Major Issues in Rail Rate Cases, 11015-11016 [E6-3049]

Download as PDF Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Notices Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). The Statement may also be found at http://dms.dot.gov. RSPPs BNSF Docket Number FRA–2006–23686 (Other Docket Numbers that may contain relevant information: FRA 2006–23687 and FRA 2006–FRA 2003– 15432). BNSF submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. CSX Transportation, Inc. (CSX) Docket Number FRA 2006–23685 (Other Docket Numbers that may contain relevant information: FRA). CSX submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. Union Pacific Railroad (UP) Docket Number FRA 2006–24002 (Other Docket Numbers that may contain relevant information: FRA). UP submitted a petition for approval of an RSPP. The petition, the RSPP, and any related documents have been placed in the requisite docket and are available for public inspection. Issued in Washington, DC on February 23, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6–3071 Filed 3–2–06; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Reports, Forms, and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration, DOT. ACTION: Notice. wwhite on PROD1PC61 with NOTICES AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. The Federal VerDate Aug<31>2005 16:43 Mar 02, 2006 Jkt 208001 Register Notice with a 60-day comment period was published on July 11, 2005 (70 FR 39851–39852). DATES: Comments must be submitted on or before April 3, 2006. ADDRESSES: Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: NHTSA Desk Officer. FOR FURTHER INFORMATION CONTACT: Alan Block at the National Highway Traffic Safety Administration, Office of Research and Technology (NTI–131), 202–366–6401, 400 Seventh Street, SW., Room 5119, Washington, DC 20590. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration Title: 2006 Motor Vehicle Occupant Safety Survey. OMB Number: 2121–New. Type of Request: New information collection request. Abstract: The Motor Vehicle Occupant Safety Survey (MVOSS) is conducted on a periodic basis for the National Highway Traffic Safety Administration to obtain a status report on attitudes, knowledge, and behavior related to motor vehicle occupant protection. It is a national telephone survey composed of two questionnaires, each administered to a randomly selected sample of approximately 6,000 persons age 16 and older. One questionnaire focuses on seat belt issues while the other focuses on child restraint use. Additional topics addressed by the survey include air bags, emergency medical services, wireless phone use in motor vehicles, and crash injury experience. The proposed survey is the sixth in the MVOSS series. The 2006 MVOSS will collect data on topics included in the preceding surveys in order to monitor change over time in the use of occupant protection devices and in attitudes and knowledge related to motor vehicle occupant safety. The survey will also include new questions that address emergent issues in occupant protection. Affected Public: Randomly selected members of the general public aged sixteen and older in telephone households. Estimated Total Annual Burden: 4,016 hours (9 cognitive interviews averaging 40 minutes each, 30 pre-test interviews averaging 20 minutes each, and 12,000 final interviews averaging 20 minutes each). Coments are invited on: Whether the proposed collection of information is necessary for the performance of the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 11015 functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A Comment to OMB is most effective if OMB receives it within 30 days of publication. Authority: 44 U.S.C. 3506(c)(2)(A). Marilena Amoni, Associate Administrator, Program Development and Delivery. [FR Doc. 06–1986 Filed 3–2–06; 8:45 am] BILLING CODE 4910–59–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 657 (Sub-No. 1)] Major Issues in Rail Rate Cases Surface Transportation Board. Notice of proposed guidelines. AGENCY: ACTION: SUMMARY: The Surface Transportation Board has instituted a proceeding to seek public comments on proposed changes to its stand-alone cost methodology, on whether to continue to permit movement-specific adjustments to its Uniform Railroad Costing System in rail rate reasonableness cases, and on the proper standards for reopening and vacating a prior rate decision that is based upon a stand-alone cost analysis. These changes are intended to resolve major issues common to all rail rate complaints seeking relief under the agency’s stand-alone cost test. DATES: Notices of intent to participate are due on March 20, 2006. Comments are due on May 1, 2006. Replies are due on May 31, 2006. Rebuttals are due on June 30, 2006. ADDRESSES: All notices of intent to participate and comments may be submitted either via the Board’s e-filing format or in the traditional paper format. Any person using the e-filing should comply with the instructions found on the Board’s Web site, http:// www.stb.dot.gov, at the ‘‘E-FILING’’ link. Any person submitting a filing in the traditional paper format should send an original and 20 paper copies of the filing (referring to STB Ex Parte No. 657 (Sub-No. 1) to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. E:\FR\FM\03MRN1.SGM 03MRN1 11016 Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Notices FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, 1–202–565–1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] The Surface Transportation Board (Board) is instituting a proceeding in STB Ex Parte No. 657 (Sub-No. 1) to obtain public comments on proposed changes to its stand-alone cost (SAC) methodology, on whether to continue to permit movement-specific adjustments to its Uniform Railroad Costing System (URCS) in rail rate reasonableness cases, and on the proper standards for reopening and vacating a prior rate decision that is based upon a SAC analysis. First, the Board presents two alternatives to the percent reduction method to determine maximum reasonable rates. Second, the Board proposes a new cost-based method for allocating revenue from cross-over traffic. Third, the Board proposes a method for forecasting future operating expenses of a stand-alone railroad (SARR) that would reflect anticipated future productivity gains. Fourth, the Board proposes to no longer permit movement-specific adjustments to URCS when calculating the 180% revenue-to-variable cost (R/VC) jurisdictional floor for rail rate relief. Fifth, the Board proposes to shorten the time frame for SAC analyses and corresponding rate prescriptions from 20 years to 10 years. Finally, the Board proposes new standards for reopening and vacating a prior Board decision (including any resulting rate prescription) that is based on a SAC analysis. In a decision served on February 27, 2006, the Board has discussed each of these issues in detail and set forth proposed solutions to the identified problems. Each of these issues is being revisited to ensure that both the SAC test and the jurisdictional floor for rate relief are applied fairly and in conformity with the Board’s statutory charge. Because these issues go to the heart of the SAC test and have industrywide significance for rail carriers and their captive shippers, all interested parties are invited to comment on these proposed changes. Additional information is contained in the Board’s decision. To obtain a free copy of the full decision, visit the Board’s Web site at http:// www.stb.dot.gov. A service list will be available at the Board’s Web site by March 31, 2006. Comments, replies and rebuttals should be served on all wwhite on PROD1PC61 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:43 Mar 02, 2006 Jkt 208001 persons designated on the list as a party of record. This action should not have a significant economic impact upon a substantial number of small entities, within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). To the extent that small entities may be affected, the impact should be beneficial, because these proposals will resolve several contentious issues in SAC proceeding, and simplify the jurisdictional inquiry. The Board, however, invites comments on whether there would be effects on small entities that should be considered. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: February 27, 2006. By the Board, Chairman Buttrey and Vice Chairman Mulvey. Vernon A. Williams, Secretary. [FR Doc. E6–3049 Filed 3–2–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34554 (Sub-No. 4)] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF), pursuant to a modified written trackage rights agreement entered into between BNSF and Union Pacific Railroad Company (UP), has agreed to extend the expiration date of the local trackage rights granted to UP 1 over BNSF’s line of railroad extending from BNSF milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX, a distance of approximately 51 miles.2 The transaction was scheduled to be consummated on February 20, 2006. The purpose of this transaction is to modify the temporary trackage rights exempted in STB Finance Docket No. 34554 (Sub-No. 2) to further extend the expiration date to on or before December 31, 2006. The modified trackage rights will permit UP to continue to move loaded and empty ballast trains for use in its maintenanceof-way projects. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34554 (Sub-No. 4), must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on Gabriel S. Meyer, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: February 22, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–1861 Filed 3–2–06; 8:45 am] BILLING CODE 4915–01–P 1 UP submits that the trackage rights being granted here are only temporary rights, but, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they do not qualify for the Board’s class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). See Railroad Consolidation Procedures—Exemption for Temporary Trackage Rights, STB Ex Parte No. 282 (Sub-No. 20) (STB served May 23, 2003). Therefore, UP and BNSF concurrently have filed a petition for partial revocation of this exemption in STB Finance Docket No. 34554 (Sub-No. 5), Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company, wherein UP and BNSF request that the Board permit the proposed local trackage rights arrangement described in the present proceeding to expire on or about December 31, 2006. That petition will be addressed by the Board in a separate decision. 2 The original trackage rights granted in Union Pacific Railroad Company—Trackage Rights PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Exemption—The Burlington Northern and Santa Fe Railway Company, STB Finance Docket No. 34554 (STB served Oct. 7, 2004), also extended from BNSF milepost 579.3 near Mill Creek, OK, to BNSF milepost 631.1 near Joe Junction, TX. By decisions served on November 24, 2004, in STB Finance Docket No. 34554 (Sub-No. 1) and on March 25, 2005, in STB Finance Docket No. 34554 (Sub-No. 3), the Board granted exemptions to permit the trackage rights authorized in STB Finance Docket No. 34554 and extended in STB Finance Docket No. 34554 (Sub-No. 2), served on Feb. 11, 2005, to expire. At the time of that extension, it was anticipated by the parties that the rights would expire on or about December 31, 2005. However, this authority has not yet been exercised. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Notices]
[Pages 11015-11016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3049]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 657 (Sub-No. 1)]


Major Issues in Rail Rate Cases

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed guidelines.

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SUMMARY: The Surface Transportation Board has instituted a proceeding 
to seek public comments on proposed changes to its stand-alone cost 
methodology, on whether to continue to permit movement-specific 
adjustments to its Uniform Railroad Costing System in rail rate 
reasonableness cases, and on the proper standards for reopening and 
vacating a prior rate decision that is based upon a stand-alone cost 
analysis. These changes are intended to resolve major issues common to 
all rail rate complaints seeking relief under the agency's stand-alone 
cost test.

DATES: Notices of intent to participate are due on March 20, 2006. 
Comments are due on May 1, 2006. Replies are due on May 31, 2006. 
Rebuttals are due on June 30, 2006.

ADDRESSES: All notices of intent to participate and comments may be 
submitted either via the Board's e-filing format or in the traditional 
paper format. Any person using the e-filing should comply with the 
instructions found on the Board's Web site, http://www.stb.dot.gov, at 
the ``E-FILING'' link. Any person submitting a filing in the 
traditional paper format should send an original and 20 paper copies of 
the filing (referring to STB Ex Parte No. 657 (Sub-No. 1) to: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.

[[Page 11016]]


FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, 1-202-565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: The Surface Transportation Board (Board) is 
instituting a proceeding in STB Ex Parte No. 657 (Sub-No. 1) to obtain 
public comments on proposed changes to its stand-alone cost (SAC) 
methodology, on whether to continue to permit movement-specific 
adjustments to its Uniform Railroad Costing System (URCS) in rail rate 
reasonableness cases, and on the proper standards for reopening and 
vacating a prior rate decision that is based upon a SAC analysis. 
First, the Board presents two alternatives to the percent reduction 
method to determine maximum reasonable rates. Second, the Board 
proposes a new cost-based method for allocating revenue from cross-over 
traffic. Third, the Board proposes a method for forecasting future 
operating expenses of a stand-alone railroad (SARR) that would reflect 
anticipated future productivity gains. Fourth, the Board proposes to no 
longer permit movement-specific adjustments to URCS when calculating 
the 180% revenue-to-variable cost (R/VC) jurisdictional floor for rail 
rate relief. Fifth, the Board proposes to shorten the time frame for 
SAC analyses and corresponding rate prescriptions from 20 years to 10 
years. Finally, the Board proposes new standards for reopening and 
vacating a prior Board decision (including any resulting rate 
prescription) that is based on a SAC analysis.
    In a decision served on February 27, 2006, the Board has discussed 
each of these issues in detail and set forth proposed solutions to the 
identified problems. Each of these issues is being revisited to ensure 
that both the SAC test and the jurisdictional floor for rate relief are 
applied fairly and in conformity with the Board's statutory charge. 
Because these issues go to the heart of the SAC test and have industry-
wide significance for rail carriers and their captive shippers, all 
interested parties are invited to comment on these proposed changes.
    Additional information is contained in the Board's decision. To 
obtain a free copy of the full decision, visit the Board's Web site at 
http://www.stb.dot.gov. A service list will be available at the Board's 
Web site by March 31, 2006. Comments, replies and rebuttals should be 
served on all persons designated on the list as a party of record.
    This action should not have a significant economic impact upon a 
substantial number of small entities, within the meaning of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). To the extent that 
small entities may be affected, the impact should be beneficial, 
because these proposals will resolve several contentious issues in SAC 
proceeding, and simplify the jurisdictional inquiry. The Board, 
however, invites comments on whether there would be effects on small 
entities that should be considered.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: February 27, 2006.

    By the Board, Chairman Buttrey and Vice Chairman Mulvey.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-3049 Filed 3-2-06; 8:45 am]
BILLING CODE 4915-01-P