TTX Company, et al.
In its decision in this proceeding served on August 31, 2004 (August 2004 decision), the Surface Transportation Board provided for the monitoring of TTX Company (TTX) and the preparation of a monitoring report at the end of year 5 of the 10-year term authorized by the Board for TTX's pooling agreement. To facilitate preparation of the report and preparation of comments by interested parties, the Board is directing TTX and its members to provide certain operational information and then is seeking comments from interested parties on whether any of TTX's activities require any action or particular oversight by the Board at this time.
Quarterly Rail Cost Adjustment Factor
The Board has approved the fourth quarter 2009 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2009 RCAF (Unadjusted) is 0.996. The fourth quarter 2009 RCAF (Adjusted) is 0.450. The fourth quarter 2009 RCAF-5 is 0.427.
Annual Submission of Tax Information for Use in the Revenue Shortfall Allocation Method
The Surface Transportation Board (Board) proposes that the Association of American Railroads (AAR) annually update each Class I railroad's weighted average State tax rate for use in the Revenue Shortfall Allocation Method (RSAM), which 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, STB Docket No. 646 (Sub-No. 1) (STB served Sept. 5, 2007) (Simplified Standards). Pursuant to 49 U.S.C. 11145, the Board proposes that AAR calculate the weighted average State tax rate using the number of miles operated by each Class I carrier in each state and the corporate income tax rates for each State. The Board proposes that AAR submit this information on or before the due date for the Class I railroads to submit their Annual Report R-1, Schedule 250.
Stagecoach Group PLC and Coach USA, Inc., et al.-Acquisition of Control-Twin America, LLC
On August 19, 2009, Stagecoach Group PLC (Stagecoach), a noncarrier, its noncarrier intermediate subsidiaries (Stagecoach Transport Holdings plc, SCUSI Ltd., Coach USA Administration, Inc.), Coach USA, Inc. (Coach USA), International Bus Services (IBS), a motor passenger carrier (MC-155937) controlled by Coach USA, City Sights Twin, LLC (City Sights Twin), a noncarrier, and Mr. Zev Marmurstein (collectively, Applicants), filed an application under 49 U.S.C. 14303 to acquire control of Twin America, LLC (Twin America) when it becomes a carrier.\1\ Applicants advised the Board that the New York State Attorney General's office served subpoenas duces tecum on Gray Line New York Tours, Inc., Gray Line Twin, LLC, CitySights LLC, City Sights New York LLC, City Sights Daily LLC, and Twin America inquiring into the operation of those entities, the formation of Twin America, and related matters. On August 26, 2009, the New York State Attorney General filed a notice of intent to participate as a party of record. A copy of this notice will be served on the New York State Attorney General. Persons wishing to oppose this application must follow the rules at 49 CFR 1182.5 and 1182.8.
Renewal of National Grain Car Council
In accordance with the Federal Advisory Committee Act, as amended 5 U.S.C., App. (FACA), notice is hereby given that the Surface Transportation Board intends to renew the charter of the National Grain Car Council (NGCC).
Renewal of Rail Energy Transportation Advisory Committee
In accordance with the Federal Advisory Committee Act, as amended 5 U.S.C., App. (FACA), notice is hereby given that the Surface Transportation Board (Board) intends to renew the charter of the Rail Energy Transportation Advisory Committee (RETAC).