[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]               
[Page 45900-45901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au06-146]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 661]

 
Rail Fuel Surcharges

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of proposed requiremetns regarding rail fuel surcharges.

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SUMMARY: The Surface Transportation Board has instituted a proceeding 
to seek public comments on proposed measures regarding railroad 
practices involving fuel surcharges. These changes are intended to 
address concerns raised at the Board's public hearing on May 11, 2006, 
and in written comments received in this proceeding.

DATES: Comments are due on September 25, 2006.

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 found on the Board's http://www.stb.dot.gov
 Web site, at the ``E-FILING'' link. Any person 

submitting a filing in the traditional paper format should send an 
original and 10 paper copies of the filing (referring to STB Ex Parte 
No. 661) to: Surface Transportation Board, 1925 K Street, NW., 
Washington, DC 20423-0001.

[[Page 45901]]


FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Surface Transportation Board has 
instituted a proceeding to seek public comments on the following 
proposed measures regarding railroad practices involving fuel 
surcharges. First, pursuant to the Board's proposed changes, a carrier 
wishing to assess what purports to be a fuel surcharge would need to 
develop a means of computing the surcharge that is more closely linked 
to the increases in the portion of its fuel costs that is attributable 
to the movement to which the fuel surcharge is applied. Second, 
carriers would be prohibited from ``double dipping'' by charging for 
the same increases in fuel costs for the same shipment both through a 
fuel surcharge and through application of a rate escalator that is 
based on an index such as the Board's Railroad Cost Adjustment Factor 
without first subtracting out any fuel cost component from that index. 
Third, railroads would be required to use a single, uniform index for 
measuring increases in the fuel costs--the Energy Information 
Administration ``U.S. No. 2 Diesel Retail Sales by All Sellers (Cents 
per Gallon).'' Finally, each Class I railroad would submit a monthly 
report to the Board showing its actual total fuel costs, total fuel 
consumption and total fuel surcharge revenues, as well as how much of 
its total fuel surcharge revenues are shared with its shortline 
connections. The Board seeks public comment on these proposals.
    In a decision served on August 3, 2006, the Board has discussed 
each of these proposals in detail and explained how each addresses 
concerns raised in this proceeding. Because these proposals have 
significance for rail carriers and their shippers, all interested 
parties are invited to comment.
    Additional information is contained in the Board's decision. To 
obtain a free copy of the full decision, visit the Board's http://www.stb.dot.gov
 Web site.

    The Board certifies that the proposed rules would not have a 
significant economic impact on a substantial number of small entities.
    These actions should not significantly affect the quality of the 
human environment. While we do not believe these actions would have a 
substantial effect on the conservation of energy resources, any effect 
they might have should be beneficial.

    Decided: August 3, 2006.

    By the Board, Chairman Buttrey and Vice Chairman Mulvey.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-12982 Filed 8-9-06; 8:45 am]

BILLING CODE 4915-01-P