Buffalo & Pittsburgh Railroad Inc.-Lease and Operation Exemption-Norfolk Southern Railway Company, 45494 [E7-15861]

Download as PDF 45494 Federal Register / Vol. 72, No. 156 / Tuesday, August 14, 2007 / Notices comments on the use of a fixed number instead. To calculate the Beta for each carrier, we propose to use that carrier’s monthly, merger-adjusted 1 stock return data for the prior 10 years in the following standard equation: R ¥ RF = b (RM ¥ RF) + e mstockstill on PROD1PC66 with NOTICES R = merger-adjusted monthly stock return for the railroad; RF = monthly 10-year U.S. Treasury bond rate; RM = monthly return on the NYSE; and e = random error term Using a simple, ordinary least squares (OLS) regression technique, the Board would estimate b, the coefficient of systematic, non-diversifiable risk. OLS regression technique is a simple but accepted statistical tool one can use to develop an unbiased estimate of the true Beta. There would always be 120 months of data. Each year, 12 months of new data would be added to the data set and the oldest 12 months of observations would be removed. In selecting a 10-year time period to estimate Beta, we seek to balance the desire to eliminate statistical noise and achieve stability in the estimate, while allowing for the fact that Beta may change over time. Using earlier data might cause results to be skewed by events that are no longer important. On the other hand, using a shorter timeframe—while capturing changes in industry risk profiles more rapidly— would introduce more variability and noise in the estimate. We also invite comment on the use of 25-year or 5-year time periods. Anything less than five years appears to add too much noise. Green, Lopez, & Wang, Formulating the Imputed Cost of Equity Capital for Priced Services at Federal Reserve Banks, FRBYU Econ. Policy Rev. at 70 (Sept. 2003). We invite comments on whether it would be reasonable to assume that Beta equals 1, thereby eliminating the need to estimate Beta. Finance theory predicts that Beta will move towards 1 over time, and this has proved true for banks and other firms that provide payment processing services. See Hearing Tr. at 25. We also invite comments on the inclusion of an intercept term in the regression. We have reviewed and reject other suggested changes to our existing procedures. First, we reject WCTL’s suggestion that parties should be 1 ‘‘Merger-adjusted’’ means that, in instances where a carrier has been formed by merger of several predecessor railroads, data for the shares of predecessor railroads are included in such a way as to show total performance as if the merger had already occurred. VerDate Aug<31>2005 16:35 Aug 13, 2007 Jkt 211001 permitted to argue for an alternate approach to be used in a particular year. Second, we will not adjust the debt portion of capital to reflect the capitalization of operating leases, as requested by WCTL. Third, we reject WCTL’s suggestion to replace the current-year debt-to-equity ratio with a multi-year average to avoid alleged ‘‘artificial’’ fluctuations in the capital structure used to calculate the weighted average. Finally, we will not expand the scope of this rulemaking to re-examine how this cost-of-capital determination is used in the Board’s annual revenue adequacy determinations and consider using a replacement-cost analysis, as suggested by the AAR. In a decision served on August 14, 2007, the Board has discussed each of these proposals in detail and explained how each addresses concerns raised in this proceeding. Because these proposals have significance for rail carriers and their shippers, all interested parties are invited to comment. Additional information is contained in the Board’s decision. To obtain a free copy of the full decision, visit the Board’s https://www.stb.dot.gov Web site. Pursuant to 5 U.S.C. 605(b), the Board certifies that the proposed action should not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: August 8, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. [FR Doc. E7–15888 Filed 8–13–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35044] Buffalo & Pittsburgh Railroad Inc.— Lease and Operation Exemption— Norfolk Southern Railway Company AGENCY: approximately 35.9 miles of a line of railroad owned by the Norfolk Southern Railway Company. The rail line extends from milepost BR 8.8 near Gravity, NY, to milepost BR 44.7+/¥, immediately south of the northbound home signal and insulated joint for CP-Machias near Machias, NY. The exemption is subject to employee protective conditions. The exemption will be effective on August 27, 2007. Petitions to stay must be filed by August 21, 2007. Petitions to reopen must be filed by September 4, 2007. DATES: An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35044, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, one copy of all pleadings must be served on petitioner’s representative: Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103–2808. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245–0395. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. To purchase a copy of the full decision, write to, email, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail asapdc@verizon.net; telephone: (202) 306–4004. [Assistance for the hearing impaired is available through FIRS at 1– 800–877–8339.] Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: August 8, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. [FR Doc. E7–15861 Filed 8–13–07; 8:45 am] BILLING CODE 4915–01–P Surface Transportation Board, DOT. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the prior approval requirements of 49 U.S.C. 10902 for Buffalo & Pittsburgh Railroad, Inc., a Class II rail carrier, to lease and operate PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 72, Number 156 (Tuesday, August 14, 2007)]
[Notices]
[Page 45494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15861]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35044]


Buffalo & Pittsburgh Railroad Inc.--Lease and Operation 
Exemption--Norfolk Southern Railway Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board is granting a petition for 
exemption from the prior approval requirements of 49 U.S.C. 10902 for 
Buffalo & Pittsburgh Railroad, Inc., a Class II rail carrier, to lease 
and operate approximately 35.9 miles of a line of railroad owned by the 
Norfolk Southern Railway Company. The rail line extends from milepost 
BR 8.8 near Gravity, NY, to milepost BR 44.7+/-, immediately south of 
the northbound home signal and insulated joint for CP-Machias near 
Machias, NY. The exemption is subject to employee protective 
conditions.

DATES: The exemption will be effective on August 27, 2007. Petitions to 
stay must be filed by August 21, 2007. Petitions to reopen must be 
filed by September 4, 2007.

ADDRESSES: An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35044, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of all pleadings must be served on petitioner's representative: 
Eric M. Hocky, Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 
200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103-2808.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, e-
mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, 
Lanham, MD 20706; e-mail asapdc@verizon.net; telephone: (202) 306-4004. 
[Assistance for the hearing impaired is available through FIRS at 1-
800-877-8339.]
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: August 8, 2007.

    By the Board, Chairman Nottingham, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-15861 Filed 8-13-07; 8:45 am]
BILLING CODE 4915-01-P
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