[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR245.101] [Page 805-807] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 245_RAILROAD USER FEES--Table of Contents Subpart B_Reporting and Recordkeeping Sec. 245.101 Reporting requirements. (a) Each railroad subject to this part shall submit to FRA, not later than March 1st of each year (August 1st, for [[Page 806]] the fiscal year ending September 30, 1992) a report identifying the railroad's total train miles for the prior calendar year, the total road miles owned, operated under lease, or controlled (but not including trackage rights) by the railroad as of December 31 of the previous calendar year, and the railroad's total number of employee hours for the prior calendar year. An entity shall be considered a railroad subject to this part if it conforms to the definitions found in Sec. 245.5(g) and (h) above. Each railroad shall report all of the data for the entire relevant calendar year whether or not its present operations generated all of the reportable data. This report shall be made on FRA Form 6180.91--Annual Report of Railroads Subject to User Fees and shall be filed by the Responsible Entity (see Sec. 245.5(h)). The report shall include an explanation for an entry of zero for train miles, road miles, or employee hours. Each railroad shall also identify all subsidiary railroads for which it is reporting and provide a breakdown of train miles, road miles, and employee hours for each subsidiary. Finally, each railroad shall enter its corporate billing address for the user fees, and the name, title, telephone number, date, and a signature of the person submitting the form to FRA. (b) FRA anticipates mailing blank copies of FRA Form 6180.91--Annual Report of Railroads Subject to User Fees to each railroad during the month of January (the month of July for the fiscal year ending September 30, 1992) for the railroad's use in preparing the report. This action by FRA is for the convenience of the railroads only and in no way affects the obligation of railroads subject to this part to obtain and submit FRA Form 6180.91 to FRA in a timely fashion in the event a blank form is not received from FRA. Blank copies of FRA Form 6180.91 may be obtained from the Office of Safety, FRA, 400 Seventh Street, SW., Washington, DC 20590. (c) Train miles, as defined in Sec. 245.5(n), shall be calculated by the railroad in accordance with the following considerations: (1) Each railroad subject to this part is to report the train miles for the freight and passenger service it operates without regard to track or facility ownership. (2) Train miles are to be reported by both freight and passenger railroads and shall include miles run between terminals or stations, or both, miles run by trains consisting of empty freight cars or without cars, locomotive train miles run, miles run by trains consisting of deadhead passenger equipment, motor train miles run, yard-switching miles run, work train miles, and train switching miles. (d) Road miles, as defined in Sec. 245.5(i), shall be calculated by the railroad in accordance with the following considerations: (1) Road miles to be reported shall include all track owned, operated under lease, or controlled by the railroad but shall not include track used under trackage rights agreements. (Note: road miles consisting of leased track are to be reported by the lessee railroad). Road miles consisting of jointly-owned track or track jointly operated under lease shall be reported by the railroad controlling operations over the track. Road miles for a given section of railroad should be reported by only one railroad. (2) Road miles to be reported shall not include industrial track, yard tracks, sidings, and other tracks not regularly used by road trains operated in such specific service. The determination that a particular track segment qualifies as industrial track or yard track must be made on a reasonable and supportable basis. Road miles do not include track which was out of service for the entire calendar year that is the subject of the user fee report. (e) Employee hours, as defined in Sec. 245.5(a), shall be calculated by the railroad in accordance with the following considerations: Employees hours to be reported include the number of hours worked by all railroad employees, regardless of occupation, during the previous calendar year. Include all employees in the occupational categories shown in appendix D of the FRA Guide for Preparing Accident/ Incident Reports. Employee hours do not include time paid but not actually worked, such as holidays, vacations, etc. Employee hours do not include [[Page 807]] hours worked by volunteers. Employee hours do not include hours worked by individuals not employed directly by the reporting railroad (i.e. contractor employees). (f) In computing both train miles and road miles, fractions representing less than one-half mile shall be disregarded and other fractions considered as one mile. (g) Each railroad subject to this part has a continuing obligation to assure that the information provided to FRA on Form 6180.91--Annual Report of Railroads Subject to User Fees is accurate. Should a railroad learn at a later date that the information provided was not correct, it shall submit a revised Form 6180.91 along with a letter explaining in detail the discrepancy. (h) Each railroad subject to this part has an obligation to assure that the information provided to FRA under this part is consistent with information provided to FRA under other reporting requirements, in particular reports submitted under 49 CFR part 225--Railroad Accidents/ Incidents: Reports Classification, and Investigations. The railroad shall fully explain and resolve any discrepancies. (i) The FRA has prepared a questionnaire entitled ``Written Questionnaire on Whether Your Company Is a `Railroad' Subject to FRA User Fee Regulations'' (FRA Form 6180.90) in order to assist in determining whether certain entities meet the definition of ``railroad'' included in Sec. 245.5 or constitute railroads whose entire operations are confined within an industrial installation (``plant railroads'') excluded from this part under Sec. 245.3. Copies of FRA Form 6180.90 are available from the Office of Safety, FRA, 400 Seventh Street, SW., Washington, DC 20590.