Surface Transportation Board 2007 – Federal Register Recent Federal Regulation Documents
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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 section 10(a)(2) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C., App. 2).
Finger Lakes Railway Corp.-Control Exemption-Ontario Central Railroad Corp.; Notice of Exemption
The Board grants an exemption, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323, et seq., for Finger Lakes Railway Corp. (FGLK), a Class III rail carrier, to acquire control by purchase of 81.05% of the issued and outstanding stock of Ontario Central Railroad Corp. (ONCT) from Livonia, Avon & Lakeville Railroad Corp. The rail line consists of 14 miles of the rail line in New York.
Notice and Request for Comments
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), the Surface Transportation Board (Board) gives notice that it has submitted a request to the Office of Management and Budget (OMB) for approval of the currently existing collection of Waybill Sample data, which is described in detail below. The Board previously published a notice about these collections in the Federal Register on May 21, 2007, at 72 FR 28549. That notice allowed for a 60- day public review and comment period. No comments were received. Comments may now be submitted to OMB concerning (1) the accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether this collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility.
Quarterly Rail Cost Adjustment Factor
The Board has approved the fourth quarter 2007 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2007 RCAF (Unadjusted) is 1.280. The fourth quarter 2007 RCAF (Adjusted) is 0.595. The fourth quarter 2007 RCAF-5 is 0.565.
Buffalo & Pittsburgh Railroad, Inc.-Lease and Operation Exemption-Norfolk Southern Railway Company and CSX Transportation, Inc.
Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the prior approval requirements of 49 U.S.C. 11323-24 to enable Buffalo & Pittsburgh Railroad, Inc., a Class II rail carrier, to acquire from Norfolk Southern Railway Company (NSR), by assignment, NSR's lease of approximately 24.6 miles of a line of railroad that is owned by CSX Transportation, Inc. (CSXT). The line extends from milepost BKC 2.0 near Cloe, PA, to milepost BKC 26.6 at Ridge Branch Junction near Creekside, PA. The exemption is subject to employee protective conditions.
Establishment of a Rail Energy Transportation Advisory Committee
The Surface Transportation Board (Board) hereby gives notice of the membership of the Rail Energy Transportation Advisory Committee.
Simplified Standards for Rail Rate Cases
On September 5, 2007, the Board served a decision that modifies its simplified rail rate guidelines, creating a simplified stand-alone cost approach for medium-size rail rate disputes and revising its three-benchmark approach for smaller rail rate disputes. The Board also places limits on the total relief available over a 5- year period under these two simplified approaches. Several rules in the Code of Federal Regulations (CFR) have been updated to reflect the changes in the simplified rail rate dispute approaches.
Soo Line Railroad Company d/b/a Canadian Pacific Railway-Acquisition and Operation Exemption-BNSF Railway Company
The Board grants an exemption, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323-25 for Soo Line Railroad Company d/b/a Canadian Pacific Railway's (CPR), a Class I rail carrier, acquisition and operation of BNSF Railway Company's (BNSF), a Class I rail carrier, property interests in 35.26 miles of rail lines that are jointly owned by CPR and BNSF and a contiguous 9.96-mile rail line that is solely owned by BNSF,\1\ subject to labor protective conditions.
Michigan Central Railway, LLC-Acquisition and Operation Exemption-Lines of Norfolk Southern Railway Company
By this decision and notice, the Board is revising its previously established schedule for considering the petition of Michigan Central Railway, LLC (MCR) to exempt its acquisition and operation of certain railroad lines of the Norfolk Southern Railway Company (NSR) in Michigan and Indiana, so as to allow 2 more weeks for the submission of comments. The agency is also denying requests to have this proceeding considered under the formal application process of 49 U.S.C. 10901 and 49 CFR Part 1150, rather than under the exemption provisions of 49 U.S.C. 10502(b) and 49 CFR 1121.1.
Six County Association of Governments-Construction and Operation Exemption-Rail Line Between Levan and Salina, Utah
On July 30, 2001, the Six County Association of Governments (SCAOG) filed a Petition for Exemption with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate a new rail line between Juab and Salina, Utah. The project involves approximately 43 miles of new rail line and ancillary facilities in Sanpete, Juab, and Sevier Counties that would connect the Union Pacific Railroad about 16 miles south of Nephi, near Juab, Utah, to a proposed coal transfer terminal facility about 0.5 mile southwest of Salina. The Proposed Action is known as the Central Utah Rail Project (CURP). Because the construction and operation of this project has the potential to result in significant environmental impacts, the Board's Section of Environmental Analysis (SEA) prepared, and issued, a Draft Environmental Impact Statement (EIS) on June 29, 2007. The comment period for the Draft EIS closed on August 22, 2007. Shortly before the end of the public comment period on the Draft EIS, however, SEA determined that additional information on alternatives and wetlands is warranted to ensure that those reviewing the document have all the information they need to comment effectively on the analysis contained in the Draft EIS. Therefore, SEA will prepare and issue Supplemental Information on Alternatives and Wetlands (Supplemental Information) to assist the public in its review of the proposed CURP project and extend the comment period on the Draft EIS. This notice is to inform individuals and agencies interested in or affected by the proposed CURP project that SEA will be issuing Supplemental Information in the near future. At that time, SEA will announce the availability of the Supplemental Information in the Federal Register and on the Board's Web site. SEA will also set the date for when comments on both the Supplemental Information and the Draft EIS are due. After the close of the extended comment period, SEA will prepare a Final EIS that considers comments received on both the Draft EIS and Supplemental Information. When considering whether to grant final approval of the proposed action, the Board will consider the DEIS, Supplemental Information, the Final EIS, and all environmental comments that are received.
Methodology To Be Employed in Determining the Railroad Industry's Cost of Capital
The Board proposes to revise its method for calculating the railroad industry's cost of capital by computing the cost of equity using a capital asset pricing model.
Rail Fuel Surcharge Reporting
The Surface Transportation Board is amending its regulations to require Class I railroads to report certain data concerning fuel costs and fuel surcharges billed. The data reported pursuant to this rule will provide an overall picture of the use of fuel surcharges and will permit the Board to monitor the fuel surcharge practices of Class I carriers. The new rule will be codified as 49 CFR 1243.3. The reporting form can be found in an Appendix to this section.
Buffalo & Pittsburgh Railroad Inc.-Lease and Operation Exemption-Norfolk Southern Railway Company
Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the prior approval requirements of 49 U.S.C. 10902 for Buffalo & Pittsburgh Railroad, Inc., a Class II rail carrier, to lease and operate approximately 35.9 miles of a line of railroad owned by the Norfolk Southern Railway Company. The rail line extends from milepost BR 8.8 near Gravity, NY, to milepost BR 44.7+/-, immediately south of the northbound home signal and insulated joint for CP-Machias near Machias, NY. The exemption is subject to employee protective conditions.
Michigan Central Railway, LLC-Acquisition and Operation Exemption-Lines of Norfolk Southern Railway Company
By this decision and notice, the Board is commencing a proceeding under 49 U.S.C. 10502(b) and 49 CFR 1121.1 to consider the petition of Michigan Central Railway, LLC (MCR) to exempt its acquisition and operation of certain railroad lines of the Norfolk Southern Railway Company (NSR) in Michigan and Indiana. To allow this proceeding to go forward, we are granting MCR's petition to revoke the application of the class exemption, which would otherwise apply to this transaction. Our revocation of the class exemption as to this transaction will allow us to consider the transaction in greater detail than it could be considered under our regulations for processing notices invoking the class exemption, and it will facilitate the participation of interested persons pursuant to the procedural schedule we are adopting.
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