99-3510. Fees for Services Performed in Connection With Motor Carrier Registration and Insurance  

  • [Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
    [Rules and Regulations]
    [Pages 7134-7139]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-3510]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Highway Administration
    
    49 CFR Part 360
    
    RIN 2125-AE24
    
    
    Fees for Services Performed in Connection With Motor Carrier 
    Registration and Insurance
    
    AGENCY: Federal Highway Administration (FHWA), DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This document adopts filing fees and fee collection 
    regulations for the motor carrier registration and insurance functions 
    transferred to the FHWA as a result of the enactment of the ICC 
    Termination Act of 1995 (ICCTA). The effect of this rule is to make 
    these fees and regulations applicable to registration and insurance 
    filings made with the FHWA.
    
    DATES: This rule is effective March 15, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Thomas T. Vining, Licensing and 
    Insurance Division, Office of Motor Carrier Information Analysis, HIA-
    30, (202) 358-7028; or Mr. Michael Falk, Office of the Chief Counsel, 
    (202) 366-0834, Federal Highway Administration, 400 Seventh Street, 
    SW., Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 
    p.m. e.t., Monday through Friday, except Federal holidays.
    
    SUPPLEMENTARY INFORMATION:
    
    Electronic Access
    
        An electronic copy of this document may be downloaded using a modem 
    and suitable communications software from the Government Printing 
    Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
    users may reach the Federal Register's home page at: http://
    www.nara.gov/fedreg and the Government Printing Office's database at: 
    http://www.access.gpo.gov/nara.
    
    Background
    
        The ICCTA (Pub. L. 104-88, 109 Stat. 803) which was enacted on 
    December 29, 1995, abolished the Interstate Commerce Commission (ICC). 
    The ICCTA transferred many of the ICC's motor carrier functions to the 
    Secretary of Transportation. In particular, the former ICC's licensing 
    and insurance functions, relating to operations by for-hire motor 
    carriers, property brokers, and freight forwarders in interstate or 
    foreign commerce, were transferred to the Secretary and are now 
    performed by the FHWA, Office of Motor Carrier Information Analysis, 
    Licensing and
    
    [[Page 7135]]
    
    Insurance Division. The ICC's remaining rail and motor carrier rate 
    functions were transferred to the Surface Transportation Board (STB), a 
    new entity, established within the DOT.
        Section 204, the savings provision of ICCTA, provides that all 
    regulations previously issued by the ICC continue in effect according 
    to their terms until modified or terminated. All of the ICC 
    regulations, including those related to filing fees, previously 
    codified at 49 CFR Part 1002, were transferred to the STB in the final 
    rule entitled ``Transfer of Regulations from the Interstate Commerce 
    Commission to the Surface Transportation Board Pursuant to the ICC 
    Termination Act of 1995,'' 61 FR 1842 (January 24, 1996). The STB 
    issued a notice of proposed rulemaking that proposed to modify the 
    filing fees related to functions retained by the STB and to eliminate 
    all filing fees related to the motor carrier functions transferred to 
    the FHWA. See ``Regulations Governing Fees For Services In Connection 
    With Licensing and Related Services--1996 Update,'' 61 FR 15208 (April 
    5, 1996) (1996 Fee Update). The Board's final decision was issued in 
    Regulations Governing Fees for Service, 1 S.T.B. 179 (1996) 61 FR 42190 
    (August 14, 1996). Consequently, the FHWA is issuing this final rule to 
    preserve the filing fees and fee regulations pertaining to the FHWA's 
    new motor carrier functions as part of the FHWA's regulations.
        Revenues from these fees directly support the licensing and 
    insurance functions transferred from the former ICC to the FHWA. For 
    this reason, these fees may differ somewhat from fees for other similar 
    services performed by the FHWA.
    
    Section-By-Section Analysis
    
    Record Search and Copying Fees
    
        A new section codified at 49 CFR 360.1 will provide specific fees 
    for record searches, and the review, copying, and certification of the 
    FHWA's public records related to motor carriers. These fees cover 
    charges for searching and copying records maintained in the FHWA 
    microfilm, paper files, or computer databases.
        The STB's regulations at 49 CFR 1002.1 from which these regulations 
    are derived also contain provisions related to searches of records not 
    considered public under the Freedom of Information Act (FOIA), 5 U.S.C. 
    552. Those provisions are not carried over in this new section, 
    however, because FOIA requests for the FHWA records are covered by 
    existing DOT regulations at 49 CFR Part 7.
    
    Fee Processing Regulations and Schedule of Filing Fees
    
        A new section at 49 CFR 360.3 will contain the general fee 
    processing regulations and the schedule of filing fees related to the 
    motor carrier registration and insurance functions that now are 
    performed by the FHWA pursuant to the ICCTA. These general fee 
    regulations will establish the following policies and procedures:
        (1) How and when filing fees must be paid;
        (2) The procedure for opening a billing account for insurance 
    filings and the terms and conditions for such an account;
        (3) The policy that fees are not refundable;
        (4) The policy regarding fees for related or consolidated 
    proceedings;
        (5) The policy and procedure for a request for waiver or reduction 
    of a filing fee; and
        (6) The policy for checks returned to the FHWA by a bank or other 
    financial institution.
        The schedule of filing fees set forth in this new section contains 
    the description of all fee items related to the motor carrier licensing 
    and insurance functions that were transferred to the FHWA. The fee 
    items in the schedule of filing fees set forth in Sec. 360.3(f) cover 
    such activities as motor carrier registration applications, name 
    changes for motor carriers, property brokers, or freight forwarders, 
    insurance filings, and self-insurance applications.1 Some 
    fee item references have been modified to more accurately describe the 
    activity covered by the fee item and to remove or revise outdated 
    regulatory and statutory citations. In addition, many fee items have 
    been renumbered because of the elimination of various fee items and the 
    desirability of grouping together similar fee items. These fee items 
    were formerly found at 49 CFR 1002.2.
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        \1\ On September 23, 1997, the FHWA published an advance notice 
    of proposed rulemaking to examine, in part, the need for assessing 
    additional fees for processing and monitoring activities associated 
    with the self-insurance program. See FHWA Docket No. FHWA-97-2923, 
    MC-97-11, ``Qualifications of Motor Carriers to Self-Insure Their 
    Operations and Fees to Support The Approval and Compliance 
    Process,'' 62 FR 49654. On September 29, 1997, the FHWA corrected 
    the assigned FHWA docket number and address for submission of 
    comments at 62 FR 50892. The final rule being announced here does 
    not address the issues covered in that proceeding.
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    Fee Update Procedure and Cost Update Formula
    
        New Sec. 360.5 provides that fees may be updated as deemed 
    necessary by the FHWA according to the cost update formula set forth in 
    that section. These regulations also provide that notices of fee 
    updates will be published in the Federal Register and will be effective 
    30 days after publication of the update notice. In addition, the 
    regulations set forth the formula for rounding updated fees.
    
    Fee Levels
    
        The ICCTA included a provision codified at 49 U.S.C. 13908 which 
    directs the Secretary to issue regulations to replace the former ICC 
    registration and insurance programs, the DOT identification number 
    system, and possibly the single State registration system under 49 
    U.S.C. 14504 with a single, on-line, Federal system. The new system 
    will serve as a clearinghouse and depository for information on, and 
    identification of, foreign and domestic motor carriers, brokers, and 
    freight forwarders required to register with the DOT. An advance notice 
    of proposed rulemaking which sought comments on the parameters of the 
    new system was published in FHWA Docket No. MC-96-25, FHWA 97-2349, 
    ``Motor Carrier Replacement/Information System,'' 61 FR 43816 (August 
    26, 1996). Thus, the registration and insurance fees adopted here will 
    only apply during the transition period to the new system.
        The ICC's last user fee update, which established the ICC's filing 
    fees at the 1995 cost level, was effective on February 1, 1995. See 
    ``Regulations Governing Fees for Services In Connection With Licensing 
    and Related Services-1995 Update,'' 59 FR 67642 (December 30, 1994). 
    The FHWA's schedule of fees will be updated to 1996 cost levels based 
    on the costing formula in Sec. 360.5. Because this is a transition 
    period, complete FHWA budget data that would be necessary to develop 
    various factors of the cost update formula are not available. 
    Therefore, the FHWA will use the same update factor calculations that 
    STB used in its 1996 Fee Update. In any future update proceedings, the 
    FHWA budget data will be used to develop the cost update factors.
        Accordingly, for this fee update, the direct labor cost data for 
    all fees have been revised to reflect the combined 1996 governmentwide 
    general salary and the 1996 locality salary increase of 2.54 percent 
    that took effect in January 1996.2 The Government Fringe 
    Benefit
    
    [[Page 7136]]
    
    Cost used in the cost update formula is 49.55 percent. Based on fiscal 
    year 1995 actual budget data, the Office General and Administrative 
    Expense Factor is 26.73 percent for 1996. The General and 
    Administrative Expense Factor for 1996 is 11.36 percent. The Operations 
    Overhead Factor, which is developed from fiscal year 1995 payroll data, 
    is 13.97 percent for 1996. The 1996 fully distributed cost for each 
    item developed from these factors is set forth in the appendix of this 
    document. The appendix will not appear in the Code of Federal 
    Regulations.
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        \2\ The 1996 governmentwide general salary increase of 2.00 
    percent and the 1996 locality salary increase for the Washington, 
    DC, area of 0.54 percent make up the combined 2.54 percent increase. 
    The Washington, DC, locality salary increase is relied on because 
    all employees involved in these fee activities are located in the 
    Washington, DC, area.
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        The fully distributed cost increased for all items. Due to the 
    rounding procedures set forth in Sec. 360.5(e), however, not all fees 
    will change. The actual filing fees are set forth in Sec. 360.3(f).
        In this rulemaking proceeding the FHWA is adopting the ICC's fee 
    regulations related to the recently transferred motor carrier functions 
    without any substantive changes. Therefore, these regulations impose no 
    new burdens on the public.
        The fee update regulations in Sec. 360.5 provide that updated fees 
    are to be published in the Federal Register and are to be effective 30 
    days after publication. In previous update proceedings in which the 
    former ICC only modified its filing fees on the basis of the cost 
    update formula, the updated fee schedule was issued as a final rule 
    without prior notice and comment. See ``Regulations Governing Fees for 
    Services In Connection With Licensing and Related Services--1995 
    Update,'' 59 FR 67642 (December 30, 1994); Regulations Governing Fees 
    for Services-1993 Update, 9 I.C.C.2d 855 (1993); Regulations Governing 
    Fees for Services-1991 Update, 8 I.C.C. 2d 13 (1991); and Regulations 
    Governing Fees for Services-1990 Update, 7 I.C.C. 2d 855 (1990). The 
    FHWA will follow that precedent and establish its filing fees at the 
    1996 cost level without prior notice and comment because this fee 
    update only involves the mechanical application of the cost update 
    formula. For these reasons and because this rule imposes no significant 
    burdens on the public, the FHWA finds good cause to make this 
    regulation final without prior notice and opportunity for comments 
    under the Administrative Procedure Act.
    
    Rulemaking Analyses and Notices
    
        The FHWA believes that prior notice and opportunity for comment are 
    unnecessary under 5 U.S.C. 553(b)(3)(B). The FHWA is not exercising 
    discretion in a way that could be meaningfully affected by public 
    comments. In this rulemaking, the former ICC's filing fee regulations 
    related to the motor carrier functions transferred to the FHWA are 
    being recodified as FHWA regulations. Additionally, three fees items 
    (for name changes, for self-insurance applications, and for 
    reinstatement of revoked operating authority) are being increased as a 
    result of the mechanical application of a cost formula originally 
    adopted by the ICC after notice and comment. The public will also have 
    sufficient advance notice of changes in the three fee items because 
    these changes and the underlying regulations will be effective on 30 
    days notice as provided in the regulations adopted here in Sec. 360.5.
    
    Executive Order 12866 (Federal Regulation) and DOT Regulatory 
    Policies and Procedures
    
        The FHWA has determined that this action is not a significant 
    regulatory action under Executive Order 12866, or significant within 
    the meaning of Department of Transportation regulatory policies and 
    procedures. This regulatory action is not likely to have an annual 
    effect on the economy of $100 million or more. In addition, it is not 
    expected to cause an adverse effect on any sector of the economy 
    because this rule will simply move certain regulations from one part of 
    the CFR to another and make incremental adjustments to three filing 
    fees. It will not impose any significant burden on the public. No 
    serious inconsistency or interference with another agency's actions or 
    plans will result because this rulemaking is designed to facilitate the 
    transfer of the former ICC's motor carrier functions and related 
    programs to the FHWA. In light of this analysis, the FHWA finds that a 
    full regulatory evaluation is not required.
    
    Regulatory Flexibility Act
    
        In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
    5 U.S.C. 601-612), the agency has evaluated the effects of this 
    rulemaking on small entities. The fee structure remains the same, and 
    any fee increases are incremental. Moreover, with the exception of the 
    unchanged $10 fee for insurance filings made by insurance companies, 
    the fee items are not assessed against any individual on a regular 
    basis. Accordingly, the FHWA certifies that the action contained in 
    this document will not have a significant economic impact on a 
    substantial number of small entities.
    
    Unfunded Mandates Reform Act
    
        The FHWA has determined that this rule does not impose any unfunded 
    mandates on State, local, or tribal governments in the aggregate, or on 
    the private sector, of $100 million or more in any one year, as 
    required by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532).
    
    Executive Order 12612 (Federalism Assessment)
    
        This action has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 12612, and it has been determined 
    that this rulemaking does not have sufficient federalism implications 
    to warrant the preparation of a federalism assessment. Thus, an 
    analysis of the federalism issue raised by issuance of these filing fee 
    regulations is not required for the purposes of this rulemaking.
    
    Executive Order 12372 (Intergovernmental Review)
    
        Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
    Carrier Safety. The regulations implementing Executive Order 12372 
    regarding intergovernmental consultation on Federal programs and 
    activities do not apply to this program.
    
    Paperwork Reduction Act
    
        This action does not contain a collection of information 
    requirement for purposes of the Paperwork Reduction Act of 1995, 44 
    U.S.C. 3501-3520.
    
    National Environmental Policy Act
    
        The agency has analyzed this rulemaking for the purpose of the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
    has determined that this action would not have any effect on the 
    quality of the environment.
    
    Regulatory Identification Number
    
        A regulatory identification number (RIN) is assigned to each 
    regulatory action listed in the Unified Agenda of Federal Regulations. 
    The Regulatory Information Service Center publishes the Unified Agenda 
    in April and October of each year. The RIN contained in the heading of 
    this document can be used to cross reference this action with the 
    Unified Agenda.
    
    Lists of Subjects in 49 CFR Part 360
    
        Administrative practice and procedure, Fees, Insurance, and Motor 
    carriers.
    
        Issued on: February 4, 1999.
    Kenneth R. Wykle,
    Federal Highway Administrator.
    
        In consideration of the foregoing, the FHWA is amending title 49, 
    Code of Federal Regulations, Chapter III, by adding Part 360 to read as 
    follows:
    
    [[Page 7137]]
    
    PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE
    
    Sec.
    360.1  Fees for records search, review, copying, certification, and 
    related services.
    360.3  Filing fees.
    360.5  Updating user fees.
    
        Authority: 31 U.S.C. 9701; 49 U.S.C. 13908(c) and 14504(c)(2); 
    and 49 CFR 1.48.
    
    
    Sec. 360.1  Fees for records search, review, copying, certification, 
    and related services.
    
        Certifications and copies of public records and documents on file 
    with the Federal Highway Administration will be furnished on the 
    following basis, pursuant to the Freedom of Information Act regulations 
    at 49 CFR Part 7:
        (a) Certificate of the Director, Office of Motor Carrier 
    Information Analysis, as to the authenticity of documents, $9.00;
        (b) Service involved in checking records to be certified to 
    determine authenticity, including clerical work, etc., incidental 
    thereto, at the rate of $16.00 per hour;
        (c) Electrostatic copies of the 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; and
        (d) Search and copying services requiring ADP processing, as 
    follows:
        (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.
        (2) The fee for computer searches will be set at the current rate 
    for computer service. Information on those charges can be obtained from 
    the Chief, Licensing and Insurance Division.
        (3) Printing shall be charged at the rate of $.10 per page of 
    computer generated output with a minimum charge of $.25. A charge of 
    $30 per reel of magnetic tape will be made if the tape is to be 
    permanently retained by the requestor.
    
    
    Sec. 360.3  Filing fees.
    
        (a) Manner of payment. (1) Except for the insurance fees described 
    in the next sentence, all filing fees will be payable at the time and 
    place the application, petition, or other document is tendered for 
    filing. The service fee for insurance, surety or self-insurer accepted 
    certificate of insurance, surety bond or other instrument submitted in 
    lieu of a broker surety bond must be charged to an insurance service 
    account established by the Federal Highway Administration in accordance 
    with paragraph (a)(2) of this section.
        (2) Billing account procedure. A written request must be submitted 
    to the Office of Motor Carrier Information Analysis, Licensing and 
    Insurance Division, to establish an insurance service fee account.
        (i) Each account will have a specific billing date within each 
    month and a billing cycle. The billing date is the date that the bill 
    is prepared and printed. The billing cycle is the period between the 
    billing date in one month and the billing date in the next month. A 
    bill for each account which has activity or an unpaid balance during 
    the billing cycle will be sent on the billing date each month. Payment 
    will be due 20 days from the billing date. Payments received before the 
    next billing date are applied to the account. Interest will accrue in 
    accordance with 4 CFR 102.13.
        (ii) The Debt Collection Act of 1982, including disclosure to the 
    consumer reporting agencies and the use of collection agencies, as set 
    forth in 4 CFR 102.5 and 102.6 will be utilized to encourage payment 
    where appropriate.
        (iii) An account holder who files a petition in bankruptcy or who 
    is the subject of a bankruptcy proceeding must provide the following 
    information to the Office of Motor Carrier Information Analysis, 
    Licensing and Insurance Division:
        (A) The filing date of the bankruptcy petition;
        (B) The court in which the bankruptcy petition was filed;
        (C) The type of bankruptcy proceeding;
        (D) The name, address, and telephone number of its representative 
    in the bankruptcy proceeding; and
        (E) The name, address, and telephone number of the bankruptcy 
    trustee, if one has been appointed.
        (3) Fees will be payable to the Federal Highway Administration by a 
    check payable in United States currency drawn upon funds deposited in a 
    United States or foreign bank or other financial institution, money 
    order payable in United States' currency, or credit card (VISA or 
    MASTERCARD).
        (b) Any filing that is not accompanied by the appropriate filing 
    fee is deficient except for filings that satisfy the deferred payment 
    procedures in paragraph (a) of this section.
        (c) Fees not refundable. Fees will be assessed for every filing in 
    the type of proceeding listed in the schedule of fees contained in 
    paragraph (f) of this section, subject to the exceptions contained in 
    paragraphs (d) and (e) of this section. After the application, 
    petition, or other document has been accepted for filing by the Federal 
    Highway Administration, the filing fee will not be refunded, regardless 
    of whether the application, petition, or other document is granted or 
    approved, denied, rejected before docketing, dismissed, or withdrawn.
        (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. (This does not mean requests 
    for multiple types of operating authority filed on forms in the OP-1 
    series under the regulations at 49 CFR part 365. A separate filing fee 
    is required for each type of authority sought in each transportation 
    mode, e.g., common, contract, and broker authority for motor property 
    carriers.)
        (2) Separate fees will be assessed for the filing of temporary 
    operating authority applications as provided in paragraph (f)(6) of 
    this section, regardless of whether such applications are related to an 
    application for corresponding permanent operating authority.
        (3) The Federal Highway Administration may reject concurrently 
    filed applications, petitions, 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.
        (e) Waiver or reduction of filing fees. It is the general policy of 
    the Federal Highway Administration not to waive or reduce filing fees 
    except as described as follows:
        (1) Filing fees are waived for an application or other proceeding 
    which is filed by a Federal government agency, or a State or local 
    government entity. For purposes of this section the phrases ``Federal 
    government agency'' or ``government entity'' do not include a quasi-
    governmental corporation or government subsidized transportation 
    company.
        (2) In extraordinary situations the Federal Highway Administration 
    will accept requests for waivers or fee reductions in accordance with 
    the following procedure:
        (i) When to request. At the time that a filing is submitted to the 
    Federal Highway Administration the applicant may request a waiver or 
    reduction of the fee prescribed in this part. Such request should be 
    addressed to the Director, Office of Motor Carrier Information 
    Analysis.
        (ii) Basis. The applicant must show the waiver or reduction of the 
    fee is in the best interest of the public, or that payment of the fee 
    would impose an undue hardship upon the requestor.
    
    [[Page 7138]]
    
        (iii) Federal Highway Administration action. The Director, Office 
    of Motor Carrier Information Analysis, will notify the applicant of the 
    decision to grant or deny the request for waiver or reduction.
        (f) Schedule of filing fees.
    
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               Type of Proceeding                                                                     Fee
    ----------------------------------------------------------------------------------------------------------------
    Part I: Licensing:
      (1)...................................  An application for motor carrier operating  $300
                                               authority, a certificate of registration
                                               for certain foreign carriers, property
                                               broker authority, or freight forwarder
                                               authority.
      (2)...................................  A petition to interpret or clarify an       3,000
                                               operating authority.
      (3)...................................  A request seeking the modification of       50
                                               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.
      (4)...................................  A petition to renew authority to transport  250
                                               explosives.
      (5)...................................  An application for authority to deviate     150
                                               from authorized regular-route authority.
      (6)...................................  An application for motor carrier temporary  100
                                               authority issued in an emergency
                                               situation.
      (7)...................................  Request for name change of a motor          14
                                               carrier, property broker, or freight
                                               forwarder.
      (8)--(49).............................  [Reserved]................................  ..........................
    Part II: Insurance:
      (50)..................................  (i) An application for original             4,200
                                               qualification as self-insurer for bodily
                                               injury and property damage insurance
                                               (BI&PD).
                                              (ii) An application for original            420
                                               qualification as self-insurer for cargo
                                               insurance.
      (51)..................................  A service fee for insurer, surety, or self- $10 per accepted
                                               insurer accepted certificate of             certificate, surety bond
                                               insurance, surety bond, and other           or other instrument
                                               instrument submitted in lieu of a broker    submitted in lieu of a
                                               surety bond.                                broker surety bond.
      (52)..................................  A petition for reinstatement of revoked     80
                                               operating authority.
      (53)--(79)............................  [Reserved]................................
    Part III: Services:
      (80)..................................  Request for service or pleading list for    13 per list
                                               proceedings.
      (81)..................................  Faxed copies of operating authority to      5
                                               applicants or their representatives who
                                               did not receive a served copy.
    ----------------------------------------------------------------------------------------------------------------
    
        (g) Returned check policy. (1) If a check submitted to the FHWA for 
    a filing or service fee is dishonored by a bank or financial 
    institution on which it is drawn, the FHWA will notify the person who 
    submitted the check that:
        (i) All work will be suspended on the filing or proceeding, until 
    the check is made good;
        (ii) A returned check charge of $6.00 and any bank charges incurred 
    by the FHWA as a result of the dishonored check must be submitted with 
    the filing fee which is outstanding; and
        (iii) If payment is not made within the time specified by the FHWA, 
    the proceeding will be dismissed or the filing may be rejected.
        (2) If a person repeatedly submits dishonored checks to the FHWA 
    for filing fees, the FHWA may notify the person that all future filing 
    fees must be submitted in the form of a certified or cashier's check or 
    a money order.
    
    
    Sec. 360.5  Updating user fees.
    
        (a) Update. Each fee established in this part may be updated in 
    accordance with this section as deemed necessary by the FHWA.
        (b) Publication and effective dates. Updated fees shall be 
    published in the Federal Register and shall become effective 30 days 
    after publication.
        (c) Payment of fees. Any person submitting a filing for which a fee 
    is established shall pay the fee in effect at the time of the filing.
        (d) Method of updating fees. Each fee shall be updated by updating 
    the cost components comprising the fee. Cost components shall be 
    updated as follows:
        (1) Direct labor costs shall be updated by multiplying base level 
    direct labor costs by percentage changes in average wages and salaries 
    of FHWA employees. Base level direct labor costs are direct labor costs 
    determined by the cost study in Regulations Governing Fees For Service, 
    1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for 
    measuring changes shall be April 1984 or the year of the last cost 
    study.
        (2) Operations overhead shall be developed each year on the basis 
    of current relationships existing on a weighted basis, for indirect 
    labor applicable to the first supervisory work centers directly 
    associated with user fee activity. Actual updating of operations 
    overhead will be accomplished by applying the current percentage factor 
    to updated direct labor, including current governmental overhead costs.
        (3)(i) Office general and administrative costs shall be developed 
    each year on the basis of current levels costs, i.e., dividing actual 
    office general and administrative costs for the current fiscal year by 
    total office costs for the office directly associated with user fee 
    activity. Actual updating of office general and administrative costs 
    will be accomplished by applying the current percentage factor to 
    updated direct labor, including current governmental overhead and 
    current operations overhead costs.
        (ii) FHWA general and administrative costs shall be developed each 
    year on the basis of current level costs; i.e., dividing actual FHWA 
    general and administrative costs for the current fiscal year by total 
    agency expenses for the current fiscal year. Actual updating of FHWA 
    general and administrative costs will be accomplished by applying the 
    current percentage factor to updated direct labor, including current 
    governmental overhead, operations overhead and office general and 
    administrative costs.
        (4) Publication costs shall be adjusted on the basis of known 
    changes in the costs applicable to publication of material in the 
    Federal Register or FHWA-OMC Register.
        (This rounding procedures excludes copying, printing and search 
    fees.)
    
    [[Page 7139]]
    
        (e) Rounding of updated fees. Updated fees shall be rounded in the 
    following manner:
        (1) Fees between $1 and $30 will be rounded to the nearest $1;
        (2) Fees between $30 and $100 will be rounded to the nearest $10;
        (3) Fees between $100 and $999 will be rounded to the nearest $50; 
    and
        (4) Fees above $1,000 will be rounded to the nearest $100.
    
                                                                            Appendix
                                                        [Based on 1996 pay increase and overhead changes]
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         1996
                                             1995       Direct     Check      Govt.       Total    Operations                        Publication   Total Sub
                    FEE#                    Direct       Labor    Process    Fringes     (2+3+4)    Overhead   Office G&A   FHA G&A      Cost        (5-9)
                                             Labor      Updated
                                                 (1)         (2)      (3)         (4)         (5)        (6)          (7)       (8)         (9)         (10)
                                         -------------------------------------------------------------------------------------------------------------------
    1...................................      135.07      138.50     1.43       69.34      209.27      29.23        63.75     34.34        5.00       341.59
    2...................................       64.77       66.42     1.43       33.62      101.46      14.17        30.91     16.65        5.00       168.19
    3...................................    1,162.04    1,191.56     1.43      591.12    1,784.11     249.24       543.51    292.73      190.32     3,059.92
    4...................................       22.74       23.32     1.43       12.26       37.01       5.17        11.27      6.07        0.00        59.53
    5...................................      104.68      107.34     1.43       53.89      162.66      22.72        49.55     26.69        0.00       261.63
    6...................................      145.13      148.82     1.43       74.45      224.69      31.39        68.45     36.87        5.00       366.40
    7...................................       73.86       75.74     1.43       38.24      115.40      16.12        35.16     18.93        5.00       190.61
    8...................................       56.40       57.83     1.43       29.36       88.63      12.38        27.00     14.54        5.00       147.55
    9...................................        5.00        5.13     0.72        2.90        8.74       1.22         2.66      1.43        0.00        14.06
    10..................................       12.88       13.21     1.43        7.25       21.89       3.06         6.67      3.59        0.00        35.21
    11..................................     129..38      132.67     1.43       66.44      200.54      28.02        61.09     32.90        3.00       325.55
    12..................................      185.20      189.90     1.43       94.81      286.14      39.97        87.17     46.95        0.00       460.23
    40..................................    3,020.52    3,097.24     1.43    1,535.39    4,634.06     647.38     1,411.73    760.34        0.00     7,453.51
    41..................................    1,453.28    1,490.19     1.43      739.10    2,230.72     311.63       679.57    366.01        0.00     3,587.94
    50i.................................    1,722.81    1,766.57     1.43      876.04    2,644.04     369.37       805.49    433.83        0.00     4,252.73
    50ii................................        0.00        0.00     0.00        0.00        0.00       0.00         0.00      0.00        0.00       425.27
    51..................................        1.03        1.06     0.72        0.88        2.66       0.37         0.81      0.44        0.00         4.27
    52..................................       31.45       32.25     1.43       16.69       50.37       7.04        15.34      8.26        0.00        81.01
    70..................................      336.79      345.34     1.69      171.96      518.99      72.50       158.11     85.15        0.00       834.75
    80..................................        4.85        4.97     0.72        2.82        8.51       1.19         2.59      1.40        0.00        13.69
    81i.................................       41.95       43.02     1.43       22.02       66.47       9.29        20.25     10.91        0.00       106.91
    81ii................................        0.00        0.00     0.00        0.00        0.00       0.00         0.00      0.00        0.00        25.00
    82..................................        0.00        0.00     0.00        0.00        0.00       0.00         0.00      0.00        0.00         5.00
    *101................................        3.17        3.25     0.72        1.97        5.94       0.83         1.81      0.97        0.00         9.55
    *102................................       16,55       16.97     0.00        8.41       25.38       3.55         7.73      4.16        0.00        40.82
    *103................................        0.55        0.56     0.00        0.28        0.84       0.12         0.26      0.14        0.00         1.36
    *104................................       41.63       42.69     0.00       21.15       63.84       8.92        19.45     10.47        0.00      102.68
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    *101--Certification of Director, Office of Motor Carrier Application Information Analysis (Fee Set a Rounded Fully Distributed Cost Level--Column (10)
      Above)--The 1996 Fee Is Set at $9.00.
    *102--Service Involved on Checking Records To be Certified To Determine Authenticity, Including Clerical Work etc. Incidental Thereto (Fee Set at
      Rounded Direct Labor Only Level--Column (2) Above)--The 1996 Fee Is Set at $16.00 Per Hour.
    *103--Electrostatic Copies of Public Documents, at a Specific Per Page Rate With a Minimum Charge of $5.00 Per Request (Per Page Rate Based on the
      Rounded Total in Column (5) Above)--The 1996 Fee Is Set at $.80 Per Page.
    *104--A Fee for Professional Staff Time Will Be Charged When It Is Required To Fulfill a Request For ADP Data (Fee Set at Rounded Direct Labor Only
      Level--Column (2) Above)--The 1996 Fee Is Set at $42.00 Per Hour.
    Note: This appendix will not appear in the Code of Federal Regulations.
    
    [FR Doc. 99-3510 Filed 2-11-99; 8:45 am]
    BILLING CODE 4910-22-P
    
    
    

Document Information

Effective Date:
3/15/1999
Published:
02/12/1999
Department:
Federal Highway Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-3510
Dates:
This rule is effective March 15, 1999.
Pages:
7134-7139 (6 pages)
RINs:
2125-AE24: Regulations Governing Fees for Services Performed in Connection With Motor Carrier Licensing and Insurance
RIN Links:
https://www.federalregister.gov/regulations/2125-AE24/regulations-governing-fees-for-services-performed-in-connection-with-motor-carrier-licensing-and-ins
PDF File:
99-3510.pdf
CFR: (3)
49 CFR 360.1
49 CFR 360.3
49 CFR 360.5