80 FR 39045 - Accelerating Reporting Requirements for Class I Railroads

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 130 (July 8, 2015)

Page Range		39045-39049
FR Document		2015-15407

The Surface Transportation Board (Board or STB) proposes to revise its regulations to accelerate the filing deadlines for eight reports submitted by Class I railroads: Schedule 250 (required under the Annual Report Form R-1); Quarterly Condensed Balance Sheet Forms (CBS); Quarterly Revenue, Expenses, and Income Reports (RE&I); Quarterly and Annual Wage Forms A&B; Quarterly Reports of Fuel Cost, Consumption, and Surcharge Revenue; Quarterly and Annual Freight Commodity Statistics Report Forms (QCS); Annual Report of Cars Loaded and Terminated (Form STB-54); and Monthly Report of Number of Employees (Form C).

Federal Register, Volume 80 Issue 130 (Wednesday, July 8, 2015)

[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Proposed Rules]
[Pages 39045-39049]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-15407]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1241, 1242, 1243, 1244, 1245, 1246, 1247, and 1248

[Docket No. EP 701]

Accelerating Reporting Requirements for Class I Railroads

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (Board or STB) proposes to
revise its regulations to accelerate the filing deadlines for eight
reports submitted by Class I railroads: Schedule 250 (required under
the Annual Report Form R-1); Quarterly Condensed Balance Sheet Forms
(CBS); Quarterly Revenue, Expenses, and Income Reports (RE&I);
Quarterly and Annual Wage Forms A&B; Quarterly Reports of Fuel Cost,
Consumption, and Surcharge Revenue; Quarterly and Annual Freight
Commodity Statistics Report Forms (QCS); Annual Report of Cars Loaded
and Terminated (Form STB-54); and Monthly Report of Number of Employees
(Form C).

DATES: Comments on this proposed rulemaking are due on or before August
7, 2015; reply comments are due by September 8, 2015.

ADDRESSES: Comments may be submitted either via the Board's e-filing
format or in the traditional paper format. Any person using e-filing
should attach a document and otherwise comply with the instructions at
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov.
Any person submitting a filing in the traditional paper format should
send an original and 10 copies to: Surface Transportation Board, Attn:
Docket No. EP 701, 395 E Street SW., Washington, DC 20423-0001.
Copies of written comments received by the Board will be posted to
the Board's Web site at http://www.stb.dot.gov and will be available
for viewing and self-copying in the Board's Public Docket Room, Suite
131, 395 E Street SW., Washington, DC. Copies of the comments will also
be available (for a fee) by contacting the Board's Chief Records
Officer at (202) 245-0238 or 395 E Street SW., Washington, DC 20423-
0001.

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

SUPPLEMENTARY INFORMATION: The Board has authority to collect financial
and statistical data from Class I railroads as necessary for the
economic oversight of the industry. 49 U.S.C. 721(b), 11145. To this
end, the Board's regulations require Class I railroads to submit
annual, quarterly, and monthly reports containing financial and
operating statistics, including employment and traffic data. 49 U.S.C.
11145; 49 CFR parts 1241 through 1248. The data collected is used by
the Board in various decisions as well as by other governmental
agencies and interested parties in evaluating the railroad industry.
The proposed changes to filing deadlines would further facilitate
the

[[Page 39046]]

Board's oversight of Class I railroads. Earlier reporting of financial
information would also allow the Board and the public to more quickly
identify and evaluate emerging trends, business conditions, and issues
related to Class I railroads. The Board's decisions concerning revenue
and expenses of the railroads would be based on more current
information.
Many of the current reporting deadlines have not been revised for
over four decades. For example, the filing dates for Form RE&I and Form
CBS have not been modified since March 16, 1972. Since then, reporting
and information technology has improved, allowing data to be more
easily compiled.
Proposed Filing Deadlines. The proposed regulations would provide
for more timely filing deadlines:
(1) Schedule 250 would be required to be filed with the Annual
Report Form R-1 by March 31 of the year following the report year (49
CFR 1241.11), instead of by April 30;
(2) Quarterly Report Forms RE&I (49 CFR 1243.1), CBS (49 CFR
1243.2), and Report of Fuel Cost, Consumption, and Surcharge Revenue
(49 CFR 1243.3) would be required to be filed within 15 days, instead
of 30 days, after the end of each quarter;
(3) Quarterly Wage Forms A & B would be required to be filed 15
days after the end of each quarter, instead of 30 days, and Annual Wage
Forms A & B would be required to be filed 30 days after the end of each
year, instead of 45 days (49 CFR 1245.2);\1\
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\1\ The form titles currently provided in 49 CFR 1245.2, ``Form
QRSC'' and ``Form ARSC'' are outdated. The form titles will be
updated if the Board adopts final rules in this proceeding.
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(4) Quarterly and Annual Form QCS would be required to be filed 30
days after the end of each period for which they are compiled, instead
of 60 days (49 CFR 1248.5);
(5) Form C would be required to be filed 10 days after the end of
each month, instead of the current practice of 15 days (49 CFR 1246.1);
\2\ and
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\2\ The current regulations at 49 CFR 1246.1 state that these
reports are due ``by the end of the month to which it applies.'' In
practice, the Board has accepted the report 15 days after the end of
the month. The form title, ``Form MRRE'' is also outdated. The form
title will be updated if the Board adopts final rules in this
proceeding.
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(6) Form STB-54 would be filed 60 days, instead of 90 days, after
the end of each year (49 CFR 1247.1).
The proposed regulations would also amend the language in 49 CFR
1245.3(b) to clarify that the number of employees reported on Forms A &
B should be consistent with the number reported on Form C, pursuant to
part 1246. Similarly, the proposal would amend the language in 49 CFR
1246.1 to clarify the method by which carriers arrive at the monthly
average number of employees. These changes codify the current settled
practice of the reporting railroads. References to the ``Interstate
Commerce Act'' would be replaced with ``part A of subtitle IV of title
49, United States Code'' \3\ between 49 CFR parts 1241 and 1248 to
accurately describe the current controlling statute. We are also
proposing to eliminate the requirement of railroads to file
``duplicate'' copies of reports. Because railroads currently submit
their reports electronically, this eliminates the need for hard copies
to be filed. We are proposing to remove this requirement, with the
exception of the Annual Report Form R-1, which still requires hard
copies to be filed.
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\3\ These are the rail provisions of the Interstate Commerce
Act, as amended by the ICC Termination Act of 1995.
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Only negligible additional burdens to respondent railroads would be
expected as a result of the expedited deadlines being proposed. Due to
the availability of more robust financial and statistical reporting
technology since the adoption of the current Class I railroad reporting
requirements, the information requested should be readily available for
timely filing under the proposed deadlines. In addition, it is standard
practice for companies to compile and summarize accounting transactions
and financial data on a monthly basis, if not more frequently.
Therefore, we anticipate that more timely reporting of the required
information could be accomplished with negligible additional burden on
the railroads.
Paperwork Reduction Act. Pursuant to the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501-3549, and Office of Management and Budget (OMB)
regulations at 5 CFR 1320.8(d)(3), the Board seeks comments regarding:
(1) Whether the revisions to the collections of information proposed
here are necessary for the proper performance of the functions of the
Board, including whether the collection has practical utility; (2) the
accuracy of the Board's burden assessment; (3) ways to enhance the
quality, utility, and clarity of the information collected; and (4)
ways to minimize the burdens of the collections of information on the
respondents, including the use of automated collection techniques or
other forms of information technology, when appropriate. The proposed
revisions described in this notice are being submitted to OMB for
review as required under the PRA, 44 U.S.C. 3507(d) and OMB regulations
at 5 CFR 1320.11. Comments received by the Board regarding the
information collection will also be forwarded to OMB for its review
when the final rule is published.
Regulatory Flexibility Act Certification. Pursuant to 5 U.S.C.
605(b), the Board certifies that this action will not have a
significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act. These proposed
rules will provide revised reporting deadlines for financial and
statistical data for Class I railroads (carriers having annual carrier
operating revenues of $250 million or more as defined by 49 CFR part
1201, General Instruction 1-1(a)). Based on the Small Business
Administration's regulations at 13 CFR 121.201, none of the current
Class I railroads qualify as a small business (1,500 or fewer employees
for line-haul railroads). Therefore, no small entities would be subject
to these requirements. A copy of this decision is being provided to the
Chief Counsel for Advocacy, Small Business Administration.
This action will not significantly affect the quality of the human
environment or the conservation of energy resources.
It is ordered:
1. Comments on this proposal are due by August 7, 2015; reply
comments are due by September 8, 2015.
2. A copy of this decision will be served upon the Chief Counsel
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
3. Notice of this decision will be published in the Federal
Register.
4. This decision is effective on its service date.

List of Subjects

49 CFR Part 1241

Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1242

Railroad and taxes.

49 CFR Part 1243

Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1244

Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1245

Railroad employees, Reporting and recordkeeping requirements,
Wages.

[[Page 39047]]

49 CFR Part 1246

Railroad employees, Reporting and recordkeeping requirements.

49 CFR Part 1247

Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1248

Freight, Railroads, Reporting and recordkeeping requirements,
Statistics.

Decided: June 18, 2015.

By the Board, Acting Chairman Miller and Vice Chairman Begeman.
Jeffrey Herzig,
Clearance Clerk.

For the reasons set forth in the preamble, the Surface
Transportation Board proposes to amend parts 1241, 1242, 1243, 1244,
1245, 1246, 1247, and 1248 of title 49, chapter X, of the Code of
Federal Regulations as follows:

PART 1241--ANNUAL, SPECIAL, OR PERIODIC REPORTS--CARRIERS SUBJECT
TO PART A OF SUBTITLE IV OF TITLE 49, UNITED STATES CODE

0
1. The authority citation for part 1241 continues to read as follows:

Authority: 49 U.S.C. 11145.

0
2. Revise Sec. 1241.1 to read as follows:

Sec. 1241.1 Common carriers.

All common carriers subject to the provisions of part A of subtitle
IV of title 49, United States Code, and the owners of all railroads
engaged in interstate commerce as therein defined, are required to file
in the office of the Board on or before the 31st day of March in each
year, reports covering the preceding year that is being reported,
giving the particulars called for in the annual reports required by the
Board of said carriers and owners of railroads.
0
3. Amend Sec. 1241.11 by revising paragraph (a) to read as follows:

Sec. 1241.11 Annual reports of Class I railroads.

(a) All line-haul railroad companies of Class I, as defined in part
1201 of this chapter, subject to part A of subtitle IV of title 49,
United States Code, are required to file annual reports in accordance
with Railroad Annual Report Form R-1. Such annual report shall be filed
in duplicate in the Office of Economics, Surface Transportation Board,
Washington, DC 20423-0001, on or before March 31 of the year following
the year which is being reported.
* * * * *

PART 1242--SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT
SERVICE AND PASSENGER SERVICE FOR RAILROADS

0
4. The authority citation for part 1242 continues to read as follows:

Authority: 49 U.S.C. 721, 11142.

0
5. Amend Sec. 1242.00 by revising paragraph (a) to read as follows:

Sec. 1242.00 Separation of common operating expenses.

(a) All Class I railroad companies including Class I switching and
terminal companies subject to part A of subtitle IV of title 49, United
States Code, shall separate operating expenses common to both freight
service and passenger service in accordance with the regulation in this
part.
* * * * *

PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS

0
6. The authority citation for part 1243 continues to read as follows:

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

0
7. Revise Sec. 1243.1 to read as follows:

Sec. 1243.1 Revenues, expenses and income.

All Class I railroads, except switching and terminal companies,
subject to the provisions of part A of subtitle IV of title 49, United
States Code, are required to compile and file quarterly reports of
revenues, expenses and income in accordance with Form RE&I, and
instructions thereon. Such quarterly reports shall be electronically
submitted or filed in the Office of Economics, Surface Transportation
Board, Washington, DC 20423-0001, within 15 days after the end of each
quarter to which they relate.
0
8. Revise Sec. 1243.2 to read as follows:

Sec. 1243.2 Condensed balance sheet.

All Class I railroads, except switching and terminal companies,
subject to the provisions of part A of subtitle IV of title 49, United
States Code, are required to compile and file quarterly reports of
balance sheet items in accordance with Form CBS, and instructions
thereon. Such quarterly reports shall be electronically submitted or
filed with the Office of Economics, Surface Transportation Board,
Washington, DC 20423-0001, within 15 days after the end of each quarter
to which they relate.
0
9. Revise Sec. 1243.3 to read as follows:

Sec. 1243.3 Report of fuel cost, consumption, and surcharge revenue.

All Class I railroads are required to file quarterly a Report of
Fuel Cost, Consumption, and Surcharge Revenue, in accordance with the
Board's reporting form. Such reports shall be electronically submitted
or filed with the Office of Economics, Surface Transportation Board,
Washington, DC 20423-0001, within 15 days after the end of each quarter
reported.

PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS

0
10. The authority citation for part 1244 continues to read as follows:

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

0
11. Revise Sec. 1244.1(a) to read as follows:

Sec. 1244.1 Definitions.

(a) Railroad-an individual railroad or terminal company subject to
part A of subtitle IV of title 49, United States Code, and every
receiver, trustee, executor, administrator or assignee of any such
railroad. If a railroad and its railroad subsidiaries report to the
Board on a consolidated basis, they would collectively be considered as
a railroad.
* * * * *

PART 1245--CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE
AND COMPENSATION

0
12. The authority citation for part 1245 continues to read as follows:

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

0
13. Revise Sec. 1245.2 to read as follows:

Sec. 1245.2 Reports of railroad employees, service and compensation.

All Class I railroads are required to file a Quarterly Report of
Railroad Employees, Service, and Compensation, (Quarterly Forms A & B).
In addition, such carriers shall also file an Annual Report of Railroad
Employees, Service, and Compensation, (Annual Forms A & B) for each
calendar year. Both reports shall be electronically submitted or filed
with the Office of Economics, Surface Transportation Board, Washington,
DC 20423-0001. The quarterly report shall be filed within 15 days after
the end of each calendar quarter. The annual report shall be filed
within 30 days after the end of each reporting year.
0
14. Revise Sec. 1245.3(b) to read as follows:

Sec. 1245.3 Employees; definition, service hours, and compensation.

* * * * *
(b) Counting employees. Because the number of employees fluctuates,
carriers are required to classify and count all of their employees on a
monthly basis,

[[Page 39048]]

consistent with the data reported in accordance with Sec. 1246.1 of
this chapter.
* * * * *

PART 1246--NUMBER OF RAILROAD EMPLOYEES

0
15. The authority citation for part 1246 continues to read as follows:

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

0
16. Revise Sec. 1246.1 to read as follows:

Sec. 1246.1 Monthly report of number of railroad employees.

Each Class I railroad shall file a Monthly Report of Number of
Railroad Employees (Form C) each month. The number reported should
represent the average of the actual count at the beginning of the
reported month and the actual count at the end of the month. The report
should be electronically submitted or mailed to Office of Economics,
Surface Transportation Board, Washington, DC 20423-0001, 10 days after
the end of each month to which it applies.

PART 1247--REPORT OF CARS LOADED AND CARS TERMINATED

0
17. The authority citation for part 1247 continues to read as follows:

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

0
18. Revise Sec. 1247.1 to read as follows:

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

Each Class I railroad shall file Form STB-54, Annual Report of Cars
Loaded and Cars Terminated, together with the accompanying
certification, with the Office of Economics (OE), Surface
Transportation Board, Washington, DC 20243-0001, within 60 days after
the end of each reporting year. Blank forms and instructions are
available on the Board's Web site (http://www.stb.dot.gov) or can be
obtained by contacting OE.

PART 1248--FREIGHT COMMODITY STATISTICS

0
19. The authority citation for part 1248 continues to read as follows:

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

0
20. Revise Sec. 1248.1 to read as follows:

Sec. 1248.1 Freight commodity statistics.

All Class I railroads, as described in part 1201 of this chapter,
subject to part A of subtitle IV of title 49, United States Code, shall
compile and report freight commodity statistics on the basis of the
commodity codes named in Sec. 1248.101. Carriers shall report
quarterly and annually on the basis of the 3, 4 and 5-digit commodity
codes named in that section. Such reports shall be made in conformity
with the outline of terms set forth in Sec. Sec. 1248.2 through
1248.5, as supplemented by instructions included in the appropriate
report form to be supplied to the reporting railroads.
0
21. Revise Sec. 1248.5 to read as follows:

Sec. 1248.5 Report forms and date of filing.

(a) Reports required from Class I carriers by this section shall be
electronically submitted or filed with the Office of Economics, Surface
Transportation Board, Washington, DC 20423-0001, on forms which will be
furnished to the carriers. Data required under Sec. 1248.2 shall be
filed on Form QCS on or before the 30th day succeeding the close of
each period for which they are compiled.
(b) [Reserved]

Note to Sec. 1248.5: The outline of Report Form QCS follows the
tenor of the order.

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

Appendix--Collection Number 1

Title: Class I Railroad Annual Report.
OMB Control Number: 2140-0009.
Form Number: R1.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time Per Response: The railroads currently spend no
more than 800 hours preparing the Annual Report Form R-1, including
time spent reviewing instructions; searching existing data sources;
gathering and maintaining the data needed; completing and reviewing
the collection of information; and converting the data from the
carrier's individual accounting system to the Board's Uniform System
of Accounts (USOA), which ensures that the information will be
presented in a consistent format across all reporting railroads, see
49 U.S.C. 11141-43, 11161-64, 49 CFR parts 1200 and 1201. The
proposed modification would be limited to a change in the due date
for the Report's Schedule 250 and would not increase the hourly
burden.
Frequency of Response: Annual.
Total Annual Hour Burden: No more than 5,600 hours.
Total Annual ``Non-Hour Burden'' Cost: Respondents are currently
required to submit a signed hard copy of this report. We estimate a
total annual cost for all respondents of $28. The proposed
modification will not increase the cost burden.
Needs and Uses: Annual reports are required to be filed by Class
I railroads under 49 U.S.C. 11145. The reports show operating
expenses and operating statistics of the carriers. Operating
expenses include costs for right-of-way and structures, equipment,
train and yard operations, and general and administrative expenses.
Operating statistics include such items as car-miles, revenue-ton-
miles, and gross ton-miles. The reports are used by the Board, other
Federal agencies, and industry groups to monitor and assess railroad
industry growth, financial stability, traffic, and operations, and
to identify industry changes that may affect national transportation
policy. The annual reports also contain multiple schedules. One of
these schedules is the Schedule 250 (required under the Annual
Report Form R-1). The Schedule 250 data is used to compute the rate
of return on net investment (ROI) for the Class I Railroads, which
is used in annual determination of railroad revenue adequacy. See 49
U.S.C. 10704(a)(3); Standards for Railroad Revenue Adequacy, 364
I.C.C. 803 (1981); Standards for Railroad Revenue Adequacy, 3 I.C.C.
2d 261 (1986); and Supplemental Reporting of Consolidated
Information for Revenue Adequacy, 5 I.C.C. 2d 65 (1988). The only
modification being made to the annual report is the modification of
the due date for Schedule 250. Receiving this data at the earlier
date would enable the Board to expedite the Board's revenue-adequacy
determinations. This change in due date was made possible by the
improvements in technology. No other changes to this collection are
being made.
Information from certain schedules contained in these reports is
compiled and published on the Board's Web site, http://www.stb.dot.gov/stb/industry/econ_reports.html. Information in these
reports is not available from any other source.

Collection Number 2

Title: Quarterly Report of Revenues, Expenses, and Income--
Railroads (Form RE&I).
OMB Control Number: 2140-0013.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 6 hours.
Frequency of Response: Quarterly.
Total Annual Hour Burden: 168 hours.
Total Annual ``Non Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection is a report of railroad
operating revenues, operating expenses and income items; it is a
profit and loss statement, disclosing net railway operating income
on a quarterly and year-to-date basis for the current and prior
years. See 49 CFR 1243.1. The Board uses the information in this
report to ensure competitive, efficient, and safe transportation
through general oversight programs that monitor and forecast the
financial and operating condition of railroads, and through
regulation of railroad rate and service issues and rail
restructuring proposals, including railroad mergers, consolidations,
acquisitions of control, and abandonments. Information from these
reports is used by the Board, other Federal agencies, and industry
groups to monitor and assess industry growth and operations, detect
changes in carrier financial stability, and identify trends that may
affect the national transportation system. Some of

[[Page 39049]]

the information from these reports is compiled by the Board in our
quarterly Selected Earnings Data Report, which is published on the
Board's Web site, http://www.stb.dot.gov. The information contained
in these reports is not available from any other source.

Collection Number 3

Title: Quarterly Condensed Balance Sheet--Railroads (Form CBS).
OMB Control Number: 2140-0012.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 6 hours.
Frequency of Response: Quarterly.
Total Annual Hour Burden: 168 hours.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection shows the balance (quarterly and
cumulative) for the current and prior year of the carrier's assets
and liabilities, gross capital expenditures, and revenue tons
carried. See 49 CFR 1243.2. The Board uses the information in this
report to ensure competitive, efficient, and safe transportation
through general oversight programs that monitor and forecast the
financial and operating condition of railroads, and through specific
regulation of railroad rate and service issues and rail
restructuring proposals, including railroad mergers, consolidations,
acquisitions of control, and abandonments. Information from these
reports is used by the Board, other Federal agencies, and industry
groups to assess industry growth and operations, detect changes in
carrier financial stability, and identify trends that may affect the
national transportation system. Revenue ton-miles, which are
reported in these reports, are compiled and published by the Board
in its quarterly Selected Earnings Data Report, which is published
on the Board's Web site, http://www.stb.dot.gov. The information
contained in these reports is not available from any other source.

Collection Number 4

Title: Report of Railroad Employees, Service and Compensation
(Wage Forms A and B).
OMB Control Number: 2140-0004.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 8.
Estimated Time per Response: No more than 30 hours per quarterly
report and 40 hours per annual summation.
Frequency of Response: Quarterly, with an annual summation.
Total Annual Hour Burden: No more than 1280 hours.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection shows the number of employees,
service hours, and compensation, by employee group (e.g., executive,
professional, maintenance-of-way and maintenance of equipment, and
transportation), of the reporting railroads. See 49 CFR part 1245.
The information is used by the Board to forecast labor costs and
measure the efficiency of the reporting railroads. The information
is also used by the Board to evaluate proposed regulated
transactions that may impact rail employees, including mergers and
consolidations, acquisitions of control, purchases, and
abandonments. Other Federal agencies and industry groups, including
the Railroad Retirement Board, Bureau of Labor Statistics, and
Association of American Railroads, use the information contained in
the reports to monitor railroad operations. Certain information from
these reports is compiled and published on the Board's Web site,
http://www.stb.dot.gov. The information contained in these reports
is not available from any other source.

Collection Number 5

Title: Monthly Report of Number of Employees of Class I
Railroads (Form C).
OMB Control Number: 2140-0007.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 8.
Estimated Time per Response: 1.25 hours.
Frequency of Response: Monthly.
Total Annual Hour Burden: 120 hours.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection shows, for each reporting
carrier, the average number of employees at mid-month in the six
job-classification groups that encompass all railroad employees. See
49 CFR part 1246. The information is used by the Board to forecast
labor costs and measure the efficiency of the reporting railroads.
The information is also used by the Board to evaluate the impact on
rail employees of proposed regulated transactions, including mergers
and consolidations, acquisitions of control, purchases, and
abandonments. Other Federal agencies and industry groups, including
the Railroad Retirement Board, Bureau of Labor Statistics, and
Association of American Railroads, use the information contained in
these reports to monitor railroad operations. Certain information
from these reports is compiled and published on the Board's Web
site, http://www.stb.dot.gov. The information contained in these
reports is not available from any other source.

Collection Number 6

Title: Annual Report of Cars Loaded and Cars Terminated.
OMB Control Number: 2140-0011.
Form Number: Form STB-54.
Type of Review: Revision of a currently approved collection.
Number of Respondents: 7.
Estimated Time per Response: 4 hours.
Frequency of Response: Annual.
Total Annual Hour Burden: 28 hours.
Total Annual ``Non Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection reports the number of cars
loaded and cars terminated on the reporting carrier's line. See 49
CFR part 1247. Information in this report is entered into the
Board's URCS, the uses of which are explained under Collection
Number 1. There is no other source for the information contained in
this report.

Collection Number 7

Title: Quarterly Report of Freight Commodity Statistics (Form
QCS).
OMB Control Number: 2140-0001.
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 217 hours.
Frequency of Response: Quarterly, with an annual summation.
Total Annual Hour Burden: 7,595 hours annually.
Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost''
burdens associated with this collection have been identified.
Needs and Uses: This collection, which is based on information
contained in carload waybills used by railroads in the ordinary
course of business, reports car loadings and total revenues by
commodity code for each commodity that moved on the railroad during
the reporting period. See 49 CFR part 1248. Information in this
report is entered into the Board's URCS, the uses of which are
explained under Collection Number 1. There is no other source for
the information contained in this report.

Collection Number 8

Title: Report of Fuel Cost, Consumption, and Surcharge Revenue.
OMB Control Number: 2140-0014.
STB Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents: Class I railroads.
Number of Respondents: 7.
Estimated Time per Response: 1 hour.
Frequency: Quarterly.
Total Burden Hours (annually including all respondents): 28
hours.
Total ``Non-hour Burden'' Cost: None identified.
Needs and Uses: Under 49 U.S.C. 10702, the Surface
Transportation Board has the authority to address the reasonableness
of a rail carrier's practices. The proposed information collection
is intended to permit the Board to monitor the current fuel
surcharge practices of the Class I carriers. Failure to collect this
information would impede the Board's ability to monitor the current
fuel surcharge practices of Class I carriers. The Board has
authority to collect information about rail costs and revenues under
49 U.S.C. 11144 and 11145.

[FR Doc. 2015-15407 Filed 7-7-15; 8:45 am]
BILLING CODE 4915-01-P

39046 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules

Board’s oversight of Class I railroads. Similarly, the proposal would amend 3507(d) and OMB regulations at 5 CFR
Earlier reporting of financial the language in 49 CFR 1246.1 to clarify 1320.11. Comments received by the
information would also allow the Board the method by which carriers arrive at Board regarding the information
and the public to more quickly identify the monthly average number of collection will also be forwarded to
and evaluate emerging trends, business employees. These changes codify the OMB for its review when the final rule
conditions, and issues related to Class I current settled practice of the reporting is published.
railroads. The Board’s decisions railroads. References to the ‘‘Interstate Regulatory Flexibility Act
concerning revenue and expenses of the Commerce Act’’ would be replaced with Certification. Pursuant to 5 U.S.C.
railroads would be based on more ‘‘part A of subtitle IV of title 49, United 605(b), the Board certifies that this
current information. States Code’’ 3 between 49 CFR parts action will not have a significant
Many of the current reporting 1241 and 1248 to accurately describe economic effect on a substantial number
deadlines have not been revised for over the current controlling statute. We are of small entities within the meaning of
four decades. For example, the filing also proposing to eliminate the the Regulatory Flexibility Act. These
dates for Form RE&I and Form CBS have requirement of railroads to file proposed rules will provide revised
not been modified since March 16, ‘‘duplicate’’ copies of reports. Because reporting deadlines for financial and
1972. Since then, reporting and railroads currently submit their reports statistical data for Class I railroads
information technology has improved, electronically, this eliminates the need (carriers having annual carrier operating
allowing data to be more easily for hard copies to be filed. We are revenues of $250 million or more as
compiled. proposing to remove this requirement, defined by 49 CFR part 1201, General
Proposed Filing Deadlines. The with the exception of the Annual Report Instruction 1–1(a)). Based on the Small
proposed regulations would provide for Form R–1, which still requires hard Business Administration’s regulations at
more timely filing deadlines: copies to be filed.
(1) Schedule 250 would be required to 13 CFR 121.201, none of the current
Only negligible additional burdens to
be filed with the Annual Report Form Class I railroads qualify as a small
respondent railroads would be expected
R–1 by March 31 of the year following business (1,500 or fewer employees for
as a result of the expedited deadlines
the report year (49 CFR 1241.11), line-haul railroads). Therefore, no small
being proposed. Due to the availability
instead of by April 30; entities would be subject to these
of more robust financial and statistical
(2) Quarterly Report Forms RE&I (49 requirements. A copy of this decision is
reporting technology since the adoption
CFR 1243.1), CBS (49 CFR 1243.2), and being provided to the Chief Counsel for
of the current Class I railroad reporting
Report of Fuel Cost, Consumption, and Advocacy, Small Business
requirements, the information requested
Surcharge Revenue (49 CFR 1243.3) Administration.
should be readily available for timely
would be required to be filed within 15 filing under the proposed deadlines. In This action will not significantly
days, instead of 30 days, after the end addition, it is standard practice for affect the quality of the human
of each quarter; companies to compile and summarize environment or the conservation of
(3) Quarterly Wage Forms A & B accounting transactions and financial energy resources.
would be required to be filed 15 days data on a monthly basis, if not more It is ordered:
after the end of each quarter, instead of frequently. Therefore, we anticipate that 1. Comments on this proposal are due
30 days, and Annual Wage Forms A & more timely reporting of the required by August 7, 2015; reply comments are
B would be required to be filed 30 days information could be accomplished due by September 8, 2015.
after the end of each year, instead of 45 with negligible additional burden on the 2. A copy of this decision will be
days (49 CFR 1245.2);1 railroads. served upon the Chief Counsel for
(4) Quarterly and Annual Form QCS Paperwork Reduction Act. Pursuant to Advocacy, Office of Advocacy, U.S.
would be required to be filed 30 days the Paperwork Reduction Act (PRA), 44 Small Business Administration.
after the end of each period for which U.S.C. 3501–3549, and Office of
they are compiled, instead of 60 days 3. Notice of this decision will be
Management and Budget (OMB)
(49 CFR 1248.5); published in the Federal Register.
regulations at 5 CFR 1320.8(d)(3), the
(5) Form C would be required to be Board seeks comments regarding: (1) 4. This decision is effective on its
filed 10 days after the end of each Whether the revisions to the collections service date.
month, instead of the current practice of of information proposed here are List of Subjects
15 days (49 CFR 1246.1); 2 and necessary for the proper performance of
(6) Form STB–54 would be filed 60 the functions of the Board, including 49 CFR Part 1241
days, instead of 90 days, after the end whether the collection has practical
of each year (49 CFR 1247.1). Railroads, Reporting and
utility; (2) the accuracy of the Board’s recordkeeping requirements.
The proposed regulations would also
burden assessment; (3) ways to enhance
amend the language in 49 CFR 1245.3(b) 49 CFR Part 1242
the quality, utility, and clarity of the
to clarify that the number of employees
information collected; and (4) ways to Railroad and taxes.
reported on Forms A & B should be
minimize the burdens of the collections
consistent with the number reported on 49 CFR Part 1243
of information on the respondents,
Form C, pursuant to part 1246.
including the use of automated Railroads, Reporting and
1 The form titles currently provided in 49 CFR
collection techniques or other forms of recordkeeping requirements.
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1245.2, ‘‘Form QRSC’’ and ‘‘Form ARSC’’ are information technology, when
outdated. The form titles will be updated if the appropriate. The proposed revisions 49 CFR Part 1244
Board adopts final rules in this proceeding. described in this notice are being
2 The current regulations at 49 CFR 1246.1 state Freight, Railroads, Reporting and
submitted to OMB for review as
that these reports are due ‘‘by the end of the month recordkeeping requirements.
to which it applies.’’ In practice, the Board has required under the PRA, 44 U.S.C.
accepted the report 15 days after the end of the 49 CFR Part 1245
month. The form title, ‘‘Form MRRE’’ is also 3 These
are the rail provisions of the Interstate
outdated. The form title will be updated if the Commerce Act, as amended by the ICC Termination Railroad employees, Reporting and
Board adopts final rules in this proceeding. Act of 1995. recordkeeping requirements, Wages.

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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules 39049

the information from these reports is compensation, by employee group (e.g., Total Annual ‘‘Non Hour Burden’’ Cost: No
compiled by the Board in our quarterly executive, professional, maintenance-of-way ‘‘non-hour cost’’ burdens associated with this
Selected Earnings Data Report, which is and maintenance of equipment, and collection have been identified.
published on the Board’s Web site, http:// transportation), of the reporting railroads. See Needs and Uses: This collection reports the
www.stb.dot.gov. The information contained 49 CFR part 1245. The information is used number of cars loaded and cars terminated
in these reports is not available from any by the Board to forecast labor costs and on the reporting carrier’s line. See 49 CFR
other source. measure the efficiency of the reporting part 1247. Information in this report is
railroads. The information is also used by the entered into the Board’s URCS, the uses of
Collection Number 3 Board to evaluate proposed regulated which are explained under Collection
Title: Quarterly Condensed Balance transactions that may impact rail employees, Number 1. There is no other source for the
Sheet—Railroads (Form CBS). including mergers and consolidations, information contained in this report.
OMB Control Number: 2140–0012. acquisitions of control, purchases, and
Form Number: None. abandonments. Other Federal agencies and Collection Number 7
Type of Review: Revision of a currently industry groups, including the Railroad Title: Quarterly Report of Freight
approved collection. Retirement Board, Bureau of Labor Statistics, Commodity Statistics (Form QCS).
Respondents: Class I railroads. and Association of American Railroads, use OMB Control Number: 2140–0001.
Number of Respondents: 7. the information contained in the reports to Form Number: None.
Estimated Time per Response: 6 hours. monitor railroad operations. Certain Type of Review: Revision of a currently
Frequency of Response: Quarterly. information from these reports is compiled
approved collection.
Total Annual Hour Burden: 168 hours. and published on the Board’s Web site,
Total Annual ‘‘Non-Hour Burden’’ Cost: No Respondents: Class I railroads.
http://www.stb.dot.gov. The information
‘‘non-hour cost’’ burdens associated with this Number of Respondents: 7.
contained in these reports is not available
collection have been identified. Estimated Time per Response: 217 hours.
from any other source.
Needs and Uses: This collection shows the Frequency of Response: Quarterly, with an
balance (quarterly and cumulative) for the Collection Number 5 annual summation.
current and prior year of the carrier’s assets Title: Monthly Report of Number of Total Annual Hour Burden: 7,595 hours
and liabilities, gross capital expenditures, Employees of Class I Railroads (Form C). annually.
and revenue tons carried. See 49 CFR 1243.2. OMB Control Number: 2140–0007. Total Annual ‘‘Non-Hour Burden’’ Cost: No
The Board uses the information in this report Form Number: None. ‘‘non-hour cost’’ burdens associated with this
to ensure competitive, efficient, and safe Type of Review: Revision of a currently collection have been identified.
transportation through general oversight approved collection. Needs and Uses: This collection, which is
programs that monitor and forecast the Respondents: Class I railroads. based on information contained in carload
financial and operating condition of Number of Respondents: 8. waybills used by railroads in the ordinary
railroads, and through specific regulation of Estimated Time per Response: 1.25 hours. course of business, reports car loadings and
railroad rate and service issues and rail Frequency of Response: Monthly. total revenues by commodity code for each
restructuring proposals, including railroad Total Annual Hour Burden: 120 hours. commodity that moved on the railroad
mergers, consolidations, acquisitions of Total Annual ‘‘Non-Hour Burden’’ Cost: No during the reporting period. See 49 CFR part
control, and abandonments. Information from ‘‘non-hour cost’’ burdens associated with this 1248. Information in this report is entered
these reports is used by the Board, other collection have been identified. into the Board’s URCS, the uses of which are
Federal agencies, and industry groups to Needs and Uses: This collection shows, for explained under Collection Number 1. There
assess industry growth and operations, detect each reporting carrier, the average number of is no other source for the information
changes in carrier financial stability, and employees at mid-month in the six job- contained in this report.
identify trends that may affect the national classification groups that encompass all
transportation system. Revenue ton-miles, railroad employees. See 49 CFR part 1246. Collection Number 8
which are reported in these reports, are The information is used by the Board to Title: Report of Fuel Cost, Consumption,
compiled and published by the Board in its forecast labor costs and measure the and Surcharge Revenue.
quarterly Selected Earnings Data Report, efficiency of the reporting railroads. The OMB Control Number: 2140–0014.
which is published on the Board’s Web site, information is also used by the Board to STB Form Number: None.
http://www.stb.dot.gov. The information evaluate the impact on rail employees of Type of Review: Revision of a currently
contained in these reports is not available proposed regulated transactions, including approved collection.
from any other source. mergers and consolidations, acquisitions of Respondents: Class I railroads.
control, purchases, and abandonments. Other Number of Respondents: 7.
Collection Number 4 Federal agencies and industry groups, Estimated Time per Response: 1 hour.
Title: Report of Railroad Employees, including the Railroad Retirement Board, Frequency: Quarterly.
Service and Compensation (Wage Forms A Bureau of Labor Statistics, and Association of Total Burden Hours (annually including all
and B). American Railroads, use the information respondents): 28 hours.
OMB Control Number: 2140–0004. contained in these reports to monitor railroad Total ‘‘Non-hour Burden’’ Cost: None
Form Number: None. operations. Certain information from these identified.
Type of Review: Revision of a currently reports is compiled and published on the Needs and Uses: Under 49 U.S.C. 10702,
approved collection. Board’s Web site, http://www.stb.dot.gov. the Surface Transportation Board has the
Respondents: Class I railroads. The information contained in these reports is authority to address the reasonableness of a
Number of Respondents: 8. not available from any other source. rail carrier’s practices. The proposed
Estimated Time per Response: No more information collection is intended to permit
than 30 hours per quarterly report and 40 Collection Number 6
the Board to monitor the current fuel
hours per annual summation. Title: Annual Report of Cars Loaded and surcharge practices of the Class I carriers.
Frequency of Response: Quarterly, with an Cars Terminated. Failure to collect this information would
annual summation. OMB Control Number: 2140–0011. impede the Board’s ability to monitor the
srobinson on DSK5SPTVN1PROD with PROPOSALS

Total Annual Hour Burden: No more than Form Number: Form STB–54. current fuel surcharge practices of Class I
1280 hours. Type of Review: Revision of a currently carriers. The Board has authority to collect
Total Annual ‘‘Non-Hour Burden’’ Cost: No approved collection. information about rail costs and revenues
‘‘non-hour cost’’ burdens associated with this Number of Respondents: 7. under 49 U.S.C. 11144 and 11145.
collection have been identified. Estimated Time per Response: 4 hours.
Needs and Uses: This collection shows the Frequency of Response: Annual. [FR Doc. 2015–15407 Filed 7–7–15; 8:45 am]
number of employees, service hours, and Total Annual Hour Burden: 28 hours. BILLING CODE 4915–01–P

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Document Created: 2018-02-23 09:12:31
Document Modified: 2018-02-23 09:12:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments on this proposed rulemaking are due on or before August 7, 2015; reply comments are due by September 8, 2015.
Contact		Pedro Ramirez, (202) 245-0333. Assistance for the hearing impaired is available through Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation		80 FR 39045
CFR Citation		49 CFR 1241 49 CFR 1242 49 CFR 1243 49 CFR 1244 49 CFR 1245 49 CFR 1246 49 CFR 1247 49 CFR 1248
CFR Associated		Railroads; Reporting and Recordkeeping Requirements; Railroad and Taxes; Freight; Railroad Employees; Wages and Statistics

80 FR 39045 - Accelerating Reporting Requirements for Class I Railroads

DEPARTMENT OF TRANSPORTATIONSurface Transportation Board

Federal Register Volume 80, Issue 130 (July 8, 2015)

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board