2010 Tax Information for Use in the Revenue Shortfall Allocation Method, 40448-40449 [2011-17238]
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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Notices
United States. This determination
indicates that Skanska/Traylor JV
certified non-compliance in error.
Notwithstanding the above
interpretation and Skanska/Traylor JV’s
willingness and ability to comply with
Buy America, the procedural portion of
FTA’s Buy America regulations prohibit
Skanska/Traylor JV from modifying its
Buy America certificate unless it
submitted an incorrect certificate based
on inadvertent or clerical error. 49 CFR
661.13(a)(1). In the case of a sealed bid
procurement, a bidder or offeror is
bound by its original certification. 49
CFR 661.13(c).
In this instance, FTA proposes to
waive the restrictions of 49 CFR 661.13
to allow Skanska/Traylor JV to certify
compliance with Buy America. Unlike
other requests for public interest
waivers, the granting of which enable an
otherwise non-compliant bidder to
purchase foreign products that the Buy
America provisions would otherwise
require to be produced in the United
States, in this circumstance a waiver
would allow MTA to award a contract
to a low bidder that will perform wholly
in compliance with the substantive Buy
America requirements. Without a
waiver, MTA may spend an additional
$32.9 million for the Second Avenue
Subway project without furthering the
goals of Buy America.
FTA may waive its rules if applying
the Buy America requirements ‘‘would
be inconsistent with the public
interest.’’ 49 U.S.C. 5323(j)(2)(A). Before
granting such waiver, FTA must issue a
detailed written statement justifying
why the waiver is in the public interest,
and must publish this justification in
the Federal Register, providing the
public with a reasonable time for notice
and comment of not more than seven
calendar days. 49 CFR 661.7(b). This
notice satisfies the aforementioned
requirement.
Before deciding whether to grant
MTA’s request, FTA seeks comment
from all interested parties. In the
interest of transparency, FTA has
published copies of MTA’s request to
the docket. Interested parties may access
these materials by visiting the docket
site at https://www.regulations.gov,
docket number FTA–2011–0031. Please
submit comments by July 15, 2011. Latefiled comments will be considered to
the extent practicable.
Issued this 1st day of July 2011.
Dorval R. Carter, Jr,
Chief Counsel.
[FR Doc. 2011–17182 Filed 7–7–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 682 (Sub-No. 2)]
2010 Tax Information for Use in the
Revenue Shortfall Allocation Method
Surface Transportation Board.
Notice.
AGENCY:
ACTION:
The Board is publishing, and
providing the public an opportunity to
comment on, the 2010 weighted average
state tax rates for each Class I railroad,
as calculated by the Association of
American Railroads (AAR), for use in
the Revenue Shortfall Allocation
Method (RSAM).
DATES: Comments are due by August 8,
2011. If any comment opposing AAR’s
calculations is filed, AAR’s reply will be
due August 29, 2011. If no comments
are filed by the due date, AAR’s
calculation of the 2010 weighted
average state tax rates will be
automatically adopted by the Board,
effective August 9, 2011.
ADDRESSES: Comments may be
submitted either via the Board’s e-filing
format or in 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
referring to Docket No. EP 682 (Sub-No.
2) to: Surface Transportation Board, 395
SUMMARY:
E Street, SW., Washington, DC 20423–
0001.
FOR FURTHER INFORMATION CONTACT:
Valerie O. Quinn (202) 245–0382.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: The
RSAM figure 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, EP 646 (Sub-No. 1)
(STB served Sept. 5, 2007),1 as further
revised in Simplified Standards for Rail
Rate Cases—Taxes in Revenue Shortfall
Allocation Method, EP 646 (Sub-No. 2)
(STB served Nov. 21, 2008). RSAM is
intended to measure the average markup
that the railroad would need to collect
from all of its ‘‘potentially captive
traffic’’ (traffic with a revenue-tovariable-cost ratio above 180%) to earn
adequate revenues as measured by the
Board under 49 U.S.C. § 10704(a)(2)
(i.e., earn a return on investment equal
to the railroad industry cost of capital).
Simplified Standards—Taxes in RSAM,
slip op. at 1. In Simplified Standards—
Taxes in RSAM, slip op. at 3, 5, the
Board modified its RSAM formula to
account for taxes, as the prior formula
mistakenly compared pre-tax and aftertax revenues. In that decision, the Board
stated that it would institute a separate
proceeding in which Class I railroads
would be required to submit the annual
tax information necessary for the
Board’s annul RSAM calculation. Id. at
5–6.
In Annual Submission of Tax
Information for Use in the Revenue
Shortfall Allocation Method, EP 682
(STB served Feb. 26, 2010), the Board
adopted rules to require AAR—a
national trade association—to annually
calculate and submit to the Board the
weighted average state tax rate for each
Class I railroad. See 49 CFR 1135.2(a).
On May 27, 2011, AAR filed its
calculation of the weighted average state
tax rates for 2010, listed below for each
Class I railroad:
WEIGHTED AVERAGE STATE TAX RATES
[In percent]
mstockstill on DSK4VPTVN1PROD with NOTICES
Railroad
2010
BNSF Railway Company .............................................................................................................
CSX Transportation, Inc. .............................................................................................................
Grand Trunk Corporation .............................................................................................................
The Kansas City Southern Railway .............................................................................................
Norfolk Southern Combined ........................................................................................................
Soo Line Corporation ...................................................................................................................
1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568
F.3d 236 (DC Cir. 2009), and vacated in part on
VerDate Mar<15>2010
17:52 Jul 07, 2011
Jkt 223001
5.572
5.575
7.634
6.070
5.819
7.305
reh’g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (DC
Cir. 2009).
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
E:\FR\FM\08JYN1.SGM
08JYN1
2009
5.665
5.578
7.590
6.434
5.803
8.651
% Change
¥0.093
¥0.003
0.044
¥0.364
0.016
¥1.346
40449
Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Notices
WEIGHTED AVERAGE STATE TAX RATES—Continued
[In percent]
Railroad
2010
Union Pacific Railroad Company .................................................................................................
Any party wishing to comment on
AAR’s calculation of the 2010 weighted
average state tax rates should file a
comment by August 8, 2011. See 49 CFR
1135.2(c). If any comment opposing
AAR’s calculations is filed, AAR’s reply
will be due by August 29, 2011. Id. If
any comments are filed, the Board will
review AAR’s submission, together with
the comments, and serve a decision
within 60 days of the close of the record
that either accepts, rejects, or modifies
AAR’s railroad-specific tax information.
Id. If no comments are filed by August
8, 2011, AAR’s submitted weighted
average state tax rates will be
automatically adopted by the Board,
effective August 9, 2011. Id.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Decided: July 5, 2011.
Joseph H. Dettmar,
Acting Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–17238 Filed 7–7–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
[REG–106010–98]
Proposed Collection; Comment
Request for Regulation Project
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning
information collection requirements
related to qualified lessee construction
allowances for short-term.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:52 Jul 07, 2011
Jkt 223001
Written comments should be
received on or before September 6, 2011
to be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette B. Lawrence, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of Evelyn J. Mack, at (202) 622–
7381, or at Internal Revenue Service,
Room 6129, 1111 Constitution Avenue,
NW., Washington, DC 20224, or through
the internet, at Evelyn.J.Mack@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Qualified Lessee Construction
Allowances for Short-Term Leases.
OMB Number: 1545–1661.
Regulation Project Number: REG–
106010–98, (TD 8901).
Abstract: The regulations provide
guidance with respect to § 110, which
provides a safe harbor whereby it will
be assumed that a construction
allowance provided by a lessor to a
lessee is used to construct or improve
lessor property when long-term property
is constructed or improved and used
pursuant to a short-term lease. The
regulations ensure that both the lessee
and the lessor consistently treat the
property subject to construction
allowance as nonresidential real
property owned by the lessor.
Current Actions: There is no change to
these existing regulations.
Type of review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
10,000.
Estimated Average Time per
Respondent: 1 hour.
Estimated Total Annual Reporting
Burden Hours: 10,000.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
DATES:
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
2009
5.922
6.051
% Change
¥0.129
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: June 28, 2011.
Yvette B. Lawrence,
IRS Reports Clearance Officer.
[FR Doc. 2011–17129 Filed 7–7–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Forms 12339, 12339–B,
and 13775
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Forms
12339, Internal Revenue Service
Advisory Council Membership
Application; 12339–B, Information
Reporting Program Advisory Committee
SUMMARY:
E:\FR\FM\08JYN1.SGM
08JYN1
]]>Agencies
[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40448-40449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17238]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 682 (Sub-No. 2)]
2010 Tax Information for Use in the Revenue Shortfall Allocation
Method
AGENCY: Surface Transportation Board.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Board is publishing, and providing the public an
opportunity to comment on, the 2010 weighted average state tax rates
for each Class I railroad, as calculated by the Association of American
Railroads (AAR), for use in the Revenue Shortfall Allocation Method
(RSAM).
DATES: Comments are due by August 8, 2011. If any comment opposing
AAR's calculations is filed, AAR's reply will be due August 29, 2011.
If no comments are filed by the due date, AAR's calculation of the 2010
weighted average state tax rates will be automatically adopted by the
Board, effective August 9, 2011.
ADDRESSES: Comments may be submitted either via the Board's e-filing
format or in 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 referring to Docket No. EP 682 (Sub-No. 2)
to: Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
FOR FURTHER INFORMATION CONTACT: Valerie O. Quinn (202) 245-0382.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: The RSAM figure 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, EP 646
(Sub-No. 1) (STB served Sept. 5, 2007),\1\ as further revised in
Simplified Standards for Rail Rate Cases--Taxes in Revenue Shortfall
Allocation Method, EP 646 (Sub-No. 2) (STB served Nov. 21, 2008). RSAM
is intended to measure the average markup that the railroad would need
to collect from all of its ``potentially captive traffic'' (traffic
with a revenue-to-variable-cost ratio above 180%) to earn adequate
revenues as measured by the Board under 49 U.S.C. Sec. 10704(a)(2)
(i.e., earn a return on investment equal to the railroad industry cost
of capital). Simplified Standards--Taxes in RSAM, slip op. at 1. In
Simplified Standards--Taxes in RSAM, slip op. at 3, 5, the Board
modified its RSAM formula to account for taxes, as the prior formula
mistakenly compared pre-tax and after-tax revenues. In that decision,
the Board stated that it would institute a separate proceeding in which
Class I railroads would be required to submit the annual tax
information necessary for the Board's annul RSAM calculation. Id. at 5-
6.
---------------------------------------------------------------------------
\1\ Aff'd sub nom. CSX Transp., Inc. v. STB, 568 F.3d 236 (DC
Cir. 2009), and vacated in part on reh'g, CSX Transp., Inc. v. STB,
584 F.3d 1076 (DC Cir. 2009).
---------------------------------------------------------------------------
In Annual Submission of Tax Information for Use in the Revenue
Shortfall Allocation Method, EP 682 (STB served Feb. 26, 2010), the
Board adopted rules to require AAR--a national trade association--to
annually calculate and submit to the Board the weighted average state
tax rate for each Class I railroad. See 49 CFR 1135.2(a). On May 27,
2011, AAR filed its calculation of the weighted average state tax rates
for 2010, listed below for each Class I railroad:
Weighted Average State Tax Rates
[In percent]
----------------------------------------------------------------------------------------------------------------
Railroad 2010 2009 % Change
----------------------------------------------------------------------------------------------------------------
BNSF Railway Company............................................ 5.572 5.665 -0.093
CSX Transportation, Inc......................................... 5.575 5.578 -0.003
Grand Trunk Corporation......................................... 7.634 7.590 0.044
The Kansas City Southern Railway................................ 6.070 6.434 -0.364
Norfolk Southern Combined....................................... 5.819 5.803 0.016
Soo Line Corporation............................................ 7.305 8.651 -1.346
[[Page 40449]]
Union Pacific Railroad Company.................................. 5.922 6.051 -0.129
----------------------------------------------------------------------------------------------------------------
Any party wishing to comment on AAR's calculation of the 2010
weighted average state tax rates should file a comment by August 8,
2011. See 49 CFR 1135.2(c). If any comment opposing AAR's calculations
is filed, AAR's reply will be due by August 29, 2011. Id. If any
comments are filed, the Board will review AAR's submission, together
with the comments, and serve a decision within 60 days of the close of
the record that either accepts, rejects, or modifies AAR's railroad-
specific tax information. Id. If no comments are filed by August 8,
2011, AAR's submitted weighted average state tax rates will be
automatically adopted by the Board, effective August 9, 2011. Id.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: July 5, 2011.
Joseph H. Dettmar,
Acting Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-17238 Filed 7-7-11; 8:45 am]
BILLING CODE 4915-01-P
