80 FR 32433 - 2014 Tax Information for Use in the Revenue Shortfall Allocation Method
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 109 (June 8, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 109 (June 8, 2015)
| Page Range | 32433-32434 | |
| FR Document | 2015-13905 |
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)] [Notices] [Pages 32433-32434] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13905] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 682 (Sub-No. 6)] 2014 Tax Information for Use in the Revenue Shortfall Allocation Method AGENCY: Surface Transportation Board. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: 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). DATES: Comments are due by July 8, 2015. If any comment opposing AAR's calculation is filed, AAR's reply will be due by July 28, 2015. If no comments are filed by the due date, AAR's calculation of the 2014 weighted average state tax rates will be automatically adopted by the Board, effective July 9, 2015. ADDRESSES: Comments may be submitted either via the Board's e-filing format or in traditional paper format. Any person using e-filing should attach a document and otherwise comply with the instructions at the E- FILING link on the Board's Web site at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies referring to Docket No. EP 682 (Sub-No. 6) to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. [[Page 32434]] FOR FURTHER INFORMATION CONTACT: Jonathon Binet, (202) 245-0368. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339. SUPPLEMENTARY INFORMATION: The RSAM figure 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, EP 646 (Sub-No. 1) (STB served Sept. 5, 2007),\1\ as further revised in Simplified Standards for Rail Rate Cases--Taxes in Revenue Shortfall Allocation Method, EP 646 (Sub-No. 2) (STB served Nov. 21, 2008). RSAM is intended to measure the average markup that the railroad would need to collect from all of its ``potentially captive traffic'' (traffic with a revenue-to-variable-cost ratio above 180%) to earn adequate revenues as measured by the Board under 49 U.S.C. 10704(a)(2) (i.e., earn a return on investment equal to the railroad industry cost of capital). Simplified Standards--Taxes in RSAM, slip op. at 1. In Simplified Standards--Taxes in RSAM, slip op. at 3, 5, the Board modified its RSAM formula to account for taxes, as the prior formula mistakenly compared pre-tax and after-tax revenues. In that decision, the Board stated that it would institute a separate proceeding in which Class I railroads would be required to submit the annual tax information necessary for the Board's annual RSAM calculation. Id. at 5-6. --------------------------------------------------------------------------- \1\ Aff'd sub nom. CSX Transp., Inc. v. STB, 568 F.3d 236 (D.C. Cir. 2009), and vacated in part on reh'g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C. Cir. 2009). --------------------------------------------------------------------------- In Annual Submission of Tax Information for Use in the Revenue Shortfall Allocation Method, EP 682 (STB served Feb. 26, 2010), the Board adopted rules to require AAR--a national trade association--to annually calculate and submit to the Board the weighted average state tax rate for each Class I railroad. See 49 CFR 1135.2(a). On May 29, 2015, AAR filed its calculation of the weighted average state tax rates for 2014, listed below for each Class I railroad: Weighted Average State Tax Rates [In percent] ---------------------------------------------------------------------------------------------------------------- Railroad 2014 2013 % Change ---------------------------------------------------------------------------------------------------------------- BNSF Railway Company............................................ 5.478 5.510 -0.032 CSX Transportation, Inc......................................... 5.398 5.486 -0.088 Grand Trunk Corporation......................................... 8.058 8.066 -0.008 The Kansas City Southern Railway................................ 5.746 5.762 -0.016 Norfolk Southern Combined....................................... 5.713 5.821 -0.108 Soo Line Corporation............................................ 8.092 7.289 0.803 Union Pacific Railroad Company.................................. 5.885 5.929 -0.044 ---------------------------------------------------------------------------------------------------------------- Any party wishing to comment on AAR's calculation of the 2014 weighted average state tax rates should file a comment by July 8, 2015. See 49 CFR 1135.2(c). If any comments opposing AAR's calculations are filed, AAR's reply will be due by July 28, 2015. Id. If any comments are filed, the Board will review AAR's submission, together with the comments, and serve a decision within 60 days of the close of the record that either accepts, rejects, or modifies AAR's railroad- specific tax information. Id. If no comments are filed by July 8, 2015, AAR's submitted weighted average state tax rates will be automatically adopted by the Board, effective July 9, 2015. Id. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: June 3, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015-13905 Filed 6-5-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 32433
section, including areas with no movement of trains to operate beyond communications and comments
shoulders and a lack of turn lanes, as the 1,500 mile limit specified in section received into any of our dockets by the
well as inadequate roadway and 232.213 (a list of the proposed extended name of the individual submitting the
intersection capacity, lack of pedestrian/ haul trains is posted to the docket at comment (or signing the document, if
bicycle facilities and sharp curves. FRA–2015–0036–0001 in Appendix A submitted on behalf of an association,
These deficiencies contribute to to UPRR’s petition). UPRR states that business, labor union, etc.). In
roadway crash incidences along the the requested relief will ensure they accordance with 5 U.S.C. 553(c), DOT
Marksheffel Road corridor. The continue to meet customer and national solicits comments from the public to
proposed airport property is expectation for deliveries of coal, grain, better inform its processes. DOT posts
undeveloped and is not needed for intermodal and other commodities these comments, without edit, including
present or future aviation purposes. The while safely allowing for improved any personal information the
property will be sold at fair market fluidity with increased velocity. UPRR commenter provides, to
value and the sponsor will reinvest the notes that similar relief was granted to www.regulations.gov, as described in
revenue into the airport. The property BNSF Railway in docket number FRA– the system of records notice (DOT/ALL–
release conveyance will include 2006–24812. UPRR further states that its 14 FDMS), which can be reviewed at
appropriate continuing right of flight proposal will result in a moderate www.dot.gov/privacy. See also http://
and continuing restriction clauses that mileage increase of between 21 and 180 www.regulations.gov/#!privacyNotice
will prohibit any activity on the land additional miles beyond the present for the privacy notice of regulations.gov.
that would interfere with or be a hazard 1,500 mile limit, which would involve Issued in Washington, DC, on June 1, 2015.
to the flight of aircraft over the land or less than 2 percent of UPRR daily train
Ron Hynes,
to and from the airport, or that interferes originations.
A copy of the petition, as well as any Director of Technical Oversight.
with air navigation and communications
written communications concerning the [FR Doc. 2015–13848 Filed 6–5–15; 8:45 am]
facilities serving the airport.
Any person may inspect, by petition, is available for review online at BILLING CODE 4910–06–P
appointment, the request in person at www.regulations.gov and in person at
the FAA office listed above under FOR the Department of Transportation’s
Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION
FURTHER INFORMATION CONTACT.
In addition, any person may, upon Jersey Ave. SE., W12–140, Washington,
Surface Transportation Board
appointment and request, inspect the DC 20590. The Docket Operations
application, notice and other documents Facility is open from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal [Docket No. EP 682 (Sub-No. 6)]
germane to the application in person at
the Colorado Springs Airport. Holidays. 2014 Tax Information for Use in the
Interested parties are invited to
Issued in Denver, Colorado, on June 2, Revenue Shortfall Allocation Method
2015.
participate in these proceedings by
submitting written views, data, or AGENCY: Surface Transportation Board.
John P. Bauer,
comments. FRA does not anticipate ACTION: Notice.
Manager, Denver Airports District Office. scheduling a public hearing in
[FR Doc. 2015–13971 Filed 6–5–15; 8:45 am] connection with these proceedings since SUMMARY: The Board is publishing, and
BILLING CODE 4910–13–P the facts do not appear to warrant a providing the public an opportunity to
hearing. If any interested party desires comment on, the 2014 weighted average
an opportunity for oral comment, they state tax rates for each Class I railroad,
DEPARTMENT OF TRANSPORTATION should notify FRA, in writing, before as calculated by the Association of
Federal Railroad Administration the end of the comment period and American Railroads (AAR), for use in
specify the basis for their request. the Revenue Shortfall Allocation
[Docket Number FRA–2015–0036] All communications concerning these Method (RSAM).
proceedings should identify the DATES: Comments are due by July 8,
Petition for Waiver of Compliance appropriate docket number and may be 2015. If any comment opposing AAR’s
submitted by any of the following calculation is filed, AAR’s reply will be
In accordance with Part 211 of Title
methods: due by July 28, 2015. If no comments
49 of the Code of Federal Regulations • Web site: http://
(CFR), this provides the public notice are filed by the due date, AAR’s
www.regulations.gov. Follow the online calculation of the 2014 weighted
that by a document dated February 27, instructions for submitting comments.
2015, the Union Pacific Railroad average state tax rates will be
• Fax: 202–493–2251.
Company (UPRR) has petitioned the • Mail: Docket Operations Facility, automatically adopted by the Board,
Federal Railroad Administration (FRA) U.S. Department of Transportation, 1200 effective July 9, 2015.
for a waiver of compliance from certain New Jersey Avenue SE., W12–140, ADDRESSES: Comments may be
provisions of the Federal railroad safety Washington, DC 20590. submitted either via the Board’s e-filing
regulations contained at 49 CFR part • Hand Delivery: 1200 New Jersey format or in traditional paper format.
232—Brake System Safety Standards for Avenue SE., Room W12–140, Any person using e-filing should attach
Freight and Other Non-Passenger Trains Washington, DC 20590, between 9 a.m. a document and otherwise comply with
and Equipment. Specifically, UPRR and 5 p.m., Monday through Friday, the instructions at the E-FILING link on
mstockstill on DSK4VPTVN1PROD with NOTICES
requests to extend the mileage limits except Federal Holidays. the Board’s Web site at http://
specified for certain designated Communications received by July 23, www.stb.dot.gov. Any person submitting
extended haul trains. See 49 CFR 2015 will be considered by FRA before a filing in the traditional paper format
232.213—Extended haul trains. FRA final action is taken. Comments received should send an original and 10 copies
assigned the petition docket number after that date will be considered as far referring to Docket No. EP 682 (Sub-No.
FRA–2015–0036. as practicable. 6) to: Surface Transportation Board, 395
In its petition, UPRR requests relief Anyone is able to search the E Street SW., Washington, DC 20423–
allowing for the moderate extended electronic form of any written 0001.
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![32434 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
FOR FURTHER INFORMATION CONTACT: intended to measure the average markup would be required to submit the annual
Jonathon Binet, (202) 245–0368. that the railroad would need to collect tax information necessary for the
Assistance for the hearing impaired is from all of its ‘‘potentially captive Board’s annual RSAM calculation. Id. at
available through the Federal traffic’’ (traffic with a revenue-to- 5–6.
Information Relay Service (FIRS) at variable-cost ratio above 180%) to earn
In Annual Submission of Tax
(800) 877–8339. adequate revenues as measured by the
Information for Use in the Revenue
Board under 49 U.S.C. 10704(a)(2) (i.e.,
SUPPLEMENTARY INFORMATION: The earn a return on investment equal to the Shortfall Allocation Method, EP 682
RSAM figure is one of three benchmarks railroad industry cost of capital). (STB served Feb. 26, 2010), the Board
that together are used to determine the Simplified Standards—Taxes in RSAM, adopted rules to require AAR—a
reasonableness of a challenged rate slip op. at 1. In Simplified Standards— national trade association—to annually
under the Board’s Simplified Standards Taxes in RSAM, slip op. at 3, 5, the calculate and submit to the Board the
for Rail Rate Cases, EP 646 (Sub-No. 1) Board modified its RSAM formula to weighted average state tax rate for each
(STB served Sept. 5, 2007),1 as further account for taxes, as the prior formula Class I railroad. See 49 CFR 1135.2(a).
revised in Simplified Standards for Rail mistakenly compared pre-tax and after- On May 29, 2015, AAR filed its
Rate Cases—Taxes in Revenue Shortfall tax revenues. In that decision, the Board calculation of the weighted average state
Allocation Method, EP 646 (Sub-No. 2) stated that it would institute a separate tax rates for 2014, listed below for each
(STB served Nov. 21, 2008). RSAM is proceeding in which Class I railroads Class I railroad:
WEIGHTED AVERAGE STATE TAX RATES
[In percent]
Railroad 2014 2013 % Change
BNSF Railway Company ............................................................................................................. 5.478 5.510 ¥0.032
CSX Transportation, Inc .............................................................................................................. 5.398 5.486 ¥0.088
Grand Trunk Corporation ............................................................................................................. 8.058 8.066 ¥0.008
The Kansas City Southern Railway ............................................................................................. 5.746 5.762 ¥0.016
Norfolk Southern Combined ........................................................................................................ 5.713 5.821 ¥0.108
Soo Line Corporation ................................................................................................................... 8.092 7.289 0.803
Union Pacific Railroad Company ................................................................................................. 5.885 5.929 ¥0.044
Any party wishing to comment on DEPARTMENT OF THE TREASURY Sharp, 200 Third Street A4–A,
AAR’s calculation of the 2014 weighted Parkersburg, WV 26106–1328, or
average state tax rates should file a Bureau of the Fiscal Service bruce.sharp@fiscal.treasury.gov.
comment by July 8, 2015. See 49 CFR FOR FURTHER INFORMATION CONTACT:
Proposed Collection of Information:
1135.2(c). If any comments opposing Requests for additional information or
Disposition of Treasury Securities
AAR’s calculations are filed, AAR’s copies of the form(s) and instructions
Belonging to a Decedent’s Estate
reply will be due by July 28, 2015. Id. should be directed to Ron Lewis; 200
Being Settled Without Administration
If any comments are filed, the Board Third Street Room 515, Parkersburg,
will review AAR’s submission, together Notice and request for
ACTION: WV 26106–1328, or ron.lewis@
with the comments, and serve a comments. fiscal.treasury.gov.
decision within 60 days of the close of SUPPLEMENTARY INFORMATION:
the record that either accepts, rejects, or SUMMARY: The Department of the Titles: Disposition of Treasury
modifies AAR’s railroad-specific tax Treasury, as part of its continuing effort Securities Belonging To A Decedent’s
to reduce paperwork and respondent Estate Being Settled Without
information. Id. If no comments are filed
burden, invites the general public and Administration.
by July 8, 2015, AAR’s submitted
other Federal agencies to take this OMB Number: 1530–0055 (Previously
weighted average state tax rates will be
opportunity to comment on a proposed approved as 1535–0118 as a collection
automatically adopted by the Board, and/or continuing information
effective July 9, 2015. Id. conducted by Department of the
collection, as required by the Paperwork Treasury/Bureau of the Public Debt.)
This action will not significantly Reduction Act of 1995, Public Law 104– Transfer of OMB Control Number: The
affect either the quality of the human 13 (44 U.S.C. 3506(c)(2)(A). Currently Bureau of Public Debt (BPD) and the
environment or the conservation of the Bureau of the Fiscal Service within Financial Management Service (FMS)
energy resources. the Department of the Treasury is have consolidated to become the Bureau
Decided: June 3, 2015.
soliciting comments concerning the of the Fiscal Service (Fiscal Service).
‘‘Disposition of Treasury Securities Information collection requests
By the Board, Rachel D. Campbell, Belonging To A Decedent’s Estate Being
Director, Office of Proceedings. previously held separately by BPD and
Settled Without Administration.’’ FMS will now be identified by a 1530
Brendetta S. Jones, DATES: Written comments should be prefix, designating Fiscal Service.
mstockstill on DSK4VPTVN1PROD with NOTICES
Clearance Clerk. received on or before August 7, 2015 to Form Number: FS Form 5336.
[FR Doc. 2015–13905 Filed 6–5–15; 8:45 am] be assured of consideration. Abstract: The information is collected
BILLING CODE 4915–01–P ADDRESSES: Direct all written comments from a voluntary representative of a
and requests for further information to decedent’s estate to support a request
Bureau of the Fiscal Service, Bruce A. for disposition of United States Treasury
1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568 reh’g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C.
F.3d 236 (D.C. Cir. 2009), and vacated in part on Cir. 2009).
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Document Created: 2018-02-22 10:12:23
Document Modified: 2018-02-22 10:12:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments are due by July 8, 2015. If any comment opposing AAR's calculation is filed, AAR's reply will be due by July 28, 2015. If no comments are filed by the due date, AAR's calculation of the 2014 weighted average state tax rates will be automatically adopted by the Board, effective July 9, 2015. | |
| Contact | Jonathon Binet, (202) 245-0368. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339. | |
| FR Citation | 80 FR 32433 |
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