Notices. Notice of updated decision
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/register/2014/01/06/2013-31570A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 552 (Sub-No. 15)] Railroad Revenue Adequacy—2010 Determination AGENCY: Surface Transportation Board, DOT. ACTION: Notice of updated decision. SUMMARY: On January 2, 2014, the Board served an updated decision announcing the 2010 revenue adequacy determinations for the Nation's Class I railroads, taking into account BNSF Railway Company's refiled R-1 report for 2010. One carrier, Union Pacific Railroad Company, was found to be revenue adequate. DATES: *Effective Date:* This decision is effective on January 2, 2014. FOR FURTHER INFORMATION CONTACT: Paul Aguiar,
(202)245-0323. Assistance for the hearing impaired is available through the 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 2010, determined to be 11.03% in *Railroad Cost of Capital—2010,* EP 558 (Sub-No. 14) (STB served Oct. 3, 2011). This revenue adequacy standard was applied to each Class I railroad. One carrier, Union Pacific Railroad Company, was found to be revenue adequate for 2010. 1 1 The Board determined the revenue adequacy for 2010 of each Class I railroad in a previous decision served in this docket on November 3, 2011. Now that BNSF Railway Company has refiled its R-1 reports for 2010-2012 in compliance with *Western Coal Traffic League—Petition for Declaratory Order,* FD 35506 (served July 25, 2013), the Board's January 2, 2014 decision reflects that filing and includes a revised determination of BNSF's revenue adequacy for 2010. The January 2, 2014 decision also replaces the name “Norfolk Southern Railway Company” with “Norfolk Southern Combined Railroad Subsidiaries” and adds a footnote to accompany that change. The November 3, 2011 decision remains unchanged in all other aspects. 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: December 31, 2013. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013-31570 Filed 1-3-14; 8:45 am]
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