Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities, 19904-19923 [2016-07759]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES 19904 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations seats in front of them or result in high injury values, it suggests that the dynamic loading was sufficient to cause partial failure of the torso anchorage hardware without any loading from dummies in the row behind. Thus, the agency is concerned that any reduction in the seat belt loading below the FMVSS No. 210 level may reduce the torso anchorage strength to an unacceptable level. In addition, data indicate that the last row of seats may be subject to loading unique to the rear of the bus. The vehicle accelerometer data from the full scale crash test were suggestive of forward flexing and dynamic rebound near the rear wall of the passenger compartment, compared to the front of the passenger compartment.9 The static FMVSS No. 210 test cannot account for the dynamic forward displacement and rebound of the vehicle structure to which the seat or seat belt may be anchored and any weakening of the attachments that may result from such dynamic phenomena. Thus, reducing the anchorage strength requirements for this last row of seats may set strength levels below an acceptable level for a dynamic environment. In its petition, Prevost states that reducing the strength requirement of FMVSS No. 210 for last row seats would result in a weight reduction and fuel savings. The agency is not convinced that there would be a significant weight reduction or fuel savings. Prevost did not provide information substantiating its claims, such as data on the thickness changes to the metal bulkhead (for example) required to secure seat belts designed to comply with the FMVSS No. 210 requirements compared to current designs. Further, the final rule permits—rather than requires—manufacturers to attach the seat belts to the vehicle structure for last-row seats. In the final rule, NHTSA stated that ‘‘[l]ap/shoulder belt equipped seats that meet the requirements of FMVSS No. 210 are available in the U.S. that are equivalent in weight to the European seats.’’ (78 FR at 70460.) We concluded that, depending on the efficiency of the structural design, there would be little or no weight penalty associated with the structural changes needed to meet FMVSS No. 210. Thus, the petitioner could use the integrated seat belt design for the last row seats if attaching the belt 9 The maximum dynamic deflection near the front of the passenger compartment was 1,727 mm (68 inches) and the maximum dynamic displacement near the rear wall was 1,930 mm (76 inches). The rear wall separates the engine compartment in large over-the-road buses and in other buses from the cargo compartment. VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 to the bus rear wall is problematic. Regardless, we emphasize that the petitioners have not shown that there will be a weight penalty for seat belt anchorages integrated into the vehicle structure. The increased flexibility of attachment to the vehicle rather than the seat has expanded the opportunity for efficient, innovative and practicable designs for manufacturers choosing to attach the belts to the vehicle structure. For the reasons stated above, NHTSA hereby denies all petitions for reconsideration of the November 25, 2013 final rule amending FMVSS No. 208. Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.95. Issued on: March 31, 2016. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2016–07828 Filed 4–5–16; 8:45 am] BILLING CODE P SURFACE TRANSPORTATION BOARD 49 CFR Part 1201 [Docket No. EP 720] Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities Surface Transportation Board. Final rule. AGENCY: ACTION: The Surface Transportation Board (STB or Board) is adopting final rules that update the accounting and reporting requirements in its Uniform System of Accounts (USOA) for Class I Railroads so that they are more consistent with current generally accepted accounting principles (GAAP). The Board is also revising the schedules and instructions for the Annual Report for Class I Railroads (R–1 or Form R–1) to better meet regulatory requirements and industry needs. DATES: This rule is effective on May 6, 2016. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 245–0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339. SUPPLEMENTARY INFORMATION: The Interstate Commerce Act, as amended by the ICC Termination Act of 1995 (ICCTA), Public Law 104–88, 109 Stat. 803, authorizes the Board, in 49 U.S.C. 11142, to prescribe a uniform accounting system for rail carriers subject to our jurisdiction and, in 49 SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 U.S.C. 11161, to maintain cost accounting rules for rail carriers.1 Sections 11142 and 11161 both require the Board to conform its accounting rules to GAAP ‘‘[t]o the maximum extent practicable.’’ The USOA is set forth in the Board’s regulations at 49 CFR part 1201—Subpart A. The USOA is used by the Class I Railroads 2 to comply with their statutory requirement to provide the Board an annual report, known as the R–1 report, that contains information about their finances and operating statistics. 49 U.S.C. 11145(b)(1) and 49 CFR 1241.11. In a notice of proposed rulemaking served on July 8, 2015 (NPR), the Board proposed to make a number of changes to the USOA. First, the Board noted that the existing USOA does not specifically address the proper accounting and reporting for changes in the fair value of certain security investments, derivative instruments, and hedging activities, nor does it contain specific accounts to record amounts related to items of Other Comprehensive Income or provide a format to display comprehensive income in the Form R–1. Without specific instructions and accounts for recording and reporting these transactions and events, inconsistent and incomplete accounting would result. Thus, the Board proposed to amend its USOA and Form R–1 to account for those types of transactions and events. Specifically, the Board proposed updating the USOA to provide for: (1) Fair value presentation of certain security investments, derivative instruments, and hedging activities; and (2) presentation of comprehensive income and components of other comprehensive income. The Board proposed these revisions based on the GAAP promulgated by the Financial Accounting Standards Board (FASB) 3 in the following Accounting 1 The Board has broad economic oversight of railroads, 49 U.S.C. 10101–11908, and prescribes a uniform accounting system for rail carriers to use for regulatory purposes, 49 U.S.C. 11141–43, 11161–64; 49 CFR parts 1200–1201. In addition, the Board requires Class I railroads to submit quarterly and annual reports containing financial and operating statistics, including employment and traffic data. 49 U.S.C. 11145; 49 CFR 1241–1246, 1248. 2 The Board designates three classes of freight railroads based upon their operating revenues, for three consecutive years, in 1991 dollars, using the following scale: Class I—$250 million or more; Class II—less than $250 million but more than $20 million; and Class III—$20 million or less. These operating revenue thresholds are adjusted annually for inflation. 49 CFR pt. 1201, 1–1. Adjusted for inflation, the revenue threshold for a Class I rail carrier using 2014 data is $475,754,803. Today, there are seven Class I carriers. 3 FASB is a private, non-profit organization responsible for setting accounting standards for public companies in the United States. E:\FR\FM\06APR1.SGM 06APR1 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Standards Codifications (ASC): ASC 320 Investments—Debt and Equity Securities; ASC 220 Comprehensive Income; ASC 815 Derivatives and Hedging; and ASC 805 Business Combinations.4 The Board stated that the purpose of the proposed revisions is to provide consistent accounting and reporting of changes in the fair value of security investments, derivative instruments, and hedging activities. The Board further stated that the proposed changes would minimize the accounting and reporting burden on railroads under the Board’s jurisdiction, assist the Board in its overall monitoring effort, and improve transparency. Second, the Board proposed revising the USOA to reflect current accounting practices for business combinations by removing existing instructions for the pooling-of-interest method of accounting and replacing those instructions with the acquisition accounting method. This method of accounting has been standard practice in the accounting industry for some time, and the Board has already agreed that the acquisition method better reflects the investment made in an acquired entity and has affirmed the use of this treatment.5 Thus, in the NPR, the Board proposed to update the USOA to reflect this accounting treatment. Finally, the Board proposed revising the Form R–1 to include new accounts and a new reporting schedule and eliminating 15 schedules that the Board no longer uses. The proposed rules were published in the Federal Register, 80 FR 39,021 (July 8, 2015). The Board received comments from the Association of American Railroads (AAR); no reply comments were filed. asabaliauskas on DSK3SPTVN1PROD with RULES Final Rules The Board has reviewed the issues raised in AAR’s comments and addresses them below, along with any revisions made in response. The final rules in full are below. Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities In the NPR, the Board proposed to amend its USOA and Form R–1 by adding new general instructions and accounts to recognize changes in the fair value of certain security investments, items of other comprehensive income, derivative instruments, and hedging 4 These accounting pronouncements are available at https://asc.fasb.org. 5 See W. Coal Traffic League—Pet. for Declaratory Order, FD 35506, slip op at 6–17 (STB served July 25, 2013). VerDate Sep<11>2014 17:41 Apr 05, 2016 Jkt 238001 activities. Additionally, the Board proposed revising its USOA to reflect current accounting practices for business combinations by removing existing instructions for the pooling-ofinterest method of accounting and requiring only the acquisition accounting methodology. The Board also sought comment on its proposal to revise the Form R–1 to include the new accounts and a new reporting schedule. No comments were filed in opposition to these proposals. Thus, the Board adopts such proposals here in the final rules. These changes will improve completeness and consistency of accounting and reporting. The addition of the proposed new accounts and related reporting requirements to the Form R–1 will reduce regulatory uncertainty as to the proper accounting and reporting for these items and minimize regulatory burden by reducing the potential differences in the manner in which certain amounts are reported to shareholders and to the Board. Finally, the reporting of derivative instruments and hedging activities by regulated carriers will assist the Board in its overall monitoring effort as well as its ability to assess railroad industry growth and financial stability. Elimination of, or Changes to, Certain Schedules The Board stated in the NPR that it had examined the current Form R–1 and determined that 15 of the 47 schedules were no longer used by the Board to perform regulatory and oversight functions. The Board, therefore, proposed to eliminate the following 15 schedules: 230 339 340 350 351 416 418 460 702 721 722 723 724 725 726 Capital Stock Accrued Liability—Leased Property Depreciation Base and Rates— Improvements to Road and Equipment Leased from Others Depreciation Base and Rates—Road and Equipment Leased to Others Accumulated Depreciation—Road and Equipment Leased to Others Supporting Schedule—Road Supporting Schedule—Capital Leases Items in Selected Income and Retained Earnings Accounts for the Year Miles of Road at Close of Year—By States and Territories (Single Track) Ties Laid in Replacement Ties Laid in Additional Tracks and in New Lines and Extensions Rails Laid in Replacement Rails Laid in Additional Tracks and in New Lines and Extensions Weight of Rail Summary of Track Replacements In its comments, AAR states that it supports the Board’s proposal to eliminate these schedules from the Form R–1, with the exception of PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 19905 Schedule 702, Miles of Road at Close of Year-By States and Territories (Single Track). According to AAR, Schedule 702 should be retained because this schedule is used to calculate state tax rates in the Revenue Shortfall Allocation Method.6 We agree with AAR that Schedule 702 should be retained. The Form R–1 report, filed annually by Class I railroads, includes the mileage necessary to weight average state tax rates that are utilized in the Revenue Shortfall Allocation methodology.7 Therefore, Schedule 702 will be retained. In addition to the schedules proposed for elimination in the NPR, AAR requests, consistent with its comments previously filed in Improving Regulation & Regulatory Review, Docket No. EP 712, that the Board eliminate Schedule 220, Retained Earnings; Schedule 342, Accumulated Depreciation—Improvements to Road and Equipment Leased from Others; Schedule 501, Guarantees and Suretyships; and Schedule 502, Compensating Balances and Short-Term Borrowing Arrangements. AAR further requests that the Board eliminate Schedule 310, Investments and Advances Affiliated Companies and Schedule 310A, Investments in Common Stocks of Affiliated Companies. According to AAR, these schedules are unnecessary because they capture data that is neither used nor usable to support the Board’s regulatory objectives. The Board will not adopt AAR’s proposals to eliminate these other schedules. Schedule 220, Retained Earnings, will be retained because it is a significant financial disclosure for stakeholders interested in changes in the retained earnings account during the reporting period and gives important insight into the rail carrier’s financial performance. Schedule 342, Accumulated Depreciation— Improvements to Road and Equipment Leased from Others, will be retained because it is used in the Board’s Uniform Rail Costing System (URCS) and review of depreciation studies. In addition, eliminating Schedule 342 would limit the Board’s ability to collect 6 The Revenue Shortfall Allocation Method is one of the three benchmarks used to determine the reasonableness of a challenged rate under the Board’s Three Benchmark methodology. See Simplified Standards for Rail Rate Cases, EP 646 (Sub-No. 1) (STB served Sept. 5, 2007); Simplified Standards for Rail Rate Cases—Taxes in Revenue Shortfall Allocation Method, EP 646 (Sub-No. 2) (STB served Nov. 21, 2008). 7 See Annual Submission of Tax Info. for Use in Revenue Shortfall Allocation Method, EP 682, slip op. at 2 n.3 (STB served Feb. 26, 2010). E:\FR\FM\06APR1.SGM 06APR1 asabaliauskas on DSK3SPTVN1PROD with RULES 19906 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations sufficient detail for R–1 reporting regarding rail carriers’ implementation of the updated GAAP standard for leases. Finally, Schedules 501 (Guarantees and Suretyships), 502 (Compensating Balances and ShortTerm Borrowing Arrangements), 310 (Investments and Advances Affiliated Companies), and 310A (Investments in Common Stocks of Affiliated Companies), are currently used by the Board’s Office of Economics in intercompany audits, as they provide detailed information related to the railroads’ financial arrangements with affiliated companies and financial agreements with borrowers and lenders. Those schedules therefore will be retained. AAR further suggests, consistent with its comments in Improving Regulation and Regulatory Review, Docket No. EP 712, that the Board make certain changes to either conform Form R–1 schedules to GAAP or otherwise harmonize Form R–1 reporting requirements. In Schedule 210, Results of Operations, AAR suggests that the Board change the description in Line 41 from ‘‘Amortization of Discount on Funded Debt,’’ to ‘‘Amortization of Premium or Discount on Funded Debt,’’ to reflect that premium amortization is included in interest expenses. AAR also suggests removing Line 22 where amortization of premium on funded debt is currently reported. In Schedule 412, Way and Structures, AAR suggests adding a separate line for ‘‘Shop Machinery’’ to reconcile the amortization expenses and depreciation for road accounts required in Schedules 412 and 335, Accumulated Depreciation—Road and Equipment Owned and Used. For Schedule 415, Supporting Schedule—Equipment, AAR proposes that the Board combine owned and capitalized leases in the schedule and eliminate lines pertaining to ‘‘Machinery’’ because, according to AAR, this data is not in or supported by Schedule 410, Equipment Accounts. Finally, for Schedule 755, Railroad Operating Statistics, AAR suggests eliminating Line 89—Caboose Miles— due to the significant reduction in the use of cabooses by reporting rail carriers. While the Board will not adopt AAR’s suggestions that the Board make certain other changes to either conform Form R–1 schedules to GAAP or otherwise harmonize Form R–1 reporting requirements, the Board will provide clarifying instructions with respect to one of AAR’s proposals. First, we will not adopt AAR’s requested changes to Schedule 210, Results of Operations. Although AAR’s VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 proposal would simplify the reporting presentation in the Form R–1, the Board’s current practice of presenting premiums and discounts of funded debt separately is preferable because it allows for transparent financial reporting by showing both interest income and expense. Additionally, AAR’s suggestion that the Board combine owned and capitalized leases in Schedule 415 (Supporting Schedule—Equipment) will not be adopted because this change would limit the Board’s ability to collect sufficient detail for R–1 reporting regarding railroads’ implementation of the updated GAAP standards for leases. This change would also require a modification in how Schedule 415 is inputted in URCS. In addition, although AAR suggests that lines pertaining to ‘‘Machinery’’ be eliminated in Schedule 415 because, according to AAR, such data is not in or supported by Schedule 410 (Equipment Accounts), the Board will not do so because Schedule 415, Lines 38–40 reconcile to Schedule 410, Lines 203, 222, and 306. In Schedule 755 (Railroad Operating Statistics), the Board will retain Line 89–Caboose Miles. While reporting carriers have been reducing the use of cabooses over time, a level of use still exists. Further, removing Line 89 would eliminate an operating statistic from the URCS calculation. While AAR suggests adding a separate line for ‘‘Shop Machinery’’ in Schedule 412 (Way and Structures) to reconcile the amortization expenses and depreciation for road accounts required in Schedules 412 (Way and Structures) and 335 (Accumulated Depreciation— Road and Equipment Owned and Used), the Board notes that Schedule 412 reports a railroad’s fixed roadway facilities; ‘‘Shop Machinery’’ does not fall into such a category, but should be recorded in equipment accounts. The Board, however, will clarify instruction 4 in Schedule 412 to read as follows: ‘‘Amortization adjustment of each road property type which is included in column (b) shall be repeated in column (d) as a debit or credit to the appropriate line item. The net adjustment on line 29 shall equal the adjustment reported on line 29 of Schedule 335, excluding Account 44, Shop Machinery.’’ In sum, the final rules will eliminate the schedules previously identified in the NPR except for Schedule 702, Miles of Road at Close of Year-By States and Territories (Single Track), as discussed above. The Board will also clarify R–1 Schedule 412 instruction 4 as it pertains to the treatment of Shop Machinery. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Instruction 2–15 As noted in the NPR, ASC 805 Business Combinations requires the use of the acquisition method of accounting for all business combinations. While this method of accounting has been standard practice in the accounting industry for some time, and the Board has already agreed that the acquisition method better reflects the investment made in an acquired entity and has affirmed the use of this treatment, the USOA has not been updated to incorporate the method.8 Thus, the NPR proposed to update the USOA to reflect this accounting treatment. In connection with that proposal, the Board specifically sought comment on the application of Instruction 2–15, paragraph (d) with respect to use of the pooling of interest method for transactions involving the acquisition and merger of property of subsidiaries in INSTRUCTIONS FOR PROPERTY ACCOUNTS. No comments were submitted regarding the treatment or application of Instruction 2–15, paragraph (d). Therefore, we will update Instruction 2–15, paragraph (d) to reflect the use of the acquisition accounting methodology and remove any reference or instruction pertaining to the poolingof-interest methodology.9 ASC 410 In response to the NPR, AAR also suggests that the Board adopt ASC 410, Asset Retirement and Environmental Obligations, which addresses financial accounting and reporting for obligations associated with the retirement of tangible long-lived assets and the associated asset retirement costs. AAR, however, does not explain why it believes ASC 410 should be adopted. The Board has already determined in an Accounting Series Circular served on June 11, 2003, and sent to all accounting officers of Class I railroads, that the Board would not adopt Financial Accounting Standard (FAS) 143, Accounting for Asset Retirement 8 See Western Coal Traffic League—Pet. for Declaratory Order, FD 35506, slip op at 6–17. 9 We believe that removing references or instructions pertaining to the pooling-of-interest methodology in Instruction 2–15, paragraph (d) directly follows from the NPR and the Board’s adoption of the acquisition accounting methodology. It is also a logical outgrowth of the overall approach proposed in the NPR of shifting to the acquisition method of accounting for all business combinations. In proceedings governed by the rulemaking provisions of the Administrative Procedure Act, 5 U.S.C. 553, notice is sufficient if the final rule adopted by an agency is the logical outgrowth of the proposed rule on which it sought comment. See EC–MAC Motor Carriers Serv. Ass’n, SSM 118 (Sub-No. 2), slip op. at 3 (STB served Mar. 27, 2003) (citing Fertilizer Inst. v. EPA, 935 F.2d 1303, 1311 (D.C. Cir. 1991)). E:\FR\FM\06APR1.SGM 06APR1 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Obligations, now codified as ASC 410, because to do so would be inconsistent with the Board’s accounting rules.10 Nothing in AAR’s comments suggests any reason for altering the Board’s 2003 determination. Accordingly, we will not adopt ASC 410 as suggested by AAR. Periodic Review As noted above, 49 U.S.C. 11142 and 11161 require the Board to conform its accounting rules to GAAP ‘‘[t]o the maximum extent practicable.’’ Therefore, in keeping with this requirement, the Board will conduct a periodic review of its accounting standards not less than every five years. asabaliauskas on DSK3SPTVN1PROD with RULES Paperwork Reduction Act In the NPR the Board sought comments pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501– 3549, and Office of Management and Budget (OMB) regulations at 5 CFR 1320.11, regarding: (1) Whether the revisions to the collection 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. Comments regarding the necessity, utility, and clarity of the information collection were received and are addressed above. No comments concerning the Board’s burden estimates were received. The proposed collection was submitted to OMB for review as required under the PRA, 44 U.S.C. 3507(d), and 5 CFR 1320.11. OMB withheld approval pending submission of the final rule. We are today submitting the collection contained in this final rule to OMB for approval. Once approval is received, we will post a copy of the revised Form R–1 on the Board’s Web site. Unless renewed, OMB approval of this collection expires three years after the date that OMB approves the collection. Regulatory Flexibility Act Statement The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, generally requires a description and analysis of new rules that would have a significant economic impact on a substantial 10 Surface Transportation Board, Office of Economics, Environmental Analysis and Administration, Accounting Series Circular No. 202 (2003). VerDate Sep<11>2014 17:41 Apr 05, 2016 Jkt 238001 number of small entities. In drafting a rule, an agency is required to: (1) Assess the effect that its regulation will have on small entities; (2) analyze effective alternatives that may minimize a regulation’s impact; and (3) make the analysis available for public comment. 5 U.S.C. 601–604. Under § 605(b), an agency is not required to perform an initial or final regulatory flexibility analysis if it certifies that the proposed or final rules will not have a ‘‘significant impact on a substantial number of small entities.’’ Because the goal of the RFA is to reduce the cost to small entities of complying with federal regulations, the RFA requires an agency to perform a regulatory flexibility analysis of small entity impacts only when a rule directly regulates those entities. In other words, the impact must be a direct impact on small entities ‘‘whose conduct is circumscribed or mandated’’ by the proposed rule. White Eagle Coop. Ass’n v. Conner, 553 F.3d 467, 478, 480 (7th Cir. 2009). An agency has no obligation to conduct a small entity impact analysis of effects on entities that it does not regulate. United Distrib. Cos. v. FERC, 88 F.3d 1105, 1170 (D.C. Cir. 1996). The rule changes adopted here will not have a significant economic impact upon a substantial number of small entities, within the meaning of the RFA. The reporting requirements are applicable only to entities that are required to file Form R–1 reports, i.e., the Class I carriers. 49 CFR 1241.1. Class I carriers are large railroads; accordingly, there will be no impact on small railroads (small entities).11 Therefore, the Board certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities within the meaning of the RFA. Authority: 49 U.S.C. 11142 and 11164. List of Subjects in 49 CFR Part 1201. Railroads, Uniform System of Accounts. It is ordered: 1. The final rules set forth below are adopted and will be effective on May 6, 2016. Notice of the rules adopted here will be published in the Federal Register. 2. This decision is effective on the date of service. 11 Class I carriers generally do not fall under the definition of a ‘‘small rail carrier’’ as defined by the Small Business Administration (SBA). The SBA’s Office of Size Standards has established a size standard for rail transportation, pursuant to which a ‘‘line-haul railroad’’ is considered small if its number of employees is 1,500 or less, and a ‘‘short line railroad’’ is considered small if its number of employees is 500 or less. 13 CFR 121.201 (industry subsector 482). PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 19907 Decided: March 30, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Tia Delano, Clearance Clerk. For the reasons set forth in the preamble, the Surface Transportation Board is amending part 1201 of title 49, chapter X, of the Code of Federal Regulations as follows: PART 1201—RAILROAD COMPANIES The authority citation for part 1201 continues to read as follows: ■ Authority: 49 U.S.C. 11142 and 11164. Subpart A—Uniform System of Accounts 2. Amend Regulations Prescribed by revising paragraph (ii), item 16(c), to read as follows: ■ List of Instructions and Accounts REGULATIONS PRESCRIBED * * * * * (ii) * * * 16. * * * (c) Cost, as applied to a marketable equity security, refers to the original cost as adjusted for unrealized holding gains and losses. * * * * * ■ 3. Amend General Instructions by adding instructions 1–19 and 1–20, to read as follows: GENERAL INSTRUCTIONS * * * * * 1–19 Accounting for Other Comprehensive Income. (a) Railroads will record items of Other Comprehensive Income in account 799.1, Other comprehensive income. Amounts included in this account will be maintained by each category of Other Comprehensive Income. Examples of categories of Other Comprehensive Income include foreign currency items, minimum pension liability adjustments, unrealized gains and losses on available-for-sale type securities and cash-flow hedge amounts. (b) Supporting records will be maintained for account 799 so that the company can readily identify the cumulative amount of Other Comprehensive Income for each item included in this account. (c) When an item of Other Comprehensive Income enters into the determination of earnings in the current or subsequent periods, a reclassification adjustment will be recorded in account 799 to avoid double counting of when E:\FR\FM\06APR1.SGM 06APR1 asabaliauskas on DSK3SPTVN1PROD with RULES 19908 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations an item included in net income was also included in Other Comprehensive Income in the same or prior period. 1–20 Accounting for derivative instruments and hedging activities. (a) A carrier will recognize derivative instruments as either assets or liabilities in the financial statements and measure those instruments at fair value. A derivative instrument is a financial instrument or other contract with all three of the following characteristics: (1) The derivative instrument has one or more underlyings and a notional amount or payment provision. Those terms determine the amount of the settlement or settlements, and, in some cases, whether or not a settlement is required. (2) The derivative instrument requires no initial net investment or an initial net investment that is smaller than would be required for other types of contracts that would be expected to have similar responses to changes in market factors. (3) The derivative instrument’s terms require or permit net settlement; the derivative instrument can readily be settled net by a means outside the contract; or the derivative instrument’s terms provide for delivery of an asset that puts the recipient in a position not substantially different from net settlement. (b) The accounting for the changes in the fair value of derivative instruments depends upon their intended use and designation. Changes in the fair value of derivative instruments not designated as fair value or cash flow hedges will be recorded in account 713.5, Derivative instrument assets, or account 763.5, Derivative instrument liabilities, as appropriate, with the gains or losses charged to earnings in account 551, Miscellaneous income charges. (c) A derivative instrument may be specifically designated as a fair-value or cash-flow hedge. A hedge may be used to manage risk to price, interest rates, or foreign currency transactions. An entity will maintain documentation of the hedge relationship at the inception of the hedge that details the risk management objective and strategy for undertaking the hedge, the nature of the risk being hedged, and how hedge effectiveness will be determined. (d) If the carrier designates the derivative instrument as a fair-value hedge against exposure to changes in the fair value of a recognized asset, liability, or a firm commitment, it will record the change in fair value of the derivative instrument designated as a fair-value hedge to account 713.6, Derivative instruments assets—hedges, or account 763.6, Derivative instrument VerDate Sep<11>2014 17:41 Apr 05, 2016 Jkt 238001 liabilities—hedges, as appropriate, with a corresponding adjustment to the subaccount of the item being hedged. The ineffective portion of the hedge transaction will be reflected in the same income or expense account that would have been used if the hedged item had been disposed of or settled. In the case of a fair-value hedge of a firm commitment, a new asset or liability is created. As a result of the hedge relationship, the new asset or liability will become part of the carrying amount of the item being hedged. (e) If the carrier designates the derivative instrument as a cash-flow hedge against exposure to variable cash flows of a probable forecasted transaction, it will record changes in the fair value of the derivative instrument in account 713.6, Derivative instrument assets—hedges, or account 763.6, Derivative instrument liabilities— hedges, as appropriate, with a corresponding amount in account 799.1, Other comprehensive income, for the effective portion of the hedge. The ineffective portion of the hedge transaction will be reflected in the same income or expense account that would have been used if the hedged item had been disposed of or settled. Amounts recorded in Other Comprehensive Income will be reclassified into earnings in the same period or periods that the hedged forecasted item affects earnings. ■ 4. Amend Instructions For Property Accounts by: ■ a. Revising paragraph (a) in Instruction 2–15; ■ b. Removing paragraph (b) in Instruction 2–15; ■ c. Redesignating paragraph (c) as paragraph (b) in Instruction 2–15; ■ d. Revising the newly designated paragraph (b) in Instruction 2–15; ■ e. Redesignating paragraph (d) as paragraph (c) in Instruction 2–15; and ■ f. Revising the newly designated paragraph (c) in Instruction 2–15. The revisions read as follows: INSTRUCTIONS FOR PROPERTY ACCOUNTS * * * * * 2–15 * * * (a) When a railway or portion thereof constituting an operating unit or system is acquired in a business combination, that business combination shall be recorded in the accounts in the manner stated hereunder. (b) Purchase: (1) The amount includable in account 731, Road and equipment property, shall be the cost at the date of acquisition to the purchaser of the transportation property acquired. The cost assigned the property, as well as other assets acquired, shall be the PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 amount of the cost consideration given. Where property and other assets are acquired for other than cash, including liabilities assumed and shares of stock issued, cost shall be determined by either the fair value of the consideration given or the fair value of the assets acquired, whichever is more clearly evident. In addition to any liabilities assumed, provision shall be made for such estimated liabilities as may be necessary. (2) When the costs of individual units or classes of transportation property are not specified in the agreement, the cost assigned such property shall be apportioned among the appropriate primary accounts using the percentage relationship between the fair values for each class of property acquired and the total of such values. (c) Merger of subsidiaries: The acquisition and merger of property of subsidiaries controlled through ownership of the majority shares of voting stock is to be accounted for using the acquisition accounting methodology. ■ 5. Amend Instructions For Income And Balance Sheet Accounts by revising Instruction 5–2, paragraph (a), items (2), (3), and (4) to read as follows: INSTRUCTIONS FOR INCOME AND BALANCE SHEET ACCOUNTS * * * * * 5–2 * * * (a) * * * (2) Account 702, Temporary cash investments, account 721, Investments and advances; affiliated companies, and account 722, Other investments and advances, shall be maintained in such a manner as to reflect the marketable equity portion (see definition 26) and other securities or investments. (3) For the purpose of determining net ledger value, the marketable equity securities in account 702 shall be considered the current portfolio and the marketable equity securities in accounts 721 and 722 (combined) shall be considered the noncurrent portfolio. (4) Carriers will categorize their security investments as held-tomaturity, trading, or available-for-sale. Unrealized holding gains and losses on trading type investment securities will be recorded in account 551, Miscellaneous income charges. Unrealized holding gains and losses on available-for-sale type investment securities will be recorded in account 799.1, Other comprehensive income. * * * * * ■ 6. Amend Income Accounts— Ordinary Items by adding a sentence at the end of the list of inclusions for E:\FR\FM\06APR1.SGM 06APR1 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations account 551 ‘‘Miscellaneous income charges,’’ paragraph (a) to read as follows: INCOME ACCOUNTS Ordinary Items * * * * * 551 Miscellaneous income charges. (a) * * * Unrealized holding gains and losses on trading type investment securities. * * * * * ■ 7. Amend General Balance Sheet Accounts Explanations—Assets, Current Assets by: ■ a. Adding a sentence to the end of the first paragraph in account 702 ‘‘Temporary cash investment’’; ■ b. Adding accounts 713.5 ‘‘Derivative instrument assets’’ and 713.6 ‘‘Derivative instrument assets–hedges.’’ The additions read as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Assets Current Assets * * * * * 702 Temporary cash investments. GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. * * * * * 713.5 Derivative instrument assets. This account shall include the amounts paid for derivative instruments, and the change in the fair value of all derivative instrument assets not designated as cash-flow or fair-value hedges. Account 551, Miscellaneous income charges, will be charged with the corresponding amount of the change in the fair value of the derivative instrument. asabaliauskas on DSK3SPTVN1PROD with RULES 713.6 Derivative instrument assets— hedges. (a) This account shall include the amounts paid for derivative instruments, and the change in the fair value of derivative instrument assets designated by the carrier as cash-flow or fair-value hedges. (b) When a carrier designates a derivative instrument asset as a cashflow hedge, it will record the change in the fair value of the derivative instrument in this account with a concurrent charge to account 799.1, Other comprehensive income, with the effective portion of the derivative’s gain or loss. The ineffective portion of the cash-flow hedge will be charged to the VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. (c) When a carrier designates a derivative instrument as a fair-value hedge, it will record the change in the fair value of the derivative instrument in this account with a concurrent charge to a sub-account of the asset or liability that carries the item being hedged. The ineffective portion of the fair-value hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. * * * * * ■ 8. Amend General Balance Sheet Accounts Explanations—Assets, Special Funds by: ■ a. In account 715 ‘‘Sinking funds,’’ adding two sentences to the end of paragraph (b); ■ b. In account 716 ‘‘Capital funds,’’ adding a sentence to the end of paragraph (a); and ■ c. In account 717 ‘‘Other funds,’’ adding Note E. The additions read as follows: 19909 b. Removing account 724 ‘‘Allowance for net unrealized loss on noncurrent marketable equity securities—Cr.’’ The addition reads as follows: ■ GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Assets Investments * * * * * 722 Other investments and advances. (a) * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. Include also the offsetting entry to the recording of amortization of discount or premium on interest bearing investments. * * * * * ■ 10. Amend General Balance Sheet Accounts Explanations—Liabilities and Shareholders’ Equity, Current Liabilities by adding accounts 763.5 ‘‘Derivative instrument liabilities’’ and 763.6 ‘‘Derivative instrument liabilities– hedges’’, to read as follows: GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Liabilities and Shareholders’ Equity Assets Current Liabilities Special Funds * 715 763.5 Derivative instrument liabilities. This account shall include the change in the fair value of all derivative instrument liabilities not designated as cash-flow or fair-value hedges. Account 551, Miscellaneous income charges, will be charged with the corresponding amount of the change in the fair value of the derivative instrument. Sinking funds. * * * * * (b) * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. The cash value of life insurance policies on the lives of employees and officers to the extent that the carrier is the beneficiary of such policies shall also be included in this account. * * * * * 716 Capital funds. (a) * * * This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. * * * * * 717 Other funds. * * * * * Note E: This account shall also include unrealized holding gains and losses on trading and available-for-sale types of security investments. 9. Amend General Balance Sheet Accounts Explanations—Assets, Investments by: ■ a. In account 722 ‘‘Other investments and advances,’’ adding two sentences to the end of paragraph (a); and ■ PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 * * * * 763.6 Derivative instrument liabilities—hedges. (a) This account shall include the change in the fair value of derivative instrument liabilities designated by the carrier as cash-flow or fair-value hedges. (b) A carrier will record the change in the fair value of a derivative instrument liability related to a cash-flow hedge in this account, with a concurrent charge to account 799.1, Other comprehensive income, with the effective portion of the derivative instrument’s gain or loss. The ineffective portion of the cash-flow hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. (c) A carrier will record the change in the fair value of a derivative instrument liability related to a fair-value hedge in this account, with a concurrent charge to a sub-account of the asset or liability E:\FR\FM\06APR1.SGM 06APR1 19910 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations that carries the item being hedged. The ineffective portion of the fair-value hedge will be charged to the same income or expense account that would have been used if the hedged item had been disposed of or otherwise settled. * * * * * 11. Amend General Balance Sheet Accounts Explanations—Liabilities and Shareholders’ Equity, Shareholders’ Equity by: ■ a. Removing account 798.1 ‘‘Net unrealized loss on noncurrent marketable securities’’; and ■ b. Adding account 799 ‘‘Accumulated Other Comprehensive Income.’’ The addition reads as follows: ■ GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS Liabilities and Shareholders’ Equity Shareholders’ Equity * * * * * 799 Accumulated Other Comprehensive Income. (a) This account shall include revenues, expenses, gains, and losses that are properly includable in Other Comprehensive Income during the period. Examples of items of Other Comprehensive Income include foreign currency items, minimum pension liability adjustments, unrealized gains and losses on certain investments in debt and equity securities, and cashflow hedges. Records supporting the entries to this account shall be maintained so that the carrier can furnish the amount of Other Comprehensive Income for each item included in this account. (b) This account shall also be debited or credited, as appropriate, with amounts of accumulated Other Comprehensive Income that have been included in the determination of net income during the period and in accumulated Other Comprehensive Income in prior periods. Separate records for each category of items will be maintained to identify the amount of the reclassification adjustments from accumulated Other Comprehensive Income to earnings made during the period. 12. Revise Form of General Balance Sheet Statement to read as follows: asabaliauskas on DSK3SPTVN1PROD with RULES ■ Form of General Balance Sheet Statement The classified form of general balance sheet statement is designed to show the financial condition of the accounting company at any specified date. VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 ASSETS ASSETS—Continued Current assets: 701. Cash. 702. Temporary cash investments. 703. Special deposits. 704. Loans and notes receivable. 705. Accounts receivable; Interline and other balances. 706. Accounts receivable; Customers. 707. Accounts receivable; Other. 708. Interest and dividends receivable. 708.5. Receivables from affiliated companies. 709. Accrued accounts receivable. 709.5. Allowance for uncollectible accounts. Net receivables. 710. Working funds. 711. Prepayments. 712. Material and supplies. 713. Other current assets. 713.5 Derivative instrument assets. 713.6 Derivative instrument assetshedges. 714. Deferred income tax debits. Total current assets. Special funds: 715. Sinking funds. 716. Capital funds. 717. Other funds. Total special funds. Investments: 721. Investments and advances; affiliated companies. Undistributed earnings from certain investments in account 751. 721.5. Adjustments; investments and advances—affiliated companies. Net—investments and advances—affiliated companies. 722. Other investments and advances. 723. Adjustments; Other investments and advances. Net—other investments and advances. Total investments. Tangible property: 731. Road and equipment property. 735. Accumulated depreciation; Road and equipment property. 736. Accumulated amortization; Road and equipment property—Defense projects. Net road and equipment property. 732. Improvements on leased property. 733. Accumulated depreciation; Improvements on leased property. 734. Accumulated amortization; Improvements on leased property—Defense projects. Net improvements on leased property. Total carrier property. 737. Property used in other than carrier operations. 738. Accumulated depreciation; Property used in other than carrier operations. Net—property used in other than carrier operations. Total tangible property. Intangible property: 739. Organization expenses. Other assets and deferred debits: 741. Other assets. 743. Other deferred debits. 744. Accumulated deferred income tax debits. Total other assets and deferred debits. Total assets. Liabilities and Shareholders’ Equity Current liabilities: 751. Loans and notes payable. 752. Accounts payable; Interline and other balances. 753. Audited accounts and wages payable. 754. Accounts payable; Other. 755. Interest payable. 756. Dividends payable. 757. Payables to affiliated companies. 759. Accrued accounts payable. 760. Federal income taxes accrued. 761. State and other income taxes accrued. 761.5. Other taxes accrued. 762. Deferred income tax credits. 763. Other current liabilities. 763.5 Derivative instrument liabilities. 763.6 Derivative instrument liabilities— hedges. 764. Equipment obligations and other long-term debt due within one year. Total current liabilities. Long-term debt due after one year: 1 765. Funded debt unmatured. 766. Equipment obligations. 766.5. Capitalized lease obligations. 767. Receivers’ and trustees’ securities. 768. Debt in default. 769. Accounts payable; Affiliated companies. 770.1 Unamortized debt discount. 770.2 Unamortized premium on debt. Total long-term debt due after one year. Other long-term liabilities: 771. Accrued liability; Pension and welfare. 772. Accrued liability; Leased property. 774. Accrued liability; Casualty and other claims. 775. Other accrued liabilities. 781. Interest in default. 782. Other liabilities. Total other long-term liabilities. Deferred credits: 783. Deferred revenues—transfers from government authorities. 784. Other deferred credits. 786. Accumulated deferred income tax credits. Total deferred credits. Shareholders’ equity: Capital stock: 791. Capital stock. 792. Liability for conversion of capital stock. 793. Discount on capital stock. Total capital stock. Additional capital: 794. Premiums and assessments on capital stock. 795. Other capital. Total additional capital. Retained earnings: 797. Retained earnings; Appropriated. 798. Retained earnings; Unappropriated. Total retained earnings. 798.5 Treasury stock. 799. Accumulated Other Comprehensive Income. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations ASSETS—Continued 13. Amend Conversion Tables by revising General Balance Sheet Accounts Conversion Table to read as follows: ■ Total shareholders’ equity. Total liabilities and shareholders’ equity. 19911 CONVERSION TABLES * * * * * 1 To be divided as to ‘‘Total issued’’ and ‘‘Held by or for company.’’ GENERAL BALANCE SHEET ACCOUNTS CONVERSION TABLE System of accounts eff. prior to April 2016 Account title System of accounts eff. April 2016 No. No. Account title Cash ............................................................................. Temporary cash investments ....................................... Special deposits ........................................................... Loans and notes receivable ......................................... 701 702 703 704 Traffic, car service and other balances—dr ................. 705 Net balance receivable from agents and conductors .. Miscellaneous accounts receivable .............................. 706 707 Interest and dividends receivable ................................. 708 Accrued accounts receivable ....................................... Working fund advances ................................................ Prepayments ................................................................. Material and supplies ................................................... Other current assets ..................................................... 709 710 711 712 713 Deferred income tax charges ....................................... Sinking funds ................................................................ Capital and other reserve funds ................................... Insurance and other funds ........................................... Investment in affiliated companies ............................... Other investments ........................................................ Reserve for adjustment of investment in securities—cr 714 715 716 717 721 722 723 701 702 703 704 708.5 709.5 705 709.5 752 706 707 708.5 709.5 708 708.5 709.5 709 710 711 712 713 713.5 713.6 714 715 716 717 721 722 721.5 Road and equipment property ...................................... Organization expenses ................................................. Improvements on leased property ................................ Accrued depreciation; improvements on leased property. Accrued depreciation; road and equipment ................. 731 71 732 733 723 731 739 732 733 735 735 Amortization of defense projects; road and equipment 736 736 734 asabaliauskas on DSK3SPTVN1PROD with RULES Miscellaneous physical property .................................. Accrued depreciation; miscellaneous physical property. Other assets ................................................................. . Unamortized discount on long-term debt ..................... Other deferred charges ................................................ Accumulated deferred income tax charges .................. Cash. Temporary cash investments. Special deposits. Loans and notes receivable. Receivables from affiliated companies. Allowance for uncollectible accounts. Accounts receivable; interline and other balances. Allowances for uncollectible accounts. Accounts payable; interline and other balances. Accounts receivable; customers. Accounts receivable; other. Receivables from affiliated companies. Allowance for uncollectible accounts. Interest and dividends receivable. Receivables from affiliated companies. Allowance for uncollectible accounts. Accrued accounts receivable. Working funds. Prepayments. Material and supplies. Other current assets. Derivative instrument assets. Derivative instrument assets—hedges. Deferred income tax debits. Sinking funds. Capital funds. Other funds. Investments and advances; affiliated companies. Other investments and advances. Adjustments; investments and advances—affiliated companies. Adjustments; other investments and advances. Road and equipment property. Organization expenses. Improvements on leased property. Accumulated depreciation; improvements on leased property. Accumulated depreciation; road and equipment property. Accumulated amortization; road and equipment property—defense projects. Accumulated amortization; improvements on leased property—defense projects. Property used in other than carrier operations. Accumulated depreciation; property used in other than carrier operations. Other assets. 737 738 737 738 741 741 770.1 743 744 770.1 743 744 Unamortized debt discount. Other deferred debits. Accumulated deferred income tax debits. 751 757 752 705 709.5 753 754 757 Loans and notes payable. Payables to affiliated companies. Accounts payable; interline and other balances. Accounts receivable; interline and other balances. Allowance for uncollectible accounts. Audited accounts and wages payable. Accounts payable; other. Payables to affiliated companies. Liabilities Loans and notes payable ............................................. 751 Traffic, car service and other balances—cr ................. 752 Audited accounts and wages payable ......................... Miscellaneous accounts payable .................................. 753 754 VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1 19912 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations GENERAL BALANCE SHEET ACCOUNTS CONVERSION TABLE—Continued System of accounts eff. prior to April 2016 Account title System of accounts eff. April 2016 No. No. Interest matured unpaid ............................................... 755 Dividends matured unpaid ............................................ 756 Unmatured interest accrued ......................................... 757 Unmatured dividends declared ..................................... 758 Accrued accounts payable ........................................... Federal income taxes accrued ..................................... Other taxes accrued ..................................................... 759 760 761 Deferred income tax credits ......................................... Other current liabilities .................................................. 762 763 Equipment obligations and other debt due within one year. Funded debt unmatured ............................................... Equipment obligations .................................................. Capitalized lease obligations ........................................ Receivers’ and trustees’ securities ............................... Debt in default .............................................................. Amounts payable to affiliated companies .................... Pension and welfare reserves ...................................... Casualty and other reserves ........................................ 764 Account title 755 757 756 757 755 757 756 757 759 760 711 761 761.5 762 763 763.5 763.6 764 765 766 766.5 767 768 769 771 774 781 782 783 790.2 784 785 786 Interest in default .......................................................... Other liabilities .............................................................. Deferred revenues—transfers from government authorities.. Unamortized premium on long-term debt .................... Other deferred credits .................................................. Accrued liability; leased property ................................. Accumulated deferred income tax credits .................... 765 766 766.5 767 768 769 771 774 775 781 782 783 770.2 784 772 786 Interest payable. Payables to affiliated companies. Dividends payable. Payables to affiliated companies. Interest payable. Payables to affiliated companies. Dividends payable. Payables to affiliated companies. Accrued accounts payable. Federal income taxes accrued. Prepayments. State and other income taxes accrued. Other taxes accrued. Deferred income tax credits. Other current liabilities. Derivative instrument liabilities Derivative instrument liabilities—hedges Equipment obligations and other long-term debt due within 1 year. Funded debt unmatured. Equipment obligations. Capitalized lease obligations. Receivers’ and trustees’ securities. Debt in default. Accounts payable; affiliated companies. Accrued liability; pension and welfare. Accrued liability; casualty and other claims. Other accrued liabilities. Interest in default. Other liabilities. Deferred revenues—transfers from government authorities Unamortized premium on debt. Other deferred credits. Accrued liability; leased property. Accumulated deferred income tax credits. Shareholders’ Equity Capital stock issued ..................................................... Stock liability for conversion ......................................... Discount on capital stock ............................................. Premiums and assessment on capital stock ................ Paid-in surplus .............................................................. Other capital surplus .................................................... Retained income; appropriated .................................... Retained income; unappropriated ................................ Treasury stock .............................................................. 791 792 793 794 795 796 797 798 798.5 791 792 793 794 795 795 797 798 798.5 799 Capital stock. Liability for conversion of capital stock. Discount on capital stock. Premiums and assessments on capital stock. Other capital. Do. Retained earnings; appropriated. Retained earnings; unappropriated. Treasury stock. Accumulated Other Comprehensive Income. Note: The following appendix will not appear in the Code of Federal Regulations. asabaliauskas on DSK3SPTVN1PROD with RULES BILLING CODE 4915–01–P VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1 19913 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Appendix A Road Initials: Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- ASSETS (Dollars in Thousands) Line Account Balance at close Check (a) Line ing of year No. (b) Title Balance at begin- of year Cross No. 5 (c) Current Assets 1 701 Cash 1 2 702 Temporary cash investments 2 3 703 Special deposits 3 Accounts receivable 4 704 - Loan and notes 4 5 705 - Interline and other balances 5 6 706 -Customers 6 7 707 -Other 7 8 709, 708 -Accrued accounts receivables 8 9 708.5 - Receivables from affiliated companies 9 10 709.5 11 710, 711, 714 - Less: Allowance for uncollectible accounts Working funds prepayments deferred income tax debits 12 712 Materials and supplies 12 13 713, 713.5, 713.6 Other current assets 13 14 10 11 TOTAL CURRENT ASSETS 14 Other Assets 15 715, 716, 717 Special funds 15 16 721, 721.5 Investments and advances affiliated companies 16 (Schs. 310 and 310A) 17 722, 723 Other investments and advances 17 18 737, 738 Property used in other than carrier operation 18 (Less depreciation) $ 19 739, 741 Other assets 19 20 743 Other deferred debits 20 21 744 Accumulated deferred income tax debits 22 21 TOTAL OTHER ASSETS 22 23 731,732 24 731,732 Road and Equipment Road (Sch. 330) L-30 Col h & b Equipment (Sch 330) L-39 Col h & b 25 731,732 Unallocated items 25 26 733, 735 Accumulated depreciation and amortization 26 23 24 (Schs. 335, 342) asabaliauskas on DSK3SPTVN1PROD with RULES 28 VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 27 Total Assets * 28 PO 00000 Frm 00057 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.012</GPH> Net Road and Equipment 27 19914 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations NOTES AND REMARKS Railroad Annual Report R-1 6 Road Initials: Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- LIABILITIES AND SHAREHOLDERS' EQUITY (Dollars in Thousands) Line No. Account Balance at close Check (a) Line ing of year No. (b) Title Balance at begin- of year Cross (c) Current Liabilities 30 751 Loans and notes payable 31 752 Accounts payable: interline and other balances 31 32 753 Audited accounts and wages 32 33 754 Other accounts payable 33 34 35 755, 756 757 Interest and dividends payable Payables to affiliated companies 34 35 36 759 Accrued accounts payable 36 37 760, 761' 761.5 762 Taxes accrued 37 Other current liabilities Equipment obligations and other long-term debt due within one year 38 38 763, 763.5, 763.6 39 764 40 30 39 40 TOTAL CURRENT LIABILITIES Non-Current Liabilities 41 765, 767 Funded debt unmatured 41 42 766 Equipment obligations 42 43 766.5 Capitalized lease obligations 43 44 768 Debt in default 44 45 46 769 Accounts payable: affiliated companies Unamortized debt premium 45 46 47 770.1' 770.2 781 48 49 50 47 783 Interest in default Deferred revenues -transfers from govt. authorities 786 Accumulated deferred income tax credits 49 771' 772, 77 4, 775, 782, 784 Other long-term liabilities and deferred credits 50 51 48 51 TOTAL NON-CURRENT LIABILITIES Shareholders' Equity 52 791,792 Discount on capital stock 794, 795 55 Additional capital 56 Retained earnings: 57 58 797 798 59 798.5 VerDate Sep<11>2014 16:28 Apr 05, 2016 Unappropriated 57 58 Less treasury stock 59 Appropriated Jkt 238001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.013</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 53 54 Preferred stock 55 56 52 Common stock 53 54 Total capital stock 19915 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Accumulated Other Comprehensive Income or (loss) 799 60 60 Total stockholders equity 61 61 62 Non-controllina interest 62 63 Total equity (Lines 61 + 62) 63 Total Liabilities & Shareholders' Equity 64 64 NOTES AND REMARKS Railroad Annual Report R-1 Road Initials: 7 Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES (Dollars in Thousands) The notes listed below are provided to disclose supplementary information on matters which have an important effect on the financial condition of the carrier. The carrier shall give the particulars called for herein and where there is nothing to report, insert the word "none"; and in addition thereto shall enter in separate notes with suitable particulars other matters involving material amounts of the character commonly disclosed in financial statements under generally accepted accounting principles, except as shown in other schedules. This includes statements explaining (1) service interruption insurance policies and indicating the amount of indemnity to which respondent will be entitled for work stoppage losses and the maximum amount of additional premium respondent may be obligated to pay in the event such losses are sustained by other railroads; (2) particulars concerning obligations for stock purchase options granted to officers and employees; and (3) what entries have been made for net income or retained income restricted under provisions of mortgages and other arrangements. 1. Amount (estimated, if necessary) of net income or retained income which has to be provided for capital expenditures, and for sinking funds, pursuant to provisions of reorganization plans, mortgages, deeds of trust, or other contracts. $ 2. Estimated amount of future earnings which can be realized before paying Federal income taxes because of unused and available net operating loss carryover on January 1 of the year following that for which the report is made. $ 3. (a) Explain the procedure in accounting for pension funds and recording in the accounts the current and past service pension costs, indicating whether or not consistent with the prior year. (b) State amount, if any, representing the excess of the actuarially computed value of vested benefits over the total of the pension fund. $ (c) Is any part of the pension plan funded? Specify. Yes - - No - - If funding is by insurance, give name of insuring company If funding is by trust agreement, list trustee(s) Date of trust agreement or latest amendment If respondent is affiliated in any way with the trustee(s), explain affiliation. (e) Is any part of the pension plan fund invested in stock or other securities of the respondent or its affiliates? Specify Yes - No - If yes, give number of the shares for each class of stock or other security. VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.014</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES (d) List affiliated companies which are included in the pension plan funding agreement and describe basis for allocating charges under the agreement. 19916 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Are voting rights attached to any securities held by the pension plan? Specify Yes is voted? No If yes, who determines how stock 4. State whether a segregated political fund has been established as provided by the Federal Election Campaign Act of 1971 (18 U.S.C. 61 0). Yes No 5. (a) The amount of employer's contribution to employee stock ownership plans for the current year was $ _ _ _ _ _ _ _ _ __ (b) The amount of investment tax credit used to reduce current income tax expense resulting from contributions to qualified employee stock ownership plans for the current year was $_ _ _ _ _ _ _ __ 6. In reference to Docket 37465, specify the total amount of business entertainment expenditures charged to the non-operating expense account. $._ _ _ _ _ _ __ Continued on followin pa e Railroad Annual Report R-1 Road Initials: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued 8 Year: 7. Give particulars with respect to contingent assets and liabilities at the close of the year, in accordance with instruction 5-6 in the Uniform System of Accounts for Railroad Companies, that are not reflected in the amounts of the respondent. Disclose the nature and amount of contingency that is material. Examples of contingent liabilities are items which may become obligations as a result of pending or threatened litigation, assessments or possible assessments of additional taxes, and agreements or obligations to repurchase securities or property. Additional pages may be added if more space is needed. (Explain and/or reference to the following pages.) (a) Changes in valuation accounts. 8. Marketable equity securities. Dr. (Cr.) Cost Current Portfolio Noncurrent Portfolio Current Portfolio Noncurrent Portfolio (Current Yr.) as of I I (Previous Yr.) as of I At Market I I I Stockholder's Equity N/A N/A N/A N/A N/A N/A , gross unrealized gains and losses pertaining to marketable equity securities were as follows: Gains Losses Current Noncurrent VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.015</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES Dr. (Cr.) to to Income Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19917 A net unrealized gain (loss) of$ _ _ _ _ _ _ _ on the sale of marketable securities was included in net income for _ _ (year) The cost of securities was based on t h e - - - - - - - - - (method) cost of all the shares of each security held at time of sale. Significant net realized and net unrealized gains and losses arising after date of the financial statements but prior to the filing, applicable to marketable equity securities owned at balance sheet date shall be disclosed below: (date) Balance sheet date of reported year unless specified as previous year. NOTE: Railroad Annual Report R-1 Road Initials: Year: 9 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued NOTES TO FINANCIAL STATEMENTS Railroad Annual Report R-1 Road Initials: 10 Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued NOTES TO FINANCIAL STATEMENTS Railroad Annual Report R-1 Road Initials: 11 Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued NOTES TO FINANCIAL STATEMENTS VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.016</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES Railroad Annual Report R-1 19918 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Road Initials: Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued 12 NOTES TO FINANCIAL STATEMENTS Railroad Annual Report R-1 Road Initials: Year: 13 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued NOTES TO FINANCIAL STATEMENTS Railroad Annual Report R-1 Road Initials: Year: 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued 14 NOTES TO FINANCIAL STATEMENTS Railroad Annual Report R-1 Road Initials: Year: 15 200. COMPARATIVE STATEMENT OF FINANCIAL POSITION- EXPLANATORY NOTES- Continued NOTES TO FINANCIAL STATEMENTS VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.017</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES Railroad Annual Report R-1 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19919 (Dollars in Thousands) CrossChecks 1. Disclose requested information for respondent pertaining to results Schedule 210 Line 15, colb Lines 47,48,49 col b Line 50, colb of operations for the year. 2. Report total operating expenses from Sched. 410. Any differences between this schedule and Sched. 410 must be explained on page 1. Schedule 210 =Line 65, col b =Line 66, col b =Line 67, col b 3. List dividends from investments accounted for under the cost method Schedule 410 on line 19, and list dividends accounted for under the equity method Line 14, colb Line 14, cold Line 14, cole on line 25. 4. All contra entries should be shown in parenthesis. Line No. for current year Item Cross Check for preceding year =Line 620, col h =Line 620, col f =Line 620, col g related revenue & Expense related Line revenue & expenses No. ORDINARY ITEMS OPERATING INCOME Railway Operating Income 10 11 VerDate Sep<11>2014 (503) Railway operating revenues - amortization of deferred transfers from government 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00063 Fmt 4700 12 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.018</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 12 19920 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations Road Initials: Year: 17 210. RESULTS OF OPERATIONS- Continued (Dollars in Thousands) Cross Item No. Check Amount for current year (a) Amount for preceding year (b) Line (c) Line No. FIXED CHARGES (546) Interest on funded debt: 38 (a) Fixed interest not in default 39 (b) Interest in default 38 39 40 (547) Interest on unfunded debt 40 41 (548) Amortization of discount on funded debt TOTAL FIXED CHARGES (lines 38 through 41) Income after fixed charges (line 37 minus line42) 41 42 43 42 43 OTHER DEDUCTIONS (546) Interest on funded debt: (c) Contingent interest 44 44 UNUSUAL OR INFREQUENT ITEMS (555) Unusual or infrequent items (debit) credit Income (Loss) from continuing operations (before inc. taxes\ 45 46 45 46 PROVISIONS FOR INCOME TAXES (556) Income taxes on ordinary income: * (a) Federal income taxes 47 48 * (b) State income taxes 48 49 * (c) Other income taxes 49 50 * 51 52 VerDate Sep<11>2014 (557) Provision for deferred taxes TOTAL PROVISION FOR INCOME TAXES (lines 47 through 52) Income from continuing operations (line 46 minus line 51) 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4725 50 51 52 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.019</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 47 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19921 DISCONTINUED OPERATIONS (560) Income or loss from operations of discontinued segments (less applicable income 53 ) taxes of$ (562) Gain or loss on disposal of discontinued segments (less applicable income taxes 53 54 ) of$ Income before extraordinary items (lines 52 through 54) 54 55 55 EXTRAORDINARY ITEMS AND ACCOUNTING CHANGES 56 (570) Extraordinary items (Net) 56 57 (590) Income taxes on extraordinary items (591) Provision for deferred taxes- Extraordinary items TOTAL EXTRAORDINARY ITEMS (lines 56 through 58) (592) Cumulative effect of changes in accounting principles (less applicable income 57 58 59 60 taxes of$ 61 * 62 58 59 60 ) Net income (Loss) (lines 55 + 59 + 60) Less: Net Income attributable to non-controlling interest 61 62 63 Net Income attributable to reporting railroad 63 64 Earnings Per Share, basic and diluted RECONCILIATION OF NET RAILWAY OPERATING INCOME (NROI) 64 65 66 67 * Net revenues from railway operations 65 * (556) Income taxes on ordinary income(-) 66 * (557) Provision for deferred income taxes(-) 67 68 Income from lease of road and equipment(-) 68 69 Rent for leased roads and equipment(+) 69 70 Net railway operating income (loss) 70 Railroad Annual Report R-1 18 Road Initials: Year: Notes and Remarks For Schedules 210 and 220 VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4725 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.020</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES Railroad Annual Report R-1 19922 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations [FR Doc. 2016–07759 Filed 4–5–16; 8:45 am] VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1 ER06AP16.021</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES BILLING CODE 4915–01–P Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R9–IA–2011–0027; FF09A30000 123 FXIA16710900000R4] RIN 1018–AW81 Endangered and Threatened Wildlife and Plants; U.S. Captive-Bred Intersubspecific Crossed or Generic Tigers Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are amending the regulations that implement the Endangered Species Act (Act) by removing inter-subspecific crossed or generic tiger (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. corbetti, respectively)) from the list of species that are exempt from registration under the Captive-bred Wildlife (CBW) regulations. The exemption currently allows those individuals or breeding operations who want to conduct otherwise prohibited activities, such as take, interstate commerce, and export under the Act with U.S. captive-bred, live inter-subspecific crossed or generic tigers, to do so without becoming registered. We make this change to the regulations to strengthen control over commercial movement and sale of tigers in the United States and to ensure that activities involving inter-subspecific crossed or generic tigers are consistent with the purposes of the Act. Intersubspecific crossed or generic tigers are listed as endangered under the Act, and a person will need to obtain authorization under the current statutory and regulatory requirements to conduct any otherwise prohibited activities with them. DATES: This rule becomes effective on May 6, 2016. ADDRESSES: The supplementary materials for this rule, including the public comments received, are available at https://www.regulations.gov at Docket No. FWS–R9–IA–2011–0027. You may obtain information about permits or other authorizations to carry out otherwise prohibited activities by contacting the U.S. Fish and Wildlife Service, Division of Management Authority, Branch of Permits, 5275 Leesburg Pike, MS–IA, Falls Church, VA 22041–3803; telephone: 703–358–2104 asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:28 Apr 05, 2016 Jkt 238001 or (toll free) 800–358–2104; facsimile: 703–358–2281; email: managementauthority@fws.gov; Web site: https://www.fws.gov/international. FOR FURTHER INFORMATION CONTACT: Timothy J. Van Norman, Chief, Branch of Permits, Division of Management Authority, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS–IA, Falls Church, VA 22041–3803; telephone 703–358–2104; fax 703–358– 2281. If you use a telecommunications devise for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Background To prevent the extinction of wildlife and plants, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and its implementing regulations in title 50 of the Code of Federal Regulations (CFR), prohibit any person subject to the jurisdiction of the United States from conducting certain activities with species listed under the Act unless first authorized by a permit, except as a rule issued under section 4(d) of the Act applies to the species. These activities include import, export, take, and sale or offer for sale in interstate or foreign commerce. The Secretary of the Interior may permit these activities for endangered species for scientific purposes or enhancement of the propagation or survival of the species, provided the activities are consistent with the purposes of the Act. In addition, for threatened species, permits may be issued for the abovelisted activities, as well as zoological, horticultural, or botanical exhibition; education; and special purposes consistent with the Act. The Secretary of the Interior has delegated the authority to administer endangered and threatened species permit matters to the Director of the U.S. Fish and Wildlife Service. The Service’s Division of Management Authority administers the permit program for the import or export of listed species, the sale or offer for sale in interstate and foreign commerce for nonnative listed species, and the take of nonnative listed wildlife within the United States. Previous Federal Action In 1979, the Service published the Captive-bred Wildlife (CBW) regulations (44 FR 54002, September 17, 1979) to reduce Federal permitting requirements and facilitate captive breeding of endangered and threatened species under certain conditions. These conditions include: (1) A person may become registered with the Service to conduct otherwise PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 19923 prohibited activities when the activities can be shown to enhance the propagation or survival of the species; (2) Interstate commerce is authorized only when both the buyer and seller are registered for the same species; (3) The registration is only for live, mainly nonnative endangered or threatened wildlife that was born in captivity in the United States (although the Service may determine that a native species is eligible for the registration; to date, the only native species granted eligibility under the registration is the Laysan duck (Anas laysanensis)); (4) Registration does not authorize activities with non-living wildlife, a provision that is intended to discourage the propagation of endangered or threatened wildlife for consumptive markets; and (5) The registrants are required to maintain written records of authorized activities and report them annually to the Service. The CBW registration has provided zoological institutions and breeding operations the ability to move animals quickly between registered institutions for breeding purposes. In 1993, the Service amended the CBW regulations at 50 CFR 17.21(g) (58 FR 68323, December 27, 1993) to eliminate public education through exhibition of living wildlife as the sole justification for the issuance of a CBW registration. That decision was based on the Service’s belief that the scope of the CBW system should be revised to relate more closely to its original intent, i.e., the encouragement of responsible breeding that is specifically designed to help conserve the species involved (63 FR 48635; September 11, 1998). In 1998, the Service amended the CBW regulations (63 FR 48634, September 11, 1998) to delete the requirement to obtain a CBW registration for holders of intersubspecific crossed or generic tigers (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. corbetti, respectively)). Certain otherwise prohibited activities with these specimens were authorized only when the activities were shown to enhance the propagation or survival of the species, provided the principal purpose was to facilitate captive breeding. Although the submission of a written annual report was not required, holders of these specimens had to maintain E:\FR\FM\06APR1.SGM 06APR1

Agencies

Surface Transportation Board

[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19904-19923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07759]

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SURFACE TRANSPORTATION BOARD

49 CFR Part 1201

[Docket No. EP 720]

Accounting and Reporting of Business Combinations, Security
Investments, Comprehensive Income, Derivative Instruments, and Hedging
Activities

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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

SUMMARY: The Surface Transportation Board (STB or Board) is adopting
final rules that update the accounting and reporting requirements in
its Uniform System of Accounts (USOA) for Class I Railroads so that
they are more consistent with current generally accepted accounting
principles (GAAP). The Board is also revising the schedules and
instructions for the Annual Report for Class I Railroads (R-1 or Form
R-1) to better meet regulatory requirements and industry needs.

DATES: This rule is effective on May 6, 2016.

FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 245-0333.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Interstate Commerce Act, as amended by
the ICC Termination Act of 1995 (ICCTA), Public Law 104-88, 109 Stat.
803, authorizes the Board, in 49 U.S.C. 11142, to prescribe a uniform
accounting system for rail carriers subject to our jurisdiction and, in
49 U.S.C. 11161, to maintain cost accounting rules for rail
carriers.\1\ Sections 11142 and 11161 both require the Board to conform
its accounting rules to GAAP ``[t]o the maximum extent practicable.''
The USOA is set forth in the Board's regulations at 49 CFR part 1201--
Subpart A. The USOA is used by the Class I Railroads \2\ to comply with
their statutory requirement to provide the Board an annual report,
known as the R-1 report, that contains information about their finances
and operating statistics. 49 U.S.C. 11145(b)(1) and 49 CFR 1241.11.
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\1\ The Board has broad economic oversight of railroads, 49
U.S.C. 10101-11908, and prescribes a uniform accounting system for
rail carriers to use for regulatory purposes, 49 U.S.C. 11141-43,
11161-64; 49 CFR parts 1200-1201. In addition, the Board requires
Class I railroads to submit quarterly and annual reports containing
financial and operating statistics, including employment and traffic
data. 49 U.S.C. 11145; 49 CFR 1241-1246, 1248.
\2\ The Board designates three classes of freight railroads
based upon their operating revenues, for three consecutive years, in
1991 dollars, using the following scale: Class I--$250 million or
more; Class II--less than $250 million but more than $20 million;
and Class III--$20 million or less. These operating revenue
thresholds are adjusted annually for inflation. 49 CFR pt. 1201, 1-
1. Adjusted for inflation, the revenue threshold for a Class I rail
carrier using 2014 data is $475,754,803. Today, there are seven
Class I carriers.
---------------------------------------------------------------------------

In a notice of proposed rulemaking served on July 8, 2015 (NPR),
the Board proposed to make a number of changes to the USOA. First, the
Board noted that the existing USOA does not specifically address the
proper accounting and reporting for changes in the fair value of
certain security investments, derivative instruments, and hedging
activities, nor does it contain specific accounts to record amounts
related to items of Other Comprehensive Income or provide a format to
display comprehensive income in the Form R-1. Without specific
instructions and accounts for recording and reporting these
transactions and events, inconsistent and incomplete accounting would
result. Thus, the Board proposed to amend its USOA and Form R-1 to
account for those types of transactions and events. Specifically, the
Board proposed updating the USOA to provide for: (1) Fair value
presentation of certain security investments, derivative instruments,
and hedging activities; and (2) presentation of comprehensive income
and components of other comprehensive income.
The Board proposed these revisions based on the GAAP promulgated by
the Financial Accounting Standards Board (FASB) \3\ in the following
Accounting

[[Page 19905]]

Standards Codifications (ASC): ASC 320 Investments--Debt and Equity
Securities; ASC 220 Comprehensive Income; ASC 815 Derivatives and
Hedging; and ASC 805 Business Combinations.\4\ The Board stated that
the purpose of the proposed revisions is to provide consistent
accounting and reporting of changes in the fair value of security
investments, derivative instruments, and hedging activities. The Board
further stated that the proposed changes would minimize the accounting
and reporting burden on railroads under the Board's jurisdiction,
assist the Board in its overall monitoring effort, and improve
transparency.
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\3\ FASB is a private, non-profit organization responsible for
setting accounting standards for public companies in the United
States.
\4\ These accounting pronouncements are available at https://asc.fasb.org.
---------------------------------------------------------------------------

Second, the Board proposed revising the USOA to reflect current
accounting practices for business combinations by removing existing
instructions for the pooling-of-interest method of accounting and
replacing those instructions with the acquisition accounting method.
This method of accounting has been standard practice in the accounting
industry for some time, and the Board has already agreed that the
acquisition method better reflects the investment made in an acquired
entity and has affirmed the use of this treatment.\5\ Thus, in the NPR,
the Board proposed to update the USOA to reflect this accounting
treatment.
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\5\ See W. Coal Traffic League--Pet. for Declaratory Order, FD
35506, slip op at 6-17 (STB served July 25, 2013).
---------------------------------------------------------------------------

Finally, the Board proposed revising the Form R-1 to include new
accounts and a new reporting schedule and eliminating 15 schedules that
the Board no longer uses.
The proposed rules were published in the Federal Register, 80 FR
39,021 (July 8, 2015). The Board received comments from the Association
of American Railroads (AAR); no reply comments were filed.

Final Rules

The Board has reviewed the issues raised in AAR's comments and
addresses them below, along with any revisions made in response. The
final rules in full are below.

Accounting and Reporting of Business Combinations, Security
Investments, Comprehensive Income, Derivative Instruments, and Hedging
Activities

In the NPR, the Board proposed to amend its USOA and Form R-1 by
adding new general instructions and accounts to recognize changes in
the fair value of certain security investments, items of other
comprehensive income, derivative instruments, and hedging activities.
Additionally, the Board proposed revising its USOA to reflect current
accounting practices for business combinations by removing existing
instructions for the pooling-of-interest method of accounting and
requiring only the acquisition accounting methodology. The Board also
sought comment on its proposal to revise the Form R-1 to include the
new accounts and a new reporting schedule.
No comments were filed in opposition to these proposals. Thus, the
Board adopts such proposals here in the final rules. These changes will
improve completeness and consistency of accounting and reporting. The
addition of the proposed new accounts and related reporting
requirements to the Form R-1 will reduce regulatory uncertainty as to
the proper accounting and reporting for these items and minimize
regulatory burden by reducing the potential differences in the manner
in which certain amounts are reported to shareholders and to the Board.
Finally, the reporting of derivative instruments and hedging activities
by regulated carriers will assist the Board in its overall monitoring
effort as well as its ability to assess railroad industry growth and
financial stability.

Elimination of, or Changes to, Certain Schedules

The Board stated in the NPR that it had examined the current Form
R-1 and determined that 15 of the 47 schedules were no longer used by
the Board to perform regulatory and oversight functions. The Board,
therefore, proposed to eliminate the following 15 schedules:

230 Capital Stock
339 Accrued Liability--Leased Property
340 Depreciation Base and Rates--Improvements to Road and Equipment
Leased from Others
350 Depreciation Base and Rates--Road and Equipment Leased to Others
351 Accumulated Depreciation--Road and Equipment Leased to Others
416 Supporting Schedule--Road
418 Supporting Schedule--Capital Leases
460 Items in Selected Income and Retained Earnings Accounts for the
Year
702 Miles of Road at Close of Year--By States and Territories
(Single Track)
721 Ties Laid in Replacement
722 Ties Laid in Additional Tracks and in New Lines and Extensions
723 Rails Laid in Replacement
724 Rails Laid in Additional Tracks and in New Lines and Extensions
725 Weight of Rail
726 Summary of Track Replacements

In its comments, AAR states that it supports the Board's proposal
to eliminate these schedules from the Form R-1, with the exception of
Schedule 702, Miles of Road at Close of Year-By States and Territories
(Single Track). According to AAR, Schedule 702 should be retained
because this schedule is used to calculate state tax rates in the
Revenue Shortfall Allocation Method.\6\
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\6\ The Revenue Shortfall Allocation Method is one of the three
benchmarks used to determine the reasonableness of a challenged rate
under the Board's Three Benchmark methodology. See Simplified
Standards for Rail Rate Cases, EP 646 (Sub-No. 1) (STB served Sept.
5, 2007); Simplified Standards for Rail Rate Cases--Taxes in Revenue
Shortfall Allocation Method, EP 646 (Sub-No. 2) (STB served Nov. 21,
2008).
---------------------------------------------------------------------------

We agree with AAR that Schedule 702 should be retained. The Form R-
1 report, filed annually by Class I railroads, includes the mileage
necessary to weight average state tax rates that are utilized in the
Revenue Shortfall Allocation methodology.\7\ Therefore, Schedule 702
will be retained.
---------------------------------------------------------------------------

\7\ See Annual Submission of Tax Info. for Use in Revenue
Shortfall Allocation Method, EP 682, slip op. at 2 n.3 (STB served
Feb. 26, 2010).
---------------------------------------------------------------------------

In addition to the schedules proposed for elimination in the NPR,
AAR requests, consistent with its comments previously filed in
Improving Regulation & Regulatory Review, Docket No. EP 712, that the
Board eliminate Schedule 220, Retained Earnings; Schedule 342,
Accumulated Depreciation--Improvements to Road and Equipment Leased
from Others; Schedule 501, Guarantees and Suretyships; and Schedule
502, Compensating Balances and Short-Term Borrowing Arrangements. AAR
further requests that the Board eliminate Schedule 310, Investments and
Advances Affiliated Companies and Schedule 310A, Investments in Common
Stocks of Affiliated Companies. According to AAR, these schedules are
unnecessary because they capture data that is neither used nor usable
to support the Board's regulatory objectives.
The Board will not adopt AAR's proposals to eliminate these other
schedules. Schedule 220, Retained Earnings, will be retained because it
is a significant financial disclosure for stakeholders interested in
changes in the retained earnings account during the reporting period
and gives important insight into the rail carrier's financial
performance. Schedule 342, Accumulated Depreciation--Improvements to
Road and Equipment Leased from Others, will be retained because it is
used in the Board's Uniform Rail Costing System (URCS) and review of
depreciation studies. In addition, eliminating Schedule 342 would limit
the Board's ability to collect

[[Page 19906]]

sufficient detail for R-1 reporting regarding rail carriers'
implementation of the updated GAAP standard for leases. Finally,
Schedules 501 (Guarantees and Suretyships), 502 (Compensating Balances
and Short-Term Borrowing Arrangements), 310 (Investments and Advances
Affiliated Companies), and 310A (Investments in Common Stocks of
Affiliated Companies), are currently used by the Board's Office of
Economics in intercompany audits, as they provide detailed information
related to the railroads' financial arrangements with affiliated
companies and financial agreements with borrowers and lenders. Those
schedules therefore will be retained.
AAR further suggests, consistent with its comments in Improving
Regulation and Regulatory Review, Docket No. EP 712, that the Board
make certain changes to either conform Form R-1 schedules to GAAP or
otherwise harmonize Form R-1 reporting requirements. In Schedule 210,
Results of Operations, AAR suggests that the Board change the
description in Line 41 from ``Amortization of Discount on Funded
Debt,'' to ``Amortization of Premium or Discount on Funded Debt,'' to
reflect that premium amortization is included in interest expenses. AAR
also suggests removing Line 22 where amortization of premium on funded
debt is currently reported. In Schedule 412, Way and Structures, AAR
suggests adding a separate line for ``Shop Machinery'' to reconcile the
amortization expenses and depreciation for road accounts required in
Schedules 412 and 335, Accumulated Depreciation--Road and Equipment
Owned and Used. For Schedule 415, Supporting Schedule--Equipment, AAR
proposes that the Board combine owned and capitalized leases in the
schedule and eliminate lines pertaining to ``Machinery'' because,
according to AAR, this data is not in or supported by Schedule 410,
Equipment Accounts. Finally, for Schedule 755, Railroad Operating
Statistics, AAR suggests eliminating Line 89--Caboose Miles--due to the
significant reduction in the use of cabooses by reporting rail
carriers.
While the Board will not adopt AAR's suggestions that the Board
make certain other changes to either conform Form R-1 schedules to GAAP
or otherwise harmonize Form R-1 reporting requirements, the Board will
provide clarifying instructions with respect to one of AAR's proposals.
First, we will not adopt AAR's requested changes to Schedule 210,
Results of Operations. Although AAR's proposal would simplify the
reporting presentation in the Form R-1, the Board's current practice of
presenting premiums and discounts of funded debt separately is
preferable because it allows for transparent financial reporting by
showing both interest income and expense.
Additionally, AAR's suggestion that the Board combine owned and
capitalized leases in Schedule 415 (Supporting Schedule--Equipment)
will not be adopted because this change would limit the Board's ability
to collect sufficient detail for R-1 reporting regarding railroads'
implementation of the updated GAAP standards for leases. This change
would also require a modification in how Schedule 415 is inputted in
URCS. In addition, although AAR suggests that lines pertaining to
``Machinery'' be eliminated in Schedule 415 because, according to AAR,
such data is not in or supported by Schedule 410 (Equipment Accounts),
the Board will not do so because Schedule 415, Lines 38-40 reconcile to
Schedule 410, Lines 203, 222, and 306.
In Schedule 755 (Railroad Operating Statistics), the Board will
retain Line 89-Caboose Miles. While reporting carriers have been
reducing the use of cabooses over time, a level of use still exists.
Further, removing Line 89 would eliminate an operating statistic from
the URCS calculation.
While AAR suggests adding a separate line for ``Shop Machinery'' in
Schedule 412 (Way and Structures) to reconcile the amortization
expenses and depreciation for road accounts required in Schedules 412
(Way and Structures) and 335 (Accumulated Depreciation--Road and
Equipment Owned and Used), the Board notes that Schedule 412 reports a
railroad's fixed roadway facilities; ``Shop Machinery'' does not fall
into such a category, but should be recorded in equipment accounts. The
Board, however, will clarify instruction 4 in Schedule 412 to read as
follows: ``Amortization adjustment of each road property type which is
included in column (b) shall be repeated in column (d) as a debit or
credit to the appropriate line item. The net adjustment on line 29
shall equal the adjustment reported on line 29 of Schedule 335,
excluding Account 44, Shop Machinery.''
In sum, the final rules will eliminate the schedules previously
identified in the NPR except for Schedule 702, Miles of Road at Close
of Year-By States and Territories (Single Track), as discussed above.
The Board will also clarify R-1 Schedule 412 instruction 4 as it
pertains to the treatment of Shop Machinery.

Instruction 2-15

As noted in the NPR, ASC 805 Business Combinations requires the use
of the acquisition method of accounting for all business combinations.
While this method of accounting has been standard practice in the
accounting industry for some time, and the Board has already agreed
that the acquisition method better reflects the investment made in an
acquired entity and has affirmed the use of this treatment, the USOA
has not been updated to incorporate the method.\8\ Thus, the NPR
proposed to update the USOA to reflect this accounting treatment.
---------------------------------------------------------------------------

\8\ See Western Coal Traffic League--Pet. for Declaratory Order,
FD 35506, slip op at 6-17.
---------------------------------------------------------------------------

In connection with that proposal, the Board specifically sought
comment on the application of Instruction 2-15, paragraph (d) with
respect to use of the pooling of interest method for transactions
involving the acquisition and merger of property of subsidiaries in
INSTRUCTIONS FOR PROPERTY ACCOUNTS. No comments were submitted
regarding the treatment or application of Instruction 2-15, paragraph
(d). Therefore, we will update Instruction 2-15, paragraph (d) to
reflect the use of the acquisition accounting methodology and remove
any reference or instruction pertaining to the pooling-of-interest
methodology.\9\
---------------------------------------------------------------------------

\9\ We believe that removing references or instructions
pertaining to the pooling-of-interest methodology in Instruction 2-
15, paragraph (d) directly follows from the NPR and the Board's
adoption of the acquisition accounting methodology. It is also a
logical outgrowth of the overall approach proposed in the NPR of
shifting to the acquisition method of accounting for all business
combinations. In proceedings governed by the rulemaking provisions
of the Administrative Procedure Act, 5 U.S.C. 553, notice is
sufficient if the final rule adopted by an agency is the logical
outgrowth of the proposed rule on which it sought comment. See EC-
MAC Motor Carriers Serv. Ass'n, SSM 118 (Sub-No. 2), slip op. at 3
(STB served Mar. 27, 2003) (citing Fertilizer Inst. v. EPA, 935 F.2d
1303, 1311 (D.C. Cir. 1991)).
---------------------------------------------------------------------------

ASC 410

In response to the NPR, AAR also suggests that the Board adopt ASC
410, Asset Retirement and Environmental Obligations, which addresses
financial accounting and reporting for obligations associated with the
retirement of tangible long-lived assets and the associated asset
retirement costs. AAR, however, does not explain why it believes ASC
410 should be adopted. The Board has already determined in an
Accounting Series Circular served on June 11, 2003, and sent to all
accounting officers of Class I railroads, that the Board would not
adopt Financial Accounting Standard (FAS) 143, Accounting for Asset
Retirement

[[Page 19907]]

Obligations, now codified as ASC 410, because to do so would be
inconsistent with the Board's accounting rules.\10\ Nothing in AAR's
comments suggests any reason for altering the Board's 2003
determination. Accordingly, we will not adopt ASC 410 as suggested by
AAR.
---------------------------------------------------------------------------

\10\ Surface Transportation Board, Office of Economics,
Environmental Analysis and Administration, Accounting Series
Circular No. 202 (2003).
---------------------------------------------------------------------------

Periodic Review

As noted above, 49 U.S.C. 11142 and 11161 require the Board to
conform its accounting rules to GAAP ``[t]o the maximum extent
practicable.'' Therefore, in keeping with this requirement, the Board
will conduct a periodic review of its accounting standards not less
than every five years.

Paperwork Reduction Act

In the NPR the Board sought comments pursuant to the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501-3549, and Office of Management and
Budget (OMB) regulations at 5 CFR 1320.11, regarding: (1) Whether the
revisions to the collection 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. Comments regarding the
necessity, utility, and clarity of the information collection were
received and are addressed above. No comments concerning the Board's
burden estimates were received.
The proposed collection was submitted to OMB for review as required
under the PRA, 44 U.S.C. 3507(d), and 5 CFR 1320.11. OMB withheld
approval pending submission of the final rule. We are today submitting
the collection contained in this final rule to OMB for approval. Once
approval is received, we will post a copy of the revised Form R-1 on
the Board's Web site. Unless renewed, OMB approval of this collection
expires three years after the date that OMB approves the collection.

Regulatory Flexibility Act Statement

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612,
generally requires a description and analysis of new rules that would
have a significant economic impact on a substantial number of small
entities. In drafting a rule, an agency is required to: (1) Assess the
effect that its regulation will have on small entities; (2) analyze
effective alternatives that may minimize a regulation's impact; and (3)
make the analysis available for public comment. 5 U.S.C. 601-604. Under
Sec. 605(b), an agency is not required to perform an initial or final
regulatory flexibility analysis if it certifies that the proposed or
final rules will not have a ``significant impact on a substantial
number of small entities.''
Because the goal of the RFA is to reduce the cost to small entities
of complying with federal regulations, the RFA requires an agency to
perform a regulatory flexibility analysis of small entity impacts only
when a rule directly regulates those entities. In other words, the
impact must be a direct impact on small entities ``whose conduct is
circumscribed or mandated'' by the proposed rule. White Eagle Coop.
Ass'n v. Conner, 553 F.3d 467, 478, 480 (7th Cir. 2009). An agency has
no obligation to conduct a small entity impact analysis of effects on
entities that it does not regulate. United Distrib. Cos. v. FERC, 88
F.3d 1105, 1170 (D.C. Cir. 1996).
The rule changes adopted here will not have a significant economic
impact upon a substantial number of small entities, within the meaning
of the RFA. The reporting requirements are applicable only to entities
that are required to file Form R-1 reports, i.e., the Class I carriers.
49 CFR 1241.1. Class I carriers are large railroads; accordingly, there
will be no impact on small railroads (small entities).\11\ Therefore,
the Board certifies under 5 U.S.C. 605(b) that this rule will not have
a significant economic impact on a substantial number of small entities
within the meaning of the RFA.
---------------------------------------------------------------------------

\11\ Class I carriers generally do not fall under the definition
of a ``small rail carrier'' as defined by the Small Business
Administration (SBA). The SBA's Office of Size Standards has
established a size standard for rail transportation, pursuant to
which a ``line-haul railroad'' is considered small if its number of
employees is 1,500 or less, and a ``short line railroad'' is
considered small if its number of employees is 500 or less. 13 CFR
121.201 (industry subsector 482).

Authority: 49 U.S.C. 11142 and 11164.

List of Subjects in 49 CFR Part 1201.

Railroads, Uniform System of Accounts.

It is ordered:
1. The final rules set forth below are adopted and will be
effective on May 6, 2016. Notice of the rules adopted here will be
published in the Federal Register.
2. This decision is effective on the date of service.

Decided: March 30, 2016.

By the Board, Chairman Elliott, Vice Chairman Miller, and
Commissioner Begeman.
Tia Delano,
Clearance Clerk.
For the reasons set forth in the preamble, the Surface
Transportation Board is amending part 1201 of title 49, chapter X, of
the Code of Federal Regulations as follows:

PART 1201--RAILROAD COMPANIES

0
The authority citation for part 1201 continues to read as follows:

Authority: 49 U.S.C. 11142 and 11164.

Subpart A--Uniform System of Accounts

0
2. Amend Regulations Prescribed by revising paragraph (ii), item 16(c),
to read as follows:

List of Instructions and Accounts

REGULATIONS PRESCRIBED

* * * * *
(ii) * * *
16. * * *
(c) Cost, as applied to a marketable equity security, refers to the
original cost as adjusted for unrealized holding gains and losses.
* * * * *
0
3. Amend General Instructions by adding instructions 1-19 and 1-20, to
read as follows:

GENERAL INSTRUCTIONS

* * * * *
1-19 Accounting for Other Comprehensive Income. (a) Railroads will
record items of Other Comprehensive Income in account 799.1, Other
comprehensive income. Amounts included in this account will be
maintained by each category of Other Comprehensive Income. Examples of
categories of Other Comprehensive Income include foreign currency
items, minimum pension liability adjustments, unrealized gains and
losses on available-for-sale type securities and cash-flow hedge
amounts.
(b) Supporting records will be maintained for account 799 so that
the company can readily identify the cumulative amount of Other
Comprehensive Income for each item included in this account.
(c) When an item of Other Comprehensive Income enters into the
determination of earnings in the current or subsequent periods, a
reclassification adjustment will be recorded in account 799 to avoid
double counting of when

[[Page 19908]]

an item included in net income was also included in Other Comprehensive
Income in the same or prior period.
1-20 Accounting for derivative instruments and hedging activities.
(a) A carrier will recognize derivative instruments as either assets or
liabilities in the financial statements and measure those instruments
at fair value. A derivative instrument is a financial instrument or
other contract with all three of the following characteristics:
(1) The derivative instrument has one or more underlyings and a
notional amount or payment provision. Those terms determine the amount
of the settlement or settlements, and, in some cases, whether or not a
settlement is required.
(2) The derivative instrument requires no initial net investment or
an initial net investment that is smaller than would be required for
other types of contracts that would be expected to have similar
responses to changes in market factors.
(3) The derivative instrument's terms require or permit net
settlement; the derivative instrument can readily be settled net by a
means outside the contract; or the derivative instrument's terms
provide for delivery of an asset that puts the recipient in a position
not substantially different from net settlement.
(b) The accounting for the changes in the fair value of derivative
instruments depends upon their intended use and designation. Changes in
the fair value of derivative instruments not designated as fair value
or cash flow hedges will be recorded in account 713.5, Derivative
instrument assets, or account 763.5, Derivative instrument liabilities,
as appropriate, with the gains or losses charged to earnings in account
551, Miscellaneous income charges.
(c) A derivative instrument may be specifically designated as a
fair-value or cash-flow hedge. A hedge may be used to manage risk to
price, interest rates, or foreign currency transactions. An entity will
maintain documentation of the hedge relationship at the inception of
the hedge that details the risk management objective and strategy for
undertaking the hedge, the nature of the risk being hedged, and how
hedge effectiveness will be determined.
(d) If the carrier designates the derivative instrument as a fair-
value hedge against exposure to changes in the fair value of a
recognized asset, liability, or a firm commitment, it will record the
change in fair value of the derivative instrument designated as a fair-
value hedge to account 713.6, Derivative instruments assets--hedges, or
account 763.6, Derivative instrument liabilities--hedges, as
appropriate, with a corresponding adjustment to the sub-account of the
item being hedged. The ineffective portion of the hedge transaction
will be reflected in the same income or expense account that would have
been used if the hedged item had been disposed of or settled. In the
case of a fair-value hedge of a firm commitment, a new asset or
liability is created. As a result of the hedge relationship, the new
asset or liability will become part of the carrying amount of the item
being hedged.
(e) If the carrier designates the derivative instrument as a cash-
flow hedge against exposure to variable cash flows of a probable
forecasted transaction, it will record changes in the fair value of the
derivative instrument in account 713.6, Derivative instrument assets--
hedges, or account 763.6, Derivative instrument liabilities--hedges, as
appropriate, with a corresponding amount in account 799.1, Other
comprehensive income, for the effective portion of the hedge. The
ineffective portion of the hedge transaction will be reflected in the
same income or expense account that would have been used if the hedged
item had been disposed of or settled. Amounts recorded in Other
Comprehensive Income will be reclassified into earnings in the same
period or periods that the hedged forecasted item affects earnings.

0
4. Amend Instructions For Property Accounts by:
0
a. Revising paragraph (a) in Instruction 2-15;
0
b. Removing paragraph (b) in Instruction 2-15;
0
c. Redesignating paragraph (c) as paragraph (b) in Instruction 2-15;
0
d. Revising the newly designated paragraph (b) in Instruction 2-15;
0
e. Redesignating paragraph (d) as paragraph (c) in Instruction 2-15;
and
0
f. Revising the newly designated paragraph (c) in Instruction 2-15.
The revisions read as follows:

INSTRUCTIONS FOR PROPERTY ACCOUNTS

* * * * *
2-15 * * * (a) When a railway or portion thereof constituting an
operating unit or system is acquired in a business combination, that
business combination shall be recorded in the accounts in the manner
stated hereunder.
(b) Purchase:
(1) The amount includable in account 731, Road and equipment
property, shall be the cost at the date of acquisition to the purchaser
of the transportation property acquired. The cost assigned the
property, as well as other assets acquired, shall be the amount of the
cost consideration given. Where property and other assets are acquired
for other than cash, including liabilities assumed and shares of stock
issued, cost shall be determined by either the fair value of the
consideration given or the fair value of the assets acquired, whichever
is more clearly evident. In addition to any liabilities assumed,
provision shall be made for such estimated liabilities as may be
necessary.
(2) When the costs of individual units or classes of transportation
property are not specified in the agreement, the cost assigned such
property shall be apportioned among the appropriate primary accounts
using the percentage relationship between the fair values for each
class of property acquired and the total of such values.
(c) Merger of subsidiaries:
The acquisition and merger of property of subsidiaries controlled
through ownership of the majority shares of voting stock is to be
accounted for using the acquisition accounting methodology.

0
5. Amend Instructions For Income And Balance Sheet Accounts by revising
Instruction 5-2, paragraph (a), items (2), (3), and (4) to read as
follows:

INSTRUCTIONS FOR INCOME AND BALANCE SHEET ACCOUNTS

* * * * *
5-2 * * *
(a) * * *
(2) Account 702, Temporary cash investments, account 721,
Investments and advances; affiliated companies, and account 722, Other
investments and advances, shall be maintained in such a manner as to
reflect the marketable equity portion (see definition 26) and other
securities or investments.
(3) For the purpose of determining net ledger value, the marketable
equity securities in account 702 shall be considered the current
portfolio and the marketable equity securities in accounts 721 and 722
(combined) shall be considered the noncurrent portfolio.
(4) Carriers will categorize their security investments as held-to-
maturity, trading, or available-for-sale. Unrealized holding gains and
losses on trading type investment securities will be recorded in
account 551, Miscellaneous income charges. Unrealized holding gains and
losses on available-for-sale type investment securities will be
recorded in account 799.1, Other comprehensive income.
* * * * *

0
6. Amend Income Accounts--Ordinary Items by adding a sentence at the
end of the list of inclusions for

[[Page 19909]]

account 551 ``Miscellaneous income charges,'' paragraph (a) to read as
follows:

INCOME ACCOUNTS

Ordinary Items

* * * * *

551 Miscellaneous income charges.

(a) * * *
Unrealized holding gains and losses on trading type investment
securities.
* * * * *

0
7. Amend General Balance Sheet Accounts Explanations--Assets, Current
Assets by:
0
a. Adding a sentence to the end of the first paragraph in account 702
``Temporary cash investment'';
0
b. Adding accounts 713.5 ``Derivative instrument assets'' and 713.6
``Derivative instrument assets-hedges.''
The additions read as follows:

GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS

Assets

Current Assets
* * * * *

702 Temporary cash investments.

* * * This account shall also include unrealized holding gains and
losses on trading and available-for-sale types of security investments.
* * * * *

713.5 Derivative instrument assets.

This account shall include the amounts paid for derivative
instruments, and the change in the fair value of all derivative
instrument assets not designated as cash-flow or fair-value hedges.
Account 551, Miscellaneous income charges, will be charged with the
corresponding amount of the change in the fair value of the derivative
instrument.

713.6 Derivative instrument assets--hedges.

(a) This account shall include the amounts paid for derivative
instruments, and the change in the fair value of derivative instrument
assets designated by the carrier as cash-flow or fair-value hedges.
(b) When a carrier designates a derivative instrument asset as a
cash-flow hedge, it will record the change in the fair value of the
derivative instrument in this account with a concurrent charge to
account 799.1, Other comprehensive income, with the effective portion
of the derivative's gain or loss. The ineffective portion of the cash-
flow hedge will be charged to the same income or expense account that
would have been used if the hedged item had been disposed of or
otherwise settled.
(c) When a carrier designates a derivative instrument as a fair-
value hedge, it will record the change in the fair value of the
derivative instrument in this account with a concurrent charge to a
sub-account of the asset or liability that carries the item being
hedged. The ineffective portion of the fair-value hedge will be charged
to the same income or expense account that would have been used if the
hedged item had been disposed of or otherwise settled.
* * * * *

0
8. Amend General Balance Sheet Accounts Explanations--Assets, Special
Funds by:
0
a. In account 715 ``Sinking funds,'' adding two sentences to the end of
paragraph (b);
0
b. In account 716 ``Capital funds,'' adding a sentence to the end of
paragraph (a); and
0
c. In account 717 ``Other funds,'' adding Note E.
The additions read as follows:

GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS

Assets

Special Funds

715 Sinking funds.

* * * * *
(b) * * * This account shall also include unrealized holding gains
and losses on trading and available-for-sale types of security
investments. The cash value of life insurance policies on the lives of
employees and officers to the extent that the carrier is the
beneficiary of such policies shall also be included in this account.
* * * * *

716 Capital funds.

(a) * * * This account shall also include unrealized holding gains
and losses on trading and available-for-sale types of security
investments.
* * * * *

717 Other funds.

* * * * *

Note E: This account shall also include unrealized holding
gains and losses on trading and available-for-sale types of security
investments.

0
9. Amend General Balance Sheet Accounts Explanations--Assets,
Investments by:
0
a. In account 722 ``Other investments and advances,'' adding two
sentences to the end of paragraph (a); and
0
b. Removing account 724 ``Allowance for net unrealized loss on
noncurrent marketable equity securities--Cr.''
The addition reads as follows:

GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS

Assets

Investments

* * * * *

722 Other investments and advances.

(a) * * * This account shall also include unrealized holding gains
and losses on trading and available-for-sale types of security
investments. Include also the offsetting entry to the recording of
amortization of discount or premium on interest bearing investments.
* * * * *

0
10. Amend General Balance Sheet Accounts Explanations--Liabilities and
Shareholders' Equity, Current Liabilities by adding accounts 763.5
``Derivative instrument liabilities'' and 763.6 ``Derivative instrument
liabilities-hedges'', to read as follows:

GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS

Liabilities and Shareholders' Equity

Current Liabilities
* * * * *

763.5 Derivative instrument liabilities.

This account shall include the change in the fair value of all
derivative instrument liabilities not designated as cash-flow or fair-
value hedges. Account 551, Miscellaneous income charges, will be
charged with the corresponding amount of the change in the fair value
of the derivative instrument.

763.6 Derivative instrument liabilities--hedges.

(a) This account shall include the change in the fair value of
derivative instrument liabilities designated by the carrier as cash-
flow or fair-value hedges.
(b) A carrier will record the change in the fair value of a
derivative instrument liability related to a cash-flow hedge in this
account, with a concurrent charge to account 799.1, Other comprehensive
income, with the effective portion of the derivative instrument's gain
or loss. The ineffective portion of the cash-flow hedge will be charged
to the same income or expense account that would have been used if the
hedged item had been disposed of or otherwise settled.
(c) A carrier will record the change in the fair value of a
derivative instrument liability related to a fair-value hedge in this
account, with a concurrent charge to a sub-account of the asset or
liability

[[Page 19910]]

that carries the item being hedged. The ineffective portion of the
fair-value hedge will be charged to the same income or expense account
that would have been used if the hedged item had been disposed of or
otherwise settled.
* * * * *

0
11. Amend General Balance Sheet Accounts Explanations--Liabilities and
Shareholders' Equity, Shareholders' Equity by:
0
a. Removing account 798.1 ``Net unrealized loss on noncurrent
marketable securities''; and
0
b. Adding account 799 ``Accumulated Other Comprehensive Income.''
The addition reads as follows:

GENERAL BALANCE SHEET ACCOUNTS EXPLANATIONS

Liabilities and Shareholders' Equity

Shareholders' Equity
* * * * *

799 Accumulated Other Comprehensive Income.

(a) This account shall include revenues, expenses, gains, and
losses that are properly includable in Other Comprehensive Income
during the period. Examples of items of Other Comprehensive Income
include foreign currency items, minimum pension liability adjustments,
unrealized gains and losses on certain investments in debt and equity
securities, and cash-flow hedges. Records supporting the entries to
this account shall be maintained so that the carrier can furnish the
amount of Other Comprehensive Income for each item included in this
account.
(b) This account shall also be debited or credited, as appropriate,
with amounts of accumulated Other Comprehensive Income that have been
included in the determination of net income during the period and in
accumulated Other Comprehensive Income in prior periods. Separate
records for each category of items will be maintained to identify the
amount of the reclassification adjustments from accumulated Other
Comprehensive Income to earnings made during the period.

0
12. Revise Form of General Balance Sheet Statement to read as follows:
Form of General Balance Sheet Statement
The classified form of general balance sheet statement is designed
to show the financial condition of the accounting company at any
specified date.

Assets
------------------------------------------------------------------------

-------------------------------------------------------------------------
Current assets:
701. Cash.
702. Temporary cash investments.
703. Special deposits.
704. Loans and notes receivable.
705. Accounts receivable; Interline and other balances.
706. Accounts receivable; Customers.
707. Accounts receivable; Other.
708. Interest and dividends receivable.
708.5. Receivables from affiliated companies.
709. Accrued accounts receivable.
709.5. Allowance for uncollectible accounts.
Net receivables.
710. Working funds.
711. Prepayments.
712. Material and supplies.
713. Other current assets.
713.5 Derivative instrument assets.
713.6 Derivative instrument assets-hedges.
714. Deferred income tax debits.
Total current assets.
Special funds:
715. Sinking funds.
716. Capital funds.
717. Other funds.
Total special funds.
Investments:
721. Investments and advances; affiliated companies.
Undistributed earnings from certain investments in account 751.
721.5. Adjustments; investments and advances--affiliated companies.
Net--investments and advances--affiliated companies.
722. Other investments and advances.
723. Adjustments; Other investments and advances.
Net--other investments and advances.
Total investments.
Tangible property:
731. Road and equipment property.
735. Accumulated depreciation; Road and equipment property.
736. Accumulated amortization; Road and equipment property--Defense
projects.
Net road and equipment property.
732. Improvements on leased property.
733. Accumulated depreciation; Improvements on leased property.
734. Accumulated amortization; Improvements on leased property--
Defense projects.
Net improvements on leased property.
Total carrier property.
737. Property used in other than carrier operations.
738. Accumulated depreciation; Property used in other than carrier
operations.
Net--property used in other than carrier operations.
Total tangible property.
Intangible property:
739. Organization expenses.
Other assets and deferred debits:
741. Other assets.
743. Other deferred debits.
744. Accumulated deferred income tax debits.
Total other assets and deferred debits.
Total assets.
Liabilities and Shareholders' Equity
Current liabilities:
751. Loans and notes payable.
752. Accounts payable; Interline and other balances.
753. Audited accounts and wages payable.
754. Accounts payable; Other.
755. Interest payable.
756. Dividends payable.
757. Payables to affiliated companies.
759. Accrued accounts payable.
760. Federal income taxes accrued.
761. State and other income taxes accrued.
761.5. Other taxes accrued.
762. Deferred income tax credits.
763. Other current liabilities.
763.5 Derivative instrument liabilities.
763.6 Derivative instrument liabilities--hedges.
764. Equipment obligations and other long-term debt due within one
year.
Total current liabilities.
Long-term debt due after one year: \1\
765. Funded debt unmatured.
766. Equipment obligations.
766.5. Capitalized lease obligations.
767. Receivers' and trustees' securities.
768. Debt in default.
769. Accounts payable; Affiliated companies.
770.1 Unamortized debt discount.
770.2 Unamortized premium on debt.
Total long-term debt due after one year.
Other long-term liabilities:
771. Accrued liability; Pension and welfare.
772. Accrued liability; Leased property.
774. Accrued liability; Casualty and other claims.
775. Other accrued liabilities.
781. Interest in default.
782. Other liabilities.
Total other long-term liabilities.
Deferred credits:
783. Deferred revenues--transfers from government authorities.
784. Other deferred credits.
786. Accumulated deferred income tax credits.
Total deferred credits.
Shareholders' equity:
Capital stock:
791. Capital stock.
792. Liability for conversion of capital stock.
793. Discount on capital stock.
Total capital stock.
Additional capital:
794. Premiums and assessments on capital stock.
795. Other capital.
Total additional capital.
Retained earnings:
797. Retained earnings; Appropriated.
798. Retained earnings; Unappropriated.
Total retained earnings.
798.5 Treasury stock.
799. Accumulated Other Comprehensive Income.

[[Page 19911]]

Total shareholders' equity.
Total liabilities and shareholders' equity.
------------------------------------------------------------------------
\1\ To be divided as to ``Total issued'' and ``Held by or for company.''

0
13. Amend Conversion Tables by revising General Balance Sheet Accounts
Conversion Table to read as follows:

CONVERSION TABLES

* * * * *

General Balance Sheet Accounts Conversion Table
----------------------------------------------------------------------------------------------------------------
System of accounts eff. prior to April 2016 System of accounts eff. April 2016
----------------------------------------------------------------------------------------------------------------
Account title No. No. Account title
----------------------------------------------------------------------------------------------------------------
Cash....................................... 701 701 Cash.
Temporary cash investments................. 702 702 Temporary cash investments.
Special deposits........................... 703 703 Special deposits.
Loans and notes receivable................. 704 704 Loans and notes receivable.
708.5 Receivables from affiliated
companies.
709.5 Allowance for uncollectible
accounts.
Traffic, car service and other balances--dr 705 705 Accounts receivable; interline and
other balances.
709.5 Allowances for uncollectible
accounts.
752 Accounts payable; interline and
other balances.
Net balance receivable from agents and 706 706 Accounts receivable; customers.
conductors.
Miscellaneous accounts receivable.......... 707 707 Accounts receivable; other.
708.5 Receivables from affiliated
companies.
709.5 Allowance for uncollectible
accounts.
Interest and dividends receivable.......... 708 708 Interest and dividends receivable.
708.5 Receivables from affiliated
companies.
709.5 Allowance for uncollectible
accounts.
Accrued accounts receivable................ 709 709 Accrued accounts receivable.
Working fund advances...................... 710 710 Working funds.
Prepayments................................ 711 711 Prepayments.
Material and supplies...................... 712 712 Material and supplies.
Other current assets....................... 713 713 Other current assets.
713.5 Derivative instrument assets.
713.6 Derivative instrument assets--
hedges.
Deferred income tax charges................ 714 714 Deferred income tax debits.
Sinking funds.............................. 715 715 Sinking funds.
Capital and other reserve funds............ 716 716 Capital funds.
Insurance and other funds.................. 717 717 Other funds.
Investment in affiliated companies......... 721 721 Investments and advances;
affiliated companies.
Other investments.......................... 722 722 Other investments and advances.
Reserve for adjustment of investment in 723 721.5 Adjustments; investments and
securities--cr. advances--affiliated companies.
723 Adjustments; other investments and
advances.
Road and equipment property................ 731 731 Road and equipment property.
Organization expenses...................... 71 739 Organization expenses.
Improvements on leased property............ 732 732 Improvements on leased property.
Accrued depreciation; improvements on 733 733 Accumulated depreciation;
leased property. improvements on leased property.
Accrued depreciation; road and equipment... 735 735 Accumulated depreciation; road and
equipment property.
Amortization of defense projects; road and 736 736 Accumulated amortization; road and
equipment. equipment property--defense
projects.
734 Accumulated amortization;
improvements on leased property--
defense projects.
Miscellaneous physical property............ 737 737 Property used in other than carrier
operations.
Accrued depreciation; miscellaneous 738 738 Accumulated depreciation; property
physical property. used in other than carrier
operations.
Other assets............................... 741 741 Other assets.

Unamortized discount on long-term debt..... 770.1 770.1 Unamortized debt discount.
Other deferred charges..................... 743 743 Other deferred debits.
Accumulated deferred income tax charges.... 744 744 Accumulated deferred income tax
debits.
----------------------------------------------------------------------------------------------------------------
Liabilities
----------------------------------------------------------------------------------------------------------------
Loans and notes payable.................... 751 751 Loans and notes payable.
757 Payables to affiliated companies.
Traffic, car service and other balances--cr 752 752 Accounts payable; interline and
other balances.
705 Accounts receivable; interline and
other balances.
709.5 Allowance for uncollectible
accounts.
Audited accounts and wages payable......... 753 753 Audited accounts and wages payable.
Miscellaneous accounts payable............. 754 754 Accounts payable; other.
757 Payables to affiliated companies.

[[Page 19912]]

Interest matured unpaid.................... 755 755 Interest payable.
757 Payables to affiliated companies.
Dividends matured unpaid................... 756 756 Dividends payable.
757 Payables to affiliated companies.
Unmatured interest accrued................. 757 755 Interest payable.
757 Payables to affiliated companies.
Unmatured dividends declared............... 758 756 Dividends payable.
757 Payables to affiliated companies.
Accrued accounts payable................... 759 759 Accrued accounts payable.
Federal income taxes accrued............... 760 760 Federal income taxes accrued.
Other taxes accrued........................ 761 711 Prepayments.
761 State and other income taxes
accrued.
761.5 Other taxes accrued.
Deferred income tax credits................ 762 762 Deferred income tax credits.
Other current liabilities.................. 763 763 Other current liabilities.
763.5 Derivative instrument liabilities
763.6 Derivative instrument liabilities--
hedges
Equipment obligations and other debt due 764 764 Equipment obligations and other
within one year. long-term debt due within 1 year.
Funded debt unmatured...................... 765 765 Funded debt unmatured.
Equipment obligations...................... 766 766 Equipment obligations.
Capitalized lease obligations.............. 766.5 766.5 Capitalized lease obligations.
Receivers' and trustees' securities........ 767 767 Receivers' and trustees'
securities.
Debt in default............................ 768 768 Debt in default.
Amounts payable to affiliated companies.... 769 769 Accounts payable; affiliated
companies.
Pension and welfare reserves............... 771 771 Accrued liability; pension and
welfare.
Casualty and other reserves................ 774 774 Accrued liability; casualty and
other claims.
775 Other accrued liabilities.
Interest in default........................ 781 781 Interest in default.
Other liabilities.......................... 782 782 Other liabilities.
Deferred revenues--transfers from 783 783 Deferred revenues--transfers from
government authorities.. government authorities
Unamortized premium on long-term debt...... 790.2 770.2 Unamortized premium on debt.
Other deferred credits..................... 784 784 Other deferred credits.
Accrued liability; leased property......... 785 772 Accrued liability; leased property.
Accumulated deferred income tax credits.... 786 786 Accumulated deferred income tax
credits.
----------------------------------------------------------------------------------------------------------------
Shareholders' Equity
----------------------------------------------------------------------------------------------------------------
Capital stock issued....................... 791 791 Capital stock.
Stock liability for conversion............. 792 792 Liability for conversion of capital
stock.
Discount on capital stock.................. 793 793 Discount on capital stock.
Premiums and assessment on capital stock... 794 794 Premiums and assessments on capital
stock.
Paid-in surplus............................ 795 795 Other capital.
Other capital surplus...................... 796 795 Do.
Retained income; appropriated.............. 797 797 Retained earnings; appropriated.
Retained income; unappropriated............ 798 798 Retained earnings; unappropriated.
Treasury stock............................. 798.5 798.5 Treasury stock.
799 Accumulated Other Comprehensive
Income.
----------------------------------------------------------------------------------------------------------------

Note: The following appendix will not appear in the Code of
Federal Regulations.

BILLING CODE 4915-01-P

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[FR Doc. 2016-07759 Filed 4-5-16; 8:45 am]
BILLING CODE 4915-01-P

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