2013 Tax Information for use in the Revenue Shortfall Allocation Method, 33038 [2014-13381]
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33038
Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Notices
be held and used throughout the course
of this Study. Dates, times and locations
for the scoping meetings and other
opportunities for public participation
will be announced on the B&P Tunnel
Project’s Web site (www.bptunnel.com)
and through mailings, public notices,
advertisements and press releases.
Comments will be accepted on the
scope of the EIS at the public meeting,
through the project Web site
(www.bptunnel.com) and by submitting
written comments to Michelle
Fishburne according to FOR FURTHER
INFORMATION CONTACT above. The formal
comment period for scoping will be as
described in DATES above.
Authority: National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et. seq.)
Issued in Washington, DC, on June 4, 2014.
Corey W. Hill,
Director, Office of Program Delivery.
[FR Doc. 2014–13318 Filed 6–6–14; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
FOR FURTHER INFORMATION CONTACT:
[Docket No. EP 682 (Sub-No. 5)]
2013 Tax Information for use in the
Revenue Shortfall Allocation Method
Surface Transportation Board.
Notice.
AGENCY:
ACTION:
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,
2014. If any comment opposing AAR’s
calculation is filed, AAR’s reply will be
due by July 29, 2014. If no comments
are filed by the due date, AAR’s
calculation of the 2013 weighted
average state tax rates will be
automatically adopted by the Board,
effective July 10, 2014.
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.
5) to: Surface Transportation Board, 395
E Street SW., Washington, DC 20423–
0001.
The Board is publishing, and
providing the public an opportunity to
comment on, the 2013 weighted average
SUMMARY:
Marc Lerner, (202) 245–0390. 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 annual 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, 2014, AAR filed its
calculation of the weighted average state
tax rates for 2013, listed below for each
Class I railroad:
WEIGHTED AVERAGE STATE TAX RATES
[In percent]
2013
(percent)
Railroad
ehiers on DSK2VPTVN1PROD with NOTICES
BNSF Railway Company .............................................................................................................
CSX Transportation, Inc ..............................................................................................................
Grand Trunk Corporation .............................................................................................................
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 2013 weighted
average state tax rates should file a
comment by July 9, 2014. See 49 CFR
1135.2(c). If any comments opposing
AAR’s calculations are filed, AAR’s
reply will be due by July 29, 2014. 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, 2014, AAR’s submitted
weighted average state tax rates will be
automatically adopted by the Board,
effective July 10, 2014. Id.
This action will not significantly
affect either the quality of the human
1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568
F.3d 236 (D.C. Cir. 2009), and vacated in part on
5.510
5.486
8.066
5.762
5.821
7.289
5.929
15:08 Jun 06, 2014
Jkt 232001
PO 00000
Frm 00132
Fmt 4703
Sfmt 9990
% Change
5.567
5.588
8.078
5.877
5.891
7.351
5.970
¥0.057
¥0.102
¥0.012
¥0.115
¥0.070
0.062
¥0.041
environment or the conservation of
energy resources.
reh’g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C.
Cir. 2009).
VerDate Mar<15>2010
2012
(percent)
Decided: June 4, 2014.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014–13381 Filed 6–6–14; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\09JNN1.SGM
09JNN1
]]>Agencies
[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Page 33038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13381]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 682 (Sub-No. 5)]
2013 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 2013 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, 2014. If any comment opposing AAR's
calculation is filed, AAR's reply will be due by July 29, 2014. If no
comments are filed by the due date, AAR's calculation of the 2013
weighted average state tax rates will be automatically adopted by the
Board, effective July 10, 2014.
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. 5)
to: Surface Transportation Board, 395 E Street SW., Washington, DC
20423-0001.
FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245-0390.
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 annual 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,
2014, AAR filed its calculation of the weighted average state tax rates
for 2013, listed below for each Class I railroad:
Weighted Average State Tax Rates
[In percent]
----------------------------------------------------------------------------------------------------------------
Railroad 2013 (percent) 2012 (percent) % Change
----------------------------------------------------------------------------------------------------------------
BNSF Railway Company............................................ 5.510 5.567 -0.057
CSX Transportation, Inc......................................... 5.486 5.588 -0.102
Grand Trunk Corporation......................................... 8.066 8.078 -0.012
The Kansas City Southern Railway................................ 5.762 5.877 -0.115
Norfolk Southern Combined....................................... 5.821 5.891 -0.070
Soo Line Corporation............................................ 7.289 7.351 0.062
Union Pacific Railroad Company.................................. 5.929 5.970 -0.041
----------------------------------------------------------------------------------------------------------------
Any party wishing to comment on AAR's calculation of the 2013
weighted average state tax rates should file a comment by July 9, 2014.
See 49 CFR 1135.2(c). If any comments opposing AAR's calculations are
filed, AAR's reply will be due by July 29, 2014. 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, 2014,
AAR's submitted weighted average state tax rates will be automatically
adopted by the Board, effective July 10, 2014. Id.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
Decided: June 4, 2014.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-13381 Filed 6-6-14; 8:45 am]
BILLING CODE 4915-01-P
