Hearing on Revenue Adequacy; Railroad Revenue Adequacy, 48982-48983 [2019-20076]
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48982
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
addressed to 395 E Street SW,
Washington, DC 20423–0001.
[Disaster Declaration #16111 and #16112;
Filings will be posted to the Board’s
For Economic Injury:
Louisiana Disaster Number LA–00093]
Businesses & Small Agricultural
website and need not be served on the
Cooperatives without Credit
other hearing participants or written
Administrative Declaration of a
Available Elsewhere ..............
4.000 commenters. Copies of the filings will
Disaster for the State of Louisiana
Non-Profit Organizations withalso be available (for a fee) by contacting
out Credit Available Elsethe Board’s Chief Records Officer at
AGENCY: U.S. Small Business
where .....................................
2.750
(202) 245–0238 or 395 E Street SW,
Administration.
Washington, DC 20423–0001.
ACTION: Notice.
The number assigned to this disaster
FOR
FURTHER INFORMATION CONTACT:
for physical damage is 16111 8 and for
SUMMARY: This is a notice of an
Amy Ziehm at (202) 245–0391.
economic injury is 16112 0.
Administrative declaration of a disaster
Assistance for the hearing impaired is
The State which received an EIDL
for the State of Louisiana dated 09/11/
available through the Federal Relay
Declaration # is Louisiana.
2019.
Service at (800) 877–8339.
(Catalog of Federal Domestic Assistance
Incident: Hurricane Barry.
SUPPLEMENTARY INFORMATION: In April
Number 59008)
Incident Period: 07/10/2019 through
2014, the Board instituted a proceeding
07/15/2019.
Christopher Pilkerton,
in Docket No. EP 722 and invited
interested persons to comment on the
DATES: Issued on 09/11/2019.
Acting Administrator.
Board’s methodology for determining
Physical Loan Application Deadline
[FR Doc. 2019–20052 Filed 9–16–19; 8:45 am]
revenue adequacy, the revenue
Date: 11/12/2019.
BILLING CODE 8026–03–P
adequacy component for judging the
Economic Injury (EIDL) Loan
reasonableness of rail freight rates, and
Application Deadline Date: 06/11/2020.
ADDRESSES: Submit completed loan
SURFACE TRANSPORTATION BOARD what, if any, changes the Board should
consider. See R.R. Revenue Adequacy,
applications to: U.S. Small Business
[Docket No. EP 761; Docket No. EP 722]
EP 722 et al., slip op. at 4 (STB served
Administration, Processing and
Apr. 2, 2014). The Board held a public
Disbursement Center, 14925 Kingsport
Hearing on Revenue Adequacy;
hearing on those issues in 2015.2
Road, Fort Worth, TX 76155.
Railroad Revenue Adequacy
In January 2018, the Board established
FOR FURTHER INFORMATION CONTACT: A.
its RRTF with the objectives of
AGENCY
:
Surface
Transportation
Board.
Escobar, Office of Disaster Assistance,
developing recommendations to reform
U.S. Small Business Administration,
ACTION: Notice of Public Hearing.
and streamline the Board’s rate review
409 3rd Street SW, Suite 6050,
process for large cases, and determining
Washington, DC 20416, (202) 205–6734. SUMMARY: The Surface Transportation
how to best provide a rate review
Board
(Board)
will
hold
a
public
hearing
SUPPLEMENTARY INFORMATION: Notice is
process for smaller cases. After holding
on December 12, 2019, on revenue
hereby given that as a result of the
informal meetings throughout 2018, the
adequacy
issues
raised
in
the
report
Administrator’s disaster declaration,
RRTF issued a report on April 25, 2019
issued by the Board’s Rate Reform Task
applications for disaster loans may be
(RRTF Report).3 The RRTF Report
Force
(RRTF).
The
hearing
will
be
held
filed at the address listed above or other
recommended, among other things, that
in the James E. Webb Memorial
locally announced locations.
the Board consider policy changes
Auditorium
of
the
National
Aeronautics
The following areas have been
regarding revenue adequacy. RRTF
and Space Administration (NASA),
determined to be adversely affected by
Report 12–13, 32–42.
located
at
300
E
Street
SW,
Washington,
The Board will hold a public hearing
the disaster:
DC. All interested persons are invited to on December 12, 2019, and invites
Primary Parishes: Allen, Avoyelles,
appear.1
interested persons to provide input on
Saint Mary.
DATES: The hearing will be held on
the RRTF’s recommendations regarding
Contiguous Parishes:
December 12, 2019, beginning at 9:30
revenue adequacy.4 All hearing
Louisiana: Assumption, Beauregard,
a.m., in NASA’s James E. Webb
participants are required to submit
Catahoula, Concordia, Evangeline,
Memorial Auditorium and will be open
written testimony by November 26,
Iberia, Jefferson Davis, La Salle,
for public observation. Any person
Pointe Coupee, Rapides, Saint
2 The Board subsequently clarified that informal
wishing to speak at the hearing should
Landry, Saint Martin, Terrebonne,
discussions between the agency and stakeholders
file with the Board a notice of intent to
Vernon, West Feliciana.
are permitted in the proceeding. See R.R. Revenue
participate (identifying the party,
The Interest Rates are:
Adequacy, EP 722, slip op. at 1–2 (STB served Mar.
proposed speaker, and amount of time
28, 2018).
3 The RRTF Report was posted on the Board’s
requested) no later than October 31,
Percent
website on April 29, 2019, and can be accessed at
2019. All hearing participants are
required to submit written testimony by https://www.stb.gov/stb/rail/Rate_Reform_Task_
For Physical Damage:
Force_Report.pdf.
Homeowners with Credit AvailNovember 26, 2019. Written
4 Under 49 U.S.C. 10701(d)(2), when determining
able Elsewhere ......................
3.875 submissions by interested persons who
whether a rate is reasonable, the Board is directed
Homeowners without Credit
to give due consideration to three factors,
will not appear at the hearing should
Available Elsewhere ..............
1.938 also be filed by November 26, 2019.
recognizing the policy that ‘‘rail carriers shall earn
Businesses with Credit Availadequate revenues.’’ The Board is required to
‘‘annually determine which rail carriers are earning
able Elsewhere ......................
8.000 ADDRESSES: All filings, referring to
adequate revenues.’’ 49 U.S.C. 10704(a)(3); see, e.g.,
Docket No. EP 761 et al., must be filed
Businesses
without
Credit
R.R. Revenue Adequacy—2017 Determination, EP
Available Elsewhere ..............
4.000 with the Surface Transportation Board
552 (Sub-No. 22) (STB served Dec. 21, 2018). This
Non-Profit Organizations with
either via e-filing or in writing
annual determination is distinct from long-term
jbell on DSK3GLQ082PROD with NOTICES
SMALL BUSINESS ADMINISTRATION
Credit Available Elsewhere ...
Non-Profit Organizations without Credit Available Elsewhere .....................................
VerDate Sep<11>2014
17:05 Sep 16, 2019
Percent
2.750
1 These
2.750
Jkt 247001
proceedings are not consolidated. A
single decision is being issued for administrative
purposes.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
revenue adequacy, which ‘‘calls for a company, over
time, to average return on investment equal to its
cost of capital.’’ Coal Rate Guidelines, Nationwide,
1 I.C.C.2d 520, 536 (1985).
E:\FR\FM\17SEN1.SGM
17SEN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
2019. Written submissions by interested
persons who will not appear at the
hearing should also be filed by
November 26, 2019. All participants and
interested persons are asked to address
the following RRTF recommendations
in their written testimony or
submissions and at the hearing:
• Definition of long-term revenue
adequacy: The RRTF recommended
determining long-term revenue
adequacy by looking at the annual
determinations over ‘‘the shortest period
of time, not less than five years, that
includes both a year in which a
recession began and a year that follows
a year in which a recession began.’’
RRTF Report 13, 33.
• Rate increase constraint: The RRTF
recommended considering a rate
increase constraint for long-term
revenue-adequate carriers, which would
identify a point beyond which further
application of differential pricing would
be unwarranted. See RRTF Report 13,
36–39.
• Bottleneck changes: The RRTF
recommended considering suspension
of the Board’s Bottleneck 5 protections
as applied to long-term revenueadequate carriers. See RRTF Report 13,
39–41.
• Simplified Stand-Alone Cost
(Simplified-SAC) changes: For purposes
of considering whether a long-term
revenue-adequate carrier’s rate is
reasonable under Simplified-SAC, the
RRTF recommended reinstating the
simplification of the Road Property
Investment analysis. See RRTF Report
13, 41–42, & app. B.
Board Releases and Transcript
Availability: Decisions and notices of
the Board, including this notice, are
available on the Board’s website at
www.stb.gov. The Board will issue a
separate notice containing instructions
for attendance at the hearing and the
schedule of appearances. Please note
that streaming and recording systems
will not be available for this hearing. As
soon as a transcript is available, it will
be posted on the Board’s website.
It is ordered
1. A public hearing will be held on
December 12, 2019, at 9:30 a.m., in the
James E. Webb Memorial Auditorium of
the National Aeronautics and Space
Administration (NASA), located at 300
E Street SW, Washington, DC.
2. By October 31, 2019, any person
wishing to speak at the hearing shall file
with the Board a notice of intent to
participate identifying the party, the
5 See Cent. Power & Light Co. v. S. Pac. Transp.
Co., 1 S.T.B. 1059 (1996), clarified, 2 S.T.B. 235
(1997), aff’d sub nom. MidAmerican Energy Co. v.
STB, 169 F.3d 1099 (8th Cir. 1999).
VerDate Sep<11>2014
17:05 Sep 16, 2019
Jkt 247001
proposed speaker, and the amount of
time requested.
3. Written testimony by hearing
participants, and written submissions
by interested persons who will not
appear at the hearing, shall be filed by
November 26, 2019.
4. Filings will be posted to the Board’s
website and need not be served on any
hearing participants or other
commenters.
5. This decision is effective on its
service date.
6. This decision will be published in
the Federal Register.
Decided: September 12, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019–20076 Filed 9–16–19; 8:45 am]
BILLING CODE 4915–01–P
SUSQUEHANNA RIVER BASIN
COMMISSION
Projects Approved for Consumptive
Uses of Water
Susquehanna River Basin
Commission.
ACTION: Notice.
AGENCY:
This notice lists the projects
approved by rule by the Susquehanna
River Basin Commission during the
period set forth in DATES.
DATES: August 1–31, 2019.
ADDRESSES: Susquehanna River Basin
Commission, 4423 North Front Street,
Harrisburg, PA 17110–1788.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, General Counsel and
Secretary to the Commission, telephone:
(717) 238–0423, ext. 1312; fax: (717)
238–2436; email: joyler@srbc.net.
Regular mail inquiries may be sent to
the above address.
SUPPLEMENTARY INFORMATION: This
notice lists the projects, described
below, receiving approval for the
consumptive use of water pursuant to
the Commission’s approval by rule
process set forth in 18 CFR 806.22(e)
and § 806.22 (f) for the time period
specified above:
SUMMARY:
Approvals By Rule—Issued Under 18
CFR 806.22(e)
1. Sunoco Pipeline L.P.; Mariner East
2 Pipeline Project (Middlesex Township
Municipal Authority); ABR–201908015;
Various Municipalities Located In
Berks, Cumberland, Dauphin, Lebanon,
and York Counties, Pa.; Consumptive
Use of Up to 0.288 mgd; Approval Date:
August 16, 2019.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
48983
2. Sunoco Pipeline L.P.; Mariner East
2 Pipeline Project (Altoona Water
Authority); ABR–201908016; Various
Municipalities Located In Blair and
Huntingdon Counties, Pa.; Consumptive
Use of Up to 0.200 mgd; Approval Date:
August 27, 2019.
3. Sunoco Pipeline L.P.; Mariner East
2 Pipeline Project (Mount Union
Municipal Authority); ABR–201908017;
Various Municipalities Located In Blair,
Huntingdon, Juniata, and Perry
Counties, Pa.; Consumptive Use of Up to
0.200 mgd; Approval Date: August 27,
2019.
4. Sunoco Pipeline L.P.; Mariner East
2 Pipeline Project (PA American Water
Company—Hershey District); ABR–
201908018; Various Municipalities
Located In Dauphin, Lebanon, and
Berks Counties, Pa.; Consumptive Use of
Up to 0.288 mgd; Approval Date: August
27, 2019.
5. Sunoco Pipeline L.P.; Mariner East
2 Pipeline Project (PA American Water
Company—Mechanicsburg District);
ABR–201908019; Various
Municipalities Located In Cumberland,
York, and Dauphin Counties, Pa.;
Consumptive Use of Up to 0.266 mgd;
Approval Date: August 27, 2019.
6. Sunoco Pipeline L.P.; Mariner East
2 Pipeline Project (Elverson Water
Company, Inc.); ABR–201908020;
Various Municipalities Located In
Dauphin, Lebanon, Berks, and Chester
Counties, Pa.; Consumptive Use of Up to
0.070 mgd; Approval Date: August 29,
2019.
Water Source Approvals Issued Under
18 CFR 806.22(f)
1. ARD Operating, LLC; Pad ID: COP
Tract 289 Pad A; ABR–20090409.R2;
McHenry Township, Lycoming County,
Pa.; Consumptive Use of Up to 4.0000
mgd; Approval Date: August 2, 2019.
2. Chief Oil & Gas, LLC; Pad ID:
Reibson Drilling Pad; ABR–
201407014.R1; Elkland Township,
Sullivan County, Pa.; Consumptive Use
of Up to 2.5000 mgd; Approval Date:
August 2, 2019.
3. Inflection Energy (PA), LLC; Pad ID:
Reynolds Well Site; ABR–201908002;
Gamble Township, Lycoming County,
Pa.; Consumptive Use of Up to 4.0000
mgd; Approval Date: August 2, 2019.
4. Chesapeake Appalachia, L.L.C.; Pad
ID: Hunter, ABR–201408001.R1;
Windham Township, Wyoming County,
Pa.; Consumptive Use of Up to 7.5000
mgd; Approval Date: August 8, 2019.
5. Seneca Resources Company, LLC;
Pad ID: CRV Pad C09–G; ABR–
201408002.R1; Shippen Township,
Cameron County, Pa.; Consumptive Use
of Up to 7.5000 mgd; Approval Date:
August 12, 2019.
E:\FR\FM\17SEN1.SGM
17SEN1
]]>Agencies
[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48982-48983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20076]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. EP 761; Docket No. EP 722]
Hearing on Revenue Adequacy; Railroad Revenue Adequacy
AGENCY: Surface Transportation Board.
ACTION: Notice of Public Hearing.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board) will hold a public
hearing on December 12, 2019, on revenue adequacy issues raised in the
report issued by the Board's Rate Reform Task Force (RRTF). The hearing
will be held in the James E. Webb Memorial Auditorium of the National
Aeronautics and Space Administration (NASA), located at 300 E Street
SW, Washington, DC. All interested persons are invited to appear.\1\
---------------------------------------------------------------------------
\1\ These proceedings are not consolidated. A single decision is
being issued for administrative purposes.
DATES: The hearing will be held on December 12, 2019, beginning at 9:30
a.m., in NASA's James E. Webb Memorial Auditorium and will be open for
public observation. Any person wishing to speak at the hearing should
file with the Board a notice of intent to participate (identifying the
party, proposed speaker, and amount of time requested) no later than
October 31, 2019. All hearing participants are required to submit
written testimony by November 26, 2019. Written submissions by
interested persons who will not appear at the hearing should also be
---------------------------------------------------------------------------
filed by November 26, 2019.
ADDRESSES: All filings, referring to Docket No. EP 761 et al., must be
filed with the Surface Transportation Board either via e-filing or in
writing addressed to 395 E Street SW, Washington, DC 20423-0001.
Filings will be posted to the Board's website and need not be
served on the other hearing participants or written commenters. Copies
of the filings will also be available (for a fee) by contacting the
Board's Chief Records Officer at (202) 245-0238 or 395 E Street SW,
Washington, DC 20423-0001.
FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: In April 2014, the Board instituted a
proceeding in Docket No. EP 722 and invited interested persons to
comment on the Board's methodology for determining revenue adequacy,
the revenue adequacy component for judging the reasonableness of rail
freight rates, and what, if any, changes the Board should consider. See
R.R. Revenue Adequacy, EP 722 et al., slip op. at 4 (STB served Apr. 2,
2014). The Board held a public hearing on those issues in 2015.\2\
---------------------------------------------------------------------------
\2\ The Board subsequently clarified that informal discussions
between the agency and stakeholders are permitted in the proceeding.
See R.R. Revenue Adequacy, EP 722, slip op. at 1-2 (STB served Mar.
28, 2018).
---------------------------------------------------------------------------
In January 2018, the Board established its RRTF with the objectives
of developing recommendations to reform and streamline the Board's rate
review process for large cases, and determining how to best provide a
rate review process for smaller cases. After holding informal meetings
throughout 2018, the RRTF issued a report on April 25, 2019 (RRTF
Report).\3\ The RRTF Report recommended, among other things, that the
Board consider policy changes regarding revenue adequacy. RRTF Report
12-13, 32-42.
---------------------------------------------------------------------------
\3\ The RRTF Report was posted on the Board's website on April
29, 2019, and can be accessed at https://www.stb.gov/stb/rail/Rate_Reform_Task_Force_Report.pdf.
---------------------------------------------------------------------------
The Board will hold a public hearing on December 12, 2019, and
invites interested persons to provide input on the RRTF's
recommendations regarding revenue adequacy.\4\ All hearing participants
are required to submit written testimony by November 26,
[[Page 48983]]
2019. Written submissions by interested persons who will not appear at
the hearing should also be filed by November 26, 2019. All participants
and interested persons are asked to address the following RRTF
recommendations in their written testimony or submissions and at the
hearing:
---------------------------------------------------------------------------
\4\ Under 49 U.S.C. 10701(d)(2), when determining whether a rate
is reasonable, the Board is directed to give due consideration to
three factors, recognizing the policy that ``rail carriers shall
earn adequate revenues.'' The Board is required to ``annually
determine which rail carriers are earning adequate revenues.'' 49
U.S.C. 10704(a)(3); see, e.g., R.R. Revenue Adequacy--2017
Determination, EP 552 (Sub-No. 22) (STB served Dec. 21, 2018). This
annual determination is distinct from long-term revenue adequacy,
which ``calls for a company, over time, to average return on
investment equal to its cost of capital.'' Coal Rate Guidelines,
Nationwide, 1 I.C.C.2d 520, 536 (1985).
---------------------------------------------------------------------------
Definition of long-term revenue adequacy: The RRTF
recommended determining long-term revenue adequacy by looking at the
annual determinations over ``the shortest period of time, not less than
five years, that includes both a year in which a recession began and a
year that follows a year in which a recession began.'' RRTF Report 13,
33.
Rate increase constraint: The RRTF recommended considering
a rate increase constraint for long-term revenue-adequate carriers,
which would identify a point beyond which further application of
differential pricing would be unwarranted. See RRTF Report 13, 36-39.
Bottleneck changes: The RRTF recommended considering
suspension of the Board's Bottleneck \5\ protections as applied to
long-term revenue-adequate carriers. See RRTF Report 13, 39-41.
---------------------------------------------------------------------------
\5\ See Cent. Power & Light Co. v. S. Pac. Transp. Co., 1 S.T.B.
1059 (1996), clarified, 2 S.T.B. 235 (1997), aff'd sub nom.
MidAmerican Energy Co. v. STB, 169 F.3d 1099 (8th Cir. 1999).
---------------------------------------------------------------------------
Simplified Stand-Alone Cost (Simplified-SAC) changes: For
purposes of considering whether a long-term revenue-adequate carrier's
rate is reasonable under Simplified-SAC, the RRTF recommended
reinstating the simplification of the Road Property Investment
analysis. See RRTF Report 13, 41-42, & app. B.
Board Releases and Transcript Availability: Decisions and notices
of the Board, including this notice, are available on the Board's
website at www.stb.gov. The Board will issue a separate notice
containing instructions for attendance at the hearing and the schedule
of appearances. Please note that streaming and recording systems will
not be available for this hearing. As soon as a transcript is
available, it will be posted on the Board's website.
It is ordered
1. A public hearing will be held on December 12, 2019, at 9:30
a.m., in the James E. Webb Memorial Auditorium of the National
Aeronautics and Space Administration (NASA), located at 300 E Street
SW, Washington, DC.
2. By October 31, 2019, any person wishing to speak at the hearing
shall file with the Board a notice of intent to participate identifying
the party, the proposed speaker, and the amount of time requested.
3. Written testimony by hearing participants, and written
submissions by interested persons who will not appear at the hearing,
shall be filed by November 26, 2019.
4. Filings will be posted to the Board's website and need not be
served on any hearing participants or other commenters.
5. This decision is effective on its service date.
6. This decision will be published in the Federal Register.
Decided: September 12, 2019.
By the Board, Allison C. Davis, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-20076 Filed 9-16-19; 8:45 am]
BILLING CODE 4915-01-P
