Surface Transportation Board – Federal Register Recent Federal Regulation Documents
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Celerity Partners IV, LLC, Celerity AHI Holdings SPV, LLC, and All Aboard America! Holdings, Inc.-Control-Sureride Charter Inc. d/b/a Sundiego Charter Company
All Aboard America! Holdings, Inc. (AHI), Celerity AHI Holdings SPV, LLC (Celerity Holdings), and Celerity Partners IV, LLC (Celerity Partners) (collectively, Applicants) have filed an application under 49 U.S.C. 14303 for their acquisition of control of Sureride Charter, Inc. d/b/a Sundiego Charter Company (Sundiego). 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.\1\
Notice of Rail Energy Transportation Advisory Committee Vacancy
The Surface Transportation Board (Board) hereby gives notice of one vacancy on its Rail Energy Transportation Advisory Committee (RETAC) for a representative of an electric utility. The Board is soliciting suggestions from the public for a candidate to fill this vacancy.
New Filing Deadlines for Material Due To Be Submitted During the Federal Government Shutdown
The Board provides notice that any material due to be submitted to the Board during the Federal government shutdown will now be due no later than October 24, 2013. Further, submissions that arrived by mail during the shutdown will be considered received on October 17, 2013.
Railroad Revenue Adequacy-2012 Determination
On October 17, 2013, the Board served a decision announcing the 2012 revenue adequacy determinations for the Nation's Class I railroads. Two carriers, Norfolk Southern Combined Railroad Subsidiaries and Union Pacific Railroad Company, were found to be revenue adequate.
Grenada Railway, LLC-Rail Line in Grenada, Montgomery, Carroll, Holmes, Yazoo and Madison Counties, Miss.
Staff members of the Surface Transportation Board will hold a public meeting concerning the rail line embargo at issue in the above- titled docket. The purpose of the meeting is to allow interested persons to comment on the effects of the embargo.
Quarterly Rail Cost Adjustment Factor
The Board has approved the fourth quarter 2013 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2013 RCAF (Unadjusted) is 0.975. The fourth quarter 2013 RCAF (Adjusted) is 0.423. The fourth quarter 2012 RCAF-5 is 0.399.
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).
Information Required in Notices and Petitions Containing Interchange Commitments
On November 1, 2012, the Board issued a Notice of Proposed Rulemaking (NPR) proposing rules that would establish additional disclosure requirements for notices and petitions for exemption where the underlying lease or line sale includes an interchange commitment. Based on the comments received and further evaluation, the Board now adopts as final the proposed rules, with modifications that reduce the amount of information required to be submitted. The final rules are set forth below.
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 10(a)(2).
Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2013 Update
The Board updates for 2013 the fees that the public must pay to file certain cases and pleadings with the Board. The update will increase 28 fees by $100 or less, increase 47 fees by more than $100, and keep the remaining 50 fees at their existing level.
United States Department of Energy and United States Department of Defense v. Baltimore & Ohio Railroad Company, et al.; and United States Department of Energy and United States Department of Defense v. Aberdeen & Rockfish Railroad Company, et al.
The Surface Transportation Board (Board) has approved the settlement agreement (Agreement) negotiated by the United States Departments of Energy and Defense (the Government) on the one hand and BNSF Railway Company (BNSF) on the other hand; prescribed the Agreement's rate and rate update methodology and revenue-to-variable cost (R/VC) ratios as the maximum reasonable rates; and continued to hold these proceedings in abeyance as to the remaining railroad defendants to permit continued settlement negotiations.
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, 5 U.S.C. app. 2 10(a)(2).
Reporting Requirements for Positive Train Control Expenses and Investments
The Surface Transportation Board (Board) is amending its rules to require rail carriers that submit to the Board R-1 reports that identify information on capital and operating expenditures for Positive Train Control (PTC) to separately report those expenses so that they can be viewed both as component parts of, as well as separately from, other capital investments and expenses. PTC is an automated system designed to prevent train-to-train collisions and other accidents. Rail carriers with traffic routes that carry passengers and/or hazardous toxic-by-inhalation (TIH) or poisonous-by-inhalation (PIH) materials, as so designated under federal law, must implement PTC according to federal legislation. Pursuant to the notice of proposed rulemaking published in the Federal Register on October 13, 2011, we are adopting supplemental schedules to the R-1 to require financial disclosure with respect to PTC to help inform the Board and the public about the specific costs attributable to PTC implementation.
Petition for Rulemaking To Adopt Revised Competitive Switching Rules
The Surface Transportation Board (the Board) will hold a public hearing to explore further the issues surrounding the petition by The National Industrial Transportation League (NITL) and the related comments filed in this proceeding.
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