Annual Submission of Tax Information for Use in the Revenue Shortfall Allocation Method, 8817-8818 [2010-3969]
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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations
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Coshocton County, Ohio, and Incorporated Areas
Docket No.: FEMA–B–1020
Muskingum River ......................
170 feet upstream of
Muskingum River east
260 feet upstream of
Muskingum River east
the railroad
of the Village
the railroad
of the Village
crossing over the
of Conesville.
crossing over the
of Conesville.
+737
Village of Conesville.
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Just upstream of the Jim Falls Dam Powerhouse ..............
+955
Just downstream of the Cornell Dam .................................
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[FR Doc. 2010–4070 Filed 2–25–10; 8:45 am]
sroberts on DSKD5P82C1PROD with RULES
BILLING CODE 9110–12–P
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
ACTION:
Final rule.
SUMMARY: The Surface Transportation
Board (Board) is amending 49 CFR part
1135 to add a rule that requires the
Association of American Railroads
(AAR) to annually update each Class I
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railroad’s weighted average State tax
rate for use in the Revenue Shortfall
Allocation Method (RSAM). RSAM 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).1 The new rule
requires that the AAR submit this
information by May 30 of each year.
1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568
F.3d 236 (DC Cir. 2009), and vacated in part on
other grounds on reh’g, CSX Transp., Inc. v. STB,
584 F.3d 1076 (DC Cir. 2009).
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8818
Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations
sroberts on DSKD5P82C1PROD with RULES
DATES: Effective Date: This rule is
effective on February 26, 2010.
ADDRESSES: Information or questions
regarding this final rule should
reference STB Ex Parte No. 682 and be
in writing addressed to: Chief, Section
of Administration, Office of
Proceedings, Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
FOR FURTHER INFORMATION CONTACT:
Valerie O. Quinn at (202) 245–0382.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION: The Board
is revising its regulations to include a
new rule, 49 CFR 1135.2, that requires
the AAR to annually calculate the
weighted average State tax rate for each
Class I railroad and submit that
information to the Board by May 30 of
each year. On May 11, 2009, the Board
completed its revision of the
methodology it uses to calculate 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 railroadspecific tax rates to be reflected in
RSAM. The calculation of the railroadspecific 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, on September 21, 2009, the
Board served a decision that, among
other things, instituted this rulemaking,
set a procedural schedule for comments,
and proposed that the AAR annually
update each Class I railroad’s weighted
average State tax information on or
before the due date for the Class I
railroads to file their Annual Report R–
1, Schedule 250, which is April 30 of
each year.2 See Annual Submission of
2 The Annual Report R–1 is a report filed
annually with the Board by March 31 by every Class
I railroad pursuant to 49 U.S.C. 11145. This report
contains a yearly accounting of the affairs of the
railroad. Though Schedule 250 is one of several
schedules required as part of the Annual Report R–
1, it is a separate document used by the Board in
revenue adequacy determinations, and it has a later
submission deadline than does the rest of the
Annual Report R–1 due to the time required to
prepare it.
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16:23 Feb 25, 2010
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Tax Information for Use in the Revenue
Shortfall Allocation Method, STB Ex
Parte No. 682 (STB served Sept. 21,
2009) (September Decision).
Pursuant to the procedural schedule
forth in the September Decision, the
AAR filed its comments on the
proposed rulemaking on October 21,
2009. The AAR concurs with the
Board’s proposal to require the AAR to
calculate and file the weighted average
State tax rate for each Class I railroad on
a specific date and also concurs with the
proposed procedural schedule for
reviewing the submitted information.
The AAR requests, however, that the
Board change the due date for
submission of the State tax information
from April 30 to May 30 of each year.
The AAR states that the Annual Report
R–1, due March 31 of each year,
includes the mileage necessary to
weight the State tax rates.3 If there is a
delay in filing the Annual Report Form
R–1, which the AAR reports has
occurred in the past, then the AAR
states that it would not have enough
time prior to April 30 to verify the
mileage data and calculate the railroadspecific weighted average State tax
rates. Therefore, the AAR requests that
we extend the due date for submitting
the railroad-specific weighted average
State tax rates to May 30 of each year.
The Board received no reply
comments to the AAR’s submission. The
Board finds the AAR’s request to extend
the due date for the calculations of the
railroad-specific weighted average State
tax rates reasonable. We will modify the
final rule to reflect a due date of May
30 of each year.
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 Mulvey, and Commissioner
Nottingham.
Jeffrey Herzig,
Clearance Clerk.
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. Section 1135.2 is added 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 May 30, 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
a notice of the filing in the Federal
Register within 10 days of the AAR’s
filing.
(c) Any interested party may file
comments on the 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 the
AAR’s weighted average State tax rates
on the 31st day. If comments opposing
the AAR’s calculations are received, the
AAR’s response will be 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. 2010–3969 Filed 2–25–10; 8:45 am]
BILLING CODE 4915–01–P
For the reasons set forth in the
preamble, the Surface Transportation
Board amends part 1135 of title 49,
chapter X, of the Code of Federal
Regulations as follows:
■
3 The mileage information is included in
Schedule 702.
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]]>Agencies
[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Pages 8817-8818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3969]
=======================================================================
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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
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board) is amending 49 CFR
part 1135 to add a rule that requires the Association of American
Railroads (AAR) to annually update each Class I railroad's weighted
average State tax rate for use in the Revenue Shortfall Allocation
Method (RSAM). RSAM 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).\1\ The new rule
requires that the AAR submit this information by May 30 of each year.
---------------------------------------------------------------------------
\1\ Aff'd sub nom. CSX Transp., Inc. v. STB, 568 F.3d 236 (DC
Cir. 2009), and vacated in part on other grounds on reh'g, CSX
Transp., Inc. v. STB, 584 F.3d 1076 (DC Cir. 2009).
---------------------------------------------------------------------------
[[Page 8818]]
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DATES: Effective Date: This rule is effective on February 26, 2010.
ADDRESSES: Information or questions regarding this final rule should
reference STB Ex Parte No. 682 and be in writing addressed to: Chief,
Section of Administration, Office of Proceedings, Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
FOR FURTHER INFORMATION CONTACT: Valerie O. Quinn at (202) 245-0382.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Board is revising its regulations to
include a new rule, 49 CFR 1135.2, that requires the AAR to annually
calculate the weighted average State tax rate for each Class I railroad
and submit that information to the Board by May 30 of each year. On May
11, 2009, the Board completed its revision of the methodology it uses
to calculate 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, on September 21, 2009, the
Board served a decision that, among other things, instituted this
rulemaking, set a procedural schedule for comments, and proposed that
the AAR annually update each Class I railroad's weighted average State
tax information on or before the due date for the Class I railroads to
file their Annual Report R-1, Schedule 250, which is April 30 of each
year.\2\ See Annual Submission of Tax Information for Use in the
Revenue Shortfall Allocation Method, STB Ex Parte No. 682 (STB served
Sept. 21, 2009) (September Decision).
---------------------------------------------------------------------------
\2\ The Annual Report R-1 is a report filed annually with the
Board by March 31 by every Class I railroad pursuant to 49 U.S.C.
11145. This report contains a yearly accounting of the affairs of
the railroad. Though Schedule 250 is one of several schedules
required as part of the Annual Report R-1, it is a separate document
used by the Board in revenue adequacy determinations, and it has a
later submission deadline than does the rest of the Annual Report R-
1 due to the time required to prepare it.
---------------------------------------------------------------------------
Pursuant to the procedural schedule forth in the September
Decision, the AAR filed its comments on the proposed rulemaking on
October 21, 2009. The AAR concurs with the Board's proposal to require
the AAR to calculate and file the weighted average State tax rate for
each Class I railroad on a specific date and also concurs with the
proposed procedural schedule for reviewing the submitted information.
The AAR requests, however, that the Board change the due date for
submission of the State tax information from April 30 to May 30 of each
year. The AAR states that the Annual Report R-1, due March 31 of each
year, includes the mileage necessary to weight the State tax rates.\3\
If there is a delay in filing the Annual Report Form R-1, which the AAR
reports has occurred in the past, then the AAR states that it would not
have enough time prior to April 30 to verify the mileage data and
calculate the railroad-specific weighted average State tax rates.
Therefore, the AAR requests that we extend the due date for submitting
the railroad-specific weighted average State tax rates to May 30 of
each year.
---------------------------------------------------------------------------
\3\ The mileage information is included in Schedule 702.
---------------------------------------------------------------------------
The Board received no reply comments to the AAR's submission. The
Board finds the AAR's request to extend the due date for the
calculations of the railroad-specific weighted average State tax rates
reasonable. We will modify the final rule to reflect a due date of May
30 of each year.
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 Mulvey, and
Commissioner Nottingham.
Jeffrey Herzig,
Clearance Clerk.
0
For the reasons set forth in the preamble, the Surface Transportation
Board amends part 1135 of title 49, chapter X, of the Code of Federal
Regulations as follows:
PART 1135--REPORTING REQUIREMENTS FOR RATE PROCEEDINGS
0
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.
0
2. Section 1135.2 is added 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 May
30, 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 a notice of the filing in the
Federal Register within 10 days of the AAR's filing.
(c) Any interested party may file comments on the 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 the AAR's weighted average State tax rates on the
31st day. If comments opposing the AAR's calculations are received, the
AAR's response will be 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. 2010-3969 Filed 2-25-10; 8:45 am]
BILLING CODE 4915-01-P
