Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12929 

1Since 1989, the cost recovery procedures have 

required that the quarterly rail cost adjustment 

factor (RCAF) be adjusted for long-run changes in 

railroad productivity. The ICC Termination Act of 

1995 continues this requirement (49 U.S.C. 10708, 

as revised). The long-run measure of productivity 

is computed using a 5-year moving geometric mean. 

See Productivity Adjustment-Implementation, 9 

I.C.C.2d 1072 (1993). 

Requirements’’ is an abbreviated form of 

the title of S14 of FMVSS No. 208. 

In accordance with 49 U.S.C. 

30113(b)(3)(B)(i), Spyker is granted 

NHTSA Temporary Exemption No. EX 

08–03, from S19, S21, S23 and S25 of 

FMVSS No. 208. The exemption shall 

remain in effect until December 15, 

2010. 

(49 U.S.C. 30113; delegations of 

authority at 49 CFR 1.50. and 501.8) 

Issued on: March 19, 2009. 

Ronald L. Medford, 

Acting Deputy Administrator. 

[FR Doc. E9–6576 Filed 3–24–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 290 (Sub-No. 4)] 

Railroad Cost Recovery Procedures— 

Productivity Adjustment 

AGENCY: Surface Transportation Board. 

ACTION: Adoption of a railroad cost 

recovery procedures productivity 

adjustment. 

SUMMARY: In a decision served on 

February 5, 2009, we proposed to adopt 

1.012 (1.2% per year) as the measure of 

average change in railroad productivity 

for the 2003–2007 (5-year) averaging 

period. This value represented no 

change from the current measure of 

1.2% that was developed for the 2002– 

2006 period. The decision stated that 

comments may be filed addressing any 

perceived data and computational errors 

in our calculation. It also stated that, if 

there were no further action taken by 

the Board, the proposed productivity 

adjustment would become effective on 

March 1, 2009.1

On February 23, 2009, the Board 

received comments from the 

Association of American Railroads 

(AAR). AAR noted that that they could 

not check the computation of the 

productivity value without access to 

certain input data. To ensure that 

release of this data would not violate 

our confidentiality practices, we 

conducted additional analysis of the 

data AAR referenced. In that review, we 

found inconsistencies in our application 

of the program processes used to 

compute our most recent estimate of 

productivity change. Therefore, we 

reopened this proceeding based on 

material error under 49 U.S.C. 722(c) to 

correct these inconsistencies and issued 

a modified annual productivity decision 

on March 20, 2009. We find that the 

increase in productivity in 2007 should 

have been reported as 1.018 instead of 

1.004. As a result, the 5-year geometric 

mean of the annual change in 

productivity is 1.015 (or 1.5% per year), 

not 1.012 (or 1.2% per year), as 

originally reported. 

In its comments, AAR also requested 

that we eliminate reference to the 

arithmetic mean over the previous five 

years, as that mean is not required by 

regulation. We had originally reported 

the 2003–2007 productivity growth 

using both an arithmetic and geometric 

mean. The AAR is correct to note that 

the arithmetic mean is not used in any 

required applications and can be a 

source of confusion. Therefore, we will 

no longer publish the arithmetic mean 

in future Ex Parte No. 290 (Sub-No. 4) 

decisions. 

DATES: Effective Date: The productivity 

adjustment is effective March 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Pursuant to 5 U.S.C. 605(b), we 

conclude that our action will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Decided: March 20, 2009. 

By the Board, Chairman Mulvey, and Vice 

Chairman Nottingham. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–6622 Filed 3–24–09; 8:45 am] 

BILLING CODE 4915–01–P 


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