Annual Submission of Tax Information for Use in the Revenue Shortfall Allocation Method, 48049-48050 [E9-22604]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules
Flooding source(s)
* Elevation in feet
(NGVD)
+ Elevation in feet (NAVD)
# Depth in feet above
ground
∧ Elevation in meters
(MSL)
Location of referenced elevation**
Effective
Unnamed Tributary No. 1 to
Fink Run (Backwater flooding from Buckhannon
River).
Approximately 2,100 feet upstream of intersection of
Old Weston Road and County Route 5/7 (Mudlick
Run).
Approximately at the area bounded by US Route 33,
Wabash Avenue, and County Route 33/1.
48049
Communities affected
Modified
None
+1,415
None
+1,415
Unincorporated Areas of
Upshur County.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
∧ Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Unincorporated Areas of Upshur County
Maps are available for inspection at 38 West Main Street, Buckhannon, WV 26201.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Deborah S. Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E9–22581 Filed 9–18–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 682]
Annual Submission of Tax Information
for Use in the Revenue Shortfall
Allocation Method
Surface Transportation Board,
DOT.
srobinson on DSKHWCL6B1PROD with PROPOSALS
ACTION:
Notice of proposed rulemaking.
SUMMARY: The Surface Transportation
Board (Board) proposes that the
Association of American Railroads
(AAR) annually update each Class I
railroad’s weighted average State tax
rate for use in the Revenue Shortfall
Allocation Method (RSAM), which is
one of three benchmarks that together
are used to determine the
reasonableness of a challenged rate
under the Board’s Simplified Standards
for Rail Rate Cases, STB Docket No. 646
(Sub-No. 1) (STB served Sept. 5, 2007)
VerDate Nov<24>2008
18:23 Sep 18, 2009
DATES: Comments must be filed by
October 21, 2009. Replies are due
November 10, 2009.
Comments may be
submitted either via the Board’s e-filing
format or in the traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the EFILING link on the Board’s Web site, at
https://www.stb.dot.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: STB Ex Parte No. 682, 395
E Street, SW., Washington, DC 20423–
0001.
Copies of written comments will be
available for viewing and self-copying at
the Board’s Public Docket Room, Room
131, and will be posted to the Board’s
Web site.
ADDRESSES:
49 CFR Part 1135
AGENCY:
(Simplified Standards). Pursuant to 49
U.S.C. 11145, the Board proposes that
AAR calculate the weighted average
State tax rate using the number of miles
operated by each Class I carrier in each
state and the corporate income tax rates
for each State. The Board proposes that
AAR submit this information on or
before the due date for the Class I
railroads to submit their Annual Report
R–1, Schedule 250.
Jkt 217001
FOR FURTHER INFORMATION CONTACT:
Timothy J. Strafford at (202) 245–0356.
Assistance for the hearing impaired is
available through the Federal
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
Information Relay Service (FIRS) at
1–800–877–8339.
SUPPLEMENTARY INFORMATION: The Board
recently completed a revision to its
methodology for calculating RSAM, one
of the three benchmarks used in the rate
standard applied to the smallest rate
disputes under Simplified Standards.
See Simplified Standards for Rail Rate
Cases—Taxes in Revenue Shortfall
Allocation Method, STB Ex Parte No.
646 (Sub-No. 2) (STB served May 11,
2009) (RSAM Taxes). Specifically, that
revision addressed the methodology
used to calculate railroad-specific tax
rates to be reflected in RSAM. The
calculation of the railroad-specific
weighted average state tax rates
requires, as one component, the state tax
rates applicable to each Class I railroad,
which can vary by state and railroad
depending on a number of factors. The
Board noted in RSAM Taxes that,
because of this variance, the Board
would need updated tax information on
an annual basis. Therefore, the Board is
now instituting this proceeding to
propose that AAR annually update each
Class I railroad’s weighted average state
tax information.
Under the Board’s proposal the AAR
would calculate the weighted average
state tax rate for each Class I railroad
using the state corporate income tax
rates and the number of miles operated
by each carrier in each state for the
previous year. For the state corporate
income tax rates, AAR would use the
state corporate tax information
E:\FR\FM\21SEP1.SGM
21SEP1
48050
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules
published on the website of the Tax
Foundation,1 adjusted as necessary.2
For the route-mile portion of the average
state tax equation, AAR would use
information from each railroads’
respective R–1 Schedule 702 (Miles of
Road at Close of Year—By States and
Territories (Single Track)), column (g) of
Schedule 702, which lists the total miles
operated, including both ‘‘line owned’’
and ‘‘line operated under trackage
rights.’’ AAR would also be required to
submit workpapers detailing its
calculations.
The Board proposes that AAR submit
the state tax information annually on or
before the due date for the Class I
railroads to file their Annual Report R–
1, Schedule 250, which is currently
April 30 of each year. The Board
proposes that within 10 days of
receiving the AAR’s state tax
information, it would issue a notice that
the AAR has filed the state tax
information and publish that notice in
the Federal Register. The Board would
allow a period of 30 days from the date
of the notice for interested parties to
comment. If no comments are received
within 30 days, then the tax rates
submitted will automatically be adopted
on the 31st day. This tax information
would then be used for calculating the
RSAM figures for that year. If comments
opposing AAR’s calculations are timely
filed, AAR would have 20 days to
respond. The Board would then review
the submission and comments and serve
a decision, within 60 days from the
close of the record, that either accepts,
1 See
https://www.taxfoundation.org.
the Board explained in RSAM Taxes, AAR
had to adjust some of the State tax information
reported on the Tax Foundation Web site due to the
need for updated information, the Tax Foundation’s
rounding of tax rates for certain States, or carrieror State-specific adjustments such as franchise
taxes, tax surcharges, and utility franchise taxes.
srobinson on DSKHWCL6B1PROD with PROPOSALS
2 As
VerDate Nov<24>2008
18:23 Sep 18, 2009
Jkt 217001
rejects, or modifies the AAR’s railroadspecific tax information.
With regard to the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, this proposed action directly
impacts the representative association
for the Class I railroads but does not
directly impact small entities within the
meaning of the Regulatory Flexibility
Act. Accordingly, pursuant to 5 U.S.C.
605(b), the Board certifies that the
regulations proposed herein will not
have a significant impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act. A copy of this decision
is being provided to the Chief Counsel
for Advocacy, Small Business
Administration.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
List of Subjects in 49 CFR Part 1135
Administrative practice and
procedure, Railroads, and Reporting and
recordkeeping requirements.
Authority: 5 U.S.C. 553 and 49 U.S.C. 721
and 10708.
By the Board, Chairman Elliott, Vice
Chairman Nottingham, and Commissioner
Mulvey.
Jeffery Herzig,
Clearance Clerk.
Appendix
For the reasons set forth in the
preamble, the Surface Transportation
Board proposes to amend part 1135 of
title 49, chapter X, of the Code of
Federal Regulations as follows:
PART 1135—REPORTING
REQUIREMENTS FOR RATE
PROCEEDINGS
1. The authority citation for part 1135
is revised to read as follows:
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
Authority: 5 U.S.C. 553, and 49 U.S.C. 721,
10701, 10704, 10708, and 11145.
2. Add § 1135.2 to read as follows:
§ 1135.2 Revenue Shortfall Allocation
Method: Annual state tax information.
(a) To enable the Board to calculate
the revenue shortfall allocation method
(RSAM), which is one of the three
benchmarks that are used to determine
the reasonableness of a challenged rate
under one standard of the Board’s
Simplified Standards for Rail Rate
Cases, STB Docket No. 646 (Sub-No. 1)
(STB served Sept. 5, 2007), the
Association of American Railroads
(AAR) shall file with the Board on or
before the due date for the Class I
railroads to submit their Annual Report
R–1, Schedule 250, the weighted
average state tax rates applicable to each
Class I railroad for the previous year.
The AAR shall submit workpapers
detailing its calculations.
(b) The Board will serve and publish
in the Federal Register within 10 days
of the AAR’s filing.
(c) Any interested party may file
comments on AAR’s filing within 30
days of the notice described in
paragraph (b) of this section. If no
comments are received within 30 days,
the Board will automatically adopt
AAR’s weighted average state tax rates
on the 31st day. If comments opposing
AAR’s calculations are received, AAR’s
response is due within 20 days of the
comments. The Board will review the
submission and comments and serve a
decision within 60 days from the date
of the close of the record that either
accepts, rejects, or modifies the AAR’s
railroad-specific tax information.
[FR Doc. E9–22604 Filed 9–18–09; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\21SEP1.SGM
21SEP1
]]>Agencies
[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Proposed Rules]
[Pages 48049-48050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22604]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1135
[STB Ex Parte No. 682]
Annual Submission of Tax Information for Use in the Revenue
Shortfall Allocation Method
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board) proposes that the
Association of American Railroads (AAR) annually update each Class I
railroad's weighted average State tax rate for use in the Revenue
Shortfall Allocation Method (RSAM), which is one of three benchmarks
that together are used to determine the reasonableness of a challenged
rate under the Board's Simplified Standards for Rail Rate Cases, STB
Docket No. 646 (Sub-No. 1) (STB served Sept. 5, 2007) (Simplified
Standards). Pursuant to 49 U.S.C. 11145, the Board proposes that AAR
calculate the weighted average State tax rate using the number of miles
operated by each Class I carrier in each state and the corporate income
tax rates for each State. The Board proposes that AAR submit this
information on or before the due date for the Class I railroads to
submit their Annual Report R-1, Schedule 250.
DATES: Comments must be filed by October 21, 2009. Replies are due
November 10, 2009.
ADDRESSES: Comments may be submitted either via the Board's e-filing
format or in the traditional paper format. Any person using e-filing
should attach a document and otherwise comply with the instructions at
the E-FILING link on the Board's Web site, at https://www.stb.dot.gov.
Any person submitting a filing in the traditional paper format should
send an original and 10 copies to: Surface Transportation Board, Attn:
STB Ex Parte No. 682, 395 E Street, SW., Washington, DC 20423-0001.
Copies of written comments will be available for viewing and self-
copying at the Board's Public Docket Room, Room 131, and will be posted
to the Board's Web site.
FOR FURTHER INFORMATION CONTACT: Timothy J. Strafford at (202) 245-
0356. Assistance for the hearing impaired is available through the
Federal Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Board recently completed a revision to
its methodology for calculating RSAM, one of the three benchmarks used
in the rate standard applied to the smallest rate disputes under
Simplified Standards. See Simplified Standards for Rail Rate Cases--
Taxes in Revenue Shortfall Allocation Method, STB Ex Parte No. 646
(Sub-No. 2) (STB served May 11, 2009) (RSAM Taxes). Specifically, that
revision addressed the methodology used to calculate railroad-specific
tax rates to be reflected in RSAM. The calculation of the railroad-
specific weighted average state tax rates requires, as one component,
the state tax rates applicable to each Class I railroad, which can vary
by state and railroad depending on a number of factors. The Board noted
in RSAM Taxes that, because of this variance, the Board would need
updated tax information on an annual basis. Therefore, the Board is now
instituting this proceeding to propose that AAR annually update each
Class I railroad's weighted average state tax information.
Under the Board's proposal the AAR would calculate the weighted
average state tax rate for each Class I railroad using the state
corporate income tax rates and the number of miles operated by each
carrier in each state for the previous year. For the state corporate
income tax rates, AAR would use the state corporate tax information
[[Page 48050]]
published on the website of the Tax Foundation,\1\ adjusted as
necessary.\2\ For the route-mile portion of the average state tax
equation, AAR would use information from each railroads' respective R-1
Schedule 702 (Miles of Road at Close of Year--By States and Territories
(Single Track)), column (g) of Schedule 702, which lists the total
miles operated, including both ``line owned'' and ``line operated under
trackage rights.'' AAR would also be required to submit workpapers
detailing its calculations.
---------------------------------------------------------------------------
\1\ See https://www.taxfoundation.org.
\2\ As the Board explained in RSAM Taxes, AAR had to adjust some
of the State tax information reported on the Tax Foundation Web site
due to the need for updated information, the Tax Foundation's
rounding of tax rates for certain States, or carrier- or State-
specific adjustments such as franchise taxes, tax surcharges, and
utility franchise taxes.
---------------------------------------------------------------------------
The Board proposes that AAR submit the state tax information
annually on or before the due date for the Class I railroads to file
their Annual Report R-1, Schedule 250, which is currently April 30 of
each year. The Board proposes that within 10 days of receiving the
AAR's state tax information, it would issue a notice that the AAR has
filed the state tax information and publish that notice in the Federal
Register. The Board would allow a period of 30 days from the date of
the notice for interested parties to comment. If no comments are
received within 30 days, then the tax rates submitted will
automatically be adopted on the 31st day. This tax information would
then be used for calculating the RSAM figures for that year. If
comments opposing AAR's calculations are timely filed, AAR would have
20 days to respond. The Board would then review the submission and
comments and serve a decision, within 60 days from the close of the
record, that either accepts, rejects, or modifies the AAR's railroad-
specific tax information.
With regard to the Regulatory Flexibility Act of 1980, 5 U.S.C.
601-612, this proposed action directly impacts the representative
association for the Class I railroads but does not directly impact
small entities within the meaning of the Regulatory Flexibility Act.
Accordingly, pursuant to 5 U.S.C. 605(b), the Board certifies that the
regulations proposed herein will not have a significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act. A copy of this decision is being provided
to the Chief Counsel for Advocacy, Small Business Administration.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects in 49 CFR Part 1135
Administrative practice and procedure, Railroads, and Reporting and
recordkeeping requirements.
Authority: 5 U.S.C. 553 and 49 U.S.C. 721 and 10708.
By the Board, Chairman Elliott, Vice Chairman Nottingham, and
Commissioner Mulvey.
Jeffery Herzig,
Clearance Clerk.
Appendix
For the reasons set forth in the preamble, the Surface
Transportation Board proposes to amend part 1135 of title 49, chapter
X, of the Code of Federal Regulations as follows:
PART 1135--REPORTING REQUIREMENTS FOR RATE PROCEEDINGS
1. The authority citation for part 1135 is revised to read as
follows:
Authority: 5 U.S.C. 553, and 49 U.S.C. 721, 10701, 10704, 10708,
and 11145.
2. Add Sec. 1135.2 to read as follows:
Sec. 1135.2 Revenue Shortfall Allocation Method: Annual state tax
information.
(a) To enable the Board to calculate the revenue shortfall
allocation method (RSAM), which is one of the three benchmarks that are
used to determine the reasonableness of a challenged rate under one
standard of the Board's Simplified Standards for Rail Rate Cases, STB
Docket No. 646 (Sub-No. 1) (STB served Sept. 5, 2007), the Association
of American Railroads (AAR) shall file with the Board on or before the
due date for the Class I railroads to submit their Annual Report R-1,
Schedule 250, the weighted average state tax rates applicable to each
Class I railroad for the previous year. The AAR shall submit workpapers
detailing its calculations.
(b) The Board will serve and publish in the Federal Register within
10 days of the AAR's filing.
(c) Any interested party may file comments on AAR's filing within
30 days of the notice described in paragraph (b) of this section. If no
comments are received within 30 days, the Board will automatically
adopt AAR's weighted average state tax rates on the 31st day. If
comments opposing AAR's calculations are received, AAR's response is
due within 20 days of the comments. The Board will review the
submission and comments and serve a decision within 60 days from the
date of the close of the record that either accepts, rejects, or
modifies the AAR's railroad-specific tax information.
[FR Doc. E9-22604 Filed 9-18-09; 8:45 am]
BILLING CODE 4915-01-P
