[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Rules and Regulations]
[Pages 42190-42194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20647]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1002
[STB Ex Parte No. 542]
Regulations Governing Fees for Services Performed in Connection
With Licensing and Related Services--1996 Update
AGENCY: Surface Transportation Board.
ACTION: Final rules.
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SUMMARY: In compliance with its fee update regulations, the Surface
Transportation Board (Board) adopts its 1996 User Fee Update and
revises its fee schedule at this time to recover the costs associated
with providing services to the public.
EFFECTIVE DATE: September 16, 1996.
FOR FURTHER INFORMATION CONTACT: Kathleen M. King, (202) 927-5249 or
David T. Groves, (202) 927-6395. [TDD for the hearing impaired: (202)
927-5721.]
SUPPLEMENTARY INFORMATION: The Board's regulations in 49 CFR 1002.3
require the Board to update its user fee schedule annually. By notice
of proposed rulemaking published on April 5, 1996, at 61 FR 15208, the
Board requested comments on its 1996 proposed fee schedule. Upon
reviewing the comments, the Board is adopting the proposed fee schedule
with the following modifications: (1) Fee Item (27)--Trails use
requests is established at $150; (2) Fee Item (47)--National Railroad
Passenger Corporation conveyance proceeding is established at $150; (3)
Fee Item (48)--National Railroad Passenger Corporation compensation
proceeding is established at $150; (4) Fee Item (56)(i)--Formal
complaints filed under the coal rate guidelines is tentatively set at
$23,300, Fee Item (56)(ii)--All other formal complaints is tentatively
set at $2,300; 1 (5) Fee Item (58)(i)--A petition for declaratory
order involving an existing rate or practice remains at $1,000, and Fee
Item (58)(ii)--All other petitions for declaratory order remains at
$1,400; (6) Fee Item (61)--Appeals to Board decisions and petitions to
revoke an exemption is established at $150; and (7) Fee Item (62)--
Motor carrier undercharge proceeding is established at $150. In
addition, Fee Item (12)--Petition
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\1\ Fee items 56(i) and 56(ii) are currently the subject of
legislative debate. Therefore, these items are being set
tentatively, but will not take effect at this time. The Board will
issue a further decision addressing these items after the
legislative debate is concluded. In the meantime, they will remain
at $1,000 each in the Board's fee schedule.
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[[Page 42191]]
for exemption involving construction of a rail line is modified so that
the $41,700 fee also applies to construction applications.
We note that in Class Exemption For Acquisition or Operation of
Rail Lines By Class III Rail Carriers Under 49 U.S.C. 10902, STB Ex
Parte No. 529, published in the Federal Register on June 24, 1996 at 61
FR 32355, the Board adopted Fee Item 36, Notice of exemption under 49
CFR 1150.41-1150.45, with a fee of $950. To be consistent with the
revisions that are being made to the fee schedule in this proceeding,
that fee item will be renumbered as Fee Item 14(ii) and the fee item
[proposed Fee Item 14(ii)] for petition for exemption under 49 U.S.C.
10502 relating to an exemption from the provisions of 49 U.S.C. 10902
will be renumbered as Fee Item 14(iii).
The Board also adopts the proposed modifications to update these
regulations to reflect the recent enactment of the ICC Termination Act
of 1995, Pub. L. No. 104-88, 109 Stat. 803.
The Board certifies that the fee changes adopted here will not have
a significant economic impact on a substantial number of small entities
because the modifications made in these rules and the Board's
regulations in 49 CFR 1002.2(e) provide for waiver of filing fees for
those entities which can make the required showing of financial
hardship.
Additional information is contained in the Board's decision. To
obtain a copy of the full decision, write, call, or pick up in person
from DC News & Data, Inc., Room 2229, 1201 Constitution Ave. NW.,
Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance for
the hearing impaired is available through TDD services (202) 927-5721.]
List of Subjects in 49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information, User fees.
Decided: August 2, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
part 1002, of the Code of Federal Regulations is amended as follows:
PART 1002--FEES
1. The authority citation for part 1002 continues to read as
follows:
Authority: 5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701 and 49
U.S.C. 721(a).
Sec. 1002.1 [Amended]
2. Section 1002.1 is amended as follows:
a. In the introductory paragraph remove the words ``Interstate
Commerce Commission'' and add in their place the words ``Surface
Transportation Board''.
b. In paragraph (e)(2) remove the word ``Commission's'' and add in
its place the word ``Board's''; remove the words ``Section of Systems
Development, Interstate Commerce Commission,'' and add in their place
the words ``System Services Branch, Surface Transportation Board,''.
c. In paragraph (f)(11) remove the word ``Commission's'' and add in
its place the word ``Board's''.
d. In the concluding text of paragraph (f)(14) remove the phrase
``ICC's Freedom of Information Office, 12th and Constitution Avenue
N.W. Room 3132, Washington, DC 20423.'' and add in their place the
words ``Surface Transportation Board's Freedom of Information Office,
Washington, DC 20423.''.
e. In paragraph (g) remove the words ``Interstate Commerce
Commission,'' and in their place add the words ``Surface Transportation
Board,''.
f. In paragraph (h) remove the word ``Commission's'' and in its
place add the word ``Board's''; remove the words ``Interstate Commerce
Commission,'' and in their place add the words ``Surface Transportation
Board,''
g. Paragraphs (b), (e)(1) and the chart in paragraph (f)(6) are
revised to read as follow:
Sec. 1002.1 Fees for records search, review, copying, certification,
and related services.
* * * * *
(b) Service involved in examination of tariffs or schedules for
preparation of certified copies of tariffs or schedules or extracts
therefrom at the rate of $24.00 per hour.
* * * * *
(e) * * *
(1) A fee of $42.00 per hour for professional staff time will be
charged when it is required to fulfill a request for ADP data.
* * * * *
(f) * * *
(6) * * *
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Grade Rate
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GS-1.......................................................... $7.13
GS-2.......................................................... 7.76
GS-3.......................................................... 8.75
GS-4.......................................................... 9.82
GS-5.......................................................... 10.99
GS-6.......................................................... 12.25
GS-7.......................................................... 13.61
GS-8.......................................................... 15.07
GS-9.......................................................... $16.65
GS-10......................................................... 18.33
GS-11......................................................... 20.14
GS-12......................................................... 24.14
GS-13......................................................... 28.71
GS-14......................................................... 33.93
GS-15 and over................................................ 39.91
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* * * * *
Sec. 1002.2 [Amended]
3. Section 1002.2 is amended as follows:
a. In paragraph (a)(2) introductory text remove the word
``Commission's'' and add in its place the word ``Board's''.
b. In paragraph (a)(2)(ii) after the words ``Debt Collection Act''
add the words ``of 1982'', remove the word ``Commission's'' and add in
its place the word ``Board's''.
c. In paragraph (a)(2)(iii) remove the words ``room 1330,
Interstate Commerce Commission, Washington, DC 20423:'' and add in
their place the words ``Surface Transportation Board, Washington,
DC:''.
d. In paragraph (a)(3) remove the words ``Interstate Commerce
Commission'' and add in their place the words ``Surface Transportation
Board''.
e. In paragraphs (b), (c), and (d)(4) remove the word
``Commission'' wherever it appears and add in its place the word
``Board''.
f. In paragraph (e), the heading, remove the first ``of'' and add
in its place the word ``or''. Also, in the introductory text,
paragraphs (e)(2), (e)(2)(i), and in the heading of paragraph
(e)(2)(iii) remove the word ``Commission'' and add in its place the
word ``Board''.
g. In paragraphs (g)(1), (g)(1)(ii), (g)(1)(iii) and (g)(2) remove
the word ``Commission'' wherever it appears and add in its place the
word ``Board''.
h. In Sec. 1002.2, paragraphs (a)(1), (d), and (f) are revised to
read as follows:
Sec. 1002.2 Filing fees.
(a) Manner of payment. (1) Except as specified in this section, all
filing fees will be payable at the time and place the application,
petition, notice, tariff, contract summary, or other document is
tendered for filing. The filing fee for tariffs, including schedules,
and contracts summaries including supplements (Item 78) may be charged
to tariff filing fee accounts established by the Board in accordance
with paragraph (a)(2) of this section.
* * * * *
(d) Related or consolidated proceedings. (1) Separate fees need not
be paid for related applications filed by the same applicant which
would be the subject of one proceeding.
[[Page 42192]]
(2) A separate fee will be assessed for the filing of an
application for temporary authority to operate a motor carrier of
passengers as provided for in paragraph (f)(5) of this section
regardless of whether such application is related to a corresponding
transfer proceeding as provided for in paragraph (f)(2) of this
section.
(3) The Board may reject concurrently filed applications,
petitions, notices, contracts, or other documents asserted to be
related and refund the filing fee if, in its judgment, they embrace two
or more severable matters which should be the subject of separate
proceedings.
* * * * *
(f) Schedule of filing fees.
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Type of proceeding Fee
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Part I: Non-Rail Applications or
Proceedings to Enter Upon a Particular
Financial Transaction or Joint
Arrangement:
(1) An application for the pooling or $2,400.
division of traffic.
(2) An application involving the $1,100.
purchase, lease, consolidation,
merger, or acquisition of control of a
motor carrier of passengers under 49
U.S.C. 14303.
(3) An application for approval of a $15,400.
non-rail rate association agreement.
49 U.S.C. 13706.
(4) An application for approval of an
amendment to a non-rail rate
association agreement:
(i) Significant amendment.......... $2,500.
(ii) Minor amendment............... $50.
(5) An application for temporary $250.
authority to operate a motor carrier
of passengers. 49 U.S.C. 14303(i).
(6)-(10) [Reserved]
Part II: Rail Licensing Proceedings other
than Abandonment or Discontinuance
Proceedings:
(11) (i) An application for a $4,000.
certificate authorizing the extension,
acquisition, or operation of lines of
railroad. 49 U.S.C. 10901.
(ii) Notice of exemption under 49 $1,000.
CFR 1150.31-1150.35.
(iii) Petition for exemption under $7,000.
49 U.S.C. 10502 (except petitions
involving construction of a rail
line).
(12) An application or a petition for $41,700.
exemption under 49 U.S.C. 10502
involving the construction of a rail
line.
(13) A Feeder Line Development Program $2,600.
application filed under 49 U.S.C.
10907(b)(1)(A)(i) or
10907(b)(1)(A)(ii).
(14) (i) An application of a class II $3,400
or class III carrier to acquire an
extended or additional rail line under
49 U.S.C. 10902..
(ii) Notice of exemption under 49 $950.
CFR 1150.41-1150.45.
(iii) Petition for exemption under $3,700.
49 U.S.C. 10502 relating to an
exemption from the provisions of
49 U.S.C. 10902.
(15) A notice of a modified certificate $950.
of public convenience and necessity
under 49 CFR 1150.21-1150.24.
(16)-(20) [Reserved]
Part III: Rail Abandonment or
Discontinuance of Transportation Services
Proceedings:
(21) (i) An application for authority $12,400.
to abandon all or a portion of a line
of railroad or discontinue operation
thereof filed by a railroad (except
applications filed by Consolidated
Rail Corporation pursuant to the
Northeast Rail Service Act [Subtitle E
of Title XI of Pub. L. 97-35],
bankrupt railroads, or exempt
abandonments).
(ii) Notice of an exempt $2,000.
abandonment or discontinuance
under 49 CFR 1152.50.
(iii) A petition for exemption $3,500.
under 49 U.S.C. 10502.
(22) An application for authority to $250.
abandon all or a portion of a line of
a railroad or operation thereof filed
by Consolidated Rail Corporation
pursuant to Northeast Rail Service Act.
(23) Abandonments filed by bankrupt $1,000.
railroads.
(24) A request for waiver of filing $1,000.
requirements for abandonment
application proceedings.
(25) An offer of financial assistance $900.
under 49 U.S.C. 10904 relating to the
purchase of or subsidy for a rail line
proposed for abandonment.
(26) A request to set terms and $12,700.
conditions for the sale of or subsidy
for a rail line proposed to be
abandoned.
(27) A request for a trail use $150.
condition in an abandonment proceeding
under 16 U.S.C. 1247(d).
(28)-(35) [Reserved]
Part IV: Rail Applications to Enter Upon a
Particular Financial Transaction or Joint
Arrangement:
(36) An application for use of terminal $10,600.
facilities or other applications under
49 U.S.C. 11102.
(37) An application for the pooling or $5,700.
division of traffic. 49 U.S.C. 11322.
(38) An application for two or more
carriers to consolidate or merge their
properties or franchises (or a part
thereof) into one corporation for
ownership, management, and operation
of the properties previously in
separate ownership. 49 U.S.C. 11324:
(i) Major transaction.............. $830,500.
(ii) Significant transaction....... $166,100.
(iii) Minor transaction............ $3,400.
(iv) Notice of an exempt $950.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $3,400.
(vi) Petition for exemption under $5,200.
49 U.S.C. 10502.
(39) An application of a non-carrier to
acquire control of two or more
carriers through ownership of stock or
otherwise. 49 U.S.C. 11324:
(i) Major transaction.............. $830,500.
(ii) Significant transaction....... $166,100.
(iii) Minor transaction............ $3,400.
(iv) A notice of an exempt $750.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $3,400.
(vi) Petition for exemption under $5,200.
49 U.S.C. 10502.
(40) An application to acquire trackage
rights over, joint ownership in, or
joint use of any railroad lines owned
and operated by any other carrier and
terminals incidental thereto. 49
U.S.C. 11324:
(i) Major transaction.............. $830,500.
(ii) Significant transaction....... $166,100.
(iii) Minor transaction............ $3,400.
(iv) Notice of an exempt $650.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $3,400.
[[Page 42193]]
(vi) Petition for exemption under $5,200.
49 U.S.C. 10502.
(41) An application of a carrier or
carriers to purchase, lease, or
contract to operate the properties of
another, or to acquire control of
another by purchase of stock or
otherwise. 49 U.S.C. 11324:
(i) Major transaction.............. $830,500.
(ii) Significant transaction....... $166,100.
(iii) Minor transaction............ $3,400.
(iv) Notice of an exempt $800.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $3,400.
(vi) Petition for exemption under $3,700.
49 U.S.C. 10502.
(42) Notice of a joint project $1,300.
involving relocation of a rail line
under 49 CFR 1180.2(d)(5).
(43) An application for approval of a $39,000.
rail rate association agreement. 49
U.S.C. 10706.
(44) An application for approval of an
amendment to a rail rate association
agreement. 49 U.S.C. 10706:
(i) Significant amendment.......... $7,200.
(ii) Minor amendment............... $50
(45) An application for authority to $400.
hold a position as officer or director
under 49 U.S.C. 11328.
(46) A petition for exemption under 49 $4,400.
U.S.C. 10502 (other than a rulemaking)
filed by rail carrier not otherwise
covered.
(47) National Railroad Passenger $150.
Corporation (Amtrak) conveyance
proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger $150.
Corporation (Amtrak) compensation
proceeding under Section 402(a) of the
Rail PassengerService Act.
(49)-(55) [Reserved]
Part V: Formal Proceedings:
(56) A formal complaint alleging
unlawful rates or practices of rail
carriers, motor carriers of passengers
or motor carriers of household goods:
(i) A formal complaint filed under $1,000.
the coal rate guidelines (Stand-
Alone Cost Methodology) alleging
unlawful rates and/or practices of
rail carriers under 49 U.S.C.
10704(c)(1).
(ii) All other formal complaints... $1,000.
(57) A complaint seeking or a petition $4,900.
requesting institution of an
investigation seeking the prescription
or division of joint rates, or
charges. 49 U.S.C. 10705.
(58) A petition for declaratory order:
(i) A petition for declaratory $1,000.
order involving a dispute over an
existing rate or practice which is
comparable to a complaint
proceeding.
(ii) All other petitions for $1,400.
declaratory order.
(59) An application for shipper $3,900.
antitrust immunity. 49 U.S.C.
10706(a)(5)(A).
(60) Labor arbitration proceedings..... $7,600.
(61) Appeals to a Surface $150.
Transportation Board decision and
petitions to revoke an exemption
pursuant to 49 U.S.C. 10502(d).
(62) Motor carrier undercharge $150.
proceedings.
(63)-(75) [Reserved]
Part VI: Informal Proceedings:
(76) An application for authority to $650.
establish released value rates or
ratings for motor carriers and freight
forwarders of household goods under 49
U.S.C. 14706.
(77) An application for special $70.
permission for short notice or the
waiver of other tariff publishing
requirements.
(78) (i) The filing of tariffs, $1 per page. ($13 minimum
including supplements, or contract charge).
summaries.
(ii) Tariffs transmitted by fax.... $1 per page.
(79) Special docket applications from
rail and water carriers:
(i) Applications involving $25,000 $40.
or less.
(ii) Applications involving over $80.
$25,000.
(80) Informal complaint about rail rate $300.
applications.
(81) Tariff reconciliation petitions
from motor common carriers:
(i) Petitions involving $25,000 or $40.
less.
(ii) Petitions involving over $80.
$25,000.
(82) Request for a determination of the $100.
applicability or reasonableness of
motor carrier rates under 49 U.S.C.
13710(a) (2) and (3).
(83) Filing of documents for $22 per document.
recordation. 49 U.S.C. 11301 and 49
CFR 1177.3(c).
(84) Informal opinions about rate $100.
applications (all modes).
(85) A railroad accounting $600.
interpretation.
(86) An operational interpretation..... $800.
(87)-(95) [Reserved]
Part VII: Services:
(96) Messenger delivery of decision to $17 per delivery.
a railroad carrier's Washington, DC,
agent.
(97) Request for service or pleading $13 per list.
list for proceedings.
(98) (i) Processing the paperwork $150.
related to a request for the Carload
Waybill Sample to be used in a Surface
Transportation Board or State
proceeding that does not require a
Federal Register notice.
(ii) Processing the paperwork $350.
related to a request for Carload
Waybill Sample to be used for
reasons other than a Surface
Transportation Board or State
proceeding that requires a Federal
Register notice.
(99) (i) Application fee for the $100
Surface Transportation Board's
Practitioners' Exam.
(ii) Practitioners' Exam $25.
Information Package.
(100) Uniform Railroad Costing System
(URCS) software and information:
(i) Initial PC version URCS Phase $50.
III software program and manual.
(ii) Updated URCS PC version Phase $10.
III cost file, if computer disk
provided by requestor.
(iii) Updated URCS PC version Phase $20.
III cost file, if computer disk
provided by the Board.
(iv) Public requests for Source $500.
Codes to the PC version URCS Phase
III.
[[Page 42194]]
(v) PC version or mainframe version $400.
URCS Phase II.
(vi) PC version or mainframe $50.
version Updated Phase II databases.
(vii) Public requests for Source $1,500.
Codes to PC version URCS Phase II.
(101) Carload Waybill Sample data on
recordable compact disk (R-CD):
(i) Requests for Public Use File on $450.
R-CD--First Year.
(ii) Requests for Public Use File $150.
on R-CD Each Additional Year.
(iii) Waybill--Surface $650.
Transportation Board or State
proceedings on R-CD--First Year.
(iv) Waybill--Surface $450.
Transportation Board or State
proceedings on R-CD--Second Year
on same R-CD.
(v) Waybill--Surface Transportation $500.
Board of State proceeding on R-CD--
Second Year on different R-CD.
(vi) User Guide for latest $50.
available Carload Waybill Sample.
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Sec. 1002.3 [Amended]
4. Section Sec. 1002.3 is amended as follows:
a. In paragraph (a) remove the word ``Commission'' and add in its
place the word ``Board''.
b. In paragraph (d)(1) remove the word ``Commission'' and add in
its place the word ``Board''; remove the phrase ``the Commission's FY
1983-1984 User Fee Cost Study.'' and add in its place the phrase ``the
cost study set forth in Revision of Fees For Services, 1 I.C.C.2d 60
(1984) or subsequent cost studies.''.
c. In paragraph (d)(3)(i) remove the words ``and Bureaus''
following the words ``the Offices''.
d. In paragraph (d)(3)(ii) remove the word ``Commission'' wherever
it appears and add in its place the word ``Board''.
e. In paragraph (d)(4) add a period after the words ``Federal
Register'' and remove the remainder of the sentence.
[FR Doc. 96-20647 Filed 8-13-96; 8:45 am]
BILLING CODE 4915-00-P
