§ 489-ff. Average railway revenues and expenses. 1. The average\nrailway revenues shall be determined for each railroad company as\nfollows:\n (a) Ascertain so far as may be practicable the revenues which such\nrailroad company is entitled to receive from transportation service and\nfrom operations incident thereto and from rents derived from property,\nother than transportation equipment, used for transportation purposes,\nand either increase that amount by the net rental receivable or decrease\nit by the net rental payable for the possession or use of transportation\nequipment;\n (b) Average the revenue ascertained pursuant to paragraph (a) of this\nsubdivision for the most recent five fiscal years ending on or before\nthe last day of December immediately preceding the tentative\ndetermination of the railroad ceiling. If a railroad company shall have\noperated for less than such five years, then average the revenue for the\nnumber of years of operation immediately preceding the tentative\ndetermination of the railroad ceiling. The result shall be the average\nrailway revenues.\n 2. The average railway expenses shall be determined for each railroad\ncompany as follows:\n (a) Ascertain so far as may be practicable the expenses incurred in\nfurnishing transportation service and in operations incident thereto,\nincluding the expense of rents on and maintenance and depreciation of\nthe property used in the service and taxes for old-age retirement and\nunemployment insurance but excluding all other taxes;\n (b) Average the expenses ascertained pursuant to paragraph (a) of this\nsubdivision for the most recent five fiscal years ending on or before\nthe last day of December immediately preceding the tentative\ndetermination of the railroad ceiling. If a railroad company shall have\noperated for less than such five years, then average the expenses for\nthe number of years of operation immediately preceding the tentative\ndetermination of the railroad ceiling. The result shall be the average\nrailway expenses.\n 3. If on the effective date of this title, the major portion of the\nproperty of a railroad company and the management and control of such\ncompany are located outside of the territorial limits of the United\nStates, the average railway revenues and expenses of such railroad\ncompany shall consist of the revenues and expenses as defined above\nattributable to transportation operations in the United States.\n 4. In making determinations under this section, the commissioner shall\nconsider the information contained in the income, profit and loss\nstatements and other financial statements of each railroad company filed\nwith the interstate commerce commission, and the accounting records\nmaintained by such railroad company in accordance with the uniform\nsystem of accounts for railroad companies prescribed by the interstate\ncommerce commission. The commissioner may consider information available\nfrom the commissioner of transportation or other regulatory agency\nhaving jurisdiction over the accounts of such railroad company, as well\nas information available from other sources, including reports required\npursuant to section four hundred eighty-nine-nn of this chapter, and\nsuch other information as may be available to it.\n
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