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In May 2014, the Board issued an advance notice of proposed rulemaking in Rail Fuel Surcharges (Safe Harbor), EP 661 (Sub-No. 2) seeking comments on whether the safe harbor” provision of its rules governing rail fuel surcharges, which allows rail carriers to rely on a Board-approved fuel index to measure changes in fuel prices for purposes of their fuel surcharge programs, should be modified or removed. On August 29, 2019, the Board served a decision discontinuing the docket because the Board members could not reach a majority decision about the Board’s next action. Rail Fuel Surcharges (Safe Harbor), EP 661 (Sub-No. 2). Chairman Fuchs intends to reevaluate the Board’s approach, including disclosure requirements.