Surface Transportation Board 2019 – Federal Register Recent Federal Regulation Documents
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Quarterly Rail Cost Adjustment Factor
The Board has approved the first quarter 2020 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2020 RCAF (Unadjusted) is 1.043. The first quarter 2020 RCAF (Adjusted) is 0.440. The first quarter 2020 RCAF-5 is 0.414.
CCET, LLC d/b/a Cincinnati Eastern Railroad-Lease and Operation Exemption-Norfolk Southern Railway Company
Norfolk Southern Railway Company-Abandonment Exemption-in the City of Fort Wayne, Ind.
Winchester & Western Railroad Company-Abandonment Exemption-in Cumberland County, N.J.
Regulatory Agenda; Semiannual Regulatory Agenda
The Chairman of the Surface Transportation Board is publishing the Regulatory Flexibility Agenda for fall 2019.
New Orleans Public Belt Railroad Corporation-Lease and Operation Exemption-Line of Illinois Central Railroad Company
Seven County Infrastructure Coalition-Rail Construction & Operation-in Utah, Carbon, Duchesne, and Uintah Counties, Utah
The Seven County Infrastructure Coalition (Coalition) intends to seek Board approval to construct and operate an approximately 85- mile rail line between the Uinta Basin in northeastern Utah and an existing rail line near Kyune, Utah. On June 19, 2019, the Board's Office of Environmental Analysis (OEA) issued a Notice of Intent to Prepare an EIS and a Notice of Availability of the Draft Scope of Study (Draft Scope), pursuant to National Environmental Policy Act (NEPA). OEA requested comments on the Draft Scope from federal, state, and local agencies; tribes; other interested stakeholders; and the public during the public scoping period and held six public meetings in the project area. After review and consideration of all comments received, this notice sets forth the Final Scope of Study (Final Scope) of the EIS. The Final Scope reflects additions and changes to the Draft Scope as a result of comments received during the scoping comment period. The Final Scope also summarizes and addresses the principal environmental concerns raised by the comments on the Draft Scope and explains if and how these issues will be addressed in the EIS.
60-Day Notice of Intent To Seek Extension of Approval: System Diagram Maps
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of system diagram maps, described below.
60-Day Notice of Intent to Seek Extension of Approval: Rail Depreciation Studies
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Rail Depreciation Studies, described below.
60-Day Notice of Intent To Seek Extension of Approval: Arbitration “Opt-In” Notices
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Arbitration ``Opt-in'' Notices, described below.
60-Day Notice of Intent To Seek Extension of Approval: Information Collection Activities-Recordations (Rail and Water Carrier Liens), Water Carrier Tariffs, and Agricultural Contract Summaries
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection required by statute for rail or water carrier equipment liens (recordations), water carrier tariffs, and rail agricultural contract summaries, as described in more detail below.
Middletown & New Jersey Railroad, L.L.C.-Lease and Operation Exemption Containing Interchange Commitment-Norfolk Southern Railway Company
Alcoa Energy Services, Inc.-Abandonment Exemption-in Milam County, Tex.
Roster of Arbitrators-Annual Update
Davenport Industrial Railroad, LLC-Lease & Operation Exemption-City of Davenport, Iowa
Decatur & Eastern Illinois Railroad, L.L.C.-Acquisition and Change of Operator Exemption-NRG, Inc., and Eastern Illinois Railroad Company
Limiting Extensions of Trail Use Negotiating Periods; Rails-to-Trails Conservancy-Petition for Rulemaking
The Surface Transportation Board (Board or STB) is adopting a final rule amending its regulations related to the National Trails System Act to: (1) Provide that the initial term for Certificates or Notices of Interim Trail Use or Abandonment will be one year (instead of the current 180 days); (2) permit up to three one-year extensions of the initial period if the trail sponsor and the railroad agree; and (3) permit additional one-year extensions if the trail sponsor and the railroad agree and extraordinary circumstances are shown.
The Indiana Rail Road Company-Amended Trackage Rights Exemption-CSX Transportation, Inc.
Port of Moses Lake-Construction Exemption-Moses Lake, Wash.
Waybill Sample Reporting
The Surface Transportation Board (Board) proposes to amend its regulations with respect to the Waybill Sample data that railroads are required to submit to the Board. The proposed amendments to the Waybill Sample regulations would simplify the sampling rates of non-intermodal carload shipments and specify separate sampling strata and rates for intermodal shipments.
30-Day Notice of Intent To Seek Extension of Approval: Class I Railroad Annual Report
As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Class I Railroad Annual Reports, described below. The Board previously published a notice about this collection in the Federal Register on September 12, 2019. That notice allowed for a 60-day public review and comment period. No comments were received.
CSX Transportation, Inc.-Corporate Family Merger Exemption-The Home Avenue Rail-Road Company
Alabama & Tennessee River Railway, LLC-Abandonment Exemption-in Marshall County, Ala.
Union Pacific Railroad Company-Abandonment Exemption-in Sheboygan County, Wisconsin
Wisconsin Central Ltd.-Operation Exemption-Hallett Dock No. 5 in Duluth, Minn.
3i RR Holdings GP LLC, 3i Holdings Partnership L.P., 3i RR LLC, Regional Rail Holdings, LLC, and Regional Rail, LLC-Control Exemption-Florida Central Railroad Company, Inc., Florida Midland Railroad Company, Inc., and Florida Northern Railroad Company, Inc.
The Blacklands Railroad-Discontinuance of Service Exemption-in Hunt, Delta, Hopkins, Franklin and Titus Counties, Tex.
CSX Transportation, Inc.-Discontinuance of Service Exemption-in Suffolk County, Va.
Bessemer and Lake Erie Railroad Company-Acquisition and Operation-Certain Rail Lines of CSX Transportation, Inc. in Onondaga, Oswego, Jefferson, Saint Lawrence, and Franklin Counties, NY
The Surface Transportation Board (Board) is accepting for consideration the application filed on October 11, 2019, by Bessemer and Lake Erie Railroad Company (B&LE or Applicant).\1\ The application seeks Board approval for B&LE, an indirect wholly owned rail carrier subsidiary of Canadian National Railway Company (CNR), to acquire from CSX Transportation, Inc. (CSXT), and to operate approximately 236.3 miles of rail line in New York. This proposal is referred to as the Transaction.
Association of American Railroads-Petition for Rulemaking
The Surface Transportation Board (STB or Board) seeks information on whether and how particular cost-benefit analysis approaches might be more formally integrated into its rulemaking process.
Transportation Demand Management Holdings, LLC-Acquisition of Control-Badger Bus Transportation Group, Inc.
On October 9, 2019, Transportation Demand Management Holdings, LLC (Holdings), a noncarrier, filed an application for Holdings to acquire control of Badger Bus Transportation Group, Inc. (Badger Group), a noncarrier that controls, among other entities, an interstate and intrastate motor carrier, Badger Coaches, Inc. (Badger Coaches), from Badger Group's shareholders, David H. Meier, John R. Meier, and James A. Meier, and the various family trusts they control (collectively, Sellers). 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.
Release of Waybill Data
Release of Waybill Data
Brookfield Asset Management, Inc. and DJP XX, LLC-Control Exemption-Genesee & Wyoming Inc., et al.
Brookfield Asset Management, Inc. and DJP XX, LLC-Control Exemption-Genesee & Wyoming Inc., et al.
AAAHI Regional Acquisition LLC-Acquisition of Control-First Class Tours, Inc. and Sierra Stage Coaches, Inc.
On October 4, 2019, AAAHI Regional Acquisition LLC (ARA), a motor carrier, filed an application to acquire control of two interstate passenger motor carriers, First Class Tours, Inc. (First Class), and Sierra Stage Coaches, Inc. (Sierra), from their owners, Reta Jean (Jean) Rogers, Jeffrey Scott (Jeff) Rogers, and Gregory Bryan (Greg) Rogers (collectively, Sellers). 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.
Oakland Bulk & Oversize Terminal, LLC-Acquisition Exemption-Rail Line in Alameda County, Cal.
City of Oakland, Cal.-Acquisition Exemption-Former Oakland Army Base, Alameda County, Cal.
Oakland Global Rail Enterprise, LLC-Acquisition Exemption-Rail Line in Alameda County, Cal.
Perry County Railroad, LLC-Lease and Operation Exemption-Howling Coyote, LLC and Perry County Associates, LLC
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.
Union Pacific Railroad Company and Jackson County, Mo.-Abandonment Exemption-in Jackson County, Mo.
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:
Rio Grande Pacific Corporation-Control Exemption-Big Spring Rail System, Inc.
Methodology for Determining the Railroad Industry's Cost of Capital
The Board proposes to incorporate an additional model to complement its use of the Morningstar/Ibbotson Multi-Stage Discounted Cash Flow Model (MSDCF) and the Capital Asset Pricing Model (CAPM) in determining the cost-of-equity component of the cost of capital.
Norfolk Southern Railway Company-Temporary Trackage Rights Exemption-The Kansas City Southern Railway Company
Vermilion Valley Railroad Company-Lease and Operation Exemption-CSX Transportation, Inc.
Demurrage Billing Requirements
The Surface Transportation Board (STB or Board) proposes changes to the Board's regulations governing demurrage liability. Specifically, the Board proposes certain requirements regarding Class I carriers' demurrage invoices, as well as a requirement that a Class I carrier directly bill the shipper if the shipper and warehouseman agree to that arrangement and have so notified the rail carrier.
Exclusion of Demurrage Regulation From Certain Class Exemptions
The Surface Transportation Board (STB or Board) proposes to clarify its regulations governing exemptions for certain miscellaneous commodities and boxcar transportation so that those regulations unambiguously state that demurrage continues to be subject to Board regulation. The Board also proposes to revoke, in part, the exemption that currently covers certain agricultural commodities so that the exemption would not apply to the regulation of demurrage, thereby making the agricultural commodities exemption consistent with similar exemptions covering non-intermodal transportation.
Policy Statement on Demurrage and Accessorial Rules and Charges
The Surface Transportation Board (STB or Board) is issuing this proposed policy statement to provide the public with information on principles the Board would consider in evaluating the reasonableness of demurrage and accessorial rules and charges. The Board seeks public comment on this proposed policy statement, and may revise it, as appropriate, after consideration of the comments received.