81 FR 36376 - 2015 Tax Information for Use in the Revenue Shortfall Allocation Method
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 108 (June 6, 2016)
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36376-36377 | |
| FR Document | 2016-13268 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Notices] [Pages 36376-36377] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13268] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. EP 682 (Sub-No. 7)] 2015 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 2015 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 6, 2016. If any comment opposing AAR's calculation is filed, AAR's reply will be due by July 26, 2016. If no comments are filed by the due date, AAR's calculation of the 2015 weighted average state tax rates will be automatically adopted by the Board, effective July 7, 2016. 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. 7) to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe, (202) 245-0376. 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 [[Page 36377]] 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 27, 2016, AAR filed its calculation of the weighted average state tax rates for 2015, listed below for each Class I railroad: Weighted Average State Tax Rates [In percent] ---------------------------------------------------------------------------------------------------------------- Railroad 2015 2014 % Change ---------------------------------------------------------------------------------------------------------------- BNSF Railway Company............................................ 5.271 5.478 -0.207 CSX Transportation, Inc......................................... 5.247 5.398 -0.151 Grand Trunk Corporation......................................... 7.767 8.058 -0.291 The Kansas City Southern Railway................................ 5.430 5.746 -0.316 Norfolk Southern Combined....................................... 5.501 5.713 -0.212 Soo Line Corporation............................................ 8.083 8.092 -0.009 Union Pacific Railroad Company.................................. 5.655 5.885 -0.230 ---------------------------------------------------------------------------------------------------------------- Any party wishing to comment on AAR's calculation of the 2015 weighted average state tax rates should file a comment by July 6, 2016. See 49 CFR. 1135.2(c). If any comments opposing AAR's calculations are filed, AAR's reply will be due by July 26, 2016. 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 6, 2016, AAR's submitted weighted average state tax rates will be automatically adopted by the Board, effective July 7, 2016. Id. Decided: June 1, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2016-13268 Filed 6-3-16; 8:45 am] BILLING CODE 4915-01-P
![36376 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
Cir, P.O. Box 1227, Sterling, VA 20166– passport to the applicant. Form DS– American Railroads (AAR), for use in
1227, or at PPTFormsOfficer@state.gov. 5504 requests information needed to the Revenue Shortfall Allocation
SUPPLEMENTARY INFORMATION: determine whether the applicant is Method (RSAM).
• Title of Information Collection: eligible to receive this service in DATES: Comments are due by July 6,
Application for a U.S. Passport: accordance with the requirements of 2016. If any comment opposing AAR’s
Correction, Name Change Within 1 Year Title III of the Immigration and calculation is filed, AAR’s reply will be
of Passport Issuance, And Limited Nationality Act (INA) (U.S.C. 1402– due by July 26, 2016. If no comments
Passport Holders. 1504), the regulations at 22 CFR parts 50 are filed by the due date, AAR’s
• OMB Control Number: 1405–0160. and 51, and other applicable treaties calculation of the 2015 weighted
• Type of Request: Revision of a and laws. average state tax rates will be
Currently Approved Collection. automatically adopted by the Board,
Methodology
• Originating Office: Bureau of effective July 7, 2016.
Consular Affairs, Passport Services, Passport applicants can either ADDRESSES: Comments may be
Office of Legal Affairs and Law download the DS–5504 from the submitted either via the Board’s e-filing
Enforcement Liaison (CA/PPT/S/L). internet or obtain one from an format or in traditional paper format.
• Form Number: DS–5504. Acceptance Facility/Passport Agency. Any person using e-filing should attach
• Respondents: Individuals or The form must be completed, signed, a document and otherwise comply with
Households. and submitted along with the the instructions at the E–FILING link on
• Estimated Number of Respondents: applicant’s valid U.S. passport and the Board’s Web site at http://
136,833. supporting documents for corrective
• Estimated Number of Responses: www.stb.dot.gov. Any person submitting
action. a filing in the traditional paper format
136,833.
• Average Time per Response: 40 Additional Information should send an original and 10 copies
minutes per response. referring to Docket No. EP 682 (Sub-No.
The Privacy Act statement has been
• Total Estimated Burden Time: 7) to: Surface Transportation Board, 395
amended to clarify that an applicant’s
91,222 hours per year. E Street SW., Washington, DC 20423–
failure to provide his or her Social
• Frequency: On occasion. 0001.
Security number may result in the
• Obligation to Respond: Required to denial of an application, consistent with FOR FURTHER INFORMATION CONTACT:
Obtain or Retain a Benefit. Section 32101 of the Fixing America’s Nathaniel Bawcombe, (202) 245–0376.
We are soliciting public comments to Surface Transportation Act (Pub. L. Assistance for the hearing impaired is
permit the Department to: 114–94) which authorizes the available through the Federal
• Evaluate whether the proposed Department to deny U.S. passport Information Relay Service (FIRS) at
information collection is necessary for applications when the applicant failed (800) 877–8339.
the proper functions of the Department. to include his or her Social Security SUPPLEMENTARY INFORMATION: The
• Evaluate the accuracy of our number. It also makes clear that failure RSAM figure is one of three benchmarks
estimate of the time and cost burden for to include one’s Social Security number that together are used to determine the
this proposed collection, including the may also subject the applicant to a reasonableness of a challenged rate
validity of the methodology and penalty enforced by the International under the Board’s Simplified Standards
assumptions used. Revenue Service. These requirements for Rail Rate Cases, EP 646 (Sub-No. 1)
• Enhance the quality, utility, and and the underlying legal authorities are (STB served Sept. 5, 2007),1 as further
clarity of the information to be further described on page 3 of the revised in Simplified Standards for Rail
collected. instructions titled ‘‘Federal Tax Law’’ Rate Cases–Taxes in Revenue Shortfall
• Minimize the reporting burden on which has also been amended to Allocation Method, EP 646 (Sub-No. 2)
those who are to respond, including the include a reference to Public Law 114– (STB served Nov. 21, 2008). RSAM is
use of automated collection techniques 94. intended to measure the average markup
or other forms of information
Dated: May 24, 2016. that the railroad would need to collect
technology.
Brenda S. Sprague, from all of its ‘‘potentially captive
Please note that comments submitted
traffic’’ (traffic with a revenue-to-
in response to this Notice are public Deputy Assistant Secretary for Passport
Services, Bureau of Consular Affairs, variable-cost ratio above 180%) to earn
record. Before including any detailed
Department of State. adequate revenues as measured by the
personal information, you should be
Board under 49 U.S.C. 10704(a)(2) (i.e.,
aware that your comments as submitted, [FR Doc. 2016–13347 Filed 6–3–16; 8:45 am]
earn a return on investment equal to the
including your personal information, BILLING CODE 4710–06–P
railroad industry cost of capital).
will be available for public review.
Simplified Standards–Taxes in RSAM,
Abstract of Proposed Collection slip op. at 1. In Simplified Standards–
SURFACE TRANSPORTATION BOARD Taxes in RSAM, slip op. at 3, 5, the
Under 22 United States Code (U.S.C.)
Section 211a et seq. and Executive [Docket No. EP 682 (Sub-No. 7)] Board modified its RSAM formula to
Order 11295 (August 5, 1966), the account for taxes, as the prior formula
2015 Tax Information for Use in the mistakenly compared pre-tax and after-
Secretary of State issues U.S. passports
Revenue Shortfall Allocation Method tax revenues. In that decision, the Board
to U.S. citizens and non-citizen
nationals. When the bearer of a valid AGENCY: Surface Transportation Board. stated that it would institute a separate
sradovich on DSK3TPTVN1PROD with NOTICES
U.S. passport applies for a new passport proceeding in which Class I railroads
ACTION: Notice. would be required to submit the annual
with corrected personal data or when
the bearer of a limited validity passport SUMMARY: The Board is publishing, and tax information necessary for the
applies for a fully-valid replacement providing the public an opportunity to 1 Aff’d sub nom. CSX Transp., Inc. v. STB, 568
passport, the Department must confirm comment on, the 2015 weighted average F.3d 236 (D.C. Cir. 2009), and vacated in part on
the applicant’s identity and eligibility state tax rates for each Class I railroad, reh’g, CSX Transp., Inc. v. STB, 584 F.3d 1076 (D.C.
before the Department can issue the new as calculated by the Association of Cir. 2009).
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![Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices 36377
Board’s annual RSAM calculation. Id. at (STB served Feb. 26, 2010), the Board Class I railroad. See 49 CFR 1135.2(a).
5–6. adopted rules to require AAR—a On May 27, 2016, AAR filed its
In Annual Submission of Tax national trade association—to annually calculation of the weighted average state
Information for Use in the Revenue calculate and submit to the Board the tax rates for 2015, listed below for each
Shortfall Allocation Method, EP 682 weighted average state tax rate for each Class I railroad:
WEIGHTED AVERAGE STATE TAX RATES
[In percent]
Railroad 2015 2014 % Change
BNSF Railway Company ............................................................................................................. 5.271 5.478 ¥0.207
CSX Transportation, Inc. ............................................................................................................. 5.247 5.398 ¥0.151
Grand Trunk Corporation ............................................................................................................. 7.767 8.058 ¥0.291
The Kansas City Southern Railway ............................................................................................. 5.430 5.746 ¥0.316
Norfolk Southern Combined ........................................................................................................ 5.501 5.713 ¥0.212
Soo Line Corporation ................................................................................................................... 8.083 8.092 ¥0.009
Union Pacific Railroad Company ................................................................................................. 5.655 5.885 ¥0.230
Any party wishing to comment on 1320.8(d)(1). This correction adds Ankeny Regional Airport, Ankeny,
AAR’s calculation of the 2015 weighted additional contact information. Iowa.
average state tax rates should file a FOR FURTHER INFORMATION CONTACT:
comment by July 6, 2016. See 49 CFR. SUMMARY: The FAA proposes to rule and
Christopher A. Marsalis, (865) 632–2467 invites public comment on the release of
1135.2(c). If any comments opposing or by email at camarsalis@tva.gov.
AAR’s calculations are filed, AAR’s land at the Ankeny Regional Airport,
reply will be due by July 26, 2016. Id. Correction Ankeny, Iowa, under the provisions of
If any comments are filed, the Board 49 U.S.C. 47107(h)(2).
In the Federal Register of May 26, DATES: Comments must be received on
will review AAR’s submission, together 2016, in FR Doc. 2016–12401, on page
with the comments, and serve a or before July 6, 2016.
33577, in the first column, correct the
decision within 60 days of the close of ADDRESSES: Comments on this
‘‘Addresses’’ caption to read:
the record that either accepts, rejects, or application may be mailed or delivered
ADDRESSES: Requests for information, to the FAA at the following address:
modifies AAR’s railroad-specific tax
including copies of the information Lynn D. Martin, Airports Compliance
information. Id. If no comments are filed collection proposed and supporting
by July 6, 2016, AAR’s submitted Specialist, Federal Aviation
documentation, should be directed to the
weighted average state tax rates will be Senior Privacy Program Manager:
Administration, Airports Division,
automatically adopted by the Board, Christopher A. Marsalis, Tennessee Valley ACE–610C, 901 Locust Room 364,
effective July 7, 2016. Id. Authority, 400 W. Summit Hill Dr. (WT 5D), Kansas City, MO 64106.
Knoxville, Tennessee 37902–1401; telephone In addition, one copy of any
Decided: June 1, 2016.
(865) 632–2467 or by email at camarsalis@ comments submitted to the FAA must
By the Board, Rachel D. Campbell, Director, tva.gov; or to Joy L. Lloyd, Tennessee Valley be mailed or delivered to: Polk County
Office of Proceedings. Authority, 400 W. Summit Hill Dr. (WT 5A), Aviation Authority, Jeff Wangsness,
Raina S. Contee, Knoxville, Tennessee 37902–1401; telephone President, C/O Brick Gentry P.C. 6701
Clearance Clerk. (865) 632–8370 or by email at jllloyd@ Westown Parkway Suite 100, West Des
tva.gov; or to the Agency Clearance Officer:
[FR Doc. 2016–13268 Filed 6–3–16; 8:45 am] Moines, IA 50266, 515–274–1450.
Philip D. Propes, Tennessee Valley
BILLING CODE 4915–01–P
Authority, 1101 Market Street (MP 2C), FOR FURTHER INFORMATION CONTACT:
Chattanooga, Tennessee 37402–2801; Lynn D. Martin, Airports Compliance
telephone (423) 751–8593 or email at Specialist, Federal Aviation
pdpropes@tva.gov. Administration, Airports Division,
TENNESSEE VALLEY AUTHORITY ACE–610C, 901 Locust Room 364,
Dated: May 26, 2016.
Philip D. Propes, Kansas City, MO 64106, (816) 329–2644,
Agency Information Collection
lynn.martin@faa.gov.
Activities: Proposed Collection; Director, Enterprise Information Security and
The request to release property may
Comment Request; Correction Policy.
be reviewed, by appointment, in person
[FR Doc. 2016–13214 Filed 6–3–16; 8:45 am]
AGENCY: Tennessee Valley Authority. at this same location.
BILLING CODE 8120–08–P
ACTION: Notice; correction. SUPPLEMENTARY INFORMATION: The FAA
invites public comment on the request
SUMMARY: The Tennessee Valley to release approximately 10.42 acres of
Authority published a document in the DEPARTMENT OF TRANSPORTATION airport property at the Ankeny Regional
Federal Register of May 26, 2016, Airport (IKV) under the provisions of 49
concerning a proposed information Federal Aviation Administration U.S.C. 47107(h)(2). On March 16, 2016,
collection that will be submitted to the the Airport Authority at the Ankeny
sradovich on DSK3TPTVN1PROD with NOTICES
Office of Management and Budget Notice of Request To Release Airport Regional Airport requested from the
(OMB) for review, as required by the Property FAA that approximately 10.42 acres of
Paperwork Reduction Act of 1995 (44 property be released for sale to Mr. and
U.S.C. chapter 35, as amended). The AGENCY: Federal Aviation Mrs. Darryl Bresson for use as an
Tennessee Valley Authority is soliciting Administration (FAA), DOT. agriculture operation with future
public comments on this proposed ACTION: Notice of intent to rule on business prospects. On March 16, 2016,
collection as provided by 5 CFR request to release airport property at the the FAA determined that the request to
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Document Created: 2016-06-04 00:16:39
Document Modified: 2016-06-04 00:16:39
| 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 6, 2016. If any comment opposing AAR's calculation is filed, AAR's reply will be due by July 26, 2016. If no comments are filed by the due date, AAR's calculation of the 2015 weighted average state tax rates will be automatically adopted by the Board, effective July 7, 2016. | |
| Contact | Nathaniel Bawcombe, (202) 245-0376. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339. | |
| FR Citation | 81 FR 36376 |
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