[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40448-40449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17238]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. EP 682 (Sub-No. 2)]


2010 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 2010 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 August 8, 2011. If any comment opposing 
AAR's calculations is filed, AAR's reply will be due August 29, 2011. 
If no comments are filed by the due date, AAR's calculation of the 2010 
weighted average state tax rates will be automatically adopted by the 
Board, effective August 9, 2011.

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. 2) 
to: Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.

FOR FURTHER INFORMATION CONTACT: Valerie O. Quinn (202) 245-0382. 
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. Sec.  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 annul RSAM calculation. Id. at 5-
6.
---------------------------------------------------------------------------

    \1\ Aff'd sub nom. CSX Transp., Inc. v. STB, 568 F.3d 236 (DC 
Cir. 2009), and vacated in part on reh'g, CSX Transp., Inc. v. STB, 
584 F.3d 1076 (DC 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, 
2011, AAR filed its calculation of the weighted average state tax rates 
for 2010, listed below for each Class I railroad:

                                        Weighted Average State Tax Rates
                                                  [In percent]
----------------------------------------------------------------------------------------------------------------
                            Railroad                                   2010            2009          % Change
----------------------------------------------------------------------------------------------------------------
BNSF Railway Company............................................           5.572           5.665          -0.093
CSX Transportation, Inc.........................................           5.575           5.578          -0.003
Grand Trunk Corporation.........................................           7.634           7.590           0.044
The Kansas City Southern Railway................................           6.070           6.434          -0.364
Norfolk Southern Combined.......................................           5.819           5.803           0.016
Soo Line Corporation............................................           7.305           8.651          -1.346

[[Page 40449]]

 
Union Pacific Railroad Company..................................           5.922           6.051          -0.129
----------------------------------------------------------------------------------------------------------------

    Any party wishing to comment on AAR's calculation of the 2010 
weighted average state tax rates should file a comment by August 8, 
2011. See 49 CFR 1135.2(c). If any comment opposing AAR's calculations 
is filed, AAR's reply will be due by August 29, 2011. 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 August 8, 
2011, AAR's submitted weighted average state tax rates will be 
automatically adopted by the Board, effective August 9, 2011. Id.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: July 5, 2011.
Joseph H. Dettmar,
Acting Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-17238 Filed 7-7-11; 8:45 am]
BILLING CODE 4915-01-P