[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Proposed Rules]
[Pages 15208-15212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8293]
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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, DOT.
ACTION: Notice of proposed rulemaking.
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[[Page 15209]]
SUMMARY: The Surface Transportation Board (Board) is proposing to adopt
its 1996 User Fee Update and to revise its fee schedule at this time to
recover the costs associated with providing services to the public.
DATES: Comments are due on May 6, 1996.
ADDRESSES: Send comments (an original and 10 copies referring to STB Ex
Parte No. 5427) to: Surface Transportation Board, Office of the
Secretary, Case Control Branch, 1201 Constitution Avenue NW.,
Washington, DC 20423.
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.1 In
this proceeding, the Board proposes to revise its fee schedule based on
the cost study formula set forth at 49 CFR 1002.3(d). The Board also
proposes to modify selected fees to reflect new cost study data. In
addition, new fees are proposed for services and activities that have
not previously been included in the Board's user fee schedule.
\1\ Effective January 1, 1996, the ICC Termination Act of 1995,
Pub. L. No. 104-88, 109 Stat. 803 abolished the Interstate Commerce
Commission and established the Board within the Department of
Transportation. The Act provides that with certain exceptions, all
regulations previously issued by the Commission shall continue in
effect according to their terms until modified or terminated.
Accordingly, all of the Commission's regulations, including those
related to user fees in 49 CFR Part 1002 were transferred to the
Board in Transfer of Regulations from the Interstate Commerce
Commission to the Surface Transportation Board Pursuant to the ICC
Termination Act of 1995, STB Ex Parte No. 525 61 FR 1842 (1-24-96).
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In the current fee schedule, the fees for a number of Board
proceedings have been set at less than fully distributed cost. The
Board is proposing to adopt the policy of setting all of its user fees
at a level that will recover the Board's full cost of providing the
involved services. Accordingly, the Board proposes to establish the
fees for such proceedings as major and significant rail mergers, rail
finance proceedings, formal complaints, and petitions for declaratory
order at the fully distributed cost level.
In this proceeding, the Board also is proposing to update these
regulations to reflect the recent enactment of the ICC Termination Act
of 1995.
The Board concludes that the fee changes proposed here will not
have a significant economic impact on a substantial number of small
entities because 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 Commission'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 Avenue
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: March 26, 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 proposed to be amended
as follows:
PART 1002--FEES
1. The authority citation for part 1002 is proposed to be revised
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.
2. Section 1002.1 is proposed to be amended by revising paragraphs
(b), (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.
* * * * *
(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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3. Section 1002.2 is proposed to be amended by revising paragraphs
(d), and (f), and the heading of paragraph (e) to read as follows:
Sec. 1002.2 Filing fees.
* * * * *
(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.
(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 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 summaries, 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.
* * * * *
(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.
[[Page 15210]]
(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
construction, extension, acquisition,
or operation of lines of railroad. 49
U.S.C. 10901.
(ii) Notice of exemption under 49 CFR $1,000.
1150.31-1150.35.
(iii) Petition for exemption under 49 $7,000.
U.S.C. 10502 (except petitions
involving construction of a rail line).
(12) A petition for exemption under 49 $41,700.
U.S.C. 10502 involving the
construction of a rail line.
(13) A Feeder Line Development Program $12,800.
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) Petition for exemption under 49 $3,700.
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 North
East Rail Service Act [Subtitle E of
Title XI of Pub. L. 97-35], bankrupt
railroads, or exempt abandonments.
(ii) Notice of an exempt abandonment or $2,000.
discontinuance under 49 CFR 1152.50.
(iii) A petition for exemption under 49 $3,500.
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 North East 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.
(OFA) 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 $650.
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.
(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.
[[Page 15211]]
(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 $84,200.
Corporation (Amtrak) conveyance
proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger $102,100.
Corporation (Amtrak) compensation
proceeding under Section 402(a) of the
Rail Passenger Service 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 $233,200.
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... $23,100
(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 $5,000.
order involving a dispute over an
existing rate or practice which is
comparable to a complaint
proceeding.
(ii) All other petitions for $3,700.
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 $3,700.
Transportation Board decision and
petitions to revoke an exemption
pursuant to 49 U.S.C. 10502(d).
(62) Motor carrier undercharge $5,800.
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.
(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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[[Page 15212]]
[FR Doc. 96-8293 Filed 4-4-96; 8:45 am]
BILLING CODE 4915-00-P
