[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Rules and Regulations]
[Pages 3487-3490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1613]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1002
[STB Ex Parte No. 542 (Sub-No. 1)]
Regulations Governing Fees For Services Performed in Connection
With Licensing and Related Services--1997 Update
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Board adopts its 1997 User Fee Update and revises its fee
schedule at this time to recover the cost associated with the January
1997 Government salary increases and increases in Federal Register
publication costs.
EFFECTIVE DATE: These rule are effective on February 24, 1997.
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 at 49 CFR 1002.3
require the Board's user fee schedule to be updated annually. The
Board's fees are revised based on the cost study formula set forth at
49 CFR 1002.3(d). Also, in some previous years, selected fees were
modified to reflect new cost study data or changes in Board or
Interstate Commerce Commission fee policy.
The Board's regulations at 49 CFR 1002.3(a) provide that the entire
fee schedule or selected fees can be modified more than once a year, if
necessary. Because Board employees will receive a salary increase of
3.33% in January 1997, we are updating our user fees to recover our
increased personnel cost. This update also reflects the increased
Federal Register publication costs, which became effective on January
1, 1997. All fees will be updated based on our cost formula at 49 CFR
1002.3(d).
In Central Power & Light Company v. Southern Pacific Transportation
Company, No. 41242 (STB served Dec. 31, 1996), the Board indicated that
in certain cases ``bottleneck'' rate relief would be available in
connection with the filing of a competitive access complaint. The Board
is adding a new Fee Item 56(iv), Competitive access complaints, to
cover that activity.
In Class Exem. For The Construction of Connecting Track, 1 S.T.B.
75 (1996), the Board adopted new regulations at 49 CFR 1150.36 that
provide for a class exemption for the construction and operation of
connecting railroad track. We are adding new Fee Item 12(ii), Notice of
exemption under 49 CFR 1150.36, to cover that activity. Also, to
conform with other fee items, we are providing a separate Fee Item
12(iii), Petition for exemption under 49 U.S.C. 10502 involving
construction of rail lines.
Because the Board only recently revised the fees for formal
complaints in Fee Items 56 (i)-(iii) in the Regulations Governing Fees
For Services Performed in Connection with Licensing and Related
Services--1996 Update, 61 FR 66229 (December 17, 1996), the fees for
those items will remain at current levels.
The fee increases involved here result only from the mechanical
application of the update formula at 49 CFR 1002.3(d), that 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 the fee changes, which are being adopted here,
will not have a significant economic impact on a substantial number of
small entities because the Board's regulations provide for waiver of
filing fees for those entities that 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 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: January 13, 1997.
By the Board, Chairman Morgan and Vice-Chairman 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).
2. Section 1002.1 is amended by revising paragraphs (a), (b), (c),
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.
* * * * *
(a) Certificate of the Secretary, $10.00.
(b) Service involved in examination of tariffs or schedules for
preparation of certified copies of tariffs or schedules or
[[Page 3488]]
extracts therefrom at the rate of $25.00 per hour.
(c) Service involved in checking records to be certified to
determine authenticity, including clerical work, etc., incidental
thereto, at the rate of $17.00 per hour.
* * * * *
(e) * * *
(1) A fee of $44.00 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........................................................... $7.37
GS-2........................................................... 8.02
GS-3........................................................... 9.04
GS-4........................................................... 10.15
GS-5........................................................... 11.35
GS-6........................................................... 12.66
GS-7........................................................... 14.06
GS-8........................................................... 15.58
GS-9........................................................... 17.20
GS-10.......................................................... 18.95
GS-11.......................................................... 20.82
GS-12.......................................................... 24.95
GS-13.......................................................... 29.67
GS-14.......................................................... 35.06
GS-15 and over................................................. 41.24
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3. In Sec. 1002.2, paragraph (f) is revised to read as follows:
Sec. 1002.2 Filing fees.
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(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 $2,600.
division of traffic.
(2) An application involving the purchase, $1,200.
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 non- $16,500.
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................ $2,700.
(ii) Minor amendment..................... $60.
(5) An application for temporary authority $300.
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 certificate $4,300.
authorizing the extension, acquisition, or
operation of lines of railroad. 49 U.S.C.
10901.
(ii) Notice of exemption under 49 CFR $1,100.
1150.31-1150.35.
(iii) Petition for exemption under 49 $7,500.
U.S.C. 10502.
(12) (i) An application involving the $44,500.
construction of a rail line.
(ii) A notice of exemption involving $1,100.
construction of a rail line under 49 CFR
1150.36.
(iii) A petition for exemption under 49 $44,500.
U.S.C. 10502 involving 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 or $3,700.
class III carrier to acquire an extended
or additional rail line under 49 U.S.C.
10902.
(ii) Notice of exemption under 49 CFR $1,100.
1150.41-1150.45.
(iii) Petition for exemption under 49 $3,900.
U.S.C. 10502 relating to an exemption
from the provisions of 49 U.S.C. 10902.
(15) A notice of a modified certificate of $1,000.
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 to $13,200.
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 abandonment or $2,200.
discontinuance under 49 CFR 1152.50.
(iii) A petition for exemption under 49 $3,800.
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 $1,100.
railroads.
(24) A request for waiver of filing $1,000.
requirements for abandonment application
proceedings.
(25) An offer of financial assistance under $900.
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 conditions $13,500.
for the sale of or subsidy for a rail line
proposed to be abandoned.
(27) A request for a trail use condition in $150.
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 $11,300.
facilities or other applications under 49
U.S.C. 11102.
(37) An application for the pooling or $6,100.
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.................... $889,500.
(ii) Significant transaction............. $177,900.
(iii) Minor transaction.................. $4,700.
(iv) Notice of an exempt transaction $1,000.
under 49 CFR 1180.2(d).
(v) Responsive application............... $4,700.
(vi) Petition for exemption under 49 $5,600.
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.................... $889,500.
(ii) Significant transaction............. $177,900.
(iii) Minor transaction.................. $4,700.
(iv) A notice of an exempt transaction $850.
under 49 CFR 1180.2(d).
(v) Responsive application............... $4,700.
(vi) Petition for exemption under 49 $5,600.
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.................... $889,500.
(ii) Significant transaction............. $177,900.
(iii) Minor transaction.................. $4,700.
(iv) Notice of an exempt transaction $750.
under 49 CFR 1180.2(d).
(v) Responsive application............... $4,700.
[[Page 3489]]
(vi) Petition for exemption under 49 $5,600.
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.................... $889,500.
(ii) Significant transaction............. $177,900.
(iii) Minor transaction.................. $4,700.
(iv) Notice of an exempt transaction $850.
under 49 CFR 1180.2(d).
(v) Responsive application............... $4,700.
(vi) Petition for exemption under 49 $3,900.
U.S.C. 10502.
(42) Notice of a joint project involving $1,500.
relocation of a rail line under 49 CFR
1180.2(d)(5).
(43) An application for approval of a rail $41,600.
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................ $7,700.
(ii) Minor amendment..................... $60.
(45) An application for authority to hold a $450.
position as officer or director under 49
U.S.C. 11328.
(46) A petition for exemption under 49 $4,800.
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 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 the $23,300.
coal rate guidelines (Stand-Alone Cost
Methodology) alleging unlawful rates and/
or practices of rail carriers under 49
U.S.C. 10704(c)(1) except a complaint
filed by small shipper.
(ii) A formal complaint involving rail $1,000.
maximum rates filed by a small shipper.
(iii) All other formal complaints (except $2,300.
competitive access complaints).
(iv) Competitive access complaints....... $150.
(57) A complaint seeking or a petition $5,200.
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 order $1,000.
involving a dispute over an existing
rate or practice which is comparable to
a complaint proceeding.
(ii) All other petitions for declaratory $1,400.
order.
(59) An application for shipper antitrust $4,200.
immunity. 49 U.S.C. 10706(a)(5)(A).
(60) Labor arbitration proceedings......... $150.
(61) Appeals to a Surface Transportation $150.
Board decision and petitions to revoke an
exemption pursuant to 49 U.S.C. 10502(d).
(62) Motor carrier undercharge proceedings. $150.
(63)-(75) [Reserved]
Part VI: Informal Proceedings
(76) An application for authority to $700.
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 permission $70.
for short notice or the waiver of other
tariff publishing requirements.
(78) (i) The filing of tariffs, including $1 per page. ($14 minimum
supplements, or contract summaries. charge.)
(ii) Tariffs transmitted by fax.......... $1 per page.
(79) Special docket applications from rail
and water carriers:
(i) Applications involving $25,000 or $45.
less.
(ii) Applications involving over $25,000. $90.
(80) Informal complaint about rail rate $350.
applications.
(81) Tariff reconciliation petitions from
motor common carriers:
(i) Petitions involving $25,000 or less.. $45.
(ii) Petitions involving over $25,000.... $90.
(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 recordation. $24 per document.
49 U.S.C. 11301 and 49 CFR 1177.3(c).
(84) Informal opinions about rate $150.
applications (all modes).
(85) A railroad accounting interpretation.. $650.
(86) An operational interpretation......... $850.
(87)-(95) [Reserved]
Part VII: Services
(96) Messenger delivery of decision to a $19 per delivery.
railroad carrier's Washington, DC, agent.
(97) Request for service or pleading list $14 per list.
for proceedings.
(98) (i) Processing the paperwork related $150.
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 related to $400.
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 Surface $100.
Transportation Board's Practitioners' Exam.
(ii) Practitioners' Exam Information $25.
Package.
(100) Uniform Railroad Costing System
(URCS) software and information:
(i) Initial PC version URCS Phase III $50.
software program and manual.
(ii) Updated URCS PC version Phase III $10.
cost file, if computer disk provided by
requestor.
(iii) Updated URCS PC version Phase III $20.
cost file, if computer disk provided by
the Board.
(iv) Public requests for Source Codes to $500.
the PC version URCS Phase III.
(v) PC version or mainframe version URCS $400.
Phase II.
(vi) PC version or mainframe version $50.
Updated Phase II databases.
(vii) Public requests for Source Codes to $1,500.
PC version URCS Phase II.
(101) Carload Waybill Sample data on
recordable compact disk (R-CD):
(i) Requests for Public Use File on R-CD-- $450.
First Year.
(ii) Requests for Public Use File on R-CD $150.
Each Additional Year.
(iii) Waybill--Surface Transportation $650.
Board or State proceedings on R-CD--
First Year.
(iv) Waybill--Surface Transportation $450.
Board or State proceedings on R-CD--
Second Year on same R-CD.
[[Page 3490]]
(v) Waybill--Surface Transportation Board $500.
of State proceeding on R-CD--Second Year
on different R-CD.
(vi) User Guide for latest available $50.
Carload Waybill Sample.
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[FR Doc. 97-1613 Filed 1-22-97; 8:45 am]
BILLING CODE 4915-00-P