DOT 49 CFR PART 1135-2010 RAILROAD COST RECOVERY PROCEDURES.pdf

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1、156 49 CFR Ch. X (10110 Edition) Pt. 1135 certification, a letter request from de-fendants that forwarding be expedited will be considered to the end that steps be taken to have the statement for-warded immediately. All discrepancies, duplications, or other errors in the statements should be adjuste

2、d by the parties and corrected agreed state-ments submitted to the Board. The cer-tificate must be signed in ink by a gen-eral accounting officer of the carrier and should cover all of the information shown in the statement. If the carrier which collected the charges is not a de-fendant in the case,

3、 its certificate must be concurred in by like signature on behalf of a carrier defendant. State-ments so prepared and certified shall be filed with the Board whereupon it will consider entry of a decision award-ing damages. 47 FR 49575, Nov. 1, 1982, as amended at 64 FR 53268, Oct. 1, 1999 PART 1135

4、RAILROAD COST RECOVERY PROCEDURES Sec. 1135.1 Quarterly adjustment. 1135.2 Revenue Shortfall Allocation Method: Annual State tax information. AUTHORITY: 5 U.S.C. 553, and 49 U.S.C. 721, 10701, 10704, 10708, and 11145. 1135.1 Quarterly adjustment. To enable the Board to publish the rail cost adjustme

5、nt factor (RCAF) as required by 49 U.S.C. 10708, the Associa-tion of American Railroads (AAR) shall calculate and file with the Board by the fifth day of December, March, June and September of each year its forecast for the next calendar quarter of the all- inclusive index of railroad costs and calc

6、ulate and file the RCAF unadjusted for changes in railroad productivity as prescribed in Railroad Cost Recovery Procedures, 1 I.C.C.2d 207 (1984), and any subsequent amendments thereto. In ad-dition, the AAR shall calculate the productivity-adjusted RCAF as pre-scribed in Railroad Cost Recovery Proc

7、e-dures, 5 I.C.C.2d 434 (1989), and any sub-sequent amendments thereto. The AAR shall submit workpapers detailing its calculations. The Board will review and verify the AAR submissions and make its RCAF publication by the twentieth day of December, March, June and Sep-tember of each year. 67 FR 5516

8、6, Aug. 28, 2002 1135.2 Revenue Shortfall Allocation Method: Annual State tax informa-tion. (a) To enable the Board to calculate the revenue shortfall allocation meth-od (RSAM), which is one of the three benchmarks that are used to determine the reasonableness of a challenged rate under one standard

9、 of the Boards Sim-plified Standards for Rail Rate Cases, STB Docket No. 646 (Sub-No. 1) (STB served Sept. 5, 2007), the Association of American Railroads (AAR) shall file with the Board, on or before May 30, the weighted average State tax rates applicable to each Class I railroad for the previous y

10、ear. The AAR shall sub-mit workpapers detailing its calcula-tions. (b) The Board will serve and publish a notice of the filing in the FEDERAL REGISTER within 10 days of the AARs filing. (c) Any interested party may file comments on the AARs filing within 30 days of the notice described in para-graph

11、 (b) of this section. If no com-ments are received within 30 days, the Board will automatically adopt the AARs weighted average State tax rates on the 31st day. If comments op-posing the AARs calculations are re-ceived, the AARs response will be due within 20 days of the comments. The Board will rev

12、iew the submission and comments and serve a decision within 60 days from the date of the close of the record that either accepts, rejects, or modifies the AARs railroad-specific tax information. 75 FR 8818, Feb. 26, 2010 PART 1139PROCEDURES IN MOTOR CARRIER REVENUE PRO-CEEDINGS Subpart ACommon Carri

13、ers of General Commodities Sec. 1139.1 Application. 1139.2 Traffic study. 1139.3 Cost study. 1139.4 Revenue need. 1139.5 Affiliate data. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-