Revisions to the Cost-of-Capital Composite Railroad Criteria, 18275-18276 [2017-07815]
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Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules
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Authority: 42 U.S.C. 7401 et seq.
Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–07820 Filed 4–17–17; 8:45 am]
BILLING CODE 6560–50–P
SURFACE TRANSPORTATION BOARD
49 CFR Chapter X
[Docket No. EP 664 (Sub-No. 3)]
Revisions to the Cost-of-Capital
Composite Railroad Criteria
Surface Transportation Board.
Notice of proposed rulemaking.
AGENCY:
ACTION:
To better reflect the current
marketplace, the Surface Transportation
Board (Board) is proposing to update
one of the screening criteria used to
create the ‘‘composite railroad’’ for the
Board’s annual cost-of-capital
determination. Specifically, the Board
proposes that one of its screening
criteria now require a company’s stock
to be listed on either the New York
Stock Exchange (NYSE) or the Nasdaq
Stock Market (NASDAQ), rather than be
listed on either the NYSE or American
Stock Exchange (AMEX), as the AMEX
is no longer in existence.
DATES: Comments are due by May 18,
2017. Reply comments are due by June
19, 2017.
sradovich on DSK3GMQ082PROD with PROPOSALS2
SUMMARY:
VerDate Sep<11>2014
15:58 Apr 17, 2017
Jkt 241001
Comments and replies may
be submitted either via the Board’s efiling 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.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: Docket No. EP 664 (SubNo. 3), 395 E Street SW., Washington,
DC 20423–0001. Copies of written
comments and replies 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:
Amy C. Ziehm, (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: One of the
Board’s regulatory responsibilities is to
determine annually the railroad
industry’s cost of capital. The cost-ofcapital figure represents the Board’s
estimate of the average rate of return
needed to persuade investors to provide
capital to the freight rail industry. This
figure is an essential component of
many of the Board’s core regulatory
responsibilities.
The Board calculates the cost of
capital as the weighted average of the
cost of debt and the cost of equity, with
the weights determined by the railroad
industry’s capital structure (the fraction
of capital from debt or equity on a
market-value basis). See Methodology to
be Employed in Determining R.R.
Indus.’s Cost of Capital, EP 664, slip op.
at 6 (STB served Jan. 17, 2008). The
Board determines the railroad industry’s
cost of capital for a ‘‘composite
railroad,’’ which is based on data from
a sample of railroads. Pursuant to
Railroad Cost of Capital—1984, 1
I.C.C.2d 989 (1985), the sample includes
all railroads that meet the following
criteria:
—The company is a Class I line-haul
railroad; 1
—If the Class I railroad is controlled by
another company, the controlling
company is primarily a railroad
company and is not already included
in the study frame; 2
ADDRESSES:
1 For the definition of a Class I railroad, see fn.
4, infra.
2 A company is considered to be primarily in the
railroad business if at least 50% of its total assets
are devoted to railroad operations. Railroad Cost of
Capital—1984, 1 I.C.C.2d at 1003–04.
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
18275
—The company’s bonds are rated at
least BBB by Standard & Poor’s and
Baa by Moody’s;
—The company’s stock is listed on
either the NYSE or the AMEX; and
—The company has paid dividends
throughout the review year. 1 I.C.C.2d
at 1003–04; see also R.R. Cost of
Capital—2015, EP 558 (Sub-No. 19),
slip op. at 3 (STB served Aug. 5,
2016).
Proposed Rule
The Board proposes to revise the
fourth screening criterion, which
currently requires that a company’s
stock be listed on either the NYSE or the
AMEX. The AMEX was acquired in
October 2008 by NYSE Euronext, a now
defunct Euro-American multinational
financial services corporation that
operated multiple securities exchanges.
As a result, the Board’s screening
criteria used to determine the composite
railroad should be updated to reflect the
current marketplace. The Board
therefore proposes that the fourth
screening criterion be amended to
remove the AMEX listing and instead
require that a company’s stock be listed
on either the NYSE or the NASDAQ, the
primary competitor to the NYSE.
The NASDAQ is a robust and
reputable stock exchange, and the Board
believes that it is a suitable replacement
for the AMEX in the cost-of-capital
determination. The NASDAQ is the
world’s second-largest stock exchange,
behind only the NYSE, and the NYSE
and NASDAQ combined account for the
major portion of all equities trading in
North America. When the Board’s
predecessor adopted the fourth
screening criterion, it did so to ‘‘insure
the availability of stock price data.’’
Railroad Cost of Capital—1984, 1
I.C.C.2d at 1004. By requiring applicable
carriers to trade on either the NYSE or
the NASDAQ, the Board would ensure
the availability of stock price data for
use in the Board’s computation of the
rail industry’s cost of capital.3
Therefore, the Board seeks public
comment on its proposal to require the
listing of a company’s stock on either
the NYSE or the NASDAQ for a railroad
to be included in the composite group
to determine the industry’s cost of
capital.
Regulatory Flexibility Act. The
Regulatory Flexibility Act of 1980
3 For its 2015 cost of capital calculation, the
Board waived its requirement that a company’s
stock be listed on either the NYSE or the AMEX,
noting that CSX Corporation (CSX) transferred its
stock exchange listing from the NYSE to the
NASDAQ in 2015. R.R. Cost of Capital—2015, EP
558 (Sub-No. 19), slip op. at 2 n.5 (STB served Mar.
10, 2016).
E:\FR\FM\18APP1.SGM
18APP1
18276
Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS2
(RFA), 5 U.S.C. 601–612, generally
requires a description and analysis of
new rules that would have a significant
economic impact on a substantial
number of small entities. In drafting a
rule, an agency is required to: (1) Assess
the effect that its regulation will have on
small entities; (2) analyze effective
alternatives that may minimize a
regulation’s impact; and (3) make the
analysis available for public comment.
Sections 601–604. In its notice of
proposed rulemaking, the agency must
either include an initial regulatory
flexibility analysis, section 603(a), or
certify that the proposed rule would not
have a ‘‘significant impact on a
substantial number of small entities.’’
Section 605(b).
Because the goal of the RFA is to
reduce the cost to small entities of
complying with federal regulations, the
RFA requires an agency to perform a
regulatory flexibility analysis of small
entity impacts only when a rule directly
regulates those entities. In other words,
the impact must be a direct impact on
small entities ‘‘whose conduct is
circumscribed or mandated’’ by the
VerDate Sep<11>2014
15:58 Apr 17, 2017
Jkt 241001
proposed rule. White Eagle Coop. Ass’n
v. Conner, 553 F.3d 467, 478, 480 (7th
Cir. 2009).
This proposal will not have a
significant economic impact upon a
substantial number of small entities
within the meaning of the RFA. A
change in the listing requirement for
inclusion in the composite railroad does
not have a significant economic impact
on the railroads included; likewise,
whether or not a railroad is included in
the composite group has no significant
economic impact on that individual
railroad. The proposed rule would
therefore have no significant impact on
small railroads (small entities).4
4 Effective June 30, 2016, for the purpose of RFA
analysis for rail carriers subject to our jurisdiction,
the Board defines a ‘‘small business’’ as a rail
carrier classified as a Class III rail carrier under 49
CFR 1201.1–1. See Small Entity Size Standards
Under the Regulatory Flexibility Act, EP 719 (STB
served June 30, 2016) (with Board Member
Begeman dissenting). Class III carriers have annual
carrier operating revenues of $20 million or less in
1991 dollars, or $36,633,120 or less when adjusted
for inflation using 2015 data. Class II carriers have
annual carrier operating revenues of less than $250
million but in excess of $20 million in 1991 dollars,
or $457,913,998 and $36,633,120 respectively,
when adjusted for inflation using 2015 data. The
PO 00000
Frm 00024
Fmt 4702
Sfmt 9990
Paperwork Reduction Act. The
Board’s proposal does not contain a new
or amended information collection
requirement subject to the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3521.
It is ordered:
1. Comments are due by May 18,
2017. Reply comments are due by June
19, 2017.
2. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration.
3. Notice of this decision will be
published in the Federal Register.
4. This decision is effective on its
service date.
Decided: April 12, 2017.
By the Board, Board Members Begeman,
Elliott, and Miller.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017–07815 Filed 4–17–17; 8:45 am]
BILLING CODE 4915–01–P
Board calculates the revenue deflator factor
annually and publishes the railroad revenue
thresholds on its Web site. 49 CFR 1201.1–1.
E:\FR\FM\18APP1.SGM
18APP1
Agencies
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Proposed Rules]
[Pages 18275-18276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07815]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
49 CFR Chapter X
[Docket No. EP 664 (Sub-No. 3)]
Revisions to the Cost-of-Capital Composite Railroad Criteria
AGENCY: Surface Transportation Board.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: To better reflect the current marketplace, the Surface
Transportation Board (Board) is proposing to update one of the
screening criteria used to create the ``composite railroad'' for the
Board's annual cost-of-capital determination. Specifically, the Board
proposes that one of its screening criteria now require a company's
stock to be listed on either the New York Stock Exchange (NYSE) or the
Nasdaq Stock Market (NASDAQ), rather than be listed on either the NYSE
or American Stock Exchange (AMEX), as the AMEX is no longer in
existence.
DATES: Comments are due by May 18, 2017. Reply comments are due by June
19, 2017.
ADDRESSES: Comments and replies 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.gov. Any person submitting a filing in the traditional paper
format should send an original and 10 copies to: Surface Transportation
Board, Attn: Docket No. EP 664 (Sub-No. 3), 395 E Street SW.,
Washington, DC 20423-0001. Copies of written comments and replies 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: Amy C. Ziehm, (202) 245-0391.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: One of the Board's regulatory
responsibilities is to determine annually the railroad industry's cost
of capital. The cost-of-capital figure represents the Board's estimate
of the average rate of return needed to persuade investors to provide
capital to the freight rail industry. This figure is an essential
component of many of the Board's core regulatory responsibilities.
The Board calculates the cost of capital as the weighted average of
the cost of debt and the cost of equity, with the weights determined by
the railroad industry's capital structure (the fraction of capital from
debt or equity on a market-value basis). See Methodology to be Employed
in Determining R.R. Indus.'s Cost of Capital, EP 664, slip op. at 6
(STB served Jan. 17, 2008). The Board determines the railroad
industry's cost of capital for a ``composite railroad,'' which is based
on data from a sample of railroads. Pursuant to Railroad Cost of
Capital--1984, 1 I.C.C.2d 989 (1985), the sample includes all railroads
that meet the following criteria:
--The company is a Class I line-haul railroad; \1\
---------------------------------------------------------------------------
\1\ For the definition of a Class I railroad, see fn. 4, infra.
---------------------------------------------------------------------------
--If the Class I railroad is controlled by another company, the
controlling company is primarily a railroad company and is not already
included in the study frame; \2\
---------------------------------------------------------------------------
\2\ A company is considered to be primarily in the railroad
business if at least 50% of its total assets are devoted to railroad
operations. Railroad Cost of Capital--1984, 1 I.C.C.2d at 1003-04.
---------------------------------------------------------------------------
--The company's bonds are rated at least BBB by Standard & Poor's and
Baa by Moody's;
--The company's stock is listed on either the NYSE or the AMEX; and
--The company has paid dividends throughout the review year. 1 I.C.C.2d
at 1003-04; see also R.R. Cost of Capital--2015, EP 558 (Sub-No. 19),
slip op. at 3 (STB served Aug. 5, 2016).
Proposed Rule
The Board proposes to revise the fourth screening criterion, which
currently requires that a company's stock be listed on either the NYSE
or the AMEX. The AMEX was acquired in October 2008 by NYSE Euronext, a
now defunct Euro-American multinational financial services corporation
that operated multiple securities exchanges. As a result, the Board's
screening criteria used to determine the composite railroad should be
updated to reflect the current marketplace. The Board therefore
proposes that the fourth screening criterion be amended to remove the
AMEX listing and instead require that a company's stock be listed on
either the NYSE or the NASDAQ, the primary competitor to the NYSE.
The NASDAQ is a robust and reputable stock exchange, and the Board
believes that it is a suitable replacement for the AMEX in the cost-of-
capital determination. The NASDAQ is the world's second-largest stock
exchange, behind only the NYSE, and the NYSE and NASDAQ combined
account for the major portion of all equities trading in North America.
When the Board's predecessor adopted the fourth screening criterion, it
did so to ``insure the availability of stock price data.'' Railroad
Cost of Capital--1984, 1 I.C.C.2d at 1004. By requiring applicable
carriers to trade on either the NYSE or the NASDAQ, the Board would
ensure the availability of stock price data for use in the Board's
computation of the rail industry's cost of capital.\3\ Therefore, the
Board seeks public comment on its proposal to require the listing of a
company's stock on either the NYSE or the NASDAQ for a railroad to be
included in the composite group to determine the industry's cost of
capital.
---------------------------------------------------------------------------
\3\ For its 2015 cost of capital calculation, the Board waived
its requirement that a company's stock be listed on either the NYSE
or the AMEX, noting that CSX Corporation (CSX) transferred its stock
exchange listing from the NYSE to the NASDAQ in 2015. R.R. Cost of
Capital--2015, EP 558 (Sub-No. 19), slip op. at 2 n.5 (STB served
Mar. 10, 2016).
---------------------------------------------------------------------------
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980
[[Page 18276]]
(RFA), 5 U.S.C. 601-612, generally requires a description and analysis
of new rules that would have a significant economic impact on a
substantial number of small entities. In drafting a rule, an agency is
required to: (1) Assess the effect that its regulation will have on
small entities; (2) analyze effective alternatives that may minimize a
regulation's impact; and (3) make the analysis available for public
comment. Sections 601-604. In its notice of proposed rulemaking, the
agency must either include an initial regulatory flexibility analysis,
section 603(a), or certify that the proposed rule would not have a
``significant impact on a substantial number of small entities.''
Section 605(b).
Because the goal of the RFA is to reduce the cost to small entities
of complying with federal regulations, the RFA requires an agency to
perform a regulatory flexibility analysis of small entity impacts only
when a rule directly regulates those entities. In other words, the
impact must be a direct impact on small entities ``whose conduct is
circumscribed or mandated'' by the proposed rule. White Eagle Coop.
Ass'n v. Conner, 553 F.3d 467, 478, 480 (7th Cir. 2009).
This proposal will not have a significant economic impact upon a
substantial number of small entities within the meaning of the RFA. A
change in the listing requirement for inclusion in the composite
railroad does not have a significant economic impact on the railroads
included; likewise, whether or not a railroad is included in the
composite group has no significant economic impact on that individual
railroad. The proposed rule would therefore have no significant impact
on small railroads (small entities).\4\
---------------------------------------------------------------------------
\4\ Effective June 30, 2016, for the purpose of RFA analysis for
rail carriers subject to our jurisdiction, the Board defines a
``small business'' as a rail carrier classified as a Class III rail
carrier under 49 CFR 1201.1-1. See Small Entity Size Standards Under
the Regulatory Flexibility Act, EP 719 (STB served June 30, 2016)
(with Board Member Begeman dissenting). Class III carriers have
annual carrier operating revenues of $20 million or less in 1991
dollars, or $36,633,120 or less when adjusted for inflation using
2015 data. Class II carriers have annual carrier operating revenues
of less than $250 million but in excess of $20 million in 1991
dollars, or $457,913,998 and $36,633,120 respectively, when adjusted
for inflation using 2015 data. The Board calculates the revenue
deflator factor annually and publishes the railroad revenue
thresholds on its Web site. 49 CFR 1201.1-1.
---------------------------------------------------------------------------
Paperwork Reduction Act. The Board's proposal does not contain a
new or amended information collection requirement subject to the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
It is ordered:
1. Comments are due by May 18, 2017. Reply comments are due by June
19, 2017.
2. A copy of this decision will be served upon the Chief Counsel
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
3. Notice of this decision will be published in the Federal
Register.
4. This decision is effective on its service date.
Decided: April 12, 2017.
By the Board, Board Members Begeman, Elliott, and Miller.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-07815 Filed 4-17-17; 8:45 am]
BILLING CODE 4915-01-P