[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Proposed Rules]
[Page 36294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13677]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1244

[STB Ex Parte No. 385 (Sub-No. 6)]


Waybill Sample

AGENCY: Surface Transportation Board, DOT.

ACTION: Proposed rule.

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SUMMARY: The Board is proposing to require all carriers that submit 
carload-waybill-sample information (Waybill Sample) under 49 CFR part 
1244 to report fuel surcharge revenue in a separate waybill field 
created by the Board for that purpose, commencing with the Waybill 
Sample filed for January 2009. The Board will revise the waybill-file-
record layout to reflect this change.

DATES: Comments are due by July 18, 2008.

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 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 (Sub-No. 6), 
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) 245-0235 or 395 E Street, SW., Washington, DC 20423-
0001.

FOR FURTHER INFORMATION, CONTACT: Mac Frampton, (202) 245-0317 or 
[email protected]. [Federal Information Relay Service (FIRS) for 
the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Board is proposing to require rail 
carriers to submit waybill information about fuel surcharge revenue as 
a separate item within the Waybill Sample.
    A carload waybill is a document describing the characteristics of 
an individual rail shipment: originating and terminating freight 
stations, the names of all railroads participating in the movement, the 
points of all railroad interchanges, the number of cars, the car types, 
movement weight in hundredweight, the commodity, and the freight 
revenue. Under 49 CFR part 1244, a railroad is required to file a 
Waybill Sample for all line-haul revenue waybills terminating on its 
lines if, in any of the three preceding years, the railroad terminated 
4500 or more carloads, or it terminated at least 5% of the total 
revenue carloads that terminate in a particular state.
    The Waybill Sample is the Board's primary source of information 
about freight rail shipments terminated in the United States. Of 
particular importance, the Board relies on the data in the ``Freight 
Revenue'' field to compute its ``Revenue Shortfall Allocation Method'' 
(RSAM) benchmarks.
    In the last few years, questions have been raised about how 
railroads reported fuel surcharge revenue in the Waybill Sample. The 
Board sought to address those questions, and to provide for consistency 
in the reporting of fuel surcharge revenue in the Waybill Sample, by 
clarifying that all railroads that are required to submit a Waybill 
Sample under 49 CFR part 1244 should report fuel surcharge revenue in 
the ``Freight Revenue'' field (columns 83-91) in the waybill-file-
record layout. Waybill Sample, STB Ex Parte No. 385 (Sub-No. 6) 
(Clarification) (published at 72 FR 72000 on December 19, 2007).
    In a request for reconsideration filed on December 31, 2007, the 
National Industrial Transportation League (NITL) argued that the 
Board's Clarification made it more difficult to identify fuel surcharge 
revenue in the Waybill Sample and, therefore, did not promote 
transparency as to the use of fuel surcharges by rail carriers. NITL, 
with the support of several other shippers, shipping groups, and other 
interests, asked the Board to require all carriers that submit a 
Waybill Sample to report fuel surcharge revenue separately in a Waybill 
Sample field established for that purpose. No rail carrier objected to, 
or even responded to, NITL's petition.
    As explained in more detail in the Board's decision served on June 
16, 2008, reporting fuel surcharge revenue in a separate field in the 
Waybill Sample will increase transparency about the use of fuel 
surcharges by rail carriers without detracting from the Board's ability 
to obtain consistent results for the purposes of including such revenue 
in its RSAM calculations. Therefore, the Board proposes to revise the 
waybill-file-record layout to create a new field for the purpose of 
reporting fuel surcharge revenue.
    The Board's June 16, 2008 decision in this proceeding is available 
on the Board's Web site at www.stb.dot.gov. Copies of the decision will 
also be available for viewing and self-copying in the Board's Public 
Docket Room, Suite 131, 395 E Street, SW., Washington, DC, or (for a 
fee) by contacting the Board's Chief Records Officer at (202) 245-0235 
or 395 E Street, SW., Washington, DC 20423-0001.
    The Board will request incorporation by reference approval from the 
Director of the Federal Register pursuant to 1 CFR part 51 for the 
January 2009 edition of Statement No. 81-1, Procedures for Sampling 
Waybill Records by Computer.
    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.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1244

    Freight, Railroads, Reporting and recordkeeping.

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

    Decided: June 12, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-13677 Filed 6-25-08; 8:45 am]
BILLING CODE 4915-01-P