[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Notices]
[Page 11995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5261]



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INTERSTATE COMMERCE COMMISSION

[Ex Parte No. 399]


Cost Recovery Percentage

AGENCY: Interstate Commerce Commission.

ACTION: Publication of the Cost Recovery Percentage for 1995.

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SUMMARY: The provisions of 49 U.S.C. 10709(d)(5)(A) require the 
Commission to calculate an annual cost recovery percentage (CRP), a 
revenue-to-variable cost (r/vc) ratio reflecting a hypothetical rate 
ceiling that would permit railroads, in the aggregate, to recover their 
costs of doing business. If the CRP falls between 170% and 180%, it 
becomes the jurisdictional threshold for determining whether railroad 
traffic is market dominant and hence subject to maximum rate 
regulation. If it exceeds 180%, then the market dominance threshold is 
set at 180%. Because the calculated CRP for 1995 exceeds 180%, the 
jurisdictional threshold applicable to calendar year 1995 is 180%.

EFFECTIVE DATE: This decision is effective April 2, 1995.

FOR FURTHER INFORMATION CONTACT: Robert C. Hasek, (202) 927-6239; or H. 
Jeff Warren, (202) 927-6243. [TDD for the hearing impaired: (202) 927-
5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Commission's decision. To purchase a copy of the full decision write 
to, call, or pick up in person from: Dynamic Concepts, Inc., Room 2229, 
Interstate Commerce Commission Building, 1201 Constitution Avenue, 
N.W., Washington, DC 20423, or telephone (202) 289-4357/4359. 
[Assistance for the hearing impaired is available through TDD services 
(202) 927-5721.]
    Pursuant to 5 U.S.C. 605(b), we conclude that our action in this 
proceeding will not have a significant economic impact on a substantial 
number of small entities. No new regulatory requirements are imposed, 
directly or indirectly, on such entities. The purpose of our regulation 
is to calculate the threshold revenue-variable cost ratio for market 
dominance determinations as required by law. No new reporting 
requirements will be placed on the railroad industry. The economic 
impact on small entities, if any, will not likely be significant within 
the meaning of the Regulatory Flexibility Act.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.

    Authority: 49 U.S.C. 10321, 10709; 5 U.S.C. 553.

    Decided: February 10, 1995.

    By the Commission, Chairman McDonald, Vice Chairman Morgan, and 
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5261 Filed 3-2-95; 8:45 am]
BILLING CODE 7035-01-P