Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 19039 

the Site. There are no endangered 

species present at the Site. A FS was not 

prepared because the risks were 

acceptable. 

Selected Remedy 

A No Action remedy was selected for 

the site because the Human Health 

Baseline Risk Assessment and the 

Baseline Ecological Risk Assessment 

showed that releases from the Site 

posed risks within EPA’s acceptable risk 

range. No response actions were 

necessary to mitigate releases from the 

Site. 

Cleanup Goals 

Since there was no unacceptable risk 

and a response action was not 

necessary, cleanup objectives were not 

established. 

Operation and Maintenance—if 

Applicable 

Because no response actions were 

taken, there are no operation or 

maintenance obligations at the Site. 

Five-Year Review—if Applicable 

Five Year Reviews are not applicable 

because no response actions were taken. 

Community Involvement 

A Technical Assistance Grant was 

provided to the Harbor Oil Community 

Action Group (HOGAG). Meetings of the 

HOCAG took place on a monthly basis 

during the RI and were reduced when 

site activities slowed down. 

Approximately 10 citizens made up the 

HOCAG, but they distributed 

information throughout the North 

Portland neighborhood where the site is 

located. EPA provided a 30-day public 

review and comment period on the 

proposed No Action remedy on 

November 14, 2012. EPA held a public 

meeting on December 6, 2012 to present 

the proposed remedy of No Action and 

receive public comments. EPA 

responded to all comments in the 

responsiveness summary for the Record 

of Decision, with no change to the 

proposed remedy. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The remedial investigation has shown 

that the releases pose no significant 

threat to public health or the 

environment and therefore no further 

Superfund response is needed to protect 

human health or the environment at the 

Site. 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Oregon, has determined that 

all response actions required by 

CERCLA have been implemented, and 

no further CERCLA response action by 

EPA or the responsible parties is 

appropriate. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p.351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p.193. 

Dated: March 10, 2014. 

Dennis J. McLerran, 

Regional Administrator. 

[FR Doc. 2014–06815 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1516 and 1552 

[EPA–HQ–OARM–2013–0149; FRL–9908– 

87–OARM] 

EPAAR Clause for Ordering by 

Designated Ordering Officers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The proposed rule updates the 

Ordering—By Designated Ordering 

Officers clause and corresponding 

prescription. 

DATES: Comments must be received on 

or before May 7, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2013–0149, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: valentino.thomas@epa.gov. 

• Mail: EPA–HQ–OARM–2013–0149, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2013– 

0149. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket, and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment, and with any disk or CD– 

ROM you submit. If EPA cannot read 

your comment due to technical 

difficulties, and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters, any form of encryption, and 

be free of any defects or viruses. For 

additional information about EPA’s 

public docket, visit the EPA Docket 

Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov, or in hard copy at 

the Office of Environmental Information 

(OEI) Docket, EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

1752. This Docket Facility is open from 


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19040 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 

8:30 a.m. to 4:30 p.m. Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Valentino, Policy, Training, and 

Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

4522; email address: valentino.thomas@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI, and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR Part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The subject clause is currently 

codified in the EPAAR as the April 1984 

basic clause without any alternates. The 

basic clause only contemplates order 

issuance prior to receiving formal input 

from the contractor. On December 21, 

1989, a class deviation was issued to 

prescribe an alternate to the clause that 

provides for negotiating the terms and 

conditions of a task/delivery order prior 

to order issuance. There are several 

benefits to negotiation prior to order 

issuance: The Government is not 

charged directly for the time involved in 

negotiations and the associated costs are 

part of bid and proposal costs which are 

indirect charges spread across all 

Government contracts; it allows for 

more accurate pricing for the order, and 

it enables the Government to hold the 

Contractor to negotiated requirements as 

soon as the order is issued. As a result, 

the subject clause and corresponding 

prescription are being updated to add 

the 1989 class deviation. Because the 

class deviation provides several benefits 

that the basic clause does not, it will be 

designated as the basic form of the 

Ordering clause, and the previous basic 

form is being re-designated as Alternate 

I. In addition, the EPAAR 1516.505(a) 

subject clause prescription is being 

updated accordingly. 

III. Proposed Rule 

This proposed rule updates the 

EPAAR 1516.505(a) clause prescription, 

and amends EPAAR 1552.216–72 to add 

an alternate version to the Ordering—By 

Designated Ordering Officers clause. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and therefore, 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute; unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of today’s final rule on small entities, 

‘‘small entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action revises a current EPAAR 

provision and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. This rule will not 

have a significant economic impact on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of the Title II of the UMRA) 

for State, Local, and Tribal governments 

or the private sector. The rule imposes 

no enforceable duty on any State, Local 

or Tribal governments or the private 

sector. Thus, the rule is not subject to 

the requirements of Sections 202 and 

205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and Local officials in the development 

of regulatory policies that have 

federalism implications.’’ ‘‘Policies that 

have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 


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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 19041 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This rule does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government as specified in 

Executive Order 13132. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications as specified in 

Executive Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health and Safety Risks’’ 

(62 FR 19885, April 23, 1997), applies 

to any rule that: (1) Is determined to be 

economically significant as defined 

under Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution of Use’’ (66 FR 28335 (May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) (15 U.S.C 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This proposed 

rulemaking does not involve human 

health or environmental affects. 

List of Subjects in 48 CFR Parts 1516 

and 1552 

Government procurement. 

Dated: June 21, 2013. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

proposed to be amended as set forth 

below: 

PART 1516—TYPES OF CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 1516 is revised to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 2. Revise 1516.505(a) as follows: 

1516.505 Contract clauses. 

(a) The Contracting Officer shall insert 

the clause in 1552.216–72, Ordering— 

By Designated Ordering Officers, or a 

clause substantially similar to the 

subject clause, in indefinite delivery/

indefinite quantity type solicitations 

and contracts. The Contracting Officer 

shall insert Alternate I when formal 

input from the Contractor will not be 

obtained prior to order issuance. 

* * * * * 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for 48 CFR 

part 1552 continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 4. Revise 1552.216–72 to read as 

follows: 

1552.216–72 Ordering—by designated 

ordering officers. 

As prescribed in 1516.505(a), insert 

the subject clause, or a clause 

substantially similar to the subject 

clause, in indefinite delivery/indefinite 

quantity type solicitations and 

contracts. 

ORDERING—BY DESIGNATED 

ORDERING OFFICERS (lll 2013) 

(a) The Government will order any 

supplies and services to be furnished under 

this contract by issuing task/delivery orders 

on Optional Form 347, or an agency 

prescribed form, from lll through lll. 

In addition to the Contracting Officer, the 

following individuals are authorized ordering 

officers. 

lllllllllllllllllllll

lllllllllllllllllllll

(b) A Standard Form 30 will be the method 

of amending task/delivery orders. 

(c) The Contractor shall acknowledge 

receipt of each order by having an authorized 

company officer sign either a copy of a 

transmittal letter or signature block on page 

3 of the task/delivery order, depending upon 

which is provided, within ll calendar days 

of receipt. 

(d) Prior to the placement of any task/

delivery order, the Contractor will be 

provided with a proposed Performance Work 

Statement/Statement of Work and will be 

asked to respond with detailed technical and 

cost proposals within ll calendar days or 

less. The technical proposal will delineate 

the Contractor’s interpretation for the 

execution of the PWS/SOW, and the pricing 

proposal will be the Contractor’s best 

estimate for the hours, labor categories and 

all costs associated with the execution. The 

proposals are subject to negotiation. The 

Ordering Officer and the Contractor shall 

reach agreement on all the material terms of 

each order prior to the order being issued. 

(e) Each task/delivery order issued will 

incorporate the Contractor’s technical and 

cost proposals as negotiated with the 

Government, and will have a ceiling price 

which the contractor shall not exceed. When 


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19042 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 

1Section 10704(a) of title 49 states with respect 

to adequate revenues: 

* * * * * 

(2) The Board shall maintain and revise as 

necessary standards and procedures for establishing 

revenue levels for rail carriers * * * that are 

adequate, under honest, economical, and efficient 

management, to cover total operating expenses, 

including depreciation and obsolescence, plus a 

reasonable and economic profit or return (or both) 

on capital employed in the business.* * * Revenue 

levels established under this paragraph should— 

(A) provide a flow of net income plus 

depreciation adequate to support prudent capital 

outlays, assure the repayment of a reasonable level 

of debt, permit the raising of needed equity capital, 

and cover the effects of inflation; and 

(B) attract and retain capital in amounts adequate 

to provide a sound transportation system in the 

United States. 

(3) On the basis of the standards and procedures 

described in paragraph (2), the Board shall annually 

determine which rail carriers are earning adequate 

revenues. 

the Contractor has reason to believe that the 

labor payment and support costs for the order 

which will accrue in the next thirty (30) days 

will bring total cost to over 85 percent of the 

ceiling price specified in the order, the 

Contractor shall notify the Ordering Officer. 

(f) Under no circumstances will the 

Contractor start work prior to the issue date 

of the task/delivery order unless specifically 

authorized to do so by the Ordering Officer. 

Any verbal authorization will be confirmed 

in writing by the Ordering Officer or 

Contracting Officer within ll calendar 

days. 

(End of clause) 

Alternate I. As prescribed in 

1516.505(a), insert the subject clause, or 

a clause substantially similar to the 

subject clause, in indefinite delivery/

indefinite quantity contracts when 

formal input from the Contractor will 

not be obtained prior to order issuance. 

(a) The Government will order any 

supplies and services to be furnished under 

this contract by issuing task/delivery orders 

on Optional Form 347, or any agency 

prescribed form, from ___ through ___. In 

addition to the Contracting Officer, the 

following individuals are authorized ordering 

officers: 

lllllllllllllllllllll

lllllllllllllllllllll

(b) A Standard Form 30 will be the method 

of amending task/delivery orders. 

(c) The Contractor shall acknowledge 

receipt of each order and shall prepare and 

forward to the Ordering Officer within ll 

calendar days the proposed staffing plan for 

accomplishing the assigned task within the 

period specified. 

(d) If the Contractor considers the 

estimated labor hours or specified work 

completion date to be unreasonable, the 

Contractor shall promptly notify the Ordering 

Officer and Contracting Officer in writing 

within ll calendar days, stating why the 

estimated labor hours or specified 

completion date is considered unreasonable. 

(e) Each task/delivery order will have a 

ceiling price, which the Contractor may not 

exceed. When the Contractor has reason to 

believe that the labor payment and support 

costs for the order, which will accrue in the 

next thirty (30) days, will bring total cost to 

over 85 percent of the ceiling price specified 

in the order, the Contractor shall notify the 

Ordering Officer. 

(f) Paragraphs (c), (d), and (e) of this clause 

apply only when services are being ordered. 

(End of clause) 

Editorial Note: This document was 

received by the Office of the Federal Register 

on March 26, 2014. 

[FR Doc. 2014–07109 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Chapter X 

[Docket No. EP 722; Docket No. EP 664 

(Sub-No. 2)] 

Railroad Revenue Adequacy: Petition 

of the Western Coal Traffic League To 

Institute a Rulemaking Proceeding To 

Abolish the Use of the Multi-Stage 

Discounted Cash Flow Model in 

Determining the Railroad Industry’s 

Cost of Equity Capital 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice. 

SUMMARY: The Surface Transportation 

Board will receive comments in Docket 

No. EP 722 to explore the Board’s 

methodology for determining railroad 

revenue adequacy, as well as the 

revenue adequacy component used in 

judging the reasonableness of rail freight 

rates. The Board will also receive 

comments in Docket No. 664 (Sub-No. 

2) on how it calculates the railroad 

industry’s cost of equity capital. The 

Board is seeking written comments on 

these matters, as described below, and 

later will hold a hearing to address these 

issues. 

DATES: Comments in both dockets are 

due on July 1, 2014. Reply comments 

are due on August 15, 2014. Following 

receipt of comments, the Board will 

schedule a public hearing at the Board’s 

headquarters located at 395 E Street 

SW., Washington, DC, to allow 

participants to appear and discuss the 

submissions that were made. The Board 

will provide more details regarding the 

hearing in a future decision. 

ADDRESSES: All filings may be submitted 

either via the Board’s e-filing format or 

in the 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 ‘‘www.stb.dot.gov’’ Web 

site. Any person submitting a filing in 

the traditional paper format should send 

an original and 10 copies of the filing to: 

Surface Transportation Board, Attn: 

Docket No. [EP 722 or EP 664 (Sub-No. 

2), as the case may be], 395 E Street 

SW., Washington, DC 20423–0001. 

Copies of written submissions will be 

posted to the Board’s Web site and will 

be available for viewing and selfcopying in the Board’s Public Docket 

Room, Suite 131. Copies of the 

submissions will also be available (for a 

fee) by contacting the Board’s Chief 

Records Officer at (202) 245–0236 or 

395 E Street SW., Washington, DC 

20423–0001. 

FOR FURTHER INFORMATION CONTACT: For 

EP 722: Scott Zimmerman at (202) 245– 

0386; for EP 664 (Sub-No. 2): Amy 

Ziehm at (202) 245–0391. Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: In Section 

205 of the Railroad Revitalization and 

Regulatory Reform Act of 1976, Public 

Law 94–210, 90 Stat. 127, Congress 

mandated that the Board’s predecessor, 

the Interstate Commerce Commission 

(ICC), promulgate—and thereafter revise 

and maintain—standards and 

procedures for establishing railroad 

revenue adequacy. Four years later, in 

the Staggers Rail Act of 1980 (Staggers), 

Public Law 96–448, 94 Stat. 1895, the 

agency’s rail transportation policy was 

revised to include, among other things, 

‘‘promot[ing] a safe and efficient rail 

transportation system by allowing rail 

carriers to earn adequate revenues, as 

determined by the [agency].’’ 

Additionally, Section 205 of Staggers 

required the ICC to begin determining 

annually ‘‘which rail carriers are 

earning adequate revenues.’’ To 

implement this requirement, the ICC 

began a proceeding to adopt standards 

for determining railroad revenue 

adequacy. In that proceeding, the ICC 

concluded that ‘‘the only revenue 

adequacy standard consistent with the 

requirements of [Staggers] is one that 

uses a rate of return equal to the cost of 

capital.’’ Standards for R.R. Revenue 

Adequacy, 364 I.C.C. 803, 811 (1981), 

aff’d sub nom. Bessemer & Lake Erie 

R.R. v. ICC, 691 F.2d 1104 (3d Cir. 

1982). 

These statutory requirements, now 

codified at 49 U.S.C. 10704(a)(2) and 

(3),1 still govern, and the Board (like the 

ICC before it) annually determines 


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