[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Proposed Rules]
[Pages 46779-46785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19009]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
49 CFR Parts 1241 and 1251
[Docket No. EP 787]
Updating Class I Rail Carrier Reporting Requirements
AGENCY: Surface Transportation Board.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Board proposes to terminate Class I carriers' supplemental
reporting of certain Positive Train Control (PTC) expenditures and to
require Class I carriers to report two service metrics on a weekly
basis. Because PTC is now fully implemented, the Board proposes
deregulatory action to end this reporting. With respect to service-
related reporting, the Board proposes to require Class I carriers to
report metrics that would advance the Board's objective of ensuring
rail service reliability.
DATES: Comments, as described below, are due by October 30, 2025.
Replies are due by November 13, 2025.
ADDRESSES: All filings must be submitted to the Surface Transportation
Board either via e-filing on the Board's website or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. Filings will
be posted to the Board's website and need not be served on other
commenters or any other party to the proceeding.
FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 915-0862. If
you require accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.
SUPPLEMENTARY INFORMATION:
Positive Train Control Reporting
The Rail Safety Improvement Act of 2008 (RSIA) required Class I
rail carriers to implement PTC--an automated safety system designed to
prevent certain types of train accidents--by December 31, 2015, on main
lines where intercity or commuter rail passenger transportation, as
defined in 49 U.S.C. 24102, is regularly provided, and main lines over
which five million or more gross tons of annual traffic and poison- or
toxic-by-inhalation hazardous materials, as defined in 49 CFR 171.8,
173.115, and 173.132, are transported. 49 U.S.C. 20157(a)(1); see also
49 CFR 236.1019 (main line track exceptions). That deadline was later
extended, pursuant to the Positive Train Control Enforcement and
Implementation Act of 2015, to December 31, 2018, and railroads were
allowed to individually petition the Federal Railroad Administration
(FRA) for an alternative schedule and sequence that could further
extend the deadline to a date that reflected implementation as soon as
practicable but was no more than two additional years. 49 U.S.C.
20157(a)(1), (3)(A)-(D); 49 CFR 1.89.
Under 49 U.S.C. 11145(b)(1), the Board may require rail carriers to
file with the Board an annual report containing ``an account, in as
much detail as the Board may require, of the affairs of the rail
carrier.'' 49 U.S.C. 11145(b)(1). The Board's regulations require each
Class I rail carrier to submit such annual reports, known as R-1
reports, containing information about finances and operating
statistics. 49 CFR 1241.11(a).
In response to a petition by Union Pacific Railroad Company (UP) in
2013, the Board adopted, via notice-and-comment rulemaking, a
supplement to the annual R-1 reporting requirements specifically
addressing PTC expenditures. Reporting Requirements for Positive Train
Control Expenses & Invs. (Reporting Requirements), EP 706, slip op. at
3-4 (STB served Aug. 14, 2013). In adopting the rule, the Board
explained that:
[The supplement] would provide [the Board] with important
information that would help identify transportation industry changes
that may require attention by the agency and would assist the Board in
preparing financial and statistical summaries and abstracts to provide
itself, Congress, other government agencies, the transportation
industry, and the public with transportation data useful in making
regulatory policy and business decisions.
Id. at 3.
Accordingly, PTC expenditures today are incorporated into R-1
reports under the category of ``capital investments and expenses'' as
well as in a ``PTC Supplement'' that breaks out PTC expenses from
broader categories. See 49 CFR 1241.11(b).\1\
---------------------------------------------------------------------------
\1\ R-1 reports, which include the PTC Supplement, are available
on the Board's website.
---------------------------------------------------------------------------
The PTC Supplement requires the carriers to submit PTC versions of
schedules 330 (road property and equipment improvements), 332
(depreciation base and rates--road property and equipment), 335
[[Page 46780]]
(accumulated depreciation), 352B (investment in railroad property), and
410 (railway operating expenses) containing dollar amounts that reflect
only the amounts attributable to PTC for the filing year. See Reporting
Requirements, EP 706, slip op. at App. B. The PTC Supplement also
contains PTC versions of schedules 700 (mileage operated at close of
year), 710 (inventory of equipment), 710S (unit cost of equipment
installed during the year), and 720 (track and traffic conditions). See
id. Railroads also must report in each supplement schedule PTC-related
expenditures for passenger-only service not otherwise captured in the
individual schedules. 49 CFR 1241.11(b). In addition to separating
capital expenses and operating expenses incurred for PTC, railroads
must disclose the value of funds from non-government and government
transfers, including grants, subsidies, and other contributions or
reimbursements, used or designated to purchase or create PTC assets or
to offset PTC costs. Id.
On December 29, 2020, FRA announced that PTC implementation was
complete on all required freight and passenger railroad route miles.
FRA, Positive Train Control (PTC), https://railroads.dot.gov/research-development/program-areas/train-control/ptc/positive-train-control-ptc
(last visited Sept. 23, 2025). FRA also certified that each host
railroad's PTC system complies with the technical requirements for PTC
systems. Id.
On August 26, 2024, the Association of American Railroads (AAR)
filed a petition to reopen Docket No. EP 706 and terminate the PTC
Supplement requirement. The Board takes notice of AAR's arguments and
is issuing this notice of proposed rulemaking on its own motion.\2\ See
49 CFR 1110.2(a).
---------------------------------------------------------------------------
\2\ See Reporting Requirements, EP 706, slip op. at 2 (STB
served September 30, 2025) (denying AAR's petition as moot).
---------------------------------------------------------------------------
AAR states that when the railroads requested that the Board adopt
the PTC Supplement requirement more than a decade ago, PTC-related
capital costs and operating expenditures were ``anticipated to be
particularly high during the installation stage.'' AAR Pet. 1,
Reporting Requirements, EP 706. But AAR argues that now, ``the vast
majority of costs associated with implementing PTC have been dispensed
with.'' Id. at 4. AAR further asserts that, ``[w]ith these costs
essentially completed, there is little utility in the continuation of
the reporting requirements.'' Id.
Additionally, AAR argues that Class I railroads are now ``incurring
unnecessary costs and expending significant time'' to comply with the
PTC-related reporting requirements. Id. AAR further argues that
remaining PTC costs have been integrated into the cost of purchase or
replacement of signal and communications assets and that any associated
maintenance expenditures are captured as part of railroads' ongoing
maintenance costs in the ordinary course of business. Id. As a result,
according to AAR, separating PTC-related asset and maintenance expenses
has become challenging and necessarily requires cost allocations and
estimates. Id. No replies to AAR's petition in Docket No. EP 706 were
filed.
Given that PTC has been fully implemented, the Board finds the
benefits from the supplemental reporting, see Reporting Requirements,
EP 706, slip op. at 3, no longer justify the burden of generating and
reporting the detailed information required by 49 CFR 1241.11(b).
Ending these requirements would simplify annual R-1 reporting. The
Board therefore proposes to eliminate the PTC Supplement requirement by
repealing 49 CFR 1241.11(b). Under this proposal, PTC-related
expenditures would still be reflected in the R-1 ``capital investments
and expenses'' totals, but would not be separately identifiable from
non-PTC expenditures.\3\ This modification would further the goals of
the rail transportation policy of 49 U.S.C. 10101 by minimizing the
need for Federal regulatory control over the rail transportation
system, 49 U.S.C. 10101(2), and ensuring the availability of accurate
cost information in regulatory proceedings, while minimizing the burden
on rail carriers of developing and maintaining the capability of
providing such information, 49 U.S.C. 10101(13).
---------------------------------------------------------------------------
\3\ The Board also proposes to remove the current note to part
1241, which states that the forms for part 1241 are available on
request from the Board's Office of Economics, and add the following
note: ``[t]he report forms prescribed by Sec. 1241.11 are available
at the Surface Transportation Board website.''
---------------------------------------------------------------------------
Additionally, if the Board adopts the proposed discontinuance of
supplemental PTC reporting, the Board proposes to require all Class I
carriers to submit a one-time summary document identifying individual
line items in their respective R-1 reports that contain PTC-related
expenditures representing at least 15% of the line-item amounts.
Service Data Reporting
Rail service reliability is essential to the economy, and the Board
prioritizes monitoring rail service for emerging issues so that it can
act promptly to address them.\4\ The Board has broad authority to
require reports by rail carriers, 49 U.S.C. 11145, and it collects a
range of data from Class I carriers that allows the Board and
stakeholders to monitor railroad performance. The Board's experience
has shown that ongoing, standardized reporting of data allows the Board
to observe long-term trends and assess changes in service levels,
enabling it to take early action to address potential concerns.
Therefore, the Board proposes weekly Class I carrier reporting of two
additional service metrics: an original estimated time of arrival
(OETA) metric and an industry spot and pull (ISP) metric.\5\ Reporting
of these metrics would allow the Board to better monitor service
reliability and address possible future regional and national service
lapses. Further, Class I carriers largely track the requisite
underlying information in the ordinary course of business and have
recently reported similar metrics to the Board, so the proposed
reporting would not be burdensome.
---------------------------------------------------------------------------
\4\ See, e.g., Urgent Issues in Freight Rail Serv.--R.R.
Reporting, EP 770 (Sub-No. 1) (STB served May 6, 2022) (in response
to data indicating rail service performance below historical norms,
requiring carriers to submit additional service metrics as well as
recovery plans and progress reports); U.S. Rail Serv. Issues, EP 724
(Sub-No. 1) (STB served Apr. 15, 2014) (in response to complaints
regarding delayed fertilizer deliveries, directing carriers to
report plans to ensure delivery of fertilizer shipments for spring
planting of U.S. crops).
\5\ In Reciprocal Switching for Inadequate Service (Reciprocal
Switching), EP 711 (Sub-No. 2) (STB served April 30, 2024), the
Board adopted regulations to provide for the prescription of
reciprocal switching agreements to promote adequate rail service
through access to an additional line haul carrier. Under those
regulations, eligibility for prescription of a reciprocal switching
agreement was to be determined in part using objective performance
standards, including OETA- and ISP-based standards, which had
definitions of OETA and ISP that were similar, but not identical to
those proposed here. The U.S. Court of Appeals for the Seventh
Circuit recently vacated the entire rule established in Reciprocal
Switching, which includes the reporting requirements, and remanded
the matter to the Board for further proceedings. Grand Trunk Corp.
v. STB, 143 F.4th 741 (7th Cir. 2025). The Board will address the
Court's remand in a future decision. Additionally, the OETA and ISP
metrics proposed here implicate, and will assist the Board in
monitoring, the issues raised in First-Mile/Last-Mile Service, EP
767 (STB served Sept. 2, 2021).
---------------------------------------------------------------------------
The Board expects that these requirements would constitute just one
component of a broader effort to enhance, focus, and automate the
agency's data collection. First, the Board is evaluating ways to
improve data visualization on its public website and to improve the
transparency and consistency of reporting across the metrics it
collects. Second, the Board is considering the utility of certain
existing metrics that are not widely
[[Page 46781]]
referenced or used by the Board, shippers, railroads, or other members
of the public. Finally, the Board is continuing its efforts to
implement templates and other mechanisms that support automated data
ingestion and processing and reduce the data elements associated with
reporting. For some data collections, the Board's templates have cut
required data points by more than 75 percent while improving agency
analytical efficiency.
1. OETA Reporting
The OETA metric would measure a carrier's success in meeting its
estimated arrival times for shipments. The Board proposes to define
OETA as the estimated time of arrival that the rail carrier provides
when the shipper tenders the bill of lading or when the rail carrier
receives the shipment from an interchanging carrier. Class I carriers
would report, for shipments moving in manifest service, the percentage
of weekly shipments that were delivered to destination no later than 24
hours after the OETA,\6\ out of all shipments in manifest service on
the carrier's system during that week.
---------------------------------------------------------------------------
\6\ In Reciprocal Switching, the Board had established an OETA
standard under which ``cars arriving more than 24 hours before the
OETA will count against the carrier.'' Reciprocal Switching, EP 711
(Sub-No. 2), slip op. at 39. Here, under the Board's proposed rule,
any arrivals before the OETA, including those more than 24 hours
early, would be counted as on-time deliveries. In a rule intended to
facilitate the Board's monitoring of network-wide performance to
detect developing trends and changes in service levels (as opposed
to establishing a standard for providing relief in an individual
case), it is most helpful to obtain a clear picture of whether
carriers are delivering shipments later than anticipated. Treating
all early deliveries as on time in this network-focused reporting
metric does not mean that early deliveries might not be relevant to
relief sought in a particular case. See Pol'y Statement on Demurrage
& Accessorial Rules & Charges, FD 757, slip op. at 12 (STB served
Apr. 30, 2020) (``[B]unching should be addressed on a case-by-case
basis in order to permit the Board to properly consider all relevant
circumstances pertaining to an assessment of demurrage.'').
---------------------------------------------------------------------------
OETA reporting would give the Board insight into the timeliness of
deliveries of manifest traffic system-wide. Late deliveries can, among
other things, lead to supply chain disruptions, which can, in some
instances, cause shippers to suspend operations. Chronic late
deliveries may also force shippers to order additional shipments that
would otherwise be unnecessary, and in some instances, encourage
shippers to maintain unnecessarily large private car fleets to
compensate for delays to shipments as well as to their own cars delayed
in transit. These shipper actions can create ripple effects, leading to
increased railroad congestion. Monitoring timeliness through OETA
reporting would therefore advance the Board's objective of ensuring
rail service reliability, enabling the Board to take more informed and
expeditious action where necessary, including through informal
engagement.
2. ISP Reporting
The proposed ISP metric would measure a rail carrier's success in
performing local placements (``spots'') and pick-ups (``pulls'') of
loaded railcars and unloaded private or shipper-leased railcars at
shippers' or receivers' facilities during a planned service window. The
metric would not apply to unit trains or intermodal traffic.
The ISP metric would be calculated by comparing the number of cars
for which the carrier successfully completed the requested placements
or pick-ups to the number of cars for which the shipper or receiver, by
the applicable cut-off time, requested a placement or pick-up. For
example, if over the course of a reporting period, a carrier delivers
nine of 10 requested cars within the first service window and pulls
seven of 10 requested cars during a second service window, the
carrier's ISP metric would be 80%.\7\
---------------------------------------------------------------------------
\7\ The Board adopted an ISP performance standard in Reciprocal
Switching that measured ISP by considering the proportion of service
windows in which the carrier successfully spotted or pulled all
requested traffic. See Reciprocal Switching, EP 711 (Sub-No. 2),
slip op. at 52. For the Board's purpose here--monitoring local
service reliability across a carrier's rail network and at the
operating division level and observing changes in service levels,
rather than setting a standard for use in individual reciprocal
switching proceedings--the per-car measurement would provide more
informative data about each carrier's overall performance in
spotting and pulling cars within designated service windows. At
least one carrier already tracks performance on a per car basis. See
Reciprocal Switching, EP 711 (Sub-No. 2), slip op. a 54 (``CN states
that it tracks local performance on a per-car basis.'').
---------------------------------------------------------------------------
Under the proposed rule, carriers would report ISP performance both
at the system level and at the operating division level. For reporting
at the operating division level, carriers would establish reporting
regions using any geographic boundaries that they choose, provided that
they identify the boundaries as part of their reporting, consistent
with their business practices.
Comments
Interested persons will be invited to comment on the Board's
proposals regarding PTC-related expenditure reporting and service data
reporting. Comments will be due by October 30, 2025. Replies may be
filed by November 13, 2025.
The Board specifically seeks comment on whether to include unit and
intermodal traffic in the OETA and ISP metrics. As it pertains to OETA,
the Board has stated that, based on the agency's experience, unit
trains generally do not have schedules and run at various, usually
irregular times. Reciprocal Switching, EP 711 (Sub-No. 2), slip op. at
38. Though some railroads have trip plans based on the unique schedule
for each unit train that are applied to each car on the train, the most
recent information collected by the Board suggests some railroads do
not currently produce trip plans for unit trains. Id. As it pertains to
ISP, the Board has observed that unit trains are not switched or
spotted and pulled in the same manner as manifest traffic. Id. at 59.
The Board has also stated that, for intermodal movements, when traffic
is transferred between a rail carrier and another mode of
transportation, those transfers do not involve local service similar to
other traffic. Id.
Environmental Review
The proposed rule modifications under 49 CFR parts 1241 and 1251
are categorically excluded from environmental review under 49 CFR
1105.6(c).
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612,
generally requires a description and analysis of new rules that would
have a significant economic impact on a substantial number of small
entities. In drafting a rule, an agency is required to: (1) assess the
effect that its regulation will have on small entities; (2) analyze
effective alternatives that may minimize a regulation's impact; and (3)
make the analysis available for public comment. 5 U.S.C. 601-604. In
its notice of proposed rulemaking, the agency must either include an
initial regulatory flexibility analysis, Sec. 603(a), or certify that
the proposed rule would not have a ``significant impact on a
substantial number of small entities,'' Sec. 605(b). The impact must
be a direct impact on small entities ``whose conduct is circumscribed
or mandated'' by the proposed rule. White Eagle Coop. Ass'n v. Conner,
553 F.3d 467, 480 (7th Cir. 2009).
The data reporting changes proposed here would apply only to Class
I railroads--the nation's largest. For the purpose of RFA analysis for
rail carriers subject to the Board's jurisdiction, the Board defines a
``small business'' as including only Class III carriers--the nation's
smallest.\8\ Accordingly,
[[Page 46782]]
pursuant to 5 U.S.C. 605(b), the Board certifies that the regulatory
changes proposed herein would not have a significant economic impact on
a substantial number of small entities within the meaning of the RFA.
---------------------------------------------------------------------------
\8\ See Small Entity Size Standards Under the Regul. Flexibility
Act, EP 719 (STB served June 30, 2016). Class I carriers have annual
operating revenues of $1,074,600,816 or more (in 2024 dollars);
Class III rail carriers have annual operating revenues of
$48,237,637 or less (in 2024 dollars). The Board calculates the
revenue deflator factor annually and publishes the railroad revenue
thresholds in decisions and on its website. 49 CFR 1201.1-1;
Indexing the Ann. Operating Revenues of R.Rs., EP 748 (STB served
June 24, 2025).
---------------------------------------------------------------------------
A copy of this decision will be served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S. Small Business Administration.
Paperwork Reduction Act
Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3521,
Office of Management and Budget (OMB) regulations at 5 CFR 1320.8(d),
and the Appendix below, the Board seeks comment about the impact of
proposed changes to the collection ``Class I Railroad Annual Report''
(OMB Control No. 2140-0009) and the proposed new collection of service
data from Class I carriers, pursuant to OMB Control Number 2140-XXXX,
concerning: (1) whether the proposed collections of information, which
is further described in the Appendix below, are 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.
The Board estimates that the proposed rule changes and the related
modifications to an existing data collection and a new data collection
would reduce the total annual hourly burdens from 1,750 hours to 1,512
hours, resulting in an overall net burden reduction on respondents of
238 hours, as detailed below in the Appendix below. There are no
changes in non-hourly burdens associated with the Class I Railroad
Annual Report collection, and there are no non-hourly burdens
associated with the new collection. The Board welcomes comments on the
estimates of the reduction in time and costs of the collections. The
proposed rule modifications will be submitted to OMB for review as
required under 44 U.S.C. 3507(d) and 5 CFR 1320.11. Comments received
by the Board regarding the information collections will also be
forwarded to OMB for its review when the final rule is published.
Executive Order 12866, as modified by Executive Order 14215,
provides that the Office of Information and Regulatory Affairs (OIRA)
will review all significant rules. OIRA has determined that this rule
is not significant. The Board believes this proposed action would be
net deregulatory under Executive Order 14192.
List of Subjects
49 CFR Part 1241
Railroads; Reporting and recordkeeping requirements.
49 CFR Part 1251
Railroads; Reporting and recordkeeping requirements.
It is ordered:
1. The Board proposes to amend its regulations as set forth in this
decision. Notice of the proposed rules will be published in the Federal
Register.
2. Comments from interested parties are due by October 30, 2025.
Replies may be filed by November 13, 2025.
3. A copy of this decision will be served upon the Chief Counsel
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
4. This decision is effective on its date of service.
September 25, 2025.
By the Board, Board Members Fuchs, Hedlund, and Schultz.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the preamble, and under the authority
of 49 U.S.C. 1321 and 11145, the Surface Transportation Board proposes
to amend parts 1241 and 1251 of title 49, chapter X, of the Code of
Federal Regulations as follows:
PART 1241--ANNUAL, SPECIAL, OR PERIODIC REPORTS--CARRIERS SUBJECT
TO PART I OF THE INTERSTATE COMMERCE ACT
0
1. The authority citation for part 1241 continues to read as follows:
Authority: 49 U.S.C. 11145.
0
2. Remove the note to part 1241.
0
3. Remove Sec. 1241.11(b).
0
4. Redesignate Sec. 1241.11(a) as Sec. 1241.11.
0
5. Add note after Sec. 1241.11 to read as follows:
Note 1 to Sec. 1241.11. The report forms prescribed by Sec.
1241.11 are available at the Surface Transportation Board website.
PART 1251
0
6. Add part 1251 to read as follows:
PART 1251--RAILROAD SERVICE DATA REPORTING
Sec.
1251.1 Definitions
1251.2 Service metric reporting
Authority: 49 U.S.C. 1321 and 49 U.S.C. 11145.
Sec. 1251.1 Definitions.
The following definitions apply to this part:
Affiliated companies has the same meaning as ``affiliated
companies'' in Definition 5 of the Uniform System of Accounts (49 CFR
part 1201, subpart A).
Cut-off time means the deadline for requesting service within a
service window, as determined in accordance with the rail carrier's
established protocol.
Delivery means when a shipment is actually placed at a designated
destination or is constructively placed at a local railroad yard that
is convenient to the designated destination. In the case of an
interline movement, a shipment will be deemed to be delivered to the
receiving carrier or its agent or affiliated company when the shipment
is moved past a designated automatic equipment identification reader at
the point of interchange or is placed on a designated interchange
track, depending on the specific interchange that is involved. For
purposes hereof, constructive placement of a shipment at a local yard
constitutes delivery only when:
(1) The recipient has the option, by prior agreement between the
rail carrier and the customer, to have the rail carrier hold the
shipment pending the recipient's request for delivery to the designated
destination and the recipient has not yet requested delivery; or
(2) The recipient is unable to accept delivery at the designated
destination.
Designated destination means the final destination as specified in
the bill of lading or, in the case of an interline movement, the
interchange where the shipment is transferred to the receiving carrier,
its agent, or affiliated company.
Industry spot and pull means the local placement (``spot'') and
pick-up (``pull'') of loaded railcars (regardless of ownership) at a
shipper's or receiver's facility, and the spot and pull of unloaded
private or shipper-leased railcars at a shipper's or receiver's
facility. Industry spot and pull does not include spot and pull of
unloaded railroad-owned or leased cars.
Rail carrier(s) means a Class I rail carrier.
[[Page 46783]]
Manifest traffic means shipments that move in carload or non-unit
train service.
Original estimated time of arrival or OETA means the estimated time
of arrival that the rail carrier provides when the shipper tenders the
bill of lading or when the rail carrier receives the shipment from an
interchanging carrier.
Planned service window means a service window for which the shipper
or receiver requested local service, provided that the shipper or
receiver made its request by the cut-off time for that window.
Receipt of a shipment means when the preceding rail carrier
provides a time stamp or rail tracking message that the shipment has
been delivered to the interchange.
Service window means a window in which the rail carrier offers to
perform local service (placements and/or pick-ups of rail shipments) at
a shipper's or receiver's facility. A service window must be made
available by a rail carrier with reasonable advance notice to the
shipper or receiver and in accordance with the carrier's established
protocol.
Shipment means a loaded railcar that is designated in a bill of
lading.
Time of arrival means the time that a shipment is delivered to the
designated destination.
Sec. 1251.2 Service metrics reporting.
All rail carriers shall report to the Board on a weekly basis, in a
manner and form determined by the Board, the data described in this
section. The service metrics in this section apply only to the data
collection contemplated under this part.
(a) Original estimated time of arrival.
(1) OETA metric. The OETA metric is the percentage of shipments on
a carrier's system that moved in manifest service and were delivered to
the designated destination no later than 24 hours after the OETA, out
of all shipments on the carrier's system that moved in manifest service
during that week. For the purpose of calculating the OETA metric, once
a carrier has communicated an OETA to a customer, that time shall not
be changed by any subsequent changes to the original trip plan of the
car, unless the change to the original trip plan is made by the
shipper.
(2) OETA applicability. The OETA metric applies to shipments that
travel as manifest traffic within the United States and the U.S.
portion of manifest traffic movements between the United States and
another country, in the latter case when the carrier's general practice
with respect to such movements is to record receipt or delivery of the
shipment at a point at or near the U.S. border (including where the
carrier receives the shipment from or delivers the shipment to an
affiliated carrier).
(b) Industry spot and pull (ISP).
(1) ISP metric. The ISP metric is the percentage of scheduled spots
or pulls (i.e., those requested by a shipper or receiver before the
applicable cut-off time) that were successfully performed during the
planned service windows, out of the total number of spots or pulls that
were scheduled for that week. A rail carrier must report the ISP metric
for each of its operating divisions and for the carrier's overall
system. For reporting at the operating division level, a rail carrier
may establish reporting regions using any geographic boundaries it
chooses, provided that the rail carrier identifies the boundaries as
part of its reporting.
(i) Failure to spot a constructively placed car that has been
ordered in by the cut-off time applicable to the customer for a planned
service window shall be included as a failure in calculating the ISP
metric.
(ii) Failure to spot ``spot on arrival'' railcars (i.e., railcars
that may be placed without placement instructions) for a planned
service window shall be included as a failure in calculating the ISP
metric only if the railcars arrived at the local yard that services the
customer and were ready for local service before the cut-off time
applicable to the customer.
(iii) If a rail carrier cancels a service window, other than at the
shipper's or receiver's request, each planned spot or pull from the
cancelled service window shall be included as a failure in calculating
the ISP metric.
(iv) When a rail customer causes a carrier to miss a spot or a pull
during a planned service window, those spots or pulls will not be
considered failures in calculating the ISP metric.
(2) ISP applicability. The ISP metric shall not include unit trains
or intermodal traffic.
Appendix
Paperwork Reduction Act Collection
Information Collections
Summary: As part of its continuing effort to reduce paperwork
burdens, and as required by the Paperwork Reduction Act of 1995, the
Surface Transportation Board gives notice that it is requesting from
the Office of Management and Budget approval for the modification
and extension of existing collection with OMB Control Number 2140-
0009. This notice is in connection with a notice of proposed
rulemaking proposing to modify a rule to reduce the burdens for the
collection. The Surface Transportation Board also gives notice that
it is requesting from the Office of Management and Budget approval
for a new collection with OMB Control Number 2140-XXXX. The proposed
modification and extension and the new collection necessitated by
this notice of proposed rulemaking is expected to improve the
collection of service performance data from Class I carriers.
Description of Collections
In this notice, the Board is requesting comments on the
following information collections:
Collection 1
Title: Class I Railroad Annual Report.
OMB Control Number: 2140-0009.
Form Number: R-1.
Type of Review: Modification of Existing Collection.
Respondents: Class I railroads.
Number of Respondents: Six.
Frequency of Response: Annual (Class I Railroad Annual Report
(Form R-1)).
Estimated Time per Response: No more than approximately 220
hours. This estimate includes time spent reviewing instructions;
searching existing data sources; gathering and maintaining the data
needed; completing and reviewing the collection of information; and
converting the data from each carrier's individual accounting system
to the Board's Uniform System of Accounts, which ensures that the
information will be presented in a consistent format across all
reporting railroads. It also incorporates a reduction on burden
hours for the changes in this decision.
Frequency of Response: Annual.
Total Annual Hour Burden: No more than approximately 1,356
hours, as provided in Table 1--Total Estimated Annual Burden Hours
below.
Table 1--Total Estimated Annual Burden Hours for Respondents
----------------------------------------------------------------------------------------------------------------
Estimated
Type of filing hours per Number of Estimated Total burden
response respondents frequency hours
----------------------------------------------------------------------------------------------------------------
One-time burden hours to adjust removing PTC 6 6 1 36
entries (amortized over three years until
renewal).......................................
[[Page 46784]]
Annual R-1 preparation.......................... 220 6 1 1,320
---------------------------------------------------------------
Total Burden Hours.......................... .............. .............. .............. 1,356
----------------------------------------------------------------------------------------------------------------
Total Annual ``Non-Hour Burden'' Cost for R-1 Reporting: The
respondent carriers are required by statute to submit a copy of
their annual R-1 report, signed under oath. See 49 U.S.C. 11145. A
hard copy of the report is mailed to the agency at an estimated cost
of $12.00 per respondent, resulting in a total annual non-burden-
hour cost of approximately $72.00 for all six respondents. No other
non-hour costs for operation, maintenance, or purchase of services
associated with this collection have been identified, as: (a) this
collection will not impose start-up costs on respondents; and (b) an
additional copy of the report is submitted to the agency
electronically.
Needs and Uses: Annual reports are required to be filed by Class
I railroads under 49 U.S.C. 11145. The reports show operating
expenses and operating statistics of the carriers. Operating
expenses include costs for right-of-way and structures, equipment,
train and yard operations, and general and administrative expenses.
Operating statistics include such items as car-miles, revenue-ton-
miles, and gross ton-miles. These reports are used by the Board,
other federal agencies, and industry groups to monitor and assess
railroad industry growth, financial stability, traffic, and
operations, and to identify industry changes that may affect
national transportation policy. Information from these reports is
also entered into the Uniform Railroad Costing System (URCS), which
is the Board's general purpose costing methodology. URCS, which was
developed by the Board pursuant to 49 U.S.C. 11161, is used as a
tool in rail rate proceedings (in accordance with 49 U.S.C.
10707(d)) to calculate the variable costs associated with providing
a particular service. The Board also uses information from this
collection to more effectively carry out other regulatory
responsibilities, including: acting on railroad requests for
authority to engage in Board-regulated financial transactions such
as mergers, acquisitions of control, and consolidations, see 49
U.S.C. 11323-11324; analyzing the information that the Board obtains
through the annual railroad industry waybill sample, see 49 CFR part
1244; measuring off-branch costs in railroad abandonment
proceedings, in accordance with 49 CFR 1152.32(n); developing the
``rail cost adjustment factors,'' in accordance with 49 U.S.C.
10708; and conducting investigations and rulemakings.
Information from certain schedules contained in these reports is
compiled and published on the Board's website, https://www.stb.gov/reports-data/economic-data/. Information in these reports is not
available from any other source.
Positive Train Control (PTC) is a federally mandated safety
system designed to prevent train-to-train collisions, over-speed
derailments, incursions into established work zone limits, and the
movement of a train through a switch left in the wrong position. 49
U.S.C. 20157(i)(5). Since Congress first enacted PTC requirements,
Class I railroads have incurred substantial PTC-related development
and installation costs, which have been reflected in R-1 reports.
Additionally, since 2013, railroads have been required to provide
supplemental PTC expense and other information as part of their R-1
reports.
According to the Association of American Railroads, this
separate reporting requires the separation of costs that are already
integrated into other assets and maintenance costs, and so carving
out PTC-related assets and expenses is challenging and requires
allocations and estimates. As a result, this reporting of already-
implemented expenditures is significantly time-consuming and
expensive. Consistent with E.O. 14219 and in light of FRA's
determination that PTC implementation is complete, the benefits of
the PTC Supplement cost reporting no longer justify the burden and
cost requiring that detailed information. Ending that reporting
requirement would simplify the annual R-1 reports filed by Class I
rail carriers. Any ongoing PTC-related expenditures would be
reflected in the R-1 capital investment and expenses total.
Therefore, under the Board's proposed modifications, Class I
railroads would no longer be required to provide supplemental PTC
data.
Description of Collection 2
Title: Class I carrier weekly service reporting.
OMB Control Number: 2140-XXXX.
Form Number: None.
Type of Review: New Information Collection.
Respondents: Class I railroads.
Number of Respondents: Six.
Frequency of Response: Weekly.
Estimated Time per Response: No more than approximately 30
minutes per response. This estimate includes time spent reviewing
instructions; searching existing data sources; gathering and
maintaining the data needed; completing and reviewing the collection
of information; and formatting the data according to Board
instructions.
Total Annual Hour Burden: No more than approximately 156 hours,
as provided in Table 2--Total Estimated Annual Burden Hours below.
Table 2--Total Estimated Annual Burden Hours for Respondents
----------------------------------------------------------------------------------------------------------------
Estimated
Type of filing hours per Number of Estimated Total burden
response respondents frequency hours
----------------------------------------------------------------------------------------------------------------
Weekly reporting on service reliability: 0.5 6 52 156
original estimated time of arrival (OETA) and
industry spot and pull (ISP)...................
---------------------------------------------------------------
Total Burden Hours.......................... .............. .............. .............. 156
----------------------------------------------------------------------------------------------------------------
Total Annual ``Non-Hour Burden'' Cost for Service Data
Reporting: There are no non-hourly burdens, as the reports will be
submitted electronically.
Needs and Uses: The Board collects a range of data from Class I
carriers that allow the Board and shippers to monitor railroad
service performance. Under the Board's proposal, Class I carriers
would report two measures of service reliability, original estimated
time of arrival (OETA) and industry spot and pull (ISP), on a weekly
basis. The proposed data collection would enable the Board to
monitor ongoing railroad service trends and promptly identify and
address possible future regional and national service lapses.
The proposal would also benefit rail shippers and stakeholders,
by allowing them to better plan operations and make informed
business decisions based on publicly available, real-time data, and
their own analysis of performance trends over time. Class I carriers
have reported similar information in other proceedings using a
process that, to the Board's understanding,
[[Page 46785]]
can be largely automated after expeditious programming, and so the
collection of this information here would not be unduly burdensome.
Collection of OETA and ISP data will further the rail transportation
policy goals of 49 U.S.C. 10101. It will ensure the development and
continuation of a sound rail transportation system with effective
competition among rail carriers and with other modes, to meet the
needs of the public and the national defense (49 U.S.C. 10101(4)),
foster sound economic conditions in transportation and ensure
effective competition (49 U.S.C. 10101(5)), and encourage honest and
efficient management, (49 U.S.C. 10101(9)). This information is not
available from other sources.
[FR Doc. 2025-19009 Filed 9-29-25; 8:45 am]
BILLING CODE 4915-01-P