5258 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 

39. For plans that offer lifetime 

annuities or similar lifetime income 

products, what percentage of eligible 

workers elect to annuitize at least some 

of their retirement assets and what 

percentage elect to annuitize all of their 

assets? 

Signed at Washington, DC, this 27th day of 

January 2010. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

Signed at Washington, DC, this 27th day of 

January 2010. 

Nancy J. Marks, 

Division Counsel/Associate Chief Counsel, 

Tax Exempt and Government Entities, 

Internal Revenue Service, Department of the 

Treasury. 

Signed at Washington, DC, this 26th day of 

January 2010. 

J. Mark Iwry, 

Senior Advisor to the Secretary, Deputy 

Assistant Secretary for Retirement and Health 

Benefits, Department of the Treasury. 

[FR Doc. 2010–2028 Filed 2–1–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 107 

[Docket No. PHMSA–2009–0201 (HM–208H)] 

RIN 2137–AE47 

Hazardous Materials Transportation; 

Registration and Fee Assessment 

Program 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of Proposed Rulemaking 

(NPRM). 

SUMMARY: PHMSA is proposing to adjust 

the statutorily-mandated registration 

and fee assessment program for persons 

who transport, or offer for 

transportation, certain categories and 

quantities of hazardous materials. 

PHMSA’s proposal would provide that, 

for registration years beginning in 2010– 

2011, the annual fee to be paid by those 

registrants not qualifying as a small 

business or not-for-profit organization 

would increase from $975 (plus a $25 

administrative fee) to $2,975 (plus a $25 

administrative fee). The proposed fee 

increase is necessary to fund the 

national Hazardous Materials 

Emergency Preparedness (HMEP) grants 

program at its authorized level of 

approximately $28,000,000. 

DATES: Submit comments by March 4, 

2010. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket Number 

PHMSA–2009–0201 by any of the 

following methods: 

• Fax: 202–493–2251. 

• Mail: Dockets Management System; 

U.S. Department of Transportation, 

Dockets Operations, M–30, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: U.S. Department of 

Transportation, Dockets Operations, M– 

30, Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: Include the agency name 

and docket number PHMSA–2009–0201 

(HM–208H) or Regulatory Identification 

Number (RIN) RIN 2137–AE47 for this 

rulemaking at the beginning of your 

comment. All comments received will 

be posted without change to http:// 

www.regulations.gov including any 

personal information provided. Persons 

wishing to receive confirmation of 

receipt of their comments must include 

a self-addressed stamped postcard. 

Docket: You may review the public 

docket through the Internet at http:// 

www.regulations.gov or in person at the 

Dockets Operations office at the above 

address (See ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Donaldson, Office of Hazardous 

Materials Planning and Analysis, 

PHMSA, (202) 366–4484, and Ms. 

Deborah Boothe or Mr. Steven Andrews, 

Office of Hazardous Materials 

Standards, PHMSA, (202) 366–8553. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Since 1992 PHMSA has conducted a 

national registration program under the 

mandate in 49 U.S.C. 5108 for persons 

who offer for transportation or transport 

certain hazardous materials in 

intrastate, interstate, or foreign 

commerce. The purposes of the 

registration program are to gather 

information about the transportation of 

hazardous materials, and to fund the 

Hazardous Materials and Emergency 

Preparedness (HMEP) grants program 

and additional related activities. See 49 

U.S.C. 5108(b), 5116, 5128(b). PHMSA 

may set the annual registration fee 

between a minimum of $250 and 

maximum of $3,000. See 49 U.S.C. 

5108(a)(2), 5108(g)(2)(A). 

Since 2006, the annual registration fee 

has been set at $250 (plus a $25 

processing fee) for small businesses and 

not-for-profit organizations and $975 

(plus a $25 processing fee) for all other 

registrants. See 49 CFR 107.612(d). 

Because PHMSA had accumulated a 

surplus following a prior adjustment in 

2000 (see 65 FR 7297, 7309 [Feb. 14, 

2000]), notwithstanding a temporary 

reduction between 2003 and 2006, since 

Fiscal Year 2008, we have been able to 

fully fund the obligation limit of 

$28,318, 000 in the Consolidated 

Appropriations Act of 2008 (Pub. L. 

110–116 [121 Stat. 1295], November 13, 

2007), and the Omnibus Appropriations 

Act, 2009 (Pub. L. 111–8 [123 Stat. 945], 

March 11, 2009). However, that surplus 

has now been reduced to $1,500,000, 

and it is necessary to adjust registration 

fees in order to collect additional 

monies in the 2010–2011 and following 

registration years and fully fund the 

current authorization and expected 

budget requests of $28.3 million for 

Fiscal Years beginning in 2010. This can 

be done by leaving the annual 

registration fee at $250 (plus a $25 

processing fee) for those persons who 

are a small business or not-for-profit 

organization and increasing to $2,975 

(plus a $25 processing fee) the annual 

fee paid by all other persons required to 

register. 

II. HMEP Grants Program 

A. Purpose and Achievements of the 

HMEP Grants Program 

The HMEP grants program, as 

mandated by 49 U.S.C. 5116, provides 

Federal financial and technical 

assistance to States and Indian tribes to 

‘‘develop, improve, and carry out 

emergency plans’’ within the National 

Response System and the Emergency 

Planning and Community Right-ToKnow Act of 1986 (Title III), 42 U.S.C. 

11001 et seq. The grants are used to: 

(1) Develop, improve, and implement 

emergency plans; (2) train public sector 

hazardous materials emergency 

response employees to respond to 

accidents and incidents involving 

hazardous materials; (3) determine flow 

patterns of hazardous materials within a 

state and between states; and (4) 

determine the need within a state for 

regional hazardous materials emergency 

response teams. 

The HMEP grants program encourages 

the growth of the hazardous materials 

planning and training programs of state, 

local, and tribal governments by 

limiting the Federal funding to 80 

percent of the cost a state or Indian tribe 

incurs to carry out the activity for which 

the grant is made. See 49 U.S.C. 5116(e). 


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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 5259 

HMEP grants supplement the amount 

already being provided by the state or 

Indian tribe. By accepting an HMEP 

grant, the state or tribe makes a 

commitment to maintain its previous 

level of support. See 49 U.S.C. 

5116(a)(2)(A) and 5116(b)(2)(A). 

Since 1993, PHMSA has awarded all 

states and territories and 45 Native 

American tribes planning and training 

grants totaling $203 million. These 

grants helped to: 

• Train 2,420,000 hazardous 

materials responders; 

• Conduct 9,282 commodity flow 

studies; 

• Write or update more than 55,826 

emergency plans; 

• Conduct 13,372 emergency 

response exercises; and 

• Assist 25,059 local emergency 

planning committees (LEPCs) or 

approximately 1,670 per year. 

Since the beginning of the program, 

HMEP program funds have also 

supported the following related 

activities in the total amounts indicated: 

• $3.4 million for the development 

and periodic updating of a national 

curriculum used to train public sector 

emergency response and preparedness 

teams. The curriculum guidelines, 

developed by a committee of Federal, 

state, and local experts, include criteria 

for establishing training programs for 

emergency responders at five 

progressively more skilled levels: 

(1) First responder awareness, (2) first 

responder operations, (3) hazardous 

materials technician, (4) hazardous 

materials specialist, and (5) on-scene 

commander. 

• $2.6 million to monitor public 

sector emergency response planning and 

training for hazardous materials 

incidents, and to provide technical 

assistance to state or Indian tribe 

emergency response training and 

planning for hazardous materials 

incidents. 

• $7.6 million for periodic updating 

and distribution of the North American 

Emergency Response Guidebook. This 

guidebook provides immediate 

information on initial response to 

hazardous materials incidents, and is 

distributed free of charge to the 

response community. 

• $3.5 million for the International 

Association of Fire Fighters (IAFF) to 

train instructors to conduct hazardous 

materials response training programs. 

B. Funding of the HMEP Grants Program 

An estimated 800,000 shipments of 

hazardous materials make their way 

through the national transportation 

system each day. It is impossible to 

predict when and where a hazardous 

materials incident may occur or what 

the nature of the incident may be. This 

potential threat requires state and local 

agencies to develop emergency plans 

and train emergency responders on the 

broadest possible scale. 

The HMEP training grants are 

essential for providing adequate training 

of persons throughout the nation who 

are responsible for responding to 

emergencies involving the release of 

hazardous materials. There are over 2 

million emergency responders requiring 

initial training or periodic 

recertification training, including 

250,000 paid firefighters, 850,000 

volunteer firefighters, 725,000 law 

enforcement officers, and 500,000 

emergency medical services (EMS) 

providers. Due to the high turnover rates 

of emergency response personnel, there 

is a continuing need to train a 

considerable number of recently 

recruited responders at the most basic 

level. 

In addition, training at more advanced 

levels is essential to ensure that 

emergency response personnel are 

capable of effectively and safely 

responding to serious releases of 

hazardous materials. The availability of 

funding for the HMEP grants program 

will encourage state, tribal, and local 

agencies to provide more advanced 

training. 

The funding for HMEP grants will 

enable PHMSA to help meet previously 

unmet needs of state, local and tribal 

governments, and public and private 

trainers by providing for the following 

activities authorized by law: 

• $21,800,000 for training and 

planning grants; 

• A new $4,000,000 grant program for 

non-profit hazmat employee 

organizations to train hazmat instructors 

who will train hazmat employees; 

• $1,000,000 for grants to support 

certain national organizations to train 

instructors to conduct hazardous 

materials response training programs, an 

increase of $750,000; 

• $625,000 for revising, publishing, 

and distributing the North American 

Emergency Response Guidebook; 

• $188,000 for continuing 

development of a national training 

curriculum; and 

• $150,000 for monitoring and 

technical assistance; 

• $555,000 for administrative 

support. 

III. Summary of Proposal To Fund 

HMEP 

A registration fee system should: (1) 

Be simple, straightforward, and easily 

implemented and enforced; (2) employ 

an equity factor reflecting the 

differences in level of risk to the public 

and the financial impact associated with 

the business activities of large and small 

businesses; and (3) ensure adequate 

funding for the HMEP grants program. 

PHMSA considered the following 

alternatives for maintaining the funds 

available for the HMEP grants program: 

(1) To increase the fee for all businesses 

offering for transportation or 

transporting the covered hazardous 

materials, and (2) to maintain the 

current fee for small businesses and notfor-profit organizations while adjusting 

the fee for larger businesses. 

PHMSA believes adjusting the fee 

solely for larger, for-profit businesses is 

the best approach to meet the objectives 

listed above. Although there are 

exceptions, small businesses and notfor-profit organizations generally offer 

for transportation or transport fewer and 

smaller hazardous materials shipments 

as compared to larger companies. 

Raising the registration fee only for 

other-than-small businesses rather than 

for all businesses correlates the fee 

structure to the level of risk associated 

with shipments offered for 

transportation and transported by larger 

companies. 

Moreover, increasing the registration 

fees only for other-than-small 

businesses will affect significantly fewer 

entities and will affect entities that can 

more easily absorb the increase. 

Presently, PHMSA has received 

approximately 41,000 registrations for 

each registration year. Small businesses 

and not-for-profit organizations make up 

83%, or 34,025 of the registrants, while 

large businesses make up 17%, or 6,975, 

of the registrants. 

Accordingly, PHMSA is proposing to 

increase the registration fees for persons 

other than small businesses from $975 

(plus $25 processing fee) to $2,975 (plus 

$25 processing fee) for registration year 

2010–2011 and following, in order to 

maintain the statutorily mandated goal 

of funding the HMEP grants program 

activities at approximately $28,000,000. 

IV. Multi-Year Registrations 

We allow a person to register for up 

to three years in one registration 

statement (49 CFR 107.612(c)). PHMSA 

has received approximately 2,100 

advance registrations for the 2010–2011 

registration year from other-than-small 

businesses that have paid the fee 

previously established for those years. 

Approximately 1,250 also included 

advance registrations for the 2011–2012 

registration year. PHMSA applies fees 

according to the fee structure ultimately 

established by regulation for the 

registration year rather than according 

to the fee set at the time of payment. 


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5260 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 

Thus, if PHMSA adopts the increase in 

registration fees proposed in this NPRM, 

additional fees would be required for 

registrations paid in advance at the 

lower levels in effect at the time of 

payment. When PHMSA lowered the 

fees for all registrants in 2003, PHMSA 

provided more than 7,100 refunds 

amounting to over $2.3 million within 

the first year to registrants who had 

overpaid the newly established fees. If 

PHMSA adopts this proposal, PHMSA 

will notify each registrant who will be 

required to pay additional fees for the 

2010–2011 and following registration 

years. 

V. Prior Year Registration Information 

PHMSA proposes to revise § 107.612 

to remove information on previous 

years’ registration fees. This information 

is no longer needed. Information on fees 

in effect for registration years 1999– 

2000 to 2009–2010 is available in the 

registration brochure, previous editions 

of the CFR, and on the registration Web 

site (http://www.phmsa.dot.gov/ 

hazmat/registration). Note that persons 

subject to registration requirements 

must pay the annual registration fee, 

including the processing fee, in effect 

for the specific registration year for 

which the person is submitting 

registration information. 

VI. Rulemaking Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This proposed rule is published under 

the authority of the Federal hazardous 

materials transportation law (Federal 

hazmat law; 49 U.S.C. 5101 et seq.). 

Section 5108 of the Federal hazmat law 

authorizes the Secretary of 

Transportation to establish a registration 

program to collect fees to fund HMEP 

grants. The HMEP grants program, as 

mandated by 49 U.S.C. 5116, authorizes 

Federal financial and technical 

assistance to states and Indian tribes to 

‘‘develop, improve, and carry out 

emergency plans’’ within the National 

Response System and the Emergency 

Planning and Community Right-ToKnow Act of 1986 (Title III), 42 U.S.C. 

11001 et seq. 

The Federal hazmat law makes 

available funding for the HMEP grants 

program at approximately $28,000,000, 

and directs PHMSA to establish an 

annual registration fee between a 

minimum of $250 and a maximum of 

$3,000. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This proposed rule is not considered 

a significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not subject to formal 

review by the Office of Management and 

Budget. This proposed rule is 

considered non-significant under the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). 

The cost to industry of increasing 

registration fees will be an additional 

$14 million per year. The funding for 

the HMEP grants program will provide 

essential training of persons throughout 

the nation who are responsible for 

responding to emergencies involving the 

release of hazardous materials. In 

addition, training at more advanced 

levels is essential to assure emergency 

response personnel are capable of 

effectively and safely responding to 

serious releases of hazardous materials. 

The funding for the HMEP grants will 

enable PHMSA to help meet previously 

unmet needs of state, local and tribal 

governments, and public and private 

trainers by providing funding for 

activities such as: (1) Planning and 

training grants for local emergency 

planning committees; (2) a new program 

for non profit hazmat employee 

organizations to train hazmat instructors 

that will train hazmat employees; (3) 

support to certain national organizations 

to train instructors to conduct 

hazardous materials response training 

programs; (4) revising, publishing, and 

distributing the North American 

Emergency Response Guidebook; (5) 

continuing development of a national 

training curriculum; and (6) monitoring 

and technical assistance. 

While the safety benefits resulting 

from improved emergency response 

programs are difficult to quantify, 

PHMSA believes these benefits 

significantly outweigh the annual cost 

of funding the grants program. The 

importance of planning and training 

cannot be overemphasized. To a great 

extent, we are a nation of small towns 

and rural communities served by largely 

volunteer fire departments. In many 

instances, communities’ response 

resources already are overextended in 

their efforts to meet routine emergency 

response needs. The planning and 

training programs funded by the HMEP 

grants program enable state and local 

emergency responders to respond 

quickly and appropriately to hazardous 

materials transportation accidents, 

thereby mitigating potential loss of life 

and property and environmental 

damage. The regulatory evaluation to 

the final rule issued under Docket HM– 

208 (57 FR 30620) showed that the 

benefits to the public and to the 

industry from the emergency response 

grant program would at least equal, and 

likely exceed, the annual cost of funding 

the grant program. Based on estimates of 

annual damages and losses resulting 

from hazardous materials transportation 

accidents, the analysis concluded that 

the HMEP program would be costbeneficial if it were only 3% effective in 

reducing either the frequency or severity 

of the consequences of hazardous 

materials transportation accidents. 

Achieving this level of effectiveness is 

well within the success rates of training 

and planning programs to reduce errors 

and increase the proficiency and 

productivity of response personnel. A 

regulatory evaluation for this proposed 

rule is available for review in the public 

docket. 

C. Executive Order 13132 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism). There is no 

preemption of state fees on transporting 

hazardous materials that meet the 

conditions of 49 U.S.C. 5125(f). This 

proposed rule does not propose any 

regulation having substantial direct 

effects on the states, the relationship 

between the national government and 

the states, or the distribution of power 

and responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

D. Executive Order 13175 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments). 

Because this proposed rule does not 

have adverse tribal implications and 

does not impose direct compliance 

costs, the funding and consultation 

requirements of Executive Order 13175 

do not apply. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

U.S.C. 601–611) requires each agency to 

analyze regulations and assess their 

impact on small businesses and other 

small entities to determine whether the 

rule is expected to have a significant 

impact on a substantial number of small 

entities. The provisions of this rule 

apply specifically to businesses not 

falling within the small entities 

category. Therefore, PHMSA certifies 

this rule would not have a significant 

economic impact on a substantial 

number of small entities. 


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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Proposed Rules 5261 

F. Unfunded Mandates Reform Act of 

1995 

This proposed rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more, in the aggregate, 

to any of the following: State, local, or 

Native American tribal governments, or 

the private sector. 

G. Paperwork Reduction Act 

Under 49 U.S.C. 5108(i), the 

information management requirements 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) do not apply to this 

proposed rule. 

H. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document may be used 

to cross-reference this action with the 

Unified Agenda. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major federal actions and prepare a 

detailed statement on actions 

significantly affecting the quality of the 

human environment. There are no 

significant environmental impacts 

associated with this proposed rule. 

PHMSA is proposing in this rule 

changes to the requirements in the 

Hazardous Materials Regulations on the 

registration and fee assessment program 

for persons who transport or offer for 

transportation certain categories and 

quantities of hazardous materials. The 

proposed increase in registration fees 

will provide additional funding for the 

HMEP program to help mitigate the 

safety and environmental consequences 

of hazardous materials transportation 

accidents. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comments (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov. 

List of Subjects in 49 CFR Part 107 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, we 

propose to amend 49 CFR Part 107 as 

follows: 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

1. The authority citation for part 107 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 section 4 (28 U.S.C. 2461 

note); Pub. L. 104–121 sections 212–213; 

Pub. L. 104–134 section 31001; 49 CFR 1.45, 

1.53. 

2. Revise § 107.612 to read as follows: 

§ 107.612 Amount of fee. 

(a) For the registration year 2010– 

2011 and subsequent years, each person 

offering for transportation or 

transporting in commerce a material 

listed in § 107.601(a) must pay an 

annual registration fee, as follows: 

(1) Small business. Each person that 

qualifies as a small business, under 

criteria specified in 13 CFR part 121 

applicable to the North American 

Industry Classification System (NAICS) 

code that describes that person’s 

primary commercial activity, must pay 

an annual registration fee of $250 and 

the processing fee required by paragraph 

(a)(4) of this section. 

(2) Not-for-profit organization. Each 

not-for-profit organization must pay an 

annual registration fee of $250 and the 

processing fee required by paragraph 

(a)(4) of this section. A not-for-profit 

organization is an organization exempt 

from taxation under 26 U.S.C. 501(a). 

(3) Other than a small business or notfor-profit organization. Each person that 

does not meet the criteria specified in 

paragraph (a)(1) or (a)(2) of this section 

must pay an annual registration fee of 

$2,975 and the processing fee required 

by paragraph (a)(4) of this section. 

(4) Processing fee. The processing fee 

is $25 for each registration statement 

filed. A single statement may be filed for 

one, two, or three registration years as 

provided in § 107.616(c). 

(b) For registration years 2009–2010 

and prior years, each person offering for 

transportation or transporting in 

commerce a material listed in 

§ 107.601(a) must pay the annual 

registration fee, including the 

processing fee, in effect for the specific 

registration year. 

Issued in Washington, DC, on January 28, 

2010, under authority delegated in 49 CFR 

part 106. 

Magdy El-Sibaie, 

Acting Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. 2010–2174 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1244 

[STB Ex Parte No. 385 (Sub-No. 7)] 

Waybill Data Reporting for Toxic 

Inhalation Hazards 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Board proposes to amend 

its rules with respect to Waybill Sample 

information railroads are required to 

submit to the Board. Currently, railroads 

that are required to file Waybill Sample 

information report a random sample of 

as little as 1% of carloads on a waybill. 

The proposed amendment, set forth 

below, would expand the carload 

Waybill Sample information submitted 

to include all traffic movements 

designated as a TIH (Toxic Inhalation 

Hazard). The revised reporting would 

commence with the January 2011 

Waybill Sample collection. 

DATES: Comments on this proposal are 

due by March 4, 2010. Replies are due 

by April 5, 2010. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the E– 

FILING link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: STB Ex Parte No. 385 (SubNo. 7), 395 E Street, SW., Washington, 

DC 20423–0001. 

Copies of written comments received 

by the Board will be posted to the 

Board’s Web site at http:// 

www.stb.dot.gov and will be available 

for viewing and self-copying in the 

Board’s Public Docket Room, Suite 131, 

395 E Street, SW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Paul 

Aguiar, (202) 245–0323. [Assistance for 

the hearing impaired is available 

through Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: A carload 

waybill is a document describing the 


erowe on DSKG8SOYB1PROD with PROPOSALS-1