5005.1 If a railroad carrier does not timely file its annual report of railroad car entries and exits as required by § 5001.1, the Department may make a good-faith estimate of the railroad carrier's railroad car entries and exits for the calendar year, based on available federal and District data, for which fees are to be assessed, and send a notice of assessment under § 5003.1 to the railroad carrier based on that estimate.

5005.2 The Department may request that the railroad carrier that has submitted the report required by § 5001.1 provide documentation or other evidence demonstrating how the railroad carrier determined its reported railroad car entries and exits for purposes of that report.

5005.3 A railroad carrier must respond to a request by the Department under § 5005.2 within fourteen (14) calendar days after receipt of the request by the railroad carrier.

5005.4 If the Department determines that a railroad carrier has not provided sufficient documentation or other evidence to adequately support its reported railroad car entries and exits, the Department may proceed under § 5005.1 as if the railroad carrier did not timely report its railroad car entries and exits.

5005.5 The Department shall inform a railroad carrier in writing whether it accepts the railroad carrier's documentation or evidence and send the railroad carrier a revised notice of assessment or, alternatively, notify the railroad carrier in writing that it is proceeding under § 5005.1.

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025).