[Federal Register Volume 65, Number 175 (Friday, September 8, 2000)]
[Proposed Rules]
[Pages 54471-54472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23136]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1244

[STB Ex Parte No. 385 (Sub-No. 5)]


Modification of the Carload Waybill Sample Reporting Procedures

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board solicits comments on 
modifying the Waybill Sample reporting regulations to require all 
railroads to

[[Page 54472]]

identify international rail traffic moving from or through the United 
States and to report such traffic in the Waybill Sample as if the 
traffic had terminated at the United States border. The intent of this 
proposal is to ensure that the Waybill Sample reflects a representative 
sample of all railroad traffic moving on the United States rail system.

DATES: Comments are due on October 23, 2000.

ADDRESSES: Send comments referring to STB Ex Parte No. 385 (Sub-No. 5) 
to: Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1925 K Street, NW, Washington, D.C. 20423-0001. See 49 CFR part 
1104 for specific filing requirements.

FOR FURTHER INFORMATION CONTACT: James Nash, (202) 565-1542 or H. Jeff 
Warren, (202) 565-1533. [Assistance for the hearing impaired is 
available through TDD services (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Railroads that annually terminate 4,500 or 
more carloads (or 5 percent of the carloads in any state) are required 
to report data, including revenues, on individual movements drawn from 
a representative sampling of their traffic. This Waybill Sample is used 
for a variety of purposes by the Board, by parties appearing before the 
agency, by other Federal and State agencies, and by the public in 
general. Because of the increasing volume of rail traffic moving 
between the United States, Canada and Mexico, we are proposing to 
revise the Waybill Sample reporting requirements to ensure that the 
United States portion of such traffic is captured in the Waybill 
Sample. To do so, we seek comment on requiring all railroads operating 
in the United States: (1) To report traffic moving to Canada or Mexico 
as if it terminated at the United States border, (2) to identify 
(``flag'') that traffic as international traffic in the waybill 
records, and (3) to report only the United States portion of the total 
revenue. \1\
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    \1\ The Waybill Sample reporting railroad would be required to 
calculate the revenue for international traffic as the total 
shipment revenue less that portion of the total revenue attributable 
to those segments of the movement occurring outside the United 
States.
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    Without this modification, the Waybill Sample will not reflect 
information on railroad shipments that originate in the United States 
and terminate in either Canada or Mexico or that originate in either 
Canada or Mexico, move though the United States, and terminate outside 
the United States. International traffic moving from or through the 
United States is expected to increase significantly as a result of the 
North American Free Trade Agreement (NAFTA) and this proposal is 
designed to ensure that the Waybill Sample captures that traffic.
    We do not believe this proposed modification will place a 
significant additional reporting burden on the railroad industry. Only 
railroads already submitting a Waybill Sample should be affected, and 
the impact should be limited to a one-time modification of the computer 
programs used to develop the Waybill Sample. Indeed, the Canadian 
National Railway Company and the Canadian Pacific Railway Company have 
volunteered to develop the Waybill Sample for their United States 
affiliates in accordance with our proposed rules.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.
    Pursuant to 5 U.S.C. 605(b), we preliminarily conclude that our 
action will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act.

List of Subjects in 49 CFR Part 1244

    Freight, Railroads, Reporting, and recordkeeping requirements.

    Decided: August 31, 2000.

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

    For the reasons set forth in the preamble, Title 49, Part 1244 of 
the Code of Federal Regulations would be amended as follows:
    1. The authority citation for Part 1244 continues to read as 
follows:

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

    2. Section 1244.3 is amended by revising the heading and adding 
paragraphs (c) through (e) to read as follows:


Sec. 1244.3  Reporting contract shipment waybills and international 
waybills.

* * * * *
    (c) Railroads shall treat international rail traffic that moves 
from or through the United States, but terminates outside the United 
States, as terminating at the United States border.
    (d) Railroads shall identify (``flag'') such movements as 
international traffic in the waybill records.
    (e) Railroads shall include only the United States portion of the 
total revenue of international traffic. The United States portion shall 
be calculated as the total shipment revenue less that portion of the 
total revenue attributable to those segments of the movement occurring 
outside the United States.

[FR Doc. 00-23136 Filed 9-7-00; 8:45 am]
BILLING CODE 4915-00-P