Rules and Regulations. Notice of decision
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/register/2013/10/22/2013-24566A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 552 (Sub-No. 17)] Railroad Revenue Adequacy—2012 Determination AGENCY: Surface Transportation Board, DOT. ACTION: Notice of decision. SUMMARY: On October 17, 2013, the Board served a decision announcing the 2012 revenue adequacy determinations for the Nation's Class I railroads. Two carriers, Norfolk Southern Combined Railroad Subsidiaries and Union Pacific Railroad Company, were found to be revenue adequate. DATES: *Effective Date:* This decision is effective on October 17, 2013. FOR FURTHER INFORMATION CONTACT: Paul Aguiar,
(202)245-0323. Assistance for the hearing impaired is available through Federal Information Relay Service
(FIRS)at
(800)877-8339. SUPPLEMENTARY INFORMATION: The Board is required to make an annual determination of railroad revenue adequacy. A railroad is considered revenue adequate under 49 U.S.C. 10704(a) if it achieves a rate of return on net investment
(ROI)equal to at least the current cost of capital for the railroad industry for 2012, determined to be 11.12% in *Railroad Cost of Capital—2012,* EP 558 (Sub-No. 16) (STB served Aug. 30, 2013). This revenue adequacy standard was applied to each Class I railroad except for BNSF Railway Company (BNSF). 1 Two carriers, Norfolk Southern Combined Railroad Subsidiaries and Union Pacific Railroad Company, were found to be revenue adequate for 2012. 1 The Board has not calculated BNSF's 2012 revenue adequacy in this decision, because BNSF is due to refile its R-1 reports for 2010, 2011, and 2012 by October 23, 2013, in compliance with the Board's order in *Western Coal Traffic League—Petition for Declaratory Order,* FD 35506 (STB served July 25, 2013). Following receipt and verification of BNSF's revised R-1 reports, the Board will reissue BNSF's 2010 and 2011 revenue adequacy calculations, and will issue its 2012 calculation. The decision in this proceeding is posted on the Board's Web site at *www.stb.dot.gov.* Copies of the decision may be purchased by contacting the Office of Public Assistance, Governmental Affairs, and Compliance at
(202)245-0238. Assistance for the hearing impaired is available through FIRS at
(800)877-8339. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: September 30, 2013. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013-24566 Filed 10-21-13; 8:45 am]
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