SURFACE TRANSPORTATION BOARD PROHIBITS MISLEADING RAIL FUEL SURCHARGE PRACTICES

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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board today concluded its inquiry into railroad
fuel surcharge practices by issuing a final rule declaring it an
unreasonable practice for railroads to compute fuel surcharges in a manner
that does not correlate with actual fuel costs for specific rail shipments.
In its decision, the STB prohibits the assessment of fuel surcharges based
on a percentage calculation of the base rate charged to freight railroad
customers.  The decision also prohibits "double-dipping"--applying to the
same traffic both a fuel surcharge and a rate increase based on a cost
index that includes a fuel component.  Finally, the Board is proceeding
with a proposal to monitor the fuel surcharge practices of the rail
industry by imposing mandatory reporting requirements on all large (Class
I) railroads.


 In announcing today's decision, STB Chairman Charles D. Nottingham said:

 "Our decision today brings common sense and fairness to the railroads'
 implementation of fuel surcharges.  This new rule will preclude them from
 selectively imposing surcharges in a manner that bears little relationship
 to actual fuel use.  It will also remove the possibility that railroads
 will view fuel surcharges as a profit center."


 The STB first held a hearing on rail fuel surcharges in May 2006.  In
 August 2006, the STB issued a notice of proposed rulemaking seeking
 comments on several proposed measures to address its concerns about fuel
 surcharge practices.  The STB received 73 comments on the proposals.


 Today's decision in Rail Fuel Surcharges, STB Ex Parte No. 661 (Sub-No.
 0)(
 http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/37341?OpenDocument
 )
 , is available for viewing and downloading via the STB's website at
 http://www.stb.dot.gov, under "E-Library," then under "Decisions &
 Notices," beneath the date "1/26/07."  A printed copy of the decision is
 available for a fee by contacting ASAP Document Solutions, 9332 Annapolis
 Rd., Suite 103, Lanham, MD 20706, telephone (202) 306-4004, or via
 asapdc@xxxxxxxxxxxx


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