55544 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 

Carolina State University, Raleigh, 

North Carolina 27695, beginning at 9:30 

a.m. The third public meeting will be 

held in San Francisco, California, on 

October 26, 2006, at the Philip Burton 

Federal Building and Courthouse, 450 

Golden Gate Avenue, San Francisco, 

California 94102, beginning at 9:30 a.m. 

The fourth public meeting will be held 

in New Orleans, Louisiana, on 

December 6, 2006, at the Chateau 

Sonesta Hotel, 800 Iberville Street, New 

Orleans, Louisiana 70112, beginning at 

9:30 a.m. 

Persons wishing to participate are 

requested to provide their names, 

organizational affiliation, and contact 

information to Michelle Silva, Docket 

Clerk, FRA, 1120 Vermont Avenue, 

NW., Washington, DC 20590 (telephone 

202–493–6030). Persons needing sign 

language interpretation or other 

reasonable accommodation for disability 

are also encouraged to contact Michelle 

Silva, FRA Docket Clerk, at (202) 493–

6030. Additional public meetings will 

be announced over the next three 

months. 

FOR FURTHER INFORMATION CONTACT: Ron 

Ries, Office of Safety, FRA, 1120 

Vermont Avenue, NW., Washington, DC 

20590 (telephone 202–493–6299); 

Miriam Kloeppel, Office of Safety, FRA, 

1120 Vermont Avenue, NW., 

Washington, DC 20590 (telephone 202–

493–6299); or Kathryn Shelton, Office of 

Chief Counsel, FRA, 1120 Vermont 

Avenue, NW., Washington, DC 20590 

(telephone 202–493–6038). 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

initial notice, published July 27, 2006, 

in the Federal Register (citation: 71 FR 

42713) and available at http:// 

a257.g.akamaitech.net/7/257/2422/ 

01jan20061800/edocket.access.gpo.gov/ 

2006/pdf/06-6501.pdf. 

Request for Comments 

While FRA solicits discussion and 

comments on all areas of safety at 

private highway-rail grade crossings, we 

particularly encourage comments on the 

following topics: 

• At-grade highway-rail crossings 

present inherent risks to users, 

including the railroad and its 

employees, and to other persons in the 

vicinity if a train were to derail into an 

occupied area or release hazardous 

materials. When passenger trains are 

involved, the risks are heightened. From 

the standpoint of public policy, how do 

we determine whether the creation or 

continuation of a private crossing is 

justified? 

• Is the current assignment of 

responsibility for safety at private 

crossings effective? To what extent do 

risk-management practices associated 

with insurance arrangements result in 

‘‘regulation’’ of safety at private 

crossings? 

• How should improvement and/or 

maintenance costs associated with 

private crossing be allocated? 

• Is there a need for alternative 

dispute resolution mechanisms to 

handle disputes that may arise between 

private crossing owners and the 

railroads? 

• Should the State or Federal 

government assume greater 

responsibility for safety at private 

crossings? 

• Should there be nationwide 

standards for warning devices at private 

crossings or for intersection design of 

new private grade crossings? 

• How do we determine when a 

private crossing has a public purpose 

and is subject to public use? 

• Should some crossings be 

categorized as commercial crossings 

rather than private crossings? 

• Are there innovative traffic control 

treatments that could improve safety at 

private crossings on major rail corridors, 

including those on which passenger 

service is provided? 

• Should the DOT request enactment 

of legislation to address private 

crossings? If so, what should it include? 

Issued in Washington, DC, on September 

15, 2006. 

Michael J. Logue, 

Deputy Associate Administrator for Safety. 

[FR Doc. 06–7811 Filed 9–21–06; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 558 (Sub–No. 9)] 

Railroad Cost of Capital—2005 

AGENCY: Surface Transportation Board. 

DOT. 

ACTION: Notice of decision. 

SUMMARY: On August 28, 2006, the 

Board served a decision to update its 

computation of the railroad industry’s 

cost of capital for 2005. The composite 

after-tax cost-of-capital rate for 2005 is 

found to be 12.2%, based on a current 

cost of debt of 5.36%; a cost of common 

equity capital of 15.18%; and a capital 

structure mix comprised of 30.41% debt 

and 69.59% common equity. The costof-capital finding made in this 

proceeding will be used in a variety of 

Board proceedings. 

DATES: Effective Date: This action is 

effective August 28, 2006. 

FOR FURTHER INFORMATION CONTACT: Paul 

Aguiar, 202–565–1527. (Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339). 

SUPPLEMENTARY INFORMATION: The costof-capital finding in this decision may 

be used for a variety of regulatory 

purposes. Based upon Western Coal 

Traffic League reply comments, we will 

institute a separate advance notice of 

proposed rulemaking to explore the 

most suitable methodology to calculate 

the cost of capital. That proceeding will 

provide all interested parties an 

opportunity to comment on the 

discounted cash flow (DCF) model, the 

proper source for the inputs to that 

model, and whether the Board should 

adopt an alternative to that method, 

such as the Capital Asset Pricing Model 

(CAPM), for future cost-of-capital 

determinations. The Board’s decision is 

posted on the Board’s Web site, http:// 

www.stb.dot.gov. In addition, copies of 

the decision may be purchased from 

ASAP Document Solutions by calling 

202–306–4004 (assistance for the 

hearing impaired is available through 

FIRS at 1–800–877–8339), or by e-mail 

at asapdc@verizon.net. 

Environmental and Energy 

Considerations 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Regulatory Flexibility Analysis 

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. The purpose 

and effect of this action are to update 

the annual railroad industry cost-ofcapital finding by the Board. No new 

reporting or other regulatory 

requirements are imposed, directly or 

indirectly, on small entities. 

Authority: 49 U.S.C. 10704(a). 

Decided: September 15, 2006. 

By the Board, Chairman Nottingham, Vice 

Chairman Mulvey, and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 06–8097 Filed 9–21–06; 8:45 am] 

BILLING CODE 4915–01–P 


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