[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Proposed Rules]
[Pages 5261-5263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2150]
-----------------------------------------------------------------------
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 (Sub-No. 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
[[Page 5262]]
characteristics of an individual rail shipment, and includes the
following information: the originating and terminating freight
stations, the railroads participating in the movement, the points of
all railroad interchanges, the number of cars, the car initial and
number, the movement weight in hundredweight, the commodity, and the
freight revenue. Under 49 CFR 1244.2, a railroad is required to file
Waybill Sample information for all line-haul revenue waybills
terminating on its lines if: (a) It terminated at least 4,500 revenue
carloads in any of the 3 preceding years; or (b) it terminated at least
5% of the revenue carloads terminating in any state in any of the 3
preceding years. The Board recognizes that some of the submitted
information is commercially sensitive, and thus the Board's regulations
place limitations on releasing Waybill Sample data. See 49 CFR 1244.9.
The Waybill Sample is the Board's primary source of information
about freight rail shipments terminating in the United States. The
expanded information gathered from this proposed rule would permit the
Board to assess more accurately TIH traffic within the United States,
and specifically would be beneficial in Three-Benchmark rail rate cases
involving TIH traffic. In those cases, the parties would have more data
to draw upon when forming their comparison groups; therefore, the
parties could construct comparison groups that would be more comparable
to the issue traffic.\1\ The additional information would also assist
the Board in quantifying the magnitude of TIH traffic, and would help
the Board more accurately measure the associated costs of handling such
traffic.
---------------------------------------------------------------------------
\1\ See US Magnesium, L.L.C. v. Union Pacific Railroad Company,
STB Docket No. 42114, at 5-12 (STB served Jan. 28, 2010); Simplified
Standards for Rail Rate Cases, STB Docket No. 646 (Sub-No. 1), at
82-84 (STB served Sept. 5, 2007), aff'd sub nom. CSX Transp., Inc.
v. STB, 568 F.3d 236 (D.C. Cir. 2009), and vacated in part on reh'g,
CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C. Cir. 2009).
---------------------------------------------------------------------------
Pursuant to 5 U.S.C. 605(b), the Board certifies that the
regulations proposed herein would not have a significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612. Most railroads
that are required to report Waybill Sample information are not small
entities. As explained above, these reporting requirements would apply
only to railroads that terminate a large number of carloads. See 49 CFR
1244.2. Because small entities (small railroads) typically do not
terminate the number of carloads necessary to trigger the reporting
requirement, any resulting impact would not affect a substantial number
of that group. Moreover, any resulting impact on small entities that
report TIH movements would not be significant. The Board's regulations
allow for either computerized or manual reporting. 49 CFR 1244.4(a). In
the most recent submission of Waybill Sample information--representing
2008--all railroads that reported TIH traffic did so using a
computerized system, and it is likely that such computerized systems
are easily adaptable to expanding the traffic to be reported under the
proposed rule. A copy of this decision will be served upon the Chief
Counsel for Advocacy, Office of Advocacy, U.S. Small Business
Administration, Washington, DC 20416.
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 this
collection of information, as modified in the proposed rule and further
described in the Appendix, is 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 estimates;
(3) ways to enhance the quality, utility, and clarity of the
information collected; and (4) ways to minimize the burden of the
collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology, when appropriate. Information pertinent to these issues is
included in the Appendix. This proposed rule has been submitted to OMB
for review as required under 44 U.S.C. 3507(d) and 5 CFR 1320.11.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: January 27, 2010.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and
Commissioner Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
List of Subjects in 49 CFR Part 1244
Freight, Railroads, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Surface
Transportation Board proposes to amend part 1244 of title 49, chapter
X, of the Code of Federal Regulations as follows:
PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS
1. The authority citation for Part 1244 continues to read as
follows:
Authority: 49 U.S.C. 721, 10707, 11144, 11145.
2. In Sec. 1244.4, add paragraphs (b)(5) and (c)(3) to read as
follows:
Sec. 1244.4 Sampling of waybills.
* * * * *
(b) * * *
(5) Subject railroads shall submit all waybill information for
movements of Toxic Inhalation Hazards (TIH). For purposes of this
section, TIH shall be defined in accordance with 49 CFR 171.8, 173.115,
and 173.132 to include materials that, when inhaled, are known or
presumed on the basis of testing to be so toxic to humans as to pose a
hazard to health in the event of a release during transportation. These
materials include, but are not limited to, hazardous materials listed
at 49 CFR 172.101 as either Division 2.3 materials, or Division 6.1
materials that can be characterized as an inhalant under Sec. 173.132.
(c) * * *
(3) Subject railroads shall submit all waybill information for
movements of Toxic Inhalation Hazards (TIH). For purposes of this
section, TIH shall be defined in accordance with 49 CFR 171.8, 173.115,
and 173.132 to include materials that, when inhaled, are known or
presumed on the basis of testing to be so toxic to humans as to pose a
hazard to health in the event of a release during transportation. These
materials include, but are not limited to, hazardous materials listed
at 49 CFR 172.101 as either Division 2.3 materials, or Division 6.1
materials that can be characterized as an inhalant under Sec. 173.132.
* * * * *
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix
The additional information below is included to assist those who
may wish to submit comments pertinent to review under the Paperwork
Reduction Act:
Description of Collection
Title: Waybill Sample.
OMB Control Number: 2140-0015.
STB Form Number: None.
Type of Review: Modification of approved collection.
Respondents: Any railroad that did one of the following: (a)
Terminated at least 4,500 revenue carloads in any of the 3 preceding
years; or (b) terminated at least 5% of the
[[Page 5263]]
revenue carloads terminating in any state in any of the 3 preceding
years.
Number of Respondents: 50.
Estimated Time per Response: 75 minutes.
Frequency: 7 respondents report monthly; 43 report quarterly.
Total Burden Hours (annually including all respondents): 320
hours.
Total ``Non-hour Burden'' Cost: No ``non-hour cost'' burdens
associated with this collection have been identified.
Needs and Uses: The Surface Transportation Board is, by statute,
responsible for the economic regulation of common carrier rail
transportation in the United States and it is authorized to collect
information about rail costs and revenues under 49 U.S.C. 11144 and
11145. Under 49 CFR 1244, a railroad is required to file Waybill
Sample information for all line-haul revenue waybills terminating on
its lines if it did one of the following: (a) Terminated at least
4,500 revenue carloads in any of the 3 preceding years; or (b)
terminated at least 5% of the revenue carloads terminating in any
state in any of the 3 preceding years. The information in the
Waybill Sample is used by the Board, other Federal and state
agencies, and industry stakeholders to monitor traffic flows and
rate trends in the industry, and to develop evidence in Board
proceedings.
The expanded information gathered from this proposed rule would
permit the Board to assess more accurately TIH traffic within the
United States, and specifically would be beneficial in Three-
Benchmark rail rate cases involving TIH traffic. In those cases, the
parties would have more data to draw upon when forming their
comparison groups; therefore, the parties could construct comparison
groups that would be more comparable to the issue traffic. The
additional information would also assist the Board in quantifying
the magnitude of TIH traffic, and would help the Board more
accurately measure the associated costs of handling such traffic.
Retention Period: Information in this report will be maintained
on the Board's Web site for a minimum of 1 year and will be
otherwise maintained permanently.
[FR Doc. 2010-2150 Filed 2-1-10; 8:45 am]
BILLING CODE 4915-01-P