[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Rules and Regulations]
[Pages 1051-1052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-328]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1247

[STB Ex Parte No. 583]


Modification of the Class I Reporting Regulations

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: New regulations, requiring all Class I railroads to report the 
number of railroad cars loaded and terminated annually are adopted. The 
new reporting requirement will ensure the continued availability of 
important data--heretofore only voluntarily reported to, and supplied 
to the Surface Transportation Board (Board) by, the Association of 
American Railroads (AAR)--needed by the Board for application of the 
Uniform Railroad Costing System (URCS), its railroad cost accounting 
system.

EFFECTIVE DATE: January 1, 2001.

FOR FURTHER INFORMATION CONTACT: Paul A. Aguiar, (202) 565-1527 or H. 
Jeff Warren, (202) 565-1533. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service 1-800-877-
8339.]

SUPPLEMENTARY INFORMATION: In a Notice of Proposed Rulemaking (NPR) 
served July 18, 2000, comments were solicited on modifying Chapter X of 
the Code of Federal Regulations Title 49, Part 1247 to require Class I 
railroads to submit a new report--Annual Report of Cars Loaded and Cars 
Terminated (Form STB-54). This new report would require Class I 
railroads to report the number of cars loaded and terminated during 
each calendar year. Currently, the AAR collects such data quarterly and 
aggregates the information on a yearly basis in its annual reports (AAR 
Form CS-54-1) for each railroad.
    Historically, we have relied on AAR Form CS-54-1 to obtain certain 
inputs for URCS. However, to ensure the continued availability of these 
data, we proposed that Class I railroads file an abbreviated version of 
AAR Form CS-54-1 with the Board. We proposed to require the reporting 
of only that data used as inputs for URCS--sections A and B of AAR Form 
CS-54-1.
    Comments on the NPR were filed by the Western Coal Traffic League, 
United Transportation Union-Illinois Legislative Board (UTU-IL), and 
the U.S. Department of Agriculture. All three parties fully support the 
proposal. In addition, UTU-IL suggests that we: (1) Require the 
carriers to file quarterly, as well as annual, information; (2) make 
Form STB-54 data available for inspection in our public reference room 
rather than in the Office of Economics, Environmental Analysis, and 
Administration (OEEAA); and (3) adopt a definition of ``dependent short 
line'' railroads and require Class I railroads to list their dependent 
short lines.\1\
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    \1\ Traffic loaded and terminated on dependent short line 
railroads is to be reported by Class I railroads as if it was loaded 
or terminated by the Class I carrier.
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    We will adopt the proposed reporting requirement supported by all 
commenters. We decline, however, to adopt UTU-IL's additional 
proposals. Regarding the suggestion to have railroads file quarterly 
data, it would be inappropriate to adopt the UTU-IL proposal without 
first affording railroads the opportunity to comment. More importantly, 
we see no reason to burden the railroads with filing quarterly data 
that we would not use. While UTU-IL contends that the filing of 
quarterly data will assure ``the integrity of the process,'' it has not 
explained why that is so, and we fail to see how filing such data would 
provide any benefit.
    In addition, we see no need to maintain a second set of Form STB-54 
data in our public reference room. UTU-IL has not shown that housing 
the data in OEEAA will place any unreasonable burden on the public or 
limit access to the information. Indeed, all other cost and traffic 
data reported by the railroads are available to the public only in 
OEEAA and we have received no reports of dissatisfaction with this 
arrangement. Because the data is used on a regular basis by OEEAA 
staff, it is administratively most practical to house the data where it 
is used and UTU-IL has provided no compelling reason to maintain a 
duplicate set of data in the public reference room.
    Finally, under our proposal, we expect the railroads to apply the 
term ``dependent short line'' in the same manner as it has been applied 
in prior years to compile AAR Form CS-54-1. This will ensure 
comparability of data from year-to-year. We see no need, and UTU-IL has 
suggested none, to have railroads provide a list of their dependent 
short lines. Because it is our longstanding policy not to burden the 
industry by requiring the filing of unneeded information, we reject 
this proposal.
    The regulations set forth below are adopted and will be codified at 
49 CFR 1247. Copies of Form STB-54 and its instructions will be 
available on the Board's web site under forms (http://www.stb.dot.gov/infoex1.htm#forms). Alternatively, copies can be requested by writing 
or calling the contact persons listed above.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.
    Because only large railroads will be affected by the new reporting 
requirement, we conclude that our action will not have a significant 
economic impact on a substantial number of small entities within the

[[Page 1052]]

meaning of the Regulatory Flexibility Act.

List of Subjects in 49 CFR Part 1247

    Freight, Railroads, Reporting and recordkeeping requirements.

    Decided: December 29, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.

    For the reasons set forth above, Title 49, Part 1247 Report of Cars 
Loaded and Cars Terminated is added to Chapter X of the Code of Federal 
Regulations to read as follows:

PART 1247--REPORT OF CARS LOADED AND CARS TERMINATED

    Authority: 49 U.S.C. 721, 10707, 11144, 11145.


Sec. 1247.1  Annual Report of Cars Loaded and Cars Terminated.

    Beginning with the reporting period commencing January 1, 2001, and 
annually thereafter, each Class I railroad shall file Form STB-54, 
Annual Report of Cars Loaded and Cars Terminated, together with the 
accompanying certification, with the Office of Economics, Environmental 
Analysis, and Administration (OEEAA), Surface Transportation Board, 
Washington, DC 20243, within 90 days after the end of the reporting 
year. Blank forms and instructions are available on the Board's web 
site (http://www.stb.dot.gov/infoex1.htm#forms) or can be obtained by 
contacting OEEAA.

[FR Doc. 01-328 Filed 1-4-01; 8:45 am]
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