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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
RAIL DIVISION

 

DIVISION 710

RAILROAD REGULATORY FEE METHODOLOGY FOR
COMPUTING THE REGULATORY RAIL FEE

741-710-0010

Definitions

(1) "Gross Operating Revenues". The definitions of "gross operating revenues" for the purpose of collecting the Railroad Regulatory Fee from all railroads are set forth below:

(a) Freight Transportation. "Gross operating revenues" for transportation of freight include the railroad's division of total charges collected for shipments by railroad, apportioned on a mileage basis for the portion of the transportation performed by the railroad in this state. They also include demurrage, switching charges, and all accessorial charges for services performed in this state in connection with transportation of freight by railroad. They include lawful tariff rates, charges on exempt traffic and charges under contract agreements;

(b) Passenger Transportation. "Gross operating revenues" for transportation of persons by railroad include total charges collected for transportation of persons by railroad, allocated on a mileage basis for the portion of the transportation performed in this state. They also include all charges for on-train services such as sales of food, beverages, and other products made in this state.

(2) "Railroad-Highway Crossing". For the purpose of collecting the Railroad Regulatory Fee from Class I railroads, "railroad-highway crossing" or "crossing" means an intersection of a highway, as defined in ORS 824.200, and one or more railroad tracts, including intersections at grade and at separated grades as described by OAR 741-105-0020(2).

(3) "Track Miles". Track miles are all first main track miles reported by the railroad in Class (1), (3), and (5) on Schedule SC-700 of the State Statistics supplement to the Surface Transportation Board R-1 Annual Report.

Stat. Auth.: ORS 183.335 & ORS 824
Stats. Implemented: ORS 824.010
Hist.: PUC 10-1992, f. & cert. ef. 6-8-92 (Order No. 92-790); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-049-0000

741-710-0020

Determination of Fee Components

Each component of the Railroad Regulatory Fee computation for Class I railroads, as set forth in ORS 824.010, shall be determined as follows:

(1) Railroad-Highway Crossings: A railroad-highway crossing shall be assigned to the railroad responsible for performing maintenance of the portion lying within the track area at the crossing.

(2) Track Miles: Each railroad's track miles are defined in OAR 741-710-0010(3).

(3) Gross Operating Revenues: Each railroad's gross operating revenues are defined in OAR 741-710-0010(1).

Stat. Auth.: ORS 183.335 & ORS 824
Stats. Implemented: ORS 824.010
Hist.: PUC 10-1992, f. & cert. ef. 6-8-92 (Order No. 92-790); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-049-0010

741-710-0030

Responsibilities of Department

On or before January 21 of each year, the Department of Transportation shall provide the following information to each Class I railroad:

(1) Railroad-Highway Crossing Information. An itemized listing of each railroad's crossings from the Department's records as of December 31 of the preceding year.

(2) Track Miles Information. A statement of the railroad's total track miles as of December 31 of the preceding year.

Stat. Auth.: ORS 183.335 & ORS 824
Stats. Implemented: ORS 824.010
Hist.: PUC 10-1992, f. & cert. ef. 6-8-92 (Order No. 92-790); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-049-0020

741-710-0040

Responsibilities of Class I Railroads

(1) Reconciliation of Data Furnished by the Department. On or before February 15 of each year, each railroad shall provide a written submission to the Department reconciling any differences with the information provided by the Department under OAR 741-710-0030. If a railroad fails to provide a written submission, the Department shall use its own information to determine the apportionment factors in computing the Regulatory Rail Fee assessment for the railroad.

(2) Gross Operating Revenues. On or before March 15 of each year, each railroad shall provide the Department a written submission showing its total gross operating revenues as defined in OAR 741-710-0010(1).

Stat. Auth.: ORS 183.335 & ORS 824
Stats. Implemented: ORS 824.010
Hist.: PUC 10-1992, f. & cert. ef. 6-8-92 (Order No. 92-790); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-049-0030

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Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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