Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Notices 319

11 The results derived from electronic

workpapers must be reproducible, i.e., all

underlying data bases, computer programs

(FORTRAN, COBOL, C++, etc.) and electronic

spreadsheets must be submitted in evidence.

Program flows and logic trails must also be

included. Computer programs must be submitted in

both source code and executable modules.

Electronic spreadsheets must be executable and all

cell inputs must be documented.

12 The electronic submission requirements set

forth in this decision supersede, for the purposes

of this proceeding, the otherwise applicable

electronic submission requirements set forth in our

regulations. See 49 CFR 1104.3(a).

13 Indeed, the most recent round of major mergers

began with the consolidation of the ‘‘Burlington

Northern’’ and ‘‘Santa Fe’’ systems.

14 Of course, we also expect applicants to address

the statutory criteria set forth in 49 U.S.C. 11324,

including the effect on competition among rail

carriers in the national rail system.

1A copy of this decision is being served on all

persons designated as POR, MOC, or GOV on the

service list in STB Finance Docket No. 33388.

application must therefore, except as

modified by advance waiver, conform to

the 49 CFR part 1180 requirements

applicable to major transactions.

Impact Analysis Base Year

Applicants have indicated that they

will use the year 1998 as the base year

for purposes of the impact analysis to be

filed in their application.

Application Filing Date

Applicants have indicated that they

anticipate filing their application on or

after the 90 days after December 20,

1999. See 49 CFR 1180.4(b)(1) (this

provision provides, in essence, that an

application respecting a major

transaction must be filed between 3 and

6 months after the filing of the prefiling

notification).

Administrative Law Judge

As in past proceedings, an

Administrative Law Judge will be

assigned to entertain and rule upon all

disputes concerning discovery in this

proceeding.

Protective Order; Procedural Schedule

As in past proceedings, applicants

will be expected to submit: a draft

version of a protective order to govern

the production of material regarded as

either ‘‘confidential’’ or ‘‘highly

confidential’’ (as those terms have been

used in past proceedings); and a

proposed procedural schedule to govern

the processing of the BNSF/CN

application.

Electronic Submissions

In addition to submitting an original

and 25 copies of all paper documents

filed with the Board, parties must also

submit, on diskettes (3.5-inch IBMcompatible floppies) or compact discs,

one electronic copy of each such

document (e.g., textual materials,

electronic workpapers, data bases and

spreadsheets used to develop

quantitative evidence).11 Textual

materials must be in, or convertible by

and into, WordPerfect 7.0. Spreadsheets

must be in some version of Lotus, Excel,

or Quattro Pro. Each diskette or compact

disc should be clearly labeled with the

identification acronym and number of

the corresponding paper document, see

49 CFR 1180.4(a)(2), and a copy of such

diskette or compact disc should be

provided to any other party upon

request. The data contained on the

diskettes or compact discs submitted to

the Board may be submitted under seal

(to the extent that the corresponding

paper copies can be submitted under

seal pursuant to the protective order

that will be entered in this proceeding),

and will be for the exclusive use of the

Board employees reviewing substantive

and/or procedural matters in this

proceeding. The flexibility provided by

such computer data is necessary for

efficient review of these materials by the

Board and its staff. 12

Downstream Effects and Service Issues

In the past several years, the leading

North American railroads have

undertaken a series of major

transactions that, when taken together,

have dramatically reconfigured the

entire North American railroad

industry. This process has proved not to

be an easy one, as evidenced by the

significant and ongoing adjustments

required by railroads, shippers, and rail

employees as the implementation

process for those transactions continues.

The BNSF/CN transaction, if

approved and implemented, may trigger

yet another full round of major

transactions, as other railroads seek to

position themselves and their customers

to meet the competitive effects of a

unified BNSF/CN. 13 The ‘‘one case at a

time’’ rule, 49 CFR 1180.1(g), provides

that in a major transaction proceeding,

‘‘consideration will be limited to the

impacts of transactions which have

already been approved and are,

therefore, reasonably certain to occur.’’

However, given the competitive

responses that can be expected of other

railroads, we will waive, on our own

motion, the rule set out in 49 CFR

1180.1(g), so that applicants and other

interested persons can submit, and the

Board can consider, evidence respecting

the ‘‘cumulative impacts and crossover

effects,’’ that are likely to occur in the

wake of a BNSF/CN transaction.

Similarly, parties should address the

effect of the proposed transaction and

any likely subsequent transactions, that

would produce further significant

consolidation in the industry, upon the

statutory goals embodied in 49 U.S.C.

10101, with particular attention to those

aimed at fostering sound and

competitive economic conditions in the

U.S. railroad industry. 14

Furthermore, as noted, North

American railroads, together with their

customers and employees, have not yet

fully adjusted to the recent wave of

major rail transactions. Given our recent

experience with post-merger rail service

disruptions, we expect applicants and

other interested persons to submit

evidence respecting the likely effects on

rail service of any action we may take,

considering again the statutory goals

cited above.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: December 27, 1999.

By the Board, Chairman Morgan, Vice

Chairman Clyburn, and Commissioner

Burkes.

Vernon A. Williams,

Secretary.

[FR Doc. 00–105 Filed 1–3–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33388 (Sub-No.

90)] 1

CSX Corporation and CSX

Transportation, Inc., Norfolk Southern

Corporation and Norfolk Southern

Railway Company—Control and

Operating Leases/Agreements

—Conrail Inc. and Consolidated Rail

Corporation (Buffalo Rate Study)

ACTION: Decision No. 2; Extension of

Deadlines Applicable to the First Phase

of the Buffalo Rate Study.

SUMMARY: In Decision No. 1, which was

served December 15, 1999, and

published in the Federal Register on

December 20, 1999 (at 64 FR 71188), the

Board initiated a 3-year study (the

Buffalo Rate Study) to examine linehaul

and switching rates for rail movements

into and out of the State of New York’s

Buffalo area. By petition filed December

23, 1999, CSX Corporation and CSX

Transportation, Inc. (collectively, CSX)

and Norfolk Southern Corporation and

Norfolk Southern Railway Company

(collectively, NS) have requested that

each of the respective due dates for the

first phase (also referred to as the initial

320 Federal Register / Vol. 65, No. 2 / Tuesday, January 4, 2000 / Notices

6-month review) of the Buffalo Rate

Study be extended for a period of four

weeks. In this decision, the Board is

extending the due dates applicable to

the first phase of the Buffalo Rate Study.

DATES: For the initial 6-month review

(also referred to as the first phase), the

carriers’ rail 100% waybill files for the

period beginning June 1, 1997, and

ending November 30, 1999, should be

made available to all interested parties

and to Board staff by January 27, 2000.

CSX and NS comprehensive filings are

due by February 11, 2000; comments

from other parties are due by March 13,

2000; and CSX and NS replies to

comments are due by March 28, 2000.

For the first full-year review, the

carriers’ rail 100% waybill files for the

period ending May 31, 2000, should be

made available to all interested parties

and to Board staff by June 30, 2000. CSX

and NS comprehensive filings are due

by July 14, 2000; comments from all

interested parties are due by August 14,

2000; and CSX and NS replies to

comments are due by August 29, 2000.

(The dates applicable to the first fullyear review have not been changed; they

are noted here simply for ease of

reference.)

ADDRESSES: An original and 25 copies of

all documents must refer to STB

Finance Docket No. 33388 (Sub-No. 90)

and must be sent to: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, Attn: STB

Finance Docket No. 33388 (Sub-No. 90),

1925 K Street, N.W., Washington, DC

20423–0001. In addition, one copy of all

documents in this proceeding must be

sent to each representative: (1) Dennis

G. Lyons, Esq., Arnold & Porter, 555

12th Street, N.W., Washington, DC

20004–1202 (representing CSX); and (2)

Richard A. Allen, Esq., Zuckert, Scoutt

& Rasenberger, LLP, 888 17th Street,

N.W., Washington, DC 20006–3939

(representing NS).

In addition to submitting an original

and 25 copies of all paper documents

filed with the Board, parties also must

submit, on 3.5-inch IBM-compatible

floppy diskettes (disks) or compact discs

(CDs), copies of all pleadings and

attachments (e.g., textual materials,

electronic workpapers, data bases and

spreadsheets used to develop

quantitative evidence) and must clearly

label pleadings and attachments and

corresponding computer diskettes with

an identification acronym and pleading

number. Textual materials must be in,

or convertible by and into, WordPerfect

7.0. Electronic spreadsheets must be in

some version of Lotus, Excel, or Quattro

Pro. Parties may individually seek a

waiver from the disk-CD requirement.

FOR FURTHER INFORMATION, CONTACT:

Michael A. Redisch, (202) 565–1544.

[TDD for the hearing impaired: (202)

565–1695.]

SUPPLEMENTARY INFORMATION: In their

petition (designated CSX/NS–220) filed

December 23, 1999, CSX and NS have

explained that extension of the first

phase deadlines is necessary to assure

the orderly and efficient production of

the waybill data called for in Decision

No. 1. CSX and NS contend, in essence,

that, in view of other year-end tasks,

and considering the substantial data

processing required to produce the

relevant waybill records, production of

the required waybill data by December

30, 1999 (the date set in Decision No. 1)

is simply not feasible.

The requested extension is justified,

especially in light of the need for

meaningful data for the Buffalo Rate

Study. As noted by CSX and NS,

because the study is a 3-year

undertaking involving annual reviews,

the 4-week extension will not affect the

timely completion of the initial annual

review or the overall study. The

deadlines applicable to the first phase

will therefore be extended in the

manner requested.

Service List

As with Decision No. 1, a copy of this

decision is being served on all persons

designated as POR, MOC, or GOV on the

service list in STB Finance Docket No.

33388. This decision (like Decision No.

1) will serve as a notice that persons

who were parties of record in STB

Finance Docket No. 33388 will not

automatically be placed on the service

list as parties of record for this Buffalo

Rate Study proceeding. Any persons

interested in being on the STB Finance

Docket No. 33388 (Sub-No. 90) service

list and receiving copies of CSX and NS

filings relating to the Buffalo Rate Study

must send us written notification with

copies to the railroads’ representatives.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: December 28, 1999.

By the Board, Vernon A. Williams,

Secretary.

Vernon A. Williams,

Secretary.

[FR Doc. 00–106 Filed 1–3–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

Proposed Collection; Comment

Request; Bonded Warehouse

Proprietors’s Submission

AGENCY: U.S. Customs, Department of

the Treasury.

ACTION: Notice and request for

comments.

SUMMARY: As part of its continuing effort

to reduce paperwork and respondent

burden, Customs invites the general

public and other Federal agencies to

comment on an information collection

requirement concerning the Bonded

Warehouse Proprietors’s Submission.

This request for comment is being made

pursuant to the Paperwork Reduction

Act of 1995 (Pub. L. 104–13; 44 U.S.C.

3505(c)(2)).

DATES: Written comments should be

received on or before March 6, 2000, to

be assured of consideration.

ADDRESSES: Direct all written comments

to U.S. Customs Service, Information

Services Group, Room 3.2.C, 1300

Pennsylvania Avenue, NW, Washington,

D.C. 20229.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the form and instructions

should be directed to U.S. Customs

Service, Attn.: J. Edgar Nichols, Room

3.2.C, 1300 Pennsylvania Avenue NW,

Washington, D.C. 20229, Tel. (202) 927–

1426.

SUPPLEMENTARY INFORMATION: Customs

invites the general public and other

Federal agencies to comment on

proposed and/or continuing information

collections pursuant to the Paperwork

Reduction Act of 1995 (Pub. L. 104–13;

44 U.S.C. 3505(c)(2)). The comments

should address: (a) Whether the

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimates of the burden of the

collection of information; (c) ways to

enhance the quality, utility, and clarity

of the information to be collected; (d)

ways to minimize the burden including

the use of automated collection

techniques or the use of other forms of

information technology; and (e) the

annual costs burden to respondents or

record keepers from the collection of

information (a total capital/startup costs

and operations and maintenance costs).

The comments that are submitted will

be summarized and included in the

Customs request for Office of

Management and Budget (OMB)