Fees for Services Performed in Connection With Licensing and Related Services-2021 Update
| Published date | 12 August 2021 |
| Citation | 86 FR 44282 |
| Record Number | 2021-17014 |
| Section | Rules and Regulations |
| Court | Surface Transportation Board |
Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Rules and Regulations]
[Pages 44282-44285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17014]
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SURFACE TRANSPORTATION BOARD
49 CFR Part 1002
[Docket No. EP 542 (Sub-No. 29)]
Fees for Services Performed in Connection With Licensing and
Related Services--2021 Update
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Board updates for 2021 the fees that the public must pay
to file certain cases and pleadings with the Board. Pursuant to this
update, 87 of the Board's 135 fees will decrease, 3 fees will increase,
and 45 fees will remain at their current levels.
DATES: This final rule is effective September 11, 2021.
FOR FURTHER INFORMATION CONTACT: Laura Mizner, (202) 245-0318, or
Andrea Pope-Matheson, (202) 245-0363. [TDD for the hearing impaired: 1-
800-877-8339.]
SUPPLEMENTARY INFORMATION: The Board's regulations at 49 CFR 1002.3(a)
provide for an annual update of the Board's entire user-fee schedule.
Fees are generally revised based on the cost study formula set forth at
49 CFR 1002.3(d), which looks to changes in salary costs, publication
costs, and Board overhead cost factors. Applying that formula, 87 of
the Board's 135 fees will decrease, 3 will increase, and 45 will remain
at their current levels.
Additional information is contained in the Board's decision. To
obtain a free copy of the full decision, visit the Board's website at
www.stb.gov or call (202) 245-0245. [Assistance for the hearing
impaired is available through Federal Relay Service: (800) 877-8339.]
List of Subjects in 49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information.
Decided: August 4, 2021.
By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and
Schultz.
Kenyatta Clay,
Clearance Clerk.
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
0
1. The authority citation for part 1002 continues to read as follows:
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C.
9701; and 49 U.S.C. 1321. Section 1002.1(f)(11) is also issued under
5 U.S.C. 5514 and 31 U.S.C. 3717.
0
2. Section 1002.1 is amended by revising paragraphs (a), (b), and (c)
to read as follows:
Sec. 1002.1 Fees for records search, review, copying, certification,
and related services.
* * * * *
(a) Certificate of the Records Officer, $20.00.
(b) Services involved in examination of tariffs or schedules for
preparation of certified copies of tariffs or schedules or extracts
therefrom at the rate of $48.00 per hour.
(c) Services involved in checking records to be certified to
determine authenticity, including clerical work, etc. incidental
thereto, at a rate of $33.00 per hour.
* * * * *
0
3. In Sec. 1002.2, revise paragraph (f) to read as follows:
* * * * *
(f) Schedule of filing fees.
[[Page 44283]]
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Type of proceeding Fee
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Part I: Non-Rail Applications or
Proceedings to Enter Into a
Particular Financial Transaction or
Joint Arrangement:
(1) An application for the $5,400.
pooling or division of traffic.
(2)(i) An application involving $2,400.
the purchase, lease,
consolidation, merger, or
acquisition of control of a
motor carrier of passengers
under 49 U.S.C. 14303..........
(ii) A petition for $3,800.
exemption under 49 U.S.C.
13541 (other than a
rulemaking) filed by a non-
rail carrier not otherwise
covered....................
(iii) A petition to revoke $3,200.
an exemption filed under 49
U.S.C. 13541(d)............
(3) An application for approval $33,900.
of a non-rail rate association
agreement. 49 U.S.C. 13703.....
(4) An application for approval
of an amendment to a non-rail
rate association agreement:....
(i) Significant amendment... $5,600.
(ii) Minor amendment........ $100.
(5) An application for temporary $600.
authority to operate a motor
carrier of passengers. 49
U.S.C. 14303(i)................
(6) A notice of exemption for $2,000.
transaction within a motor
passenger corporate family that
does not result in adverse
changes in service levels,
significant operational
changes, or a change in the
competitive balance with motor
passenger carriers outside the
corporate family...............
(7)-(10) [Reserved].............
Part II: Rail Licensing Proceedings
other than Abandonment or
Discontinuance Proceedings:
(11)(i) An application for a $8,900.
certificate authorizing the
extension, acquisition, or
operation of lines of railroad.
49 U.S.C. 10901................
(ii) Notice of exemption $2,100.
under 49 CFR 1150.31-
1150.35....................
(iii) Petition for exemption $15,400.
under 49 U.S.C. 10502......
(12)(i) An application involving $91,600.
the construction of a rail line
(ii) A notice of exemption $2,100.
involving construction of a
rail line under 49 CFR
1150.36....................
(iii) A petition for $91,600.
exemption under 49 U.S.C.
10502 involving
construction of a rail line
(iv) A request for $350.
determination of a dispute
involving a rail
construction that crosses
the line of another carrier
under 49 U.S.C. 10902(d)...
(13) A Feeder Line Development $2,600.
Program application filed under
49 U.S.C. 10907(b)(1)(A)(i) or
10907(b)(1)(A)(ii).............
(14)(i) An application of a $7,500.
class II or class III carrier
to acquire an extended or
additional rail line under 49
U.S.C. 10902...................
(ii) Notice of exemption $2,100.
under 49 CFR 1150.41-
1150.45....................
(iii) Petition for exemption $8,100.
under 49 U.S.C. 10502
relating to an exemption
from the provisions of 49
U.S.C. 10902...............
(15) A notice of a modified $2,000.
certificate of public
convenience and necessity under
49 CFR 1150.21-1150.24.........
(16) An application for a land- $7,300.
use-exemption permit for a
facility existing as of October
16, 2008 under 49 U.S.C. 10909.
(17) An application for a land- $25,900.
use-exemption permit for a
facility not existing as of
October 16, 2008 under 49
U.S.C. 10909...................
(18)-(20) [Reserved]............
Part III: Rail Abandonment or
Discontinuance of Transportation
Services Proceedings:
(21)(i) An application for $27,200.
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 Northeast Rail
Service Act [Subtitle E of
Title XI of Pub. L. 97-35],
bankrupt railroads, or exempt
abandonments)..................
(ii) Notice of an exempt $4,400.
abandonment or
discontinuance under 49 CFR
1152.50....................
(iii) A petition for $7,700.
exemption under 49 U.S.C.
10502......................
(22) An application for $550.
authority to 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 $2,300.
bankrupt railroads.............
(24) A request for waiver of $2,200.
filing requirements for
abandonment application
proceedings....................
(25) An offer of financial $1,900.
assistance 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 $27,800.
conditions for the sale of or
subsidy for a rail line
proposed to be abandoned.......
(27)(i) Request for a trail use $350.
condition in an abandonment
proceeding under 16 U.S.C.
1247(d)........................
(ii) A request to extend the $550.
period to negotiate a trail
use agreement..............
(28)-(35) [Reserved]............
Part IV: Rail Applications to Enter
Into a Particular Financial
Transaction or Joint Arrangement:
(36) An application for use of $23,200.
terminal facilities or other
applications under 49 U.S.C.
11102..........................
(37) An application for the $12,500.
pooling or 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....... $1,831,500.
(ii) Significant transaction $366,300.
(iii) Minor transaction..... $8,800.
(iv) Notice of an exempt $2,000.
transaction under 49 CFR
1180.2(d)..................
(v) Responsive application.. $8,800.
(vi) Petition for exemption $11,400.
under 49 U.S.C. 10502......
(vii) A request for waiver $6,800.
or clarification of
regulations filed in a
major financial proceeding
as defined at 49 CFR
1180.2(a)..................
[[Page 44284]]
(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....... $1,831,500.
(ii) Significant transaction $366,300.
(iii) Minor transaction..... $8,800.
(iv) A notice of an exempt $1,500.
transaction under 49 CFR
1180.2(d)..................
(v) Responsive application.. $8,800.
(vi) Petition for exemption $11,400.
under 49 U.S.C. 10502......
(vii) A request for waiver $6,800.
or clarification of
regulations filed in a
major financial proceeding
as defined at 49 CFR
1180.2(a)..................
(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....... $1,831,500.
(ii) Significant transaction $366,300.
(iii) Minor transaction..... $8,800.
(iv) Notice of an exempt $1,400.
transaction under 49 CFR
1180.2(d)..................
(v) Responsive application.. $8,800.
(vi) Petition for exemption $11,400.
under 49 U.S.C. 10502......
(vii) A request for waiver $6,800.
or clarification of
regulations filed in a
major financial proceeding
as defined at 49 CFR
1180.2(a)..................
(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....... $1,831,500.
(ii) Significant transaction $366,300.
(iii) Minor transaction..... $8,800.
(iv) Notice of an exempt $1,600.
transaction under 49 CFR
1180.2(d)..................
(v) Responsive application.. $8,800.
(vi) Petition for exemption $8,100.
under 49 U.S.C. 10502......
(vii) A request for waiver $6,800.
or clarification of
regulations filed in a
major financial proceeding
as defined at 49 CFR
1180.2(a)..................
(42) Notice of a joint project $2,800.
involving relocation of a rail
line under 49 CFR 1180.2(d)(5).
(43) An application for approval $85,800.
of a 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. 110706:..................
(i) Significant amendment... $15,800.
(ii) Minor amendment........ $100.
(45) An application for $950.
authority to hold a position as
officer or director under 49
U.S.C. 11328...................
(46) A petition for exemption $9,800.
under 49 U.S.C. 10502 (other
than a rulemaking) filed by
rail carrier not otherwise
covered........................
(47) National Railroad Passenger $350.
Corporation (Amtrak) conveyance
proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger $350.
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
carriers:......................
(i) A formal complaint filed $350.
under 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) A formal complaint $350.
involving rail maximum
rates filed under the
Simplified-SAC methodology.
(iii) A formal complaint $150.
involving rail maximum
rates filed under the Three
Benchmark methodology......
(iv) All other formal $350.
complaints (except
competitive access
complaints)................
(v) Competitive access $150.
complaints.................
(vi) A request for an order $350.
compelling a rail carrier
to establish a common
carrier rate...............
(57) A complaint seeking or a $10,900.
petition 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 $1,000.
declaratory order involving
a dispute over an existing
rate or practice which is
comparable to a complaint
proceeding.................
(ii) All other petitions for $1,400.
declaratory order..........
(59) An application for shipper $8,600.
antitrust immunity. 49 U.S.C.
10706(a)(5)(A).................
(60) Labor arbitration $350.
proceedings....................
(61)(i) An appeal of a Surface $350.
Transportation Board decision
on the merits or petition to
revoke an exemption pursuant to
49 U.S.C. 10502(d).............
(ii) An appeal of a Surface $450.
Transportation Board
decision on procedural
matters except discovery
rulings....................
(62) Motor carrier undercharge $350.
proceedings....................
(63)(i) Expedited relief for $350.
service inadequacies: A request
for expedited relief under 49
U.S.C. 11123 and 49 CFR part
1146 for service emergency.....
(ii) Expedited relief for $350.
service inadequacies: A
request for temporary
relief under 49 U.S.C.
10705 and 11102, and 49 CFR
part 1147 for service
inadequacy.................
(64) A request for waiver or $700.
clarification of regulations
except one filed in an
abandonment or discontinuance
proceeding, or in a major
financial proceeding as defined
at 49 CFR 1180.2(a)............
(65)-(75) [Reserved]............
Part VI: Informal Proceedings:
[[Page 44285]]
(76) An application for $1,500.
authority to 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 $150.
permission for short notice or
the waiver of other tariff
publishing requirements........
(78)(i) The filing of tariffs, $1. per page. ($30. min. charge.)
including supplements, or
contract summaries.............
(ii) The filing of water $30.
carrier annual
certifications.............
(79) Special docket applications
from rail and water carriers:..
(i) Applications involving $75.
$25,000 or less............
(ii) Applications involving $150.
over $25,000...............
(80) Informal complaint about $750.
rail rate applications.........
(81) Tariff reconciliation
petitions from motor common
carriers:......................
(i) Petitions involving $75.
$25,000 or less............
(ii) Petitions involving $150.
over $25,000...............
(82) Request for a determination $300.
of the applicability or
reasonableness of motor carrier
rates under 49 U.S.C.
13710(a)(2) and (3)............
(83) Filing of documents for $50. per document.
recordation. 49 U.S.C. 11301
and 49 CFR 1177.3(c)...........
(84) Informal opinions about $300.
rate applications (all modes)..
(85) A railroad accounting $1,400.
interpretation.................
(86)(i) A request for an $1,800.
informal opinion not otherwise
covered........................
(ii) A proposal to use on a $6,300.
voting trust agreement
pursuant to 49 CFR 1013 and
49 CFR 1180.4(b)(4)(iv) in
connection with a major
control proceeding as
defined at 49 CFR 1180.2(a)
(iii) A request for an $600.
informal opinion on a
voting trust agreement
pursuant to 49 CFR
1013.3(a) not otherwise
covered....................
(87) Arbitration of certain
disputes subject to the
statutory jurisdiction of the
Surface Transportation Board
under 49 CFR 1108:.............
(i) Complaint............... $75.
(ii) Answer (per defendant), $75.
Unless Declining to Submit
to Any Arbitration.........
(iii) Third Party Complaint. $75.
(iv) Third Party Answer (per $75.
defendant), Unless
Declining to Submit to Any
Arbitration................
(v) Appeals of Arbitration $150.
Decisions or Petitions to
Modify or Vacate an
Arbitration Award..........
(88) Basic fee for STB $350.
adjudicatory services not
otherwise covered..............
(89)-(95) [Reserved]............
Part VII: Services:
(96) Messenger delivery of $39. per delivery.
decision to a railroad
carrier's Washington, DC agent.
(97) Request for service or $30. per list.
pleading list for proceedings..
(98) Processing the paperwork
related to a request for the
Carload Waybill Sample to be
used in an STB or State
proceeding that:...............
(i) Annual request does not
require a Federal Register
(FR) notice:...............
(A) Set cost portion.... $200.
(B) Sliding cost portion $58. per party.
(ii) Annual request does
require a FR notice:.......
(A) Set cost portion.... $450.
(B) Sliding cost portion $58. per party.
(iii) Quarterly request does
not require a FR notice:...
(A) Set cost portion.... $50.
(B) Sliding cost portion $14. per party.
(iv) Quarterly request does
require a FR notice:.......
(A) Set cost portion.... $230.
(B) Sliding cost portion $14. per party.
(v) Monthly request does not
require a FR notice:.......
(A) Set cost portion.... $16.
(B) Sliding cost portion $4. per party.
(vi) Monthly request does
require a FR notice:.......
(A) Set cost portion.... $177.
(B) Sliding cost portion $4. per party.
(99)(i) Application fee for the $200.
STB's Practitioners' Exam......
(ii) Practitioners' Exam $25.
Information Package........
(100) Carload Waybill Sample
data:..........................
(i) Requests for Public Use $250. per year.
File for all years prior to
the most current year
Carload Waybill Sample data
available, provided on CD-R
(ii) Specialized programming $130. per hour.
for Waybill requests to the
Board......................
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[FR Doc. 2021-17014 Filed 8-11-21; 8:45 am]
BILLING CODE 4915-01-P
