[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Rules and Regulations]
[Pages 28375-28376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13635]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1002 and 1180
[STB Ex Parte No. 556]
Railroad Consolidation Procedures--Modification of Fee Policy
AGENCY: Surface Transportation Board (Board), DoD.
ACTION: Final rules.
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SUMMARY: In this proceeding the Board adopts as final rules with one
minor change in the interim rules relating to the Board's fee policy
for proceedings involving major railroad consolidations, which were
published in the Federal Register at 62 FR 9714 on March 4, 1997.
EFFECTIVE DATE: These final rules are effective May 15, 1997.
FOR FURTHER INFORMATION CONTACT: Kathleen M. King, (202) 565-1639 or
David T. Groves, (202) 565-1551. (TDD for the hearing impaired: (202)
565-1695.)
SUPPLEMENTARY INFORMATION: On March 4, 1997, at 62 FR 9714, the Board
published interim rules that modified the Board's user fee policy for
proceedings involving major railroad consolidations under 49 CFR part
1180 and the Board's corresponding fee regulations at 49 CFR part 1002.
The interim rules modified the Board's fee policy to require that
the primary applicant in a major railroad consolidation proceeding pay
a separate filing fee for each and every directly related proceeding
that is filed with the primary application. The Board's fee policy was
further revised to provide that for filing fee purposes an inconsistent
responsive application would be classified as a major, significant, or
minor transaction under the Board's regulations in 49 CFR 1180.2 (a)-
(c), and that the fee for an inconsistent application would be based on
the classification of the transaction in the Board's fee schedule at 49
CFR 1002.2(f) (38)-(41). In addition, the Board's fee policy at 49 CFR
1180.4(d)(4)(ii) was modified to provide that the fee for any other
type of responsive application would be the fee for that particular
type of filing as set forth in the Board's fee schedule.
The interim rules also contained technical amendments to conform
part 1180 to the ICC Termination Act of 1995, Pub. L. 104-88 (Dec. 29,
1995).
No comments were filed in this proceeding. Therefore, we are
adopting the interim rules as final rules with only one minor change.
We are modifying the interim rule for 49 CFR 1180.3(h) relating to
responsive applications to provide a more accurate cross-reference to
the proper fees for various responsive applications. To provide the
appropriate cross-reference, we are deleting the last sentence of
Sec. 1180.3(h) and replacing it with the following two sentences:
For fees covering inconsistent applications or responsive
applications not otherwise covered in the Board's fee schedule see,
49 CFR 1002.2(f) (38)-(41) and 1180.4(d)(4)(ii). The fees for all
other responsive applications are set forth in 49 CFR 1002.2(f).
We conclude that the fee and other changes adopted here will not
have a significant economic impact on a
[[Page 28376]]
substantial number of small entities. Our regulations provide for
waiver of filing fees for those entities that can make the required
showing of financial hardship.
This action will not significantly affect either the quality of
human environment or the conservation of energy resources.
Notice of the final rules adopted here will be transmitted to
Congress pursuant to Pub. L. 104-121 (Mar. 29, 1996).
List of Subjects
49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information, User fees.
49 CFR Part 1180
Administrative practice and procedure, Bankruptcy, Railroads,
Reporting and recordkeeping requirements.
Decided: April 24, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
Accordingly, the interim rules amending 49 CFR Parts 1002 and 1180,
which were published at 62 FR 9714 on March 4, 1997, are adopted as
final rules with the following changes:
PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES
1. The authority citation for part 1180 continues to read as
follows:
Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721,
10502, 11323-11325.
2. Section 1180.3 is amended by revising paragraph (h) to read as
follows:
Sec. 1180.3 Definitions.
* * * * *
(h) Responsive applications. Applications filed in response to a
primary application are those seeking affirmative relief either as a
condition to or in lieu of the approval of the primary application.
Responsive applications include inconsistent applications, inclusion
applications, and any other affirmative relief that requires an
application, petition, notice, or any other filing to be submitted to
the Board (such as trackage rights, purchases, constructions,
operation, pooling, terminal operations, abandonments, and other types
of proceedings not otherwise covered). For fees covering inconsistent
applications or responsive applications not otherwise covered in the
Board's fee schedule, see 49 CFR 1002.2(f) (38)-(41) and
1180.4(d)(4)(ii). The fees for all other responsive applications are
set forth in 49 CFR 1002.2(f).
* * * * *
[FR Doc. 97-13635 Filed 5-22-97; 8:45 am]
BILLING CODE 4915-00-M
