82 FR 18275 - Revisions to the Cost-of-Capital Composite Railroad Criteria

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 73 (April 18, 2017)

Page Range		18275-18276
FR Document		2017-07815

To better reflect the current marketplace, the Surface Transportation Board (Board) is proposing to update one of the screening criteria used to create the ``composite railroad'' for the Board's annual cost-of-capital determination. Specifically, the Board proposes that one of its screening criteria now require a company's stock to be listed on either the New York Stock Exchange (NYSE) or the Nasdaq Stock Market (NASDAQ), rather than be listed on either the NYSE or American Stock Exchange (AMEX), as the AMEX is no longer in existence.

Federal Register, Volume 82 Issue 73 (Tuesday, April 18, 2017)

[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Proposed Rules]
[Pages 18275-18276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07815]


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SURFACE TRANSPORTATION BOARD

49 CFR Chapter X

[Docket No. EP 664 (Sub-No. 3)]


Revisions to the Cost-of-Capital Composite Railroad Criteria

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: To better reflect the current marketplace, the Surface 
Transportation Board (Board) is proposing to update one of the 
screening criteria used to create the ``composite railroad'' for the 
Board's annual cost-of-capital determination. Specifically, the Board 
proposes that one of its screening criteria now require a company's 
stock to be listed on either the New York Stock Exchange (NYSE) or the 
Nasdaq Stock Market (NASDAQ), rather than be listed on either the NYSE 
or American Stock Exchange (AMEX), as the AMEX is no longer in 
existence.

DATES: Comments are due by May 18, 2017. Reply comments are due by June 
19, 2017.

ADDRESSES: Comments and replies may be submitted either via the Board's 
e-filing format or in the 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.gov. Any person submitting a filing in the traditional paper 
format should send an original and 10 copies to: Surface Transportation 
Board, Attn: Docket No. EP 664 (Sub-No. 3), 395 E Street SW., 
Washington, DC 20423-0001. Copies of written comments and replies will 
be available for viewing and self-copying at the Board's Public Docket 
Room, Room 131, and will be posted to the Board's Web site.

FOR FURTHER INFORMATION CONTACT: Amy C. Ziehm, (202) 245-0391. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: One of the Board's regulatory 
responsibilities is to determine annually the railroad industry's cost 
of capital. The cost-of-capital figure represents the Board's estimate 
of the average rate of return needed to persuade investors to provide 
capital to the freight rail industry. This figure is an essential 
component of many of the Board's core regulatory responsibilities.
    The Board calculates the cost of capital as the weighted average of 
the cost of debt and the cost of equity, with the weights determined by 
the railroad industry's capital structure (the fraction of capital from 
debt or equity on a market-value basis). See Methodology to be Employed 
in Determining R.R. Indus.'s Cost of Capital, EP 664, slip op. at 6 
(STB served Jan. 17, 2008). The Board determines the railroad 
industry's cost of capital for a ``composite railroad,'' which is based 
on data from a sample of railroads. Pursuant to Railroad Cost of 
Capital--1984, 1 I.C.C.2d 989 (1985), the sample includes all railroads 
that meet the following criteria:

--The company is a Class I line-haul railroad; \1\
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    \1\ For the definition of a Class I railroad, see fn. 4, infra.
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--If the Class I railroad is controlled by another company, the 
controlling company is primarily a railroad company and is not already 
included in the study frame; \2\
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    \2\ A company is considered to be primarily in the railroad 
business if at least 50% of its total assets are devoted to railroad 
operations. Railroad Cost of Capital--1984, 1 I.C.C.2d at 1003-04.
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--The company's bonds are rated at least BBB by Standard & Poor's and 
Baa by Moody's;
--The company's stock is listed on either the NYSE or the AMEX; and
--The company has paid dividends throughout the review year. 1 I.C.C.2d 
at 1003-04; see also R.R. Cost of Capital--2015, EP 558 (Sub-No. 19), 
slip op. at 3 (STB served Aug. 5, 2016).

Proposed Rule

    The Board proposes to revise the fourth screening criterion, which 
currently requires that a company's stock be listed on either the NYSE 
or the AMEX. The AMEX was acquired in October 2008 by NYSE Euronext, a 
now defunct Euro-American multinational financial services corporation 
that operated multiple securities exchanges. As a result, the Board's 
screening criteria used to determine the composite railroad should be 
updated to reflect the current marketplace. The Board therefore 
proposes that the fourth screening criterion be amended to remove the 
AMEX listing and instead require that a company's stock be listed on 
either the NYSE or the NASDAQ, the primary competitor to the NYSE.
    The NASDAQ is a robust and reputable stock exchange, and the Board 
believes that it is a suitable replacement for the AMEX in the cost-of-
capital determination. The NASDAQ is the world's second-largest stock 
exchange, behind only the NYSE, and the NYSE and NASDAQ combined 
account for the major portion of all equities trading in North America. 
When the Board's predecessor adopted the fourth screening criterion, it 
did so to ``insure the availability of stock price data.'' Railroad 
Cost of Capital--1984, 1 I.C.C.2d at 1004. By requiring applicable 
carriers to trade on either the NYSE or the NASDAQ, the Board would 
ensure the availability of stock price data for use in the Board's 
computation of the rail industry's cost of capital.\3\ Therefore, the 
Board seeks public comment on its proposal to require the listing of a 
company's stock on either the NYSE or the NASDAQ for a railroad to be 
included in the composite group to determine the industry's cost of 
capital.
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    \3\ For its 2015 cost of capital calculation, the Board waived 
its requirement that a company's stock be listed on either the NYSE 
or the AMEX, noting that CSX Corporation (CSX) transferred its stock 
exchange listing from the NYSE to the NASDAQ in 2015. R.R. Cost of 
Capital--2015, EP 558 (Sub-No. 19), slip op. at 2 n.5 (STB served 
Mar. 10, 2016).
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    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980

[[Page 18276]]

(RFA), 5 U.S.C. 601-612, generally requires a description and analysis 
of new rules that would have a significant economic impact on a 
substantial number of small entities. In drafting a rule, an agency is 
required to: (1) Assess the effect that its regulation will have on 
small entities; (2) analyze effective alternatives that may minimize a 
regulation's impact; and (3) make the analysis available for public 
comment. Sections 601-604. In its notice of proposed rulemaking, the 
agency must either include an initial regulatory flexibility analysis, 
section 603(a), or certify that the proposed rule would not have a 
``significant impact on a substantial number of small entities.'' 
Section 605(b).
    Because the goal of the RFA is to reduce the cost to small entities 
of complying with federal regulations, the RFA requires an agency to 
perform a regulatory flexibility analysis of small entity impacts only 
when a rule directly regulates those entities. In other words, the 
impact must be a direct impact on small entities ``whose conduct is 
circumscribed or mandated'' by the proposed rule. White Eagle Coop. 
Ass'n v. Conner, 553 F.3d 467, 478, 480 (7th Cir. 2009).
    This proposal will not have a significant economic impact upon a 
substantial number of small entities within the meaning of the RFA. A 
change in the listing requirement for inclusion in the composite 
railroad does not have a significant economic impact on the railroads 
included; likewise, whether or not a railroad is included in the 
composite group has no significant economic impact on that individual 
railroad. The proposed rule would therefore have no significant impact 
on small railroads (small entities).\4\
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    \4\ Effective June 30, 2016, for the purpose of RFA analysis for 
rail carriers subject to our jurisdiction, the Board defines a 
``small business'' as a rail carrier classified as a Class III rail 
carrier under 49 CFR 1201.1-1. See Small Entity Size Standards Under 
the Regulatory Flexibility Act, EP 719 (STB served June 30, 2016) 
(with Board Member Begeman dissenting). Class III carriers have 
annual carrier operating revenues of $20 million or less in 1991 
dollars, or $36,633,120 or less when adjusted for inflation using 
2015 data. Class II carriers have annual carrier operating revenues 
of less than $250 million but in excess of $20 million in 1991 
dollars, or $457,913,998 and $36,633,120 respectively, when adjusted 
for inflation using 2015 data. The Board calculates the revenue 
deflator factor annually and publishes the railroad revenue 
thresholds on its Web site. 49 CFR 1201.1-1.
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    Paperwork Reduction Act. The Board's proposal does not contain a 
new or amended information collection requirement subject to the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
    It is ordered:
    1. Comments are due by May 18, 2017. Reply comments are due by June 
19, 2017.
    2. A copy of this decision will be served upon the Chief Counsel 
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
    3. Notice of this decision will be published in the Federal 
Register.
    4. This decision is effective on its service date.

    Decided: April 12, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017-07815 Filed 4-17-17; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules 18275

• Does not provide EPA with the ADDRESSES: Comments and replies may —The company’s bonds are rated at
discretionary authority to address, as be submitted either via the Board’s e- least BBB by Standard & Poor’s and
appropriate, disproportionate human filing format or in the traditional paper Baa by Moody’s;
health or environmental effects, using format. Any person using e-filing should —The company’s stock is listed on
practicable and legally permissible attach a document and otherwise either the NYSE or the AMEX; and
methods, under Executive Order 12898 comply with the instructions at the E– —The company has paid dividends
(59 FR 7629, February 16, 1994). FILING link on the Board’s Web site, at throughout the review year. 1 I.C.C.2d
The SIP is not approved to apply on http://www.stb.gov. Any person at 1003–04; see also R.R. Cost of
any Indian reservation land as defined submitting a filing in the traditional Capital—2015, EP 558 (Sub-No. 19),
in 18 U.S.C. 1151 or in any other area paper format should send an original slip op. at 3 (STB served Aug. 5,
where EPA or an Indian tribe has and 10 copies to: Surface Transportation 2016).
demonstrated that a tribe has Board, Attn: Docket No. EP 664 (Sub- Proposed Rule
jurisdiction. In those areas of Indian No. 3), 395 E Street SW., Washington,
country, the rule, pertaining to DC 20423–0001. Copies of written The Board proposes to revise the
Virginia’s preconstruction permitting comments and replies will be available fourth screening criterion, which
requirements does not have tribal for viewing and self-copying at the currently requires that a company’s
implications and will not impose Board’s Public Docket Room, Room 131, stock be listed on either the NYSE or the
substantial direct costs on tribal and will be posted to the Board’s Web AMEX. The AMEX was acquired in
governments or preempt tribal law as site. October 2008 by NYSE Euronext, a now
specified by Executive Order 13175 (65 defunct Euro-American multinational
FOR FURTHER INFORMATION CONTACT:
FR 67249, November 9, 2000). financial services corporation that
Amy C. Ziehm, (202) 245–0391.
operated multiple securities exchanges.
List of Subjects in 40 CFR Part 52 Assistance for the hearing impaired is
As a result, the Board’s screening
Environmental protection, Air available through the Federal
criteria used to determine the composite
pollution control, Carbon monoxide, Information Relay Service (FIRS) at
railroad should be updated to reflect the
Incorporation by reference, (800) 877–8339.
current marketplace. The Board
Intergovernmental relations, Lead, SUPPLEMENTARY INFORMATION: One of the therefore proposes that the fourth
Nitrogen dioxide, Ozone, Particulate Board’s regulatory responsibilities is to screening criterion be amended to
matter, Reporting and recordkeeping determine annually the railroad remove the AMEX listing and instead
requirements, Sulfur oxides, Volatile industry’s cost of capital. The cost-of- require that a company’s stock be listed
organic compounds. capital figure represents the Board’s on either the NYSE or the NASDAQ, the
estimate of the average rate of return primary competitor to the NYSE.
Authority: 42 U.S.C. 7401 et seq.
needed to persuade investors to provide The NASDAQ is a robust and
Dated: March 21, 2017. capital to the freight rail industry. This reputable stock exchange, and the Board
Cecil Rodrigues, figure is an essential component of believes that it is a suitable replacement
Acting Regional Administrator, Region III. many of the Board’s core regulatory for the AMEX in the cost-of-capital
[FR Doc. 2017–07820 Filed 4–17–17; 8:45 am] responsibilities. determination. The NASDAQ is the
BILLING CODE 6560–50–P The Board calculates the cost of world’s second-largest stock exchange,
capital as the weighted average of the behind only the NYSE, and the NYSE
cost of debt and the cost of equity, with and NASDAQ combined account for the
SURFACE TRANSPORTATION BOARD the weights determined by the railroad major portion of all equities trading in
industry’s capital structure (the fraction North America. When the Board’s
49 CFR Chapter X of capital from debt or equity on a predecessor adopted the fourth
[Docket No. EP 664 (Sub-No. 3)] market-value basis). See Methodology to screening criterion, it did so to ‘‘insure
be Employed in Determining R.R. the availability of stock price data.’’
Revisions to the Cost-of-Capital Indus.’s Cost of Capital, EP 664, slip op. Railroad Cost of Capital—1984, 1
Composite Railroad Criteria at 6 (STB served Jan. 17, 2008). The I.C.C.2d at 1004. By requiring applicable
Board determines the railroad industry’s carriers to trade on either the NYSE or
AGENCY: Surface Transportation Board. cost of capital for a ‘‘composite the NASDAQ, the Board would ensure
ACTION: Notice of proposed rulemaking. railroad,’’ which is based on data from the availability of stock price data for
SUMMARY: To better reflect the current a sample of railroads. Pursuant to use in the Board’s computation of the
marketplace, the Surface Transportation Railroad Cost of Capital—1984, 1 rail industry’s cost of capital.3
Board (Board) is proposing to update I.C.C.2d 989 (1985), the sample includes Therefore, the Board seeks public
one of the screening criteria used to all railroads that meet the following comment on its proposal to require the
create the ‘‘composite railroad’’ for the criteria: listing of a company’s stock on either
Board’s annual cost-of-capital —The company is a Class I line-haul the NYSE or the NASDAQ for a railroad
determination. Specifically, the Board railroad; 1 to be included in the composite group
proposes that one of its screening —If the Class I railroad is controlled by to determine the industry’s cost of
criteria now require a company’s stock another company, the controlling capital.
to be listed on either the New York company is primarily a railroad Regulatory Flexibility Act. The
sradovich on DSK3GMQ082PROD with PROPOSALS2

Stock Exchange (NYSE) or the Nasdaq company and is not already included Regulatory Flexibility Act of 1980
Stock Market (NASDAQ), rather than be in the study frame; 2 3 For its 2015 cost of capital calculation, the
listed on either the NYSE or American Board waived its requirement that a company’s
Stock Exchange (AMEX), as the AMEX 1 For the definition of a Class I railroad, see fn.
stock be listed on either the NYSE or the AMEX,
is no longer in existence. 4, infra. noting that CSX Corporation (CSX) transferred its
2 A company is considered to be primarily in the stock exchange listing from the NYSE to the
DATES: Comments are due by May 18,
railroad business if at least 50% of its total assets NASDAQ in 2015. R.R. Cost of Capital—2015, EP
2017. Reply comments are due by June are devoted to railroad operations. Railroad Cost of 558 (Sub-No. 19), slip op. at 2 n.5 (STB served Mar.
19, 2017. Capital—1984, 1 I.C.C.2d at 1003–04. 10, 2016).

VerDate Sep<11>2014 15:58 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\18APP1.SGM 18APP1

$18276 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules (RFA), 5 U.S.C. 601–612, generally proposed rule. White Eagle Coop. Ass’n Paperwork Reduction Act. The requires a description and analysis of v. Conner, 553 F.3d 467, 478, 480 (7th Board’s proposal does not contain a new new rules that would have a significant Cir. 2009). or amended information collection economic impact on a substantial This proposal will not have a requirement subject to the Paperwork number of small entities. In drafting a significant economic impact upon a Reduction Act of 1995, 44 U.S.C. 3501– rule, an agency is required to: (1) Assess substantial number of small entities 3521. the effect that its regulation will have on within the meaning of the RFA. A It is ordered: small entities; (2) analyze effective change in the listing requirement for 1. Comments are due by May 18, alternatives that may minimize a inclusion in the composite railroad does 2017. Reply comments are due by June regulation’s impact; and (3) make the not have a significant economic impact 19, 2017. analysis available for public comment. on the railroads included; likewise, 2. A copy of this decision will be Sections 601–604. In its notice of whether or not a railroad is included in served upon the Chief Counsel for proposed rulemaking, the agency must the composite group has no significant Advocacy, Office of Advocacy, U.S. either include an initial regulatory economic impact on that individual Small Business Administration. flexibility analysis, section 603(a), or railroad. The proposed rule would 3. Notice of this decision will be certify that the proposed rule would not therefore have no significant impact on small railroads (small entities).4 published in the Federal Register. have a ‘‘significant impact on a 4. This decision is effective on its substantial number of small entities.’’ 4 Effective June 30, 2016, for the purpose of RFA service date. Section 605(b). analysis for rail carriers subject to our jurisdiction, Decided: April 12, 2017. Because the goal of the RFA is to the Board defines a ‘‘small business’’ as a rail carrier classified as a Class III rail carrier under 49 By the Board, Board Members Begeman, reduce the cost to small entities of CFR 1201.1–1. See Small Entity Size Standards Elliott, and Miller. complying with federal regulations, the Under the Regulatory Flexibility Act, EP 719 (STB Brendetta S. Jones, RFA requires an agency to perform a served June 30, 2016) (with Board Member Begeman dissenting). Class III carriers have annual Clearance Clerk. regulatory flexibility analysis of small carrier operating revenues of $20 million or less in [FR Doc. 2017–07815 Filed 4–17–17; 8:45 am] entity impacts only when a rule directly 1991 dollars, or $36,633,120 or less when adjusted BILLING CODE 4915–01–P regulates those entities. In other words, for inflation using 2015 data. Class II carriers have the impact must be a direct impact on annual carrier operating revenues of less than $250 million but in excess of $20 million in 1991 dollars, Board calculates the revenue deflator factor small entities ‘‘whose conduct is or $457,913,998 and $36,633,120 respectively, annually and publishes the railroad revenue circumscribed or mandated’’ by the when adjusted for inflation using 2015 data. The thresholds on its Web site. 49 CFR 1201.1–1. sradovich on DSK3GMQ082PROD with PROPOSALS2 VerDate Sep<11>2014 15:58 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 9990 E:\FR\FM\18APP1.SGM 18APP1$

Document Created: 2017-04-17 23:59:58
Document Modified: 2017-04-17 23:59:58

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments are due by May 18, 2017. Reply comments are due by June 19, 2017.
Contact		Amy C. Ziehm, (202) 245-0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877-8339.
FR Citation		82 FR 18275