2012 Tax Information for Use In The Revenue Shortfall Allocation Method, 34427-34428 [2013-13572]
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34427
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices
the deficiency has to be corrected, or a
PCA submitted, within 45 calendar days
of notification. The State will have 45
days to either correct the issue of
noncompliance or submit a PCA to
FHWA. The PCA should, at a minimum,
include the following information:
(a) Identify area of noncompliance;
(b) Identify the date FHWA notified
State of noncompliance;
(c) Identify actions to be taken to
address areas of noncompliance;
(d) Estimate duration and completion
date for each action;
(e) Define frequency and reporting
format which will be used to monitor;
progress towards successful completion
of the PCA; and
(f) Identify what the State considers to
be successful completion of PCA.
After the State submits a PCA, FHWA
will have 45 days to review and if
appropriate, accept the submitted PCA.
Upon FHWA acceptance of the PCA, the
final compliance determination for the
associated metric will be conditionally
compliant. If the PCA is not submitted
to FHWA in 45 days after notification of
noncompliance or the PCA does not
address the issues of noncompliance,
the final compliance determination for
the associated metric will be
noncompliant.
Penalty for Noncompliance
The FHWA will continue to
encourage the State to address the
noncompliance issues following the
final noncompliance determination and
expiration of the period allowed to
develop a PCA. If a State remains in
noncompliance on August 1 following a
final compliance determination of
noncompliance, FHWA will require the
State to dedicate funds to correct the
noncompliance, in accordance with 23
U.S.C. 144(h)(5). The State must submit
an analysis of actions needed to correct
the finding of noncompliance to FHWA
no later than August 1. The analysis
must identify the actions to be taken,
estimated duration and completion date
for each action, and an itemized amount
of funds to be directed for each action
to address the noncompliance. The
analysis plan will require the approval
of the FHWA. The FHWA will require
on October 1 of that year, and each year
thereafter as may be necessary, the State
to dedicate funds apportioned to the
State under sections 23 U.S.C. 119 and
23 U.S.C. 133 to correct the issue of
noncompliance.
4) to: Surface Transportation Board, 395
E Street SW., Washington, DC 20423–
0001.
FOR FURTHER INFORMATION CONTACT:
Authority: 23 U.S.C. 144 and 315; 23 CFR
1.32 and 650 Subpart C; 49 CFR 1.85.
Issued on: May 24, 2013.
Victor M. Mendez,
Administrator, Federal Highway
Administration.
Jonathon Binet, (202) 245–0368.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–13526 Filed 6–6–13; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 682 (Sub–No. 4)]
2012 Tax Information for Use In The
Revenue Shortfall Allocation Method
AGENCY:
Surface Transportation Board,
DOT.
ACTION:
Notice.
The Board is publishing, and
providing the public an opportunity to
comment on, the 2012 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 July 9,
2013. If any comment opposing AAR’s
calculation is filed, AAR’s reply will be
due by July 29, 2013. If no comments
are filed by the due date, AAR’s
calculation of the 2012 weighted
average state tax rates will be
automatically adopted by the Board,
effective July 10, 2013.
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.
SUMMARY:
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 30, 2013, AAR filed its
calculation of the weighted average state
tax rates for 2012, listed below for each
Class I railroad:
WEIGHTED AVERAGE STATE TAX RATES
mstockstill on DSK4VPTVN1PROD with NOTICES
[In percent]
Railroad
2012
BNSF Railway Company .........................................................................................................................
CSX Transportation, Inc ..........................................................................................................................
Grand Trunk Corporation .........................................................................................................................
1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568
F.3d 236 (D.C. Cir. 2009), and vacated in part on
VerDate Mar<15>2010
16:38 Jun 06, 2013
Jkt 229001
5.567
5.588
8.078
reh’g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C.
Cir. 2009).
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
E:\FR\FM\07JNN1.SGM
07JNN1
2011
5.584
5.660
8.089
Percent
change
¥0.017
¥0.072
¥0.011
34428
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices
WEIGHTED AVERAGE STATE TAX RATES—Continued
[In percent]
Railroad
2012
The Kansas City Southern Railway .........................................................................................................
Norfolk Southern Combined ....................................................................................................................
Soo Line Corporation ...............................................................................................................................
Union Pacific Railroad Company .............................................................................................................
Any party wishing to comment on
AAR’s calculation of the 2011 weighted
average state tax rates should file a
comment by July 9, 2013. See 49 CFR
1135.2(c). If any comments opposing
AAR’s calculations are filed, AAR’s
reply will be due by July 29, 2013. 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 July 9, 2013, AAR’s submitted
weighted average state tax rates will be
automatically adopted by the Board,
effective July 10, 2013. Id.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Decided: June 4, 2013.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013–13572 Filed 6–6–13; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 1068 (Sub–No. 1X); Docket
No. AB 1070; (Sub–No. 1X)]
mstockstill on DSK4VPTVN1PROD with NOTICES
Missouri Central Railroad Company—
Abandonment Exemption—in Cass,
Henry, Johnson, and Pettis Counties,
MO; Central Midland Railway
Company—Discontinuance of Service
Exemption—in Cass, Henry, Johnson,
and Pettis Counties, MO
Missouri Central Railroad Company
(MCRR) and Central Midland Railway
Company (CMR) (collectively,
applicants) have jointly filed a verified
notice of exemption under 49 CFR part
1152 subpart F—Exempt Abandonments
and Discontinuances of Service for
MCRR to abandon, and for CMR to
discontinue service over, approximately
42 miles of rail line between milepost
257.283 near Wingate, in Cass County,
Mo., and milepost 215.325 near
VerDate Mar<15>2010
16:38 Jun 06, 2013
Jkt 229001
Windsor, in Pettis County, Mo. The line
traverses United States Postal Service
Zip Codes 64040, 64061, 64080, 64726,
64733, 64761, and 65360.
Applicants have certified that: (1) No
local traffic has moved over the line for
at least 2 years; (2) there is no overhead
traffic on the line; (3) no formal
complaint filed by a user of rail service
on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to these exemptions,
any employee adversely affected by the
abandonment or discontinuance shall be
protected under Oregon Short Line
Railroad—Abandonment Portion
Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition
adequately protects affected employees,
a petition for partial revocation under
49 U.S.C. 10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received,
these exemptions will be effective on
July 9, 2013, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c) (2),2 and
trail use/rail banking requests under 49
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,600. See 49 CFR
1002.2 (f)(25).
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
2011
5.877
5.891
7.351
5.970
6.139
5.942
7.350
6.035
Percent
change
¥0.262
¥0.051
0.001
¥0.065
CFR 1152.29 must be filed by June 17,
2013. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by June 27, 2013,
with the Surface Transportation Board,
395 E Street, SW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to applicants’
representatives: Sandra L. Brown, 1919
M St. NW., Suite 700, Washington, DC
20036, and Lon Van Gemert, 21778
Highview Ave., Lakeville, MN 55044.
If the verified notice contains false or
misleading information, the exemptions
are void ab initio.
Applicants have filed a combined
environmental and historic report
which addresses the effects, if any, of
the abandonment and discontinuance
on the environment and historic
resources. OEA will issue an
environmental assessment (EA) by June
14, 2013. Interested persons may obtain
a copy of the EA by writing to OEA
(Room 1100, Surface Transportation
Board, Washington, DC 20423–0001) or
by calling OEA at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339. Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), MCRR shall file a notice
of consummation with the Board to
signify that it has exercised the
authority granted and fully abandoned
the line. If consummation has not been
effected by MCRR’s filing of a notice of
consummation by June 7, 2014, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at
‘‘www.stb.dot.gov.’’
Decided: June 3, 2013.
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34427-34428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13572]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 682 (Sub-No. 4)]
2012 Tax Information for Use In The Revenue Shortfall Allocation
Method
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Board is publishing, and providing the public an
opportunity to comment on, the 2012 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 July 9, 2013. If any comment opposing AAR's
calculation is filed, AAR's reply will be due by July 29, 2013. If no
comments are filed by the due date, AAR's calculation of the 2012
weighted average state tax rates will be automatically adopted by the
Board, effective July 10, 2013.
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. 4)
to: Surface Transportation Board, 395 E Street SW., Washington, DC
20423-0001.
FOR FURTHER INFORMATION CONTACT: Jonathon Binet, (202) 245-0368.
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. 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 (D.C.
Cir. 2009), and vacated in part on reh'g, CSX Transp., Inc. v. STB,
584 F.3d 1076 (D.C. 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 30,
2013, AAR filed its calculation of the weighted average state tax rates
for 2012, listed below for each Class I railroad:
Weighted Average State Tax Rates
[In percent]
------------------------------------------------------------------------
Percent
Railroad 2012 2011 change
------------------------------------------------------------------------
BNSF Railway Company............. 5.567 5.584 -0.017
CSX Transportation, Inc.......... 5.588 5.660 -0.072
Grand Trunk Corporation.......... 8.078 8.089 -0.011
[[Page 34428]]
The Kansas City Southern Railway. 5.877 6.139 -0.262
Norfolk Southern Combined........ 5.891 5.942 -0.051
Soo Line Corporation............. 7.351 7.350 0.001
Union Pacific Railroad Company... 5.970 6.035 -0.065
------------------------------------------------------------------------
Any party wishing to comment on AAR's calculation of the 2011
weighted average state tax rates should file a comment by July 9, 2013.
See 49 CFR 1135.2(c). If any comments opposing AAR's calculations are
filed, AAR's reply will be due by July 29, 2013. 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 July 9, 2013,
AAR's submitted weighted average state tax rates will be automatically
adopted by the Board, effective July 10, 2013. Id.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: June 4, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-13572 Filed 6-6-13; 8:45 am]
BILLING CODE 4915-01-P
