Surface Transportation Board – Federal Register Recent Federal Regulation Documents
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National Association of Reversionary Property Owners-Petition for Rulemaking; Limiting Extensions of Trail Use Negotiating Periods
The Surface Transportation Board (Board) grants in part a petition by the National Association of Reversionary Property Owners (NARPO) and opens a proceeding in Docket No. EP 749 (Sub-No. 1) to consider revising regulations related to the National Trails System Act. The Board proposes to modify its regulations to limit the number of 180-day extensions of a trail use negotiating period to a maximum of six extensions, absent extraordinary circumstances.
Senior Executive Service Performance Review Board (PRB) and Executive Resources Board (ERB) Membership
This Federal Register notice serves to inform the public of the current membership of the PRB and ERB, which is as follows:
National Express LLC-Acquisition of Control-Wise Coaches, Inc.
On August 31, 2018, National Express LLC (National Express) and Alan Wise (collectively, Applicants), noncarriers, jointly filed an application under 49 U.S.C. 14303 for National Express to acquire control of Wise Coaches, Inc. d/b/a Wise Coach of Nashville (Wise). The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules at 49 CFR 1182.5 & 1182.8.
30-Day Notice of Intent To Seek Extension of Approval of Collections: Rail Carrier Financial Reports
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (Board) gives notice of its intent to request from the Office of Management and Budget (OMB) approval without change of the six existing collections described below. The Board previously published a notice about this collection in the Federal Register (July 11, 2018). That notice allowed for a 60-day public review and comment period. No comments were received.
Quarterly Rail Cost Adjustment Factor
The Board has approved the fourth quarter 2018 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2018 RCAF (Unadjusted) is 1.079. The fourth quarter 2018 RCAF (Adjusted) is 0.457. The fourth quarter 2018 RCAF-5 is 0.427.
All Aboard America! Holdings, Inc.-Acquisition of Control-Lux Bus America Co.
On August 14, 2018, All Aboard America! Holdings, Inc. (AAAHI), a noncarrier, filed an application under 49 U.S.C. 14303 for AAAHI to acquire a 100% equity interest in Lux Bus America Co. (Lux Bus), an interstate motor carrier of passengers. On August 23, 2018, AAAHI filed a supplement to its application. The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules at 49 CFR 1182.5 and 1182.8.
Notice of Railroad-Shipper Transportation Advisory Council Vacancy
The Board hereby gives notice of a vacancy on RSTAC for a small shipper representative. The Board seeks suggestions for candidates to fill this vacancy.
Notice of Rail Energy Transportation Advisory Committee Meeting
Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to the Federal Advisory Committee Act (FACA).
30-Day Notice of Intent To Seek Reinstatement Without Change: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) a reinstatement without change of Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery. This collection was developed to streamline the process for seeking feedback from the public on the Board's service delivery. The Board previously published a notice about this collection in the Federal Register (Apr. 26, 2018). That notice allowed for a 60-day public review and comment period. No comments were received.
Payment, Filing, and Service Procedures
The Surface Transportation Board (Board) proposes to modify its rules pertaining to certain payment, filing, and service procedures. Many of these rules are outdated and do not reflect current technology. As explained in this notice of proposed rulemaking (NPRM), the Board proposes updating its regulations relating to methods of payment, filing procedures, electronic service of Board decisions, and fees for copying, printing, and related services. The proposed updates are intended to promote increased use of electronic filing and payment systems and result in cost savings to both the Board and the public, while enhancing the accessibility of information relating to proceedings and functions of the Board.
Notice of National Grain Car Council Meeting
Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to the Federal Advisory Committee Act.
Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2018 Update
The Board updates for 2018 the fees that the public must pay to file certain cases and pleadings with the Board.
Railroad Revenue Adequacy-2017 Determination; Railroad Cost of Capital-2017; Uniform Railroad Costing System-2017 Calculations
The Board is seeking comment on whether to make adjustments to its 2017 annual cost of capital determination, revenue adequacy determination, and Uniform Railroad Costing System calculations, to account for a one-time revaluation of rail carriers' deferred tax liabilities due to the reduction of the federal corporate income tax rate in the Tax Cuts and Jobs Act enacted in December 2017.
Notice of Rail Energy Transportation Advisory Committee Vacancies
The Surface Transportation Board (Board) hereby gives notice of two vacancies on its Rail Energy Transportation Advisory Committee (RETAC) for representatives of the electric utility industry, one of which must be filled by a representative of a state- or municipally- owned utility. The Board is soliciting suggestions from the public for candidates to fill these vacancies.
60-Day Notice of Intent To Seek Extension of Approval of Collections: Rail Carrier Financial Reports
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (Board) gives notice of its intent to request from the Office of Management and Budget (OMB) approval without change of the six existing collections described below.
30-Day Notice of Intent To Seek Extension of Approval and Merger of Collections: Statutory Authority To Preserve Rail Service
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval for the information collections required under section 8(d) of the National Trails System Act (Trails Act). The Board is also seeking approval to merge into this collection (OMB Control Number: 2140-0022) the collection of information about notifications of Trails Act agreement and substitute sponsorship (OMB Control Number: 2140- 0017). The Board previously published a notice about this collection in the Federal Register (Apr. 18, 2018). That notice allowed for a 60-day public review and comment period. No comments were received.
Quarterly Rail Cost Adjustment Factor
The Board approves the third quarter 2018 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The third quarter 2018 RCAF (Unadjusted) is 1.061. The third quarter 2018 RCAF (Adjusted) is 0.449. The third quarter 2018 RCAF-5 is 0.419.
