Surface Transportation Board – Federal Register Recent Federal Regulation Documents
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Notice Tentatively Approving and Authorizing Finance Transaction
National Express LLC (National Express), a non-carrier, has filed an application to acquire control of Premier Transportation, LLC (Premier). The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.
Notice of Rail Energy Transportation Advisory Committee Meeting
Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to the Federal Advisory Committee Act.
Exclusion of Demurrage Regulation From Certain Class Exemptions
The Surface Transportation Board (STB or Board) is adopting a final rule amending its regulations governing the class exemptions for the rail transportation of certain miscellaneous commodities and rail transportation by boxcar to state more clearly that the exemptions do not apply to the regulation of demurrage. The final rule also revokes, in part, the class exemption that currently covers the rail transportation of certain agricultural commodities so that the exemption will not apply to the regulation of demurrage, thereby making the agricultural commodities exemption consistent with similar class exemptions covering non-intermodal rail transportation.
Railroad Cost of Capital-2019
The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2019. The decision solicits comments on the following issues: The railroads' 2019 current cost of debt capital; the railroads' 2019 current cost of preferred equity capital (if any); the railroads' 2019 cost of common equity capital; and the 2019 capital structure mix of the railroad industry on a market value basis.
30-Day Notice of Intent To Seek Extension of Approval: Information Collection-Rail Depreciation Studies
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Rail Depreciation Studies, described below. The Board previously published a notice about this collection in the Federal Register on December 12, 2019 (84 FR 67,990). That notice allowed for a 60-day public review and comment period. No comments were received.
30-Day Notice of Intent To Seek Extension of Approval: Information Collection Activities-Recordations (Rail and Water Carrier Liens), Water Carrier Tariffs, and Agricultural Contract Summaries
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collections required by statute for rail or water carrier equipment liens (recordations), water carrier tariffs, and rail agricultural contract summaries, described below. The Board previously published a notice about these collections in the Federal Register on December 12, 2019 (84 FR 67,991). That notice allowed for a 60-day public review and comment period. No comments were received.
30-Day Notice of Intent To Seek Extension of Approval: System Diagram Maps
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of system diagram maps, described below. The Board previously published a notice about this collection in the Federal Register on December 12, 2019 (84 FR 67,989). That notice allowed for a 60-day public review and comment period. No comments were received.
30-Day Notice of Intent To Seek Extension of Approval: Arbitration “Opt-In” Notices
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of arbitration ``opt-in'' notices, described below. The Board previously published a notice about this collection in the Federal Register on December 12, 2019. That notice allowed for a 60-day public review and comment period. No comments were received.
60-Day Notice of Intent To Seek Extension of Approval: Petitions for Declaratory Order and Petitions for Relief Not Otherwise Specified
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for extensions of the collections regarding petitions for declaratory order and petitions for relief not otherwise specified, as described below.
60-Day Notice of Intent To Seek Extension of Approval: Dispute Resolution Procedures Under the Fixing America's Surface Transportation Act
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Dispute Resolution Procedures, as described below.
60-Day Notice of Intent To Seek Extension of Approval: Household Goods Movers' Disclosure Requirements
As required by the Paperwork Reduction Act of 1995, the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the information collection (here, third-party disclosures), as described below.
Railroad Cost Recovery Procedures-Productivity Adjustment
In a decision served on February 6, 2020, the Board proposed to adopt 1.010 (1.0% per year) as the measure of average (geometric mean) change in railroad productivity for the 2014-2018 (five-year) period. This represents an increase of 0.5% from the average for the 2013-2017 period. The Board's February 6, 2020 decision in this proceeding stated that comments may be filed addressing any perceived data and computational errors in the Board's calculation. The decision also stated that, unless a further order is issued postponing the effective date, this decision will take effect on March 1, 2020.
Soo Line Corporation-Control-Central Maine & Quebec Railway, Inc.
The Surface Transportation Board (Board) is accepting for consideration the application filed on December 17, 2019, by Soo Line Corporation (Soo Line Corp.) and Central Maine & Quebec Railway US Inc. (CMQR US) (collectively, Applicants). The application seeks Board approval for Soo Line Corp., an indirect wholly owned holding company subsidiary of Canadian Pacific Railway Company (CP), to acquire control of CMQR US. This proposal is referred to as the Transaction. The Board finds that the application is complete. The Board also makes the preliminary determination, based on the evidence presented in the application, that the Transaction is a minor transaction because it ``clearly will not have any anticompetitive effects'' and that, if any such anticompetitive effects were found to exist, they would ``clearly be outweighed by the [T]ransaction's anticipated contribution to the public interest in meeting significant transportation needs.'' 49 CFR 1180.2. The Board emphasizes that this is not a final determination and may be rebutted by subsequent filings and evidence submitted into the record for this proceeding. The Board will carefully consider any claims that the Transaction would have anticompetitive effects.
Civil Monetary Penalties-2020 Adjustment
The Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
Winthrop Sargent, John Cogliano, and Paul Fuerst-Acquisition of Control-Plymouth and Brockton Street Railway Company, Brush Hill Transportation Company, and McGinn Bus Company, Inc.
On December 6, 2019, Winthrop Sargent (Sargent), John Cogliano (Cogliano), and Paul Fuerst (Fuerst) (collectively, Applicants), all noncarriers, filed an application for authority after-the-fact to acquire control of Plymouth and Brockton Street Railway Company (P&B), Brush Hill Transportation Company (Brush Hill), and McGinn Bus Company, Inc. (McGinn), from George S. Anzuoni and Richard W. Anzuoni (collectively, Sellers). The Board is tentatively approving and granting after-the-fact authorization of the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow Board regulations.
Quarterly Rail Cost Adjustment Factor
The Board has approved the first quarter 2020 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2020 RCAF (Unadjusted) is 1.043. The first quarter 2020 RCAF (Adjusted) is 0.440. The first quarter 2020 RCAF-5 is 0.414.
Regulatory Agenda; Semiannual Regulatory Agenda
The Chairman of the Surface Transportation Board is publishing the Regulatory Flexibility Agenda for fall 2019.
Seven County Infrastructure Coalition-Rail Construction & Operation-in Utah, Carbon, Duchesne, and Uintah Counties, Utah
The Seven County Infrastructure Coalition (Coalition) intends to seek Board approval to construct and operate an approximately 85- mile rail line between the Uinta Basin in northeastern Utah and an existing rail line near Kyune, Utah. On June 19, 2019, the Board's Office of Environmental Analysis (OEA) issued a Notice of Intent to Prepare an EIS and a Notice of Availability of the Draft Scope of Study (Draft Scope), pursuant to National Environmental Policy Act (NEPA). OEA requested comments on the Draft Scope from federal, state, and local agencies; tribes; other interested stakeholders; and the public during the public scoping period and held six public meetings in the project area. After review and consideration of all comments received, this notice sets forth the Final Scope of Study (Final Scope) of the EIS. The Final Scope reflects additions and changes to the Draft Scope as a result of comments received during the scoping comment period. The Final Scope also summarizes and addresses the principal environmental concerns raised by the comments on the Draft Scope and explains if and how these issues will be addressed in the EIS.
60-Day Notice of Intent To Seek Extension of Approval: System Diagram Maps
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of system diagram maps, described below.
60-Day Notice of Intent to Seek Extension of Approval: Rail Depreciation Studies
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Rail Depreciation Studies, described below.
60-Day Notice of Intent To Seek Extension of Approval: Arbitration “Opt-In” Notices
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Arbitration ``Opt-in'' Notices, described below.
60-Day Notice of Intent To Seek Extension of Approval: Information Collection Activities-Recordations (Rail and Water Carrier Liens), Water Carrier Tariffs, and Agricultural Contract Summaries
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection required by statute for rail or water carrier equipment liens (recordations), water carrier tariffs, and rail agricultural contract summaries, as described in more detail below.
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