:// 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, http://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, http://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, http://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 E:\FR\FM\08JYP1.SGM 08JYP1

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 http://www.stb.dot.gov. 
Any person submitting a filing in the traditional paper format should 
send an original and 10 copies to: Surface Transportation Board, Attn: 
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 http://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 (http://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, http://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, http://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, http://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, 
http://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, http://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