Surface Transportation Board 2017 – Federal Register Recent Federal Regulation Documents

The Surface Transportation Board (STB or Board) is revising certain schedules in the Annual Report for Class I railroads (R-1 or Form R-1) and quarterly operating reports. These revisions are needed to correct certain accounting and reporting changes the Board enacted in 2016 and to better meet accounting and reporting requirements and industry needs.

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval for the collection of Demurrage Liability Disclosure Requirements.

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- 3521 (PRA), the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval of a new collection to implement a directive of the Fixing America's Surface Transportation Act of 2015, Public Law 114-94 (signed Dec. 4, 2015) (FAST Act). Title XI of the FAST Act, entitled ``Passenger Rail Reform and Investment Act of 2015,'' gives the Board jurisdiction to resolve cost allocation and access disputes between National Railroad Passenger Corporation (Amtrak), the states, and potential non-Amtrak operations of intercity passenger rail service. The FAST Act directs the Board to establish procedures for the resolution of these disputes, ``which may include the provision of professional mediation services.'' The Board adopted final rules to implement these procedures in Dispute Resolution Procedures Under the Fixing America's Surface Transportation Act of 2015, EP 734 (STB served Nov. 29, 2016). Due to a technical omission in the notice of proposed rulemaking in EP 734 under the PRA, the Board is seeking OMB approval for this collection separately in this notice. The Board previously published a notice about this collection in the Federal Register. 82 FR 1421 (Jan. 5, 2017). That notice allowed for a 60-day public review and comment period. No comments were received.

On March 8, 2017, Cavallo Bus Lines (Cavallo) and White Knight Limousine, Inc. (White Knight) (collectively, Applicants) filed an application for Cavallo to purchase certain assets (including motorcoaches and contracts) of White Knight used to provide certain motor carrier services. 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.

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- 3521 (PRA), the Surface Transportation Board (STB or Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval of an extension of the information collections required for (1) complaints filed under 49 U.S.C. 10701-10707, 11101-11103, 11701-11707 (rail), 14701-14707 (motor, water & intermediaries), and 15901-15906 (pipelines) and 49 CFR part 1111; (2) petitions for declaratory orders under 5 U.S.C. 554(e) and 49 U.S.C. 1321; and (3) catch-all petitions (for relief not otherwise specified) under 49 U.S.C. 1321 and 49 CFR part 1117. Under these statutory and regulatory sections, the Board provides procedures for persons to make a broad range of claims and to seek a broad range of remedies before the Board. The information collections relevant to these complaints and petitions are described separately below. The Board previously published a notice about this collection in the Federal Register. 81 FR 86061 (Nov. 29, 2016). That notice allowed for a 60-day public review and comment period. No comments were received.

The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2016. The decision solicits comments on the following issues: The railroads' 2016 current cost of debt capital; the railroads' 2016 current cost of preferred equity capital (if any); the railroads' 2016 cost of common equity capital; and the 2016 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in Railroad Cost of Capital2015, EP 558 (Sub-No. 19) (STB served Aug. 5, 2016).

In a decision served on February 14, 2017, the Surface Transportation Board tentatively adopted 1.020 (2.0% per year) as the measure of average change in railroad productivity for the 2011-2015 (five-year) averaging period. This value represents an increase of 0.6% from the average for the 2010-2014 period. Because of the unique circumstances of this year's productivity adjustment calculation, including the proposal of a linking factor to address a change in methodology in the calculation of an input to the productivity adjustment, the Board is making its productivity adjustment tentative to allow public comment on this approach. The Board will hold a technical conference with interested parties and Board staff.

On December 5, 2016, the Board published a final rule in this docket that established new regulations requiring all Class I railroads and the Chicago Transportation Coordination Office (CTCO), through its Class I members, to report certain service performance metrics on a weekly, semiannual, and occasional basis. The Board is staying the effective date of the final rule.

On October 20, 2016, the United States Department of Energy and the United States Department of Defense (the Government) and Norfolk Southern Railway Company (NSR) (collectively, Movants) filed a motion requesting approval of an agreement (NSR Settlement Agreement) that would settle these rate reasonableness disputes as between them only. The Board is adopting a procedural schedule for filing comments and replies addressing their proposed settlement agreement.