[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32071]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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INTERSTATE COMMERCE COMMISSION
49 CFR Part 1002
[Ex Parte No. 246 (Sub-No. 13)]
Regulations Governing Fees for Services Performed in Connection
With Licensing and Related Services--1995 Update
AGENCY: Interstate Commerce Commission.
ACTION: Final rule.
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SUMMARY: The Commission adopts its 1995 User Fee Update and revises its
fee schedule at this time to recover the cost associated with the
January 1995 Government salary increases.
EFFECTIVE DATE: These rules are effective on February 1, 1995.
FOR FURTHER INFORMATION CONTACT: Kathleen M. King, (202) 927-5493, or
for costing questions David T. Groves, (202) 927-6395. [TDD for the
hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Since 1985, the Commission has issued an
annual decision that updates its user fee schedule as required by the
regulations in 49 CFR 1002.3. In previous fee update decisions, which
generally were effective in October, the Commission's fees were revised
based on the cost study formula set forth at 49 CFR 1002.3(d). Also, in
certain years, selected fees were modified to reflect new cost study
data or changes in Commission fee policy.
In Regulations Governing Fees For Services--1994 Update, 10
I.C.C.2d 194 (1994), the Commission changed the regulations in 49 CFR
1002.3(a) to provide that the entire fee schedule, or selected fees,
could be modified more than once a year, if necessary. Because
Commission employees will receive a salary increase of 3.22% in January
1995, we are updating our user fees, effective February 1, 1995, to
recover our increased personnel cost. All fees will be updated based on
our cost formula contained in 49 CFR 1002.3(d).
The fee increases involved here result only from the mechanical
application of the update formula in 49 CFR 1002.3(d), which was
adopted through notice and comment procedures in Regulations Governing
Fees for Services--1987 Update, 4 I.C.C.2d 137 (1987). Therefore, we
believe that good cause exists for finding that notice and comment is
unnecessary for this proceeding. See Regulations Governing Fees For
Services--1990 Update, 7 I.C.C.2d 3 (1990), Regulations Governing Fees
For Services--1991 Update, 8 I.C.C.2d 13 (1991), and Regulations
Governing Fees For Services--1993 Update, 9 I.C.C.2d 855 (1993).
We conclude that these fee changes, which are being adopted here,
will not have a significant economic impact on a substantial number of
small entities, because the Commission's regulations provide for waiver
of filing fees for those entities which can make the required showing
of financial hardship.
Additional information is contained in the Commission's decision.
To obtain a copy of the full decision, write, call, or pick up in
person from Dynamic Concepts, Inc., Room 2229, Interstate Commerce
Commission Building, 1201 Constitution Avenue, N.W., 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: December 21, 1994.
By the Commission, Chairman McDonald, Vice Chairman Morgan,
Commissioners Simmons and 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), 5 U.S.C. 553, 31 U.S.C. 9701
and 49 U.S.C. 10321.
2. Section 1002.1 is amended by revising paragraphs (d) and (e)(1)
and the chart in paragraph (f)(6) to read as follows:
Sec. 1002.1 Fees for records search, review, copying, certification,
and related services.
* * * * *
(d) Electrostatic copies of tariffs, reports, and other public
documents, at the rate of $.80 per letter size or legal size exposure.
A minimum charge of $5.00 will be made for this service.
(e) * * *
(1) A fee of $41.00 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 Grade Rate
------------------------------------------------------------------------
GS-1...................... $6.95 GS-9..................... $16.24
GS-2...................... 7.57 GS-10.................... 17.88
GS-3...................... 8.53 GS-11.................... 19.64
GS-4...................... 9.58 GS-12.................... 23.54
GS-5...................... 10.72 GS-13.................... 28.00
GS-6...................... 11.94 GS-14.................... 33.08
GS-7...................... 13.27 GS-15 and over........... 38.92
GS-8...................... 14.70 .........................
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* * * * *
3. Section 1002.2 is amended by revising paragraph (f) to read as
follows:
Sec. 1002.2 Filing fees.
* * * * *
(f) Schedule of filing fees.
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Type of proceeding Fee
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Part I: Non-Rail Applications for
Operating Authority or Exemptions:
(1) An application for motor $300.
carrier operating authority; a
certificate of registration
including a certificate of
registration for certain foreign
carriers; broker authority;
water carrier operating or
exemption authority; or
household goods freight
forwarder authority.
(2) A fitness-only application 150.
for motor common carrier
authority under 49 U.S.C.
10922(b)(4)(E) or motor contract
authority under 49 U.S.C.
10923(b)(5)(A) to transport food
and related products.
(3) A petition to interpret or 2,900.
clarify an operating authority
under 49 CFR 1160.66.
(4) A request seeking the 50.
modification of operating
authority only to the extent of
making a ministerial correction,
when the original error was
caused by applicant, a change in
the name of the shipper or owner
of a plant site, or the change
of a highway name or number.
(5) A petition to renew authority 200.
to transport explosives under 49
U.S.C. 10922 or 10923.
(6) An application to remove 300.
restriction or broaden unduly
narrow authority.
(7) An application for authority 150.
to deviate from authorized
regular-route authority.
(8) An application for motor 100.
carrier or water carrier
temporary authority under 49
U.S.C. 10928.
(9) An application for motor 100.
carrier emergency temporary
authority under 49 U.S.C.
10928(c)(1).
(10) An extension of the time 27.
period during which an
outstanding application for
temporary or emergency temporary
authority as defined in 49
U.S.C. 10928 may continue.
(11) Request for name change of 13.
carrier, broker, or household
goods freight forwarder.
(12) A notice required by 49 150.
U.S.C. 10524(b) to engage in
compensated intercorporate
hauling including an updated
notice required by 49 CFR 1167.3.
(13) A notice of intent to 70.
operate under the agricultural
co-operative exemption in 49
U.S.C. 10526(a)(5).
(14) [Reserved]
(15) A joint petition to 30.
substitute applicant in a
pending operating rights
proceeding.
(16) [Reserved]
Part II: Non-Rail Proceedings to
Discontinue Transportation:
(17) A notice or petition to 12,000.
discontinue ferry service under
49 U.S.C. 10908.
(18) A petition to discontinue 1,000.
motor carrier of passenger
transportation in one State.
(19) [Reserved]
Part III: Non-Rail Applications or
Proceedings to Enter Upon a
Particular Financial Transaction or
Joint Arrangement:
(20) An application for the 2,300.
pooling or division of traffic.
(21) An application involving the 1,100.
purchase, lease, consolidation,
merger, or acquisition of
control of a motor or water
carrier or carriers under 49
U.S.C. 11343.
(22) An application for approval 14,600.
of a non-rail rate association
agreement. 49 U.S.C. 10706.
(23) An application for approval
of an amendment to a non-rail
rate association agreement:.
(i) Significant amendment.... 2,400.
(ii) Minor amendment......... 50.
(24) An application for temporary 250.
authority to operate a motor or
water carrier. 49 U.S.C. 11349.
(25) An application to transfer 300.
or lease a certificate or
permit, including a certificate
of registration, and a broker's
license under 49 U.S.C. 10926,
or a transfer of a water carrier
exemption authorized under 49
U.S.C. 10542 and 10544.
(26) [Reserved]
(27) A petition for exemption 300.
under 49 U.S.C. 11343(e).
(28)-(32) [Reserved].............
Part IV: Rail Licensing Proceedings
other than Abandonment or
Discontinuance Proceedings:
(33) (i) An application for a 3,800.
certificate authorizing the
construction, extension,
acquisition, or operation of
lines of railroad. 49 U.S.C.
10901.
(ii) Notice of exemption 950.
under 49 CFR 1150.31-1150.35.
(iii) Petition for exemption 3,000.
under 49 U.S.C. 10505.
(34) A Feeder Line Development 4,700.
Program application filed under
49 U.S.C. 10910(b)(1)(A)(i).
(35) A Feeder Line Development 2,600.
Program application filed under
49 U.S.C. 10910(b)(1)(A)(ii).
(36)-(37) [Reserved].............
Part V: Rail Abandonment or
Discontinuance of Transportation
Services Proceedings:
(38) (i) An application for 11,700.
authority 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 North East Rail
Service Act [Subtitle E of Title
XI of Pub. L. 97-35], bankrupt
railroads, or exempt
abandonments under 49 CFR
1152.50).
(ii) Notice of an exempt 1,900.
abandonments or
discontinuances under 49 CFR
1152.50.
(iii) A petition for 3,300.
exemption under 49 U.S.C.
10505.
(39) An application for authority 250.
to abandon all or a portion of a
line of a railroad or operation
thereof filed by Consolidated
Rail Corporation pursuant to
North East Rail Service Act.
(40) Abandonments filed by 1,000.
bankrupt railroads. 49 CFR
1152.40.
(41) [Reserved]..................
(42) A notice or petition to 11,900.
discontinue passenger train
service.
(43) [Reserved]..................
Part VI: Rail Applications to Enter
Upon a Particular Financial
Transaction or Joint Arrangement:
(44) An application for use of 10,000.
terminal facilities or other
applications under 49 U.S.C.
11103.
(45) An application for the 5,400.
pooling or division of traffic.
49 U.S.C. 11342.
(46) 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. 11343:
(i) Major transaction........ 196,900.
(ii) Significant transaction. 39,300.
(iii) Minor transaction...... 3,300.
(iv) Notice of an exempt 900.
transaction under 49 CFR
1180.2(d).
(v) Responsive application... 3,300.
(vi) Petition for exemption 3,625.
under 49 U.S.C. 10505.
(47) An application of a non-
carrier to acquire control of
two or more carriers through
ownership of stock or otherwise.
49 U.S.C. 11343:
(i) Major transaction........ 196,900.
(ii) Significant transaction. 39,300.
(iii) Minor transaction...... 3,300.
(iv) A notice of an exempt 700.
transaction under 49 CFR
1180.2(d).
(v) Responsive application... 3,300.
(vi) Petition for exemption 3,625.
under 49 U.S.C. 10505.
(48) 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. 11343:
(i) Major transaction........ 196,900.
(ii) Significant transaction. 39,300.
(iii) Minor transaction...... 3,300.
(iv) Notice of an exempt 650.
transaction under 49 CFR
1180.2(d).
(v) Responsive application... 3,300.
(vi) Petition for exemption 3,625.
under 49 U.S.C. 10505.
(49) 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. 11343:
(i) Major transaction........ 196,900.
(ii) Significant transaction. 39,300.
(iii) Minor transaction...... 3,300.
(iv) Notice of an exempt 750.
transaction under 49 CFR
1180.2(d).
(v) Responsive application... 3,300.
(vi) Petition for exemption 3,625.
under 49 U.S.C. 10505.
(50) An application for a 39,300.
determination of fact of
competition. 49 U.S.C.
11321(a)(2) or (b).
(51) An application for approval 37,000.
of a rail rate association
agreement. 49 U.S.C. 10706.
(52) An application for approval
of an amendment to a rail rate
association agreement. 49 U.S.C.
10706:
(i) Significant amendment.... 6,800.
(ii) Minor amendment......... 50.
(53) An application for authority 400.
to hold a position as officer or
director. 49 U.S.C. 11322.
(54) (i) An application to issue 1,700.
securities; an application to
assume obligation or liability
in respect to securities of
another; an application or
petition for modification of an
outstanding authorization; or an
application for competitive
bidding requirements of Ex Parte
No. 158, under 49 CFR part 1175
and 49 U.S.C. 11301.
(ii) Notice of an exempt 150.
transaction under 49 CFR
part 1175.
(55) A petition for exemption 1,625.
under 49 U.S.C. 10505 (other
than a rulemaking) filed by rail
carriers not otherwise covered.
(56)-(59) [Reserved].............
Part VII: Formal Proceedings:
(60) A complaint alleging 1,000.
unlawful rates or practices of
carriers, property brokers, or
freight forwarders of household
goods.
(61) A complaint seeking or a 4,700.
petition requesting institution
of an investigation seeking the
prescription or division of
joint rates, fares, or charges.
49 U.S.C. 10705(f)(1)(A).
(62) A petition for declaratory
order:
(i) A petition for 1,000.
declaratory order involving
dispute over an existing
rate or practice which is
comparable to a complaint
proceedings.
(ii) All other petitions for 1,400.
declaratory order.
(63) Requests for nationwide and 8,200.
regional collectively filed
general rate increases and major
rate restructures accompanied by
supporting cost and financial
information justifying the
increases.
(64) A petition for exemption 300.
from filing tariffs by bus
carriers.
(65) An applicaton for shipper 3,700.
antitrust immunity. 49 U.S.C.
10706(a)(5)(A).
(66) Petition for review of State 1,000.
regulation of intrastate rates,
rules, or practices filed by
interstate rail carriers. 49
U.S.C. 11501.
(67) Petition for review of State 2,300.
regulation of intrastate rates,
rules, or practices filed by
interstate bus carriers. 49
U.S.C. 11501.
(68)-(71) [Reserved].............
Part VIII: Informal Proceedings:
(72) An application for authority 650.
to establish released value
rates or ratings under 49 U.S.C.
10730 (except that no fee will
be assessed for applications
seeking such authority in
connection with reduced rates
established to relieve distress
caused by drought or other
natural disaster).
(73) An application for special 60.
permission for short notice or
the waiver of other tariff
publishing requirements.
(74) (i) The filing of tariffs, 13 per series transmitted.
rate schedules, contracts, and/
or contract summaries, incuding
supplements.
(ii) Tariffs transmitted by 1 per page.
fax.
(75) (i) Special docket 80.
applications from rail and water
carriers (involving sums of more
than $25,000).
(ii) Special docket 40.
application involving sums
of $25,000 or less.
(76) Informal complaint about 300.
rail rate application.
(77) (i) An application for 4,000.
original qualification as self-
insurer for injury and property
damage insurance (BI&PD).
(ii) An application for 400.
original qualification as
self-insurer for cargo
insurance.
(78) A service fee for insurer, $10 per accepted certificate or
surety, or self-insurer accepted other instrument in lieu of a
certificate of insurance, surety broker surety bond.
bond, or other instrument
submitted in lieu of a broker
surety bond.
(79) A petition for waiver of any 450.
provision of the lease and
interchange regulations. 49 CFR
Part 1057.
(80) A petition for reinstatment 70.
of revoked operating authority.
(81) Tariff reconciliation
petitions from motor common
carriers:
(i) Petitions involving 40.
$25,000 or less.
(ii) Petitions involving over 80.
$25,000.
(82) [Reserved].
(83) Petition for reinstatement 400.
of a dismissed operating rights
application.
(84) Filing of documents for 21 per document.
recordation. 49 U.S.C. 11303 and
49 CFR 1177.3(c).
(85) Valuations of railroad lines 1,500.
in conjunction with purchase
offers or subsidies in
abandonment proceedings.
(86) Informal opinions about rate 50.
applications (all modes).
(87) (i) A railroad accounting 600.
interpretation.
(ii) A motor carrier 150.
accounting interpretation.
(88) An operational 750.
interpretation.
(89)-(95) [Reserved].
Part IX: Services:
(96) Messenger delivery of 17 per delivery.
decision to a railroad carrier's
Washington, DC, agent.
(97) Request for service or 13 per list.
pleading list for proceedings.
(98) Requests for copies of the 150.
1% carload waybill sample.
(99) Verification of surcharge 22 per movement verified.
level pursuant to Ex Parte No.
389, Procedures for Requesting
Rail Variable Cost & Revenue
Determination for Joint Rates
Subject to Surcharge or
Cancellation.
(100) (i) Application fee for 100.
Interstate Commerce Commission
Practitioners' Exam.
(ii) Practitioners' Exam 25.
Information Package.
(101) Uniform Railroad Costing
System (URCS) software and
information:
(i) Initial PC version URCS 25.
Phase III software program
and manual.
(ii) Updated URCS PC version 5.
Phase III cost file, if
diskette provided by
requestor.
(iii) Updated URCS PC version 10.
Phase III cost file, if
diskette provided by the
Commission.
(iv) Public requests for 500.
Source Codes to the PC
version URCS Phase III.
(v) PC version or mainframe 200.
version URCS Phase II.
(vi) PC version or mainframe 25.
version Updated Phase II
databases.
(vii) Public requests for 1,000.
Source Codes to PC version
URCS Phase II.
(102) Faxed copies of operating 5.
authority to applicants or their
representatives who did not
receive a served copy.
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[FR Doc. 94-32071 Filed 12-29-94; 8:45 am]
BILLING CODE 7035-01-P
