82 FR 25903 - 2016 Tax Information for use In the Revenue Shortfall Allocation Method

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range		25903-25904
FR Document		2017-11565

The Board is publishing, and providing the public an opportunity to comment on, the 2016 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).

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25903-25904]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11565]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 682 (Sub-No. 8)]


2016 Tax Information for use In the Revenue Shortfall Allocation 
Method

AGENCY: Surface Transportation Board.

ACTION: Notice.

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SUMMARY: The Board is publishing, and providing the public an 
opportunity to comment on, the 2016 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 5, 2017. If any comment opposing AAR's 
calculation is filed, AAR's reply will be due by July 25, 2017. If no 
comments are filed by the due date, AAR's calculation of the 2016 
weighted average state tax rates will be automatically adopted by the 
Board, effective July 6, 2017.

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.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. 8) to: 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001.

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), slip op. at 10 (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.
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    \1\ Aff'd sub nom. CSX Transp., Inc. v. STB, 568 F.3d 236 (D.C. 
Cir. 2009), vacated in part on reh'g, CSX Transp., Inc. v. STB, 584 
F.3d 1076 (D.C. Cir. 2009).
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    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 25, 
2017, AAR filed its calculation of the weighted average state tax rates 
for 2016, listed below for each Class I railroad:

                                        Weighted Average State Tax Rates
                                                  [In percent]
----------------------------------------------------------------------------------------------------------------
                            Railroad                                   2016            2015          % Change
----------------------------------------------------------------------------------------------------------------
BNSF Railway Company............................................           5.288           5.271           0.017
CSX Transportation, Inc.........................................           5.160           5.247          -0.087
Grand Trunk Corporation.........................................           7.761           7.767          -0.006
The Kansas City Southern Railway................................           5.447           5.430           0.017
Norfolk Southern Combined.......................................           5.410           5.501          -0.091
Soo Line Corporation............................................           8.071           8.083          -0.012
Union Pacific Railroad Company..................................           5.636           5.655          -0.019
----------------------------------------------------------------------------------------------------------------

    Any party wishing to comment on AAR's calculation of the 2016 
weighted average state tax rates should file a comment by July 5, 2017. 
See 49 CFR 1135.2(c). If any comments opposing AAR's calculations are 
filed, AAR's reply will be due by July 25, 2017. 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 5, 2017, 
AAR's submitted weighted average state tax rates will be automatically 
adopted by the Board, effective July 6, 2017. Id.

    Decided: May 31, 2017.


[[Page 25904]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2017-11565 Filed 6-2-17; 8:45 am]
 BILLING CODE 4915-01-P

25904 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

By the Board, Rachel D. Campbell, FOR FURTHER INFORMATION CONTACT: Mr. on September 23 and September 29,
Director, Office of Proceedings. Jorge E. Panteli, Compliance and Land 2014, following approval of the DEIS.
Rena Laws-Byrum, Use Specialist, Federal Aviation The purpose of the SDEIS is to
Clearance Clerk. Administration New England Region identify changes, new information, and
[FR Doc. 2017–11565 Filed 6–2–17; 8:45 am] Airports Division, 1200 District Avenue, activities that have occurred in the
BILLING CODE 4915–01–P Burlington, Massachusetts 01803. project since the July 2014 DEIS. Based
Telephone: 781–238–7618. on coordination between FHWA and
Issued in Burlington, Massachusetts, on
ALDOT, the issues to be addressed in
May 24, 2017. the SDEIS will include, but are not
DEPARTMENT OF TRANSPORTATION limited to: Refinements in Alternative
Mary T. Walsh,
Federal Aviation Administration B’, storm surge analysis, tolling as a
Manager, ANE–600.
funding mechanism, Section 4(f)
[FR Doc. 2017–11478 Filed 6–2–17; 8:45 am] Evaluation, Section 106 consultation,
Notice of Opportunity for Public
Comment on a Land Use Change From
BILLING CODE P bicycle/pedestrian facilities, threatened
Aeronautical to Non-Aeronautical Use and endangered species, ecological
for Revenue Generation of 5 Acres of resources, hazardous materials, cultural
DEPARTMENT OF TRANSPORTATION resources surveys, and agency
Airport Land at Nantucket Memorial
Airport, Nantucket, MA coordination and public outreach
Federal Highway Administration
activities. The SDEIS will review
AGENCY: Federal Aviation Environmental Impact Statement; information from the original DEIS,
Administration (FAA), DOT. Mobile and Baldwin Counties, Alabama incorporate new information into the
ACTION: Request for public comments. SDEIS, and update the impacts and
AGENCY: Federal Highway analyses where changes have occurred
SUMMARY: Notice is being given that the Administration (FHWA), DOT. since the DEIS was approved. The DEIS
FAA is considering a request from the ACTION: Notice of Intent to prepare a is available at:
Town of Nantucket in Nantucket, MA, Supplemental Draft Environmental www.mobileriverbridge.com.
to change the current land use from Impact Statement. The SDEIS will follow the same
aeronautical use to non-aeronautical use process and format as the original DEIS,
of a 5 acre parcel of land. The parcel is SUMMARY: The FHWA in cooperation except that scoping is not required.
located in the northwestern quadrant of with the Alabama Department of Following approval of the SDEIS,
the airport and is adjacent to other non- Transportation (ALDOT), will prepare a FHWA plans to issue a combined Final
airport parcels used for industrial and/ limited scope Supplemental Draft Environmental Impact Statement (FEIS)/
or commercial use properties. The Environmental Impact Statement Record of Decision (ROD).
parcel is currently identified as surplus (SDEIS) for the I–10 Mobile River Bridge Public involvement is a critical
for non-aeronautical use on the airport’s and Bayway Widening project in Mobile component of the National
September 16, 2015 Airport Layout and Baldwin Counties, Alabama. The Environmental Policy Act (NEPA)
Plan. The parcel will be used to generate Draft Environmental Impact Statement project development process and will
non-aeronautical revenue through the (DEIS) was approved by FHWA on July occur throughout the development of
lease of land for industrial/commercial 22, 2014. The purpose of the SDEIS is the environmental documents.
use. All revenues through the leasing of to evaluate new information regarding Environmental documents will be made
the parcel will continue to be subject to environmental impacts and changes in available for review by resources
the FAA’s revenue-use policy and project conditions that have occurred agencies and the public. Notification of
dedicated to the maintenance and since the July 2014 DEIS. the availability of the SDEIS for public
operation of Nantucket Memorial and agency review will be made in the
FOR FURTHER INFORMATION CONTACT: Mr.
Airport. Federal Register, the project’s Web site
Mark D. Bartlett, Division (www.mobileriverbridge.com), and
DATES: Comments must be received on Administrator, Federal Highway through other methods to be jointly
or before July 5, 2017. Administration, 9500 Wynlakes Place, determined by FHWA and ALDOT.
ADDRESSES: You may send comments Montgomery, Alabama 36117; Email: Those methods will identify where
using any of the following methods: mark.bartlett@dot.gov; Telephone: (334) interested parties can go to review a
• Federal eRulemaking Portal: Go to 274–6350. copy of the SDEIS. The agency and
http://www.regulations.gov, and follow SUPPLEMENTARY INFORMATION: The public comment period on the SDEIS
the instructions on providing FHWA, in cooperation with the ALDOT, will end no sooner than 45 days after
comments. will prepare a limited scope SDEIS in the Notice of Availability is published
• Fax: 202–493–2251. accordance with 23 CFR 771.130(f) and in the Federal Register.
• Mail: U.S. Department of 40 CFR 1502.9 for the proposed project Public Hearing(s) will be held
Transportation, Docket Operations, M– which includes increasing the capacity following the availability of the SDEIS
30, West Building Ground Floor, Room of Interstate Route 10 (I–10) by and as necessary. The Public Hearing(s)
W 12–140, 1200 New Jersey Avenue SE., constructing a new bridge across the will be held in accessible locations and
Washington, DC 20590. Mobile River and increasing the at convenient times. The Public
• Hand Delivery: Deliver to mail
asabaliauskas on DSKBBXCHB2PROD with NOTICES

capacity of I–10 across Mobile Bay from Hearing(s) will be conducted by ALDOT
address above between 9 a.m. and 5 four to eight lanes. The DEIS for the and announced a minimum of 30 days
p.m., Monday through Friday, except project was approved on July 22, 2014 in advance of the hearings. Individuals
Federal holidays. (FHWA–AL–EIS–14–01–D). The DEIS will be provided the opportunity to offer
Interested persons may inspect the evaluated a wide range of alternatives, official comments by publicly
request and supporting documents by including the No Build Alternative and expressing their views to representatives
contacting the FAA at the address listed four Build Alternatives. Alternative B of ALDOT and others in attendance,
under FOR FURTHER INFORMATION was identified as the Preferred privately to a court reporter, or by
CONTACT. Alternative. Public Hearings were held submitting written comments. The

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Document Created: 2018-11-14 10:01:24
Document Modified: 2018-11-14 10:01:24

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 5, 2017. If any comment opposing AAR's calculation is filed, AAR's reply will be due by July 25, 2017. If no comments are filed by the due date, AAR's calculation of the 2016 weighted average state tax rates will be automatically adopted by the Board, effective July 6, 2017.
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		82 FR 25903