16442 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 

Information Relay Service (FIRS) at: 

(800) 877–8339.] 

SUPPLEMENTARY INFORMATION: The Board 

uses URCS to determine a rail carrier’s 

variable costs in a variety of regulatory 

proceedings. URCS determines, for each 

Class I railroad, the portion of each 

category of expenses shown in the 

carrier’s Annual Report to the Board 

(STB Form R–1) that represents its 

system-average variable unit cost for 

that cost category for that year. More 

specifically, URCS consists of a series of 

computer programs and manual 

procedures organized into three phases. 

Phase I compiles the raw data provided 

by the carriers into a useable format, 

and then uses statistical estimation 

procedures to determine the portion of 

specific expense account groupings that 

vary with changes in the volume of 

activity. In Phase II, these cost/volume 

relationships are then used to develop 

the variable unit costs that allow costing 

of specific rail movements. Finally, in 

Phase III, these variable unit costs are 

applied to determine the costs of 

specific movements via an interactive 

computer program that permits the user 

to enter operating characteristic data for 

the specific movements under 

consideration. 

URCS was initially adopted by the 

Board’s predecessor agency, the 

Interstate Commerce Commission, as the 

general purpose costing system in Ex 

Parte No. 431 (Sub-No. 1), Adoption of 

the Uniform Railroad Costing System as 

a General Purpose Costing System For 

All Regulatory Costing Purposes, 5 

I.C.C.2d 894 (1989). Periodic review of 

URCS is called for in 49 U.S.C. 11161. 

The first review of URCS came in a 

decision served on October 1, 1997, in 

which the system was modified to: (1) 

Alter the procedures used to determine 

the variable costs associated with rail 

movements of intermodal traffic; (2) 

revise the train switching conversion 

factor used in the costing procedures; 

(3) discontinue the collection of cost 

data on switching and terminal 

companies; and (4) revise the procedure 

for determining the variable cost of 

using privately-owned rail cars. See 

Review of the General Purpose Costing 

System, 2 S.T.B. 659 (1997). On 

reconsideration in a decision served on 

December 12, 1997, the costing of 

intermodal rail movements was further 

modified. See Review of the General 

Purpose Costing System, 2 S.T.B. 754 

(1997). 

The Board believes it is time for a 

second, and more comprehensive, 

review of URCS to determine whether 

and to what extent modifications are 

needed to account for recent changes in 

Board procedures and to improve the 

system outputs. Accordingly, the Board 

is instituting this proceeding and 

holding a hearing to receive public 

comment on how best to revise the 

existing URCS model. Parties are 

specifically encouraged to address 

whether and how the Board could: 

1. Improve the efficiency adjustments 

associated with unit-train and multi-car 

movements; 

2. Update the historical studies used 

in URCS; 

3. Improve the costing of trailer or 

container on flat car (TOFC/COFC) 

traffic; 

4. Update the URCS national car tare 

weight calculation to account for the 

number of car miles that each car type 

operates; 

5. Update the number of miles 

between non-intermodal intertrain/ 

intratrain (I&I) switches by URCS car 

type; 

6. Disaggregate loss and damage 

information by carrier and by two-digit 

Standard Transportation Commodity 

Code (STCC) groupings; 

7. Revise the Train Switching 

Conversion factor used to place all road 

train crew wages on a common mileage 

basis; 

8. Require carriers to report their 

average switch engine speeds in order to 

better reflect switching expenses; 

9. Revise the ratio of urban and rural 

land values to allocate expenses 

between running and switching; 

10. Revise the URCS car types to 

eliminate outdated car types and add 

new car types to reflect those currently 

used in the railroad industry; 

11. Revise the spotted to pulled factor 

for each car type; 

12. Revise the approach used in 

individual proceedings to index URCS 

in order to use the Rail Cost Adjustment 

Factor indexes published by the Board; 

and 

13. Update the various statistical 

relationships used in URCS, including 

the variability estimates. 

The Board welcomes suggestions on 

additional aspects or features of URCS 

the Board should revisit. However, note 

that, by an advance notice of proposed 

rulemaking served and published on 

January 5, 2009 (74 FR 248), the Board 

already sought comments on whether 

and how the Board should update its 

accounting and financial reporting for 

Class I rail carriers and URCS to better 

capture the operating cost of 

transporting hazardous materials. The 

Board is currently reviewing the 

comments submitted. Therefore, 

comments for this public hearing need 

not duplicate those already submitted in 

that proceeding. 

As a follow up to this hearing, the 

Board will accept comments for 30 days 

responsive to the hearing. 

Date of Hearing. The hearing will 

begin at 9 a.m. on Thursday, April 30, 

2009, in the 1st floor hearing room at 

the Board’s headquarters at 395 E Street, 

SW., in Washington, DC, and will 

continue until every person scheduled 

to speak has been heard. 

Notice of Intent to Participate and 

Testimony. Any person wishing to 

speak at the hearing should file with the 

Board a combined written notice of 

intent to participate (identifying the 

party, the proposed speaker, the time 

requested, and topic(s) to be covered) 

and their written testimony as soon as 

possible, but no later than April 23, 

2009. 

Board Releases and Live Audio 

Available Via the Internet. Decisions 

and notices of the Board, including this 

notice, are available on the Board’s Web 

site at http://www.stb.dot.gov. This 

hearing will be available on the Board’s 

Web site by live video streaming. To 

access the hearing, click on the ‘‘Live 

Video’’ link under ‘‘Information Center’’ 

at the left side of the home page 

beginning at 9 a.m. on April 30, 2009. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Dated: April 6, 2009. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–8152 Filed 4–9–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Membership Availability in the National 

Parks Overflights Advisory Group 

Aviation Rulemaking Committee 

ACTION: Notice. 

SUMMARY: The National Park Service 

(NPS) and the Federal Aviation 

Administration (FAA), as required by 

the National Parks Air Tour 

Management Act of 2000, established 

the National Parks Overflights Advisory 

Group (NPOAG) in March 2001. The 

NPOAG was formed to provide 

continuing advice and counsel with 

respect to commercial air tour 

operations over and near national parks. 

This notice informs the public of six 

vacancies (due to completion of 

membership on October 9, 2009) on the 

NPOAG (now the NPOAG Aviation 

Rulemaking Committee (ARC)) for 

members representing general aviation 

Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices 16443 

1The Board exempted intra-corporate family 

transactions of motor carriers of passengers that do 

not result in significant operational changes, 

adverse changes in service levels, or a change in the 

competitive balance with carriers outside the 

corporate family in Class Exemption for Motor 

Passenger Intra-Corporate Family Transactions, 

STB Finance Docket No. 33685 (STB served Feb. 18, 

2000). 

2Laidlaw International, Inc. has changed its name 

to FirstGroup International, Inc., and instead of 

being a direct subsidiary of FirstGroup will become 

an indirect subsidiary, with two subsidiaries having 

interests in FMCSA-registered motor carriers of 

passengers: (1) FGI Canada Holdings Ltd., which 

will control Greyhound Canada Transportation 

Corp., which will be changed from an Ontario 

corporation to an Alberta unlimited liability 

corporation, and (2) First Group America Holdings, 

Inc., formerly Laidlaw Transit Holdings, Inc., which 

will control First Student, Inc., First Transit, Inc., 

and Greyhound Lines, Inc., which will continue to 

have control of Americanos U.S.A., LLC and Valley 

Transit Co., Inc. 

(one vacancy), commercial air tour 

operators (two vacancies), 

environmental concerns (two 

vacancies), and Native American tribal 

concerns (one vacancy) and invites 

interested persons to apply to fill the 

vacancies. 

DATES: Persons interested in serving on 

the NPOAG ARC should contact Mr. 

Barry Brayer in writing and postmarked 

or e-mailed on or before May 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Barry Brayer, AWP–1SP, Special 

Programs Staff, Federal Aviation 

Administration, Western-Pacific Region 

Headquarters, PO Box 92007, Los 

Angeles, CA 90009–2007, telephone: 

(310) 725–3800, e-mail: 

Barry.Brayer@faa.gov, or Karen Trevino, 

National Park Service, Natural Sounds 

Program, 1201 Oakridge Dr., Suite 100, 

Ft. Collins, CO 80525, telephone (970) 

225–3563, e-mail: 

Karen_Trevino@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Parks Air Tour 

Management Act of 2000 (the Act) was 

enacted on April 5, 2000, as Public Law 

106–181. The Act required the 

establishment of the advisory group 

within 1 year after its enactment. The 

advisory group was established in 

March 2001, and is comprised of a 

balanced group of representatives of 

general aviation, commercial air tour 

operations, environmental concerns, 

and Native American tribes. The 

Administrator of the FAA and the 

Director of NPS (or their designees) 

serve as ex officio members of the 

group. Representatives of the 

Administrator and Director serve 

alternating 1-year terms as chairman of 

the advisory group. 

The advisory group provides ‘‘advice, 

information, and recommendations to 

the Administrator and the Director— 

(1) On the implementation of this title 

[the Act] and the amendments made by 

this title; 

(2) On commonly accepted quiet 

aircraft technology for use in 

commercial air tour operations over a 

national park or tribal lands, which will 

receive preferential treatment in a given 

air tour management plan; 

(3) On other measures that might be 

taken to accommodate the interests of 

visitors to national parks; and 

(4) At the request of the Administrator 

and the Director, safety, environmental, 

and other issues related to commercial 

air tour operations over a national park 

or tribal lands.’’ 

Members of the advisory group may 

be allowed certain travel expenses as 

authorized by section 5703 of Title 5, 

United States Code, for intermittent 

Government service. 

By FAA Order No. 1110–138, signed 

by the FAA Administrator on October 

10, 2003, the NPOAG became an 

Aviation Rulemaking Committee (ARC). 

FAA Order No. 1110–138, was amended 

and became effective as FAA Order No. 

1110–138A, on January 20, 2006. 

The current NPOAG ARC is made up 

of one member representing general 

aviation, three members representing 

the commercial air tour industry, four 

members representing environmental 

concerns, and two members 

representing Native American tribal 

concerns. Current members of the 

NPOAG ARC are: Claire Kultgen, 

Aircraft Owners and Pilots Association; 

Alan Stephen, fixed-winged air tour 

operator representative; Elling 

Halvorson, Papillon Airways, Inc.; 

Matthew Zuccaro, Helicopters 

Association International; Chip 

Dennerlein, Siskiyou Project; Gregory 

Miller, American Hiking Society; 

Kristen Brengel, The Wilderness 

Society; Don Barger, National Parks 

Conservation Association; Rory 

Majenty, Huatapai Nation; and Richard 

Deertrack, Taos Pueblo. 

Public Participation in the NPOAG 

ARC 

In order to retain balance within the 

NPOAG ARC, the FAA and NPS invite 

persons interested in serving on the 

ARC to represent general aviation, 

commercial air tour operators, 

environmental concerns, or Native 

American tribal concerns, to contact Mr. 

Barry Brayer (contact information is 

written above in FOR FURTHER

INFORMATION CONTACT). 

Requests to serve on the ARC must be 

made to Mr. Brayer in writing and 

postmarked or e-mailed on or before 

May 20, 2009. The request should 

indicate whether or not you are a 

member of an association or group 

representing general aviation, 

commercial air tours, environmental 

concerns, or Native American tribal 

concerns or have another affiliation 

with issues relating to aircraft flights 

over national parks. The request should 

also state what expertise you would 

bring to the NPOAG ARC as related to 

the vacancy you are seeking to fill (e.g., 

general aviation). The term of service for 

NPOAG ARC members is 3 years. 

Issued in Hawthorne, CA on March 30, 

2009. 

Barry Brayer, 

NPOAG Chairman, Manager, Special 

Programs Staff, Western-Pacific Region. 

[FR Doc. E9–7695 Filed 4–9–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. MC–F–21032] 

FirstGroup plc—Intra-Corporate Family 

Transaction Exemption 

FirstGroup plc (FirstGroup), a 

noncarrier, has filed a verified notice of 

exemption under the Board’s class 

exemption procedure at 49 CFR 1182.9.1

The exempt transaction involves the 

reorganization by the FirstGroup family 

of companies.2

The transaction is intended to 

reorganize the North American structure 

of FirstGroup to reduce the taxes 

payable by its family of companies and 

thereby to retain more of their earnings 

to render the operations of their motor 

carriers of passengers as safely and 

comfortably as possible. 

The transaction was expected to be 

consummated on March 27, 2009. 

This is a transaction within a 

corporate family of the type specifically 

exempted from prior review and 

approval under 49 CFR 1182.9. 

FirstGroup states that the transaction 

will not result in adverse changes in 

service levels, significant operational 

changes, or a change in the competitive 

balance with carriers outside the 

corporate family. FirstGroup also states 

that (1) no contracts or agreements have 

been entered into to effect the proposed 

changes within the FirstGroup’s North 

American structure, and (2) there will 

be no foreseeable effect upon the