Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services: 2008 Update
Federal Register: June 18, 2008 (Volume 73, Number 118)
Rules and Regulations
Page 34649-34653
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr18jn08-14
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 49 CFR Part 1002
STB Ex Parte No. 542 (Sub-No. 15)
Regulations Governing Fees for Services Performed in Connection
With Licensing and Related Services--2008 Update
AGENCY: Surface Transportation Board, DOT.
ACTION: Final rules.
SUMMARY: The Board adopts its 2008 User Fee Update and revises its fee
Page 34650
schedule to reflect increased costs associated with the January 2008
Government salary increases and the Board's overhead costs, and to reflect changes in Government fringe benefits.
DATES: Effective Date: These rules are effective on June 18, 2008.
FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245-0327, or
Anne Quinlan, (202) 245-0309. [TDD for the hearing impaired: 1-800-877- 8339.]
SUPPLEMENTARY INFORMATION: The Board's regulations at 49 CFR 1002.3 provide for annual updates of the Board's user fee schedule. Fees are revised based on the cost study formula set forth at 49 CFR 1002.3(d).
The fee increases adopted here, which reflect increased costs, result from the mechanical application of the update formula in 49 CFR 1002.3(d). No new fees are being proposed in this proceeding.
Therefore, the Board finds that notice and comment are 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).
The Board concludes that the fee changes 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 free copy of the full decision, visit the Board's Web site at http://www.stb.dot.gov or call the Board's Information Officer at (202) 245-0245. [Assistance for the hearing impaired is available through
Federal Information Relay Services (FIRS): (800) 877-8339.]
List of Subjects in 49 CFR Part 1002
Administrative practice and procedure, Common carriers, and Freedom of information.
Decided: June 11, 2008.
By the Board, Chairman Nottingham, Vice Chairman Mulvey and
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary. 0
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) and 553; 31 U.S.C. 9701 and 49
U.S.C. 721(a). 0 2. Section 1002.1 is amended by revising paragraphs (a) through (e); paragraph (f)(1); and the table in paragraph (g)(6) to read as follows:
Sec. 1002.1 Fees for record search, review, copying, certification, and related services.
* * * * *
(a) Certificate of the secretary, $17.00.
(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 $38.00 per hour.
(c) Service involved in checking records to be certified to determine authenticity, including clerical work, etc., identical thereto, at the rate of $26.00 per hour.
(d) Photocopies of tariffs, reports, and other public documents, at the rate of $1.30 per letter or legal size exposure. A minimum charge of $6.50 will be made for this service.
(e) Fees for courier services to transport agency records to provide on-site access to agency records stored off-site will be set at the rates set forth in the Board's agreement with its courier service provider. Rate information is available on the Board's Web site (http:/
/www.stb.dot.gov) or can be obtained from the Board's Information
Officer, Room 1200, Surface Transportation Board, Washington, DC 20423- 0001.
(f) * * *
(1) A fee of $66.00 per hour for professional staff time will be charged when it is required to fulfill a request for ADP data.
* * * * *
(g) * * *
(6) * * *
Grade
Rate
GS-1....................................................
$11.19
GS-2....................................................
12.18
GS-3....................................................
13.73
GS-4....................................................
15.41
GS-5....................................................
17.24
GS-6....................................................
19.22
GS-7....................................................
21.36
GS-8....................................................
23.65
GS-9....................................................
26.13
GS-10...................................................
28.77
GS-11...................................................
31.61
GS-12...................................................
37.89
GS-13...................................................
45.05
GS-14...................................................
53.24
GS-15 and over..........................................
62.62
* * * * * 0 3. In Sec. 1002.2, paragraph (f) is revised as follows:
Sec. 1002.2 Filing fees.
(a) * * *
(f) Schedule of filing fees.
Type of proceeding
Fee
PART I: Non-Rail Applications or
Proceedings to Enter Upon a Particular
Financial Transaction or Joint
Arrangement:
(1) An application for the pooling
$4,400. or division of traffic.
(2)(i) An application involving the $2,000. purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of passengers under 49 U.S.C. 14303.
(ii) A petition for exemption under $3,200. 49 U.S.C. 13541 (other than a rulemaking) filed by a non-rail carrier not otherwise covered.
(iii) A petition to revoke an
$2,600. exemption filed under 49 U.S.C. 13541(d).
(3) An application for approval of a $27,700. 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....... $4,600.
(ii) Minor amendment............ $100.
(5) An application for temporary
$500. authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i).
(6) A notice of exemption for
$1,700. 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
$7,300. certificate authorizing the extension, acquisition, or operation of lines of railroad. 49
U.S.C. 10901.
(ii) Notice of exemption under 49
$1,800.
CFR 1150.31-1150.35.
Page 34651
(iii) Petition for exemption under
$12,600. 49 U.S.C. 10502.
(12)(i) An application involving the $74,900. construction of a rail line.
(ii) A notice of exemption involving $1,800. construction of a rail line under 49 CFR 1150.36.
(iii) A petition for exemption under $74,900. 49 U.S.C. 10502 involving construction of a rail line.
(iv) A request for determination of $200. 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 class II $6,200. or class III carrier to acquire an extended or additional rail line under 49 U.S.C. 10902.
(ii) Notice of exemption under 49
$1,800.
CFR 1150.41-1150.45.
(iii) Petition for exemption under
$6,600. 49 U.S.C. 10502 relating to an exemption from the provisions of 49
U.S.C. 10902.
(15) A notice of a modified
$1,700. certificate 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 $22,200. 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 abandonment $3,700. or discontinuance under 49 CFR 1152.50.
(iii) A petition for exemption under $6,300. 49 U.S.C. 10502.
(22) An application for authority to $450. 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 $1,900. railroads.
(24) A request for waiver of filing $1,800. requirements for abandonment application proceedings.
(25) An offer of financial
$1,500. 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
$22,700. conditions for the sale of or subsidy for a rail line proposed to be abandoned.
(27)(i) A request for a trail use
$200. condition in an abandonment proceeding under 16 U.S.C. 1247(d).
(ii) A request to extend the period $450. to negotiate a trail use agreement.
(28)-(35) [Reserved]................
PART IV: Rail Applications to Enter Upon a Particular Financial Transaction or
Joint Arrangement:
(36) An application for use of
$19,000. terminal facilities or other applications under 49 U.S.C. 11102.
(37) An application for the pooling $10,200. 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........... $1,496,900.
(ii) Significant transaction.... $299,400.
(iii) Minor transaction......... $7,500.
(iv) Notice of an exempt
$1,700. transaction under 49 CFR 1180.2(d).
(v) Responsive application...... $7,500.
(vi) Petition for exemption
$9,400. under 49 U.S.C. 10502.
(vii) A request for waiver or
$5,500. clarification of regulations filed in a major financial proceeding as defined at 49 CFR 1180.2(a).
(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........... $1,496,900.
(ii) Significant transaction.... $299,400.
(iii) Minor transaction......... $7,500.
(iv) A notice of an exempt
$1,300. transaction under 49 CFR 1180.2(d).
(v) Responsive application...... $7,500.
(vi) Petition for exemption
$9,400. under 49 U.S.C. 10502.
(vii) A request for waiver or
$5,500. 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........... $1,496,900.
(ii) Significant transaction.... $299,400.
(iii) Minor transaction......... $7,500.
(iv) Notice of an exempt
$1,200. transaction under 49 CFR 1180.2(d).
(v) Responsive application...... $7,500.
(vi) Petition for exemption
$9,400. under 49 U.S.C. 10502.
(vii) A request for waiver or
$5,500. 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........... $1,496,900.
(ii) Significant transaction.... $299,400.
(iii) Minor transaction......... $7,500.
(iv) Notice of an exempt
$1,400. transaction under 49 CFR 1180.2(d).
(v) Responsive application...... $7,500.
(vi) Petition for exemption
$6,600. under 49 U.S.C. 10502.
(vii) A request for waiver or
$5,500. clarification of regulations filed in a major financial proceeding as defined at 49 CFR 1180.2(a).
Page 34652
(42) Notice of a joint project
$2,400. involving relocation of a rail line under 49 CFR 1180.2(d)(5).
(43) An application for approval of $70,100. 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. 10706:
(i) Significant amendment....... $13,000.
(ii) Minor amendment............ $100.
(45) An application for authority to $750. hold a position as officer or director under 49 U.S.C. 11328.
(46) A petition for exemption under $8,000. 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise covered.
(47) National Railroad Passenger
$200.
Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger
$200.
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 complaints $20,700.
(except competitive access complaints).
(v) Competitive access
$150. complaints.
(vi) A request for an order
$200. compelling a rail carrier to establish a common carrier rate.
(57) A complaint seeking or a
$8,900. 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 declaratory
$1,000. 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
$7,000. antitrust immunity. 49 U.S.C. 10706(a)(5)(A).
(60) Labor arbitration proceedings.. $200.
(61)(i) An appeal of a Surface
$200.
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
$350.
Transportation Board decision on procedural matters except discovery rulings.
(62) Motor carrier undercharge
$200. proceedings.
(63)(i) Expedited relief for service $200. inadequacies: A request for expedited relief under 49 U.S.C. 11123 and 49 CFR part 1146 for service emergency.
(ii) Expedited relief for service
$200. inadequacies: A request for temporary relief under 49 U.S.C. 10705 and 11102, and 49 CFR part 1147 for service inadequacies.
(64) A request for waiver or
$600. 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:
(76) An application for authority to $1,200. 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
$100. permission for short notice or the waiver of other tariff publishing requirements.
(78) The filing of tariffs,
$1 per page. ($24 minimum including supplements, or contract charge.) summaries.
(79) Special docket applications from rail and water carriers:
(i) Applications involving
$75.
$25,000 or less.
(ii) Applications involving over $150.
$25,000.
(80) Informal complaint about rail
$600. rate applications.
(81) Tariff reconciliation petitions from motor common carriers:
(i) Petitions involving $25,000 $75. or less.
(ii) Petitions involving over
$150.
$25,000.
(82) Request for a determination of $200. the applicability or reasonableness of motor carrier rates under 49
U.S.C. 13710(a)(2) and (3).
(83) Filing of documents for
$41 per document. recordation. 49 U.S.C. 11301 and 49
CFR 1177.3(c)..
(84) Informal opinions about rate
$250. applications (all modes).
(85) A railroad accounting
$1,100. interpretation.
(86)(i) A request for an informal
$1,400. opinion not otherwise covered.
(ii) A proposal to use on a voting
$5,700. 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 informal
$500. 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 adjudicatory $200. services not otherwise covered.
(89)-(95) [Reserved]................
PART VII: Services:
(96) Messenger delivery of decision $32 per delivery. to a railroad carrier's Washington,
DC, agent.
Page 34653
(97) Request for service or pleading $24 per list. list for proceedings.
(98) Processing the paperwork related to a request for the
Carload Waybill Sample to be used in a Surface Transportation Board or State proceeding that:
(i) Does not require a Federal
Register notice:
(a) Set cost portion........ $150.
(b) Sliding cost portion.... $47 per party.
(ii) Does require a Federal
Register notice:
(a) Set cost portion........ $400.
(b) Sliding cost portion.... $47 per party.
(99)(i) Application fee for the
$150.
Surface Transportation Board's
Practitioners' Exam.
(ii) Practitioners' Exam
$25.
Information Package.
(100) Carload Waybill Sample data:
(i) Requests for Public Use File $250 per year. for all years prior to the most current year Carload Waybill
Sample data available, provided on CD-R.
(ii) Specialized programming for $104 per hour.
Waybill requests to the Board.
* * * * *
FR Doc. E8-13554 Filed 6-17-08; 8:45 am
BILLING CODE 4915-01-P
