Surface Transportation Board 2015 – Federal Register Recent Federal Regulation Documents
Results 51 - 100 of 155
Lone Star Railroad, Inc. and Southern Switching Company-Track Construction and Operation Exemption-in Howard County, Tex
On February 24, 2015, Applicants, Lone Star Railroad, Inc. (LSR) and Southern Switching Company (SSC), filed a petition with the Surface Transportation Board (Board) pursuant to 49 United States Code (U.S.C.) 10502 and 49 Code of Federal Regulations (CFR) 1121.1. The Board's Office of Environmental Analysis (OEA) is responsible for ensuring the Board's compliance with the requirements of the National Environmental Policy Act. Applicants seek Board authority for LSR to construct and SSC to operate approximately 3.18 miles of rail line that would connect to an existing Union Pacific Railroad Company mainline and provide rail service to an industrial park property near Big Spring, in Howard County, Texas. The primary purpose for the proposed action is the efficient delivery of frac sand by rail to the industrial park property, where it would be transloaded to trucks for delivery to crude oil wellhead locations in the Permian Basin. Applicants anticipate that the proposed rail line would support an average of five trains per week. Today, OEA has issued the Draft Environmental Assessment (EA), which is available on the Board's Web site, ww.stb.dot.gov, by clicking ``Decisions'' under ``Quick Links,'' and locating the document under the service date of 10/16/2015. The Draft EA identifies the natural and man-made resources in the area of the proposed rail line and analyzes the potential impacts of the proposal on these resources. Based on the information provided from all sources to date and its independent analysis, OEA preliminarily concludes that construction of the proposed rail line would have no significant environmental impacts if the Board imposes and Applicants implement the recommended mitigation measures set forth in the Draft EA.
Notifications of Trails Act Agreement and Substitute Sponsorship
Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521 (PRA), and Office of Management and Budget (OMB) regulations at 5 CFR 1320.11, the Surface Transportation Board has obtained OMB approval of an extension of the information collectionNotifications of Trails Act Agreement and Substitute Sponsorship. This collection, which is codified at 49 CFR 1152.29, has been assigned OMB Control No. 2140-0017. Unless renewed, OMB approval expires on July 31, 2018. The display of a currently valid OMB control number for this collection is required by law. Under the PRA and 5 CFR 1320.8, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number.
Renewal of Rail Energy Transportation Advisory Committee
In accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C. app. 2 (FACA), notice is hereby given that the Surface Transportation Board (Board) intends to renew the charter of the Rail Energy Transportation Advisory Committee (RETAC).
Renewal of National Grain Car Council
In accordance with the Federal Advisory Committee Act, as amended, 5 U.S.C., app. 2 (FACA), notice is hereby given that the Surface Transportation Board intends to renew the charter of the National Grain Car Council (NGCC).
Quarterly Rail Cost Adjustment Factor
The Board approves the fourth quarter 2015 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2015 RCAF (Unadjusted) is 0.862. The fourth quarter 2015 RCAF (Adjusted) is 0.367. The fourth quarter 2015 RCAF-5 is 0.346.
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), 5 U.S.C. app. 2 Sec. 10(a)(2).
Accelerating Reporting Requirements for Class I Railroads
The Surface Transportation Board (Board or STB) proposes to revise its regulations to accelerate the filing deadlines for eight reports submitted by Class I railroads: Schedule 250 (required under the Annual Report Form R-1); Quarterly Condensed Balance Sheet Forms (CBS); Quarterly Revenue, Expenses, and Income Reports (RE&I); Quarterly and Annual Wage Forms A&B; Quarterly Reports of Fuel Cost, Consumption, and Surcharge Revenue; Quarterly and Annual Freight Commodity Statistics Report Forms (QCS); Annual Report of Cars Loaded and Terminated (Form STB-54); and Monthly Report of Number of Employees (Form C).
Accounting and Reporting of Business Combinations, Security Investments, Comprehensive Income, Derivative Instruments, and Hedging Activities
The Surface Transportation Board proposes to revise its regulations to update the accounting and reporting requirements under its Uniform System of Accounts (USOA) for Class I Railroads to be more consistent with current generally accepted accounting principles (GAAP) and revise the schedules and instructions for the Annual Report for Class I Railroads (R-1 or Form R-1) to better meet regulatory requirements and industry needs. The intent of the proposed revisions is to promote sound and uniform accounting and financial reporting for the types of transactions and events described herein.
Information Collection Activities: Statutory Licensing and Consolidation Authority
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of approval for the information collections required from those seeking licensing authority under 49 U.S.C. 10901-03 and consolidation authority under Sec. Sec. 11323-26. Under these Title 49 provisions, rail carriers and non-carriers are required to file an application with the Board, or seek an exemption (through petition or notice) from the full application process under Sec. 10502, before they may construct, acquire, or operate a line of railroad; abandon or discontinue operations over a line of railroad; or consolidate their interests through a merger or common-control arrangement. The relevant information collections are described in more detail below. Comments are requested concerning: The accuracy of the Board's burden estimates; ways to enhance the quality, utility, and clarity of the information collected; 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 whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.
Information Collection Activities: Statutory Authority To Preserve Rail Service
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of the information collections required under 49 U.S.C. 10904-05 and 10907, and 16 U.S.C. 1247(d). Under these statutory provisions, the Board administers programs designed to preserve railroad service or rail rights-of-way. When a line is proposed for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board: An offer of financial assistance (OFA) to subsidize or purchase a rail line for which a railroad is seeking abandonment (49 U.S.C. 10904), including a request for the Board to set terms and conditions of the financial assistance; a request for a public use condition (Sec. 10905); or a trail-use request (16 U.S.C. 1247(d)). Similarly, when a line is placed on a system diagram map identifying it as an anticipated or potential candidate for abandonment, affected shippers, communities, or other interested persons may seek to preserve rail service by filing with the Board a feeder line application to purchase the identified rail line (Sec. 10907). When a line is so placed on the map, the feeder line applicant need not demonstrate that the public convenience and necessity require or permit the sale of the line, but need only pay the constitutional minimum value to acquire it. Additionally, the railroad owning the rail line subject to abandonment must, in some circumstances, provide information to the applicant or offeror. The relevant information collections are described in more detail below. Comments are requested 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 the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.
Quarterly Rail Cost Adjustment Factor
The Board approves the third quarter 2015 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The third quarter 2015 RCAF (Unadjusted) is 0.829. The third quarter 2015 RCAF (Adjusted) is 0.354. The third quarter 2015 RCAF-5 is 0.334.
Senior Executive Service Performance Review Board (PRB) and Executive Resources Board (ERB) Membership
Effective immediately, the membership of the PRB and ERB is as follows:
2014 Tax Information for Use in the Revenue Shortfall Allocation Method
The Board is publishing, and providing the public an opportunity to comment on, the 2014 weighted average state tax rates for each Class I railroad, as calculated by the Association of American Railroads (AAR), for use in the Revenue Shortfall Allocation Method (RSAM).
Agency Information Collection Activities; Proposals, Submissions, and Approvals
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501- 3519 (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. Comments are requested concerning each collection as to (1) whether the particular collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board's burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) 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. Submitted comments will be included and/ or summarized in the Board's request for OMB approval.
On-Time Performance Under Section 213 of the Passenger Rail Investment and Improvement Act of 2008
The Surface Transportation Board (the Board) is commencing a proceeding to define ``on-time performance'' for purposes of Section 213 of the Passenger Rail Investment and Improvement Act of 2008.
Railroad Revenue Adequacy; Petition of the Western Coal Traffic League To Institute a Rulemaking Proceeding To Abolish the Use of the Multi-Stage Discounted Cash Flow Model in Determining the Railroad Industry's Cost of Equity Capital
The Surface Transportation Board (Board) will hold a public hearing on July 22-23, 2015, at its headquarters in Washington, DC, to further examine issues raised in Docket No. EP 722 related to railroad revenue adequacy, and issues raised in Docket No. EP 664 (Sub-No. 2) on how the Board calculates the railroad industry's cost of equity capital. These proceedings are not consolidated but are being addressed in the same decision for administrative convenience.
Rail Transportation of Grain, Rate Regulation Review
The Surface Transportation Board (Board) will hold a public hearing on June 10, 2015, at its offices in Washington, DC, to further examine issues related to the accessibility of rate complaint procedures for grain shippers.
Chicago Central & Pacific Railroad Company-Abandonment Exemption-in Pottawattamie County, Iowa, and Douglas County, NE
The Surface Transportation Board published a document in the Federal Register on February 11, 2015, which instituted an exemption proceeding pursuant to 49 U.S.C. 10502(b) for Chicago, Central & Pacific Railroad Company. The published document contained an incorrect milepost.
Notice and Request for Comments
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501- 3519 (PRA), the Surface Transportation Board (Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval of an extension of the information collectionNotifications of Trails Act Agreement and Substitute Sponsorshipfurther described below. The Board previously published a notice about this collection in the Federal Register (80 FR 11262, March 2, 2015). That notice allowed for a 60-day public review and comment period. No comments were received. Under 16 U.S.C. 1247(d) and the Board's regulations, the STB will issue a Certificate of Interim Trail Use (CITU) or Notice of Interim Trail Use (NITU) to a prospective trail sponsor who offers to assume managerial, tax, and legal responsibility for a right-of-way that a rail carrier would otherwise abandon. The CITU/NITU permits parties, for 180 days, to negotiate for a railbanking agreement. If parties reach an agreement, the CITU/NITU automatically authorizes railbanking/ interim trail use. If no agreement is reached, then upon expiration of the negotiation period, the CITU/NITU authorizes the railroad to exercise its option to fully abandon the line without further action by the Board. Pursuant to 49 CFR 1152.29, parties must jointly notify the Board when a trail use agreement has been reached, and must identify the exact location of the right-of-way subject to the agreement, including a map and milepost marker information. The rules also require parties to file a petition to modify or vacate the CITU/NITU if the trail use agreement applies to less of the right-of-way than covered by the CITU/ NITU. Finally, the rules require that a substitute trail sponsor must acknowledge that interim trail use is subject to restoration and reactivation at any time. 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 the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.
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