Fees for Services Performed in Connection With Licensing and Related Services-2012 Update
Federal Register, Volume 77 Issue 145 (Friday, July 27, 2012)
Federal Register Volume 77, Number 145 (Friday, July 27, 2012)
Rules and Regulations
Pages 44158-44161
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-17923
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Docket No. EP 542 (Sub-No. 20)
Fees for Services Performed in Connection With Licensing and Related Services--2012 Update
AGENCY: Surface Transportation Board, DOT.
ACTION: Final rules.
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SUMMARY: The Board adopts its 2012 user-fee update and revises its fee schedule to reflect some increases to its full cost calculations, the result of no wage & salary increases given in January 2012, no change to publication costs from their 2011 levels, coupled with both increases and decreases to the Board's three overhead cost factors.
DATES: This rule is effective August 26, 2012.
FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245-0327, or Barbara Saddler (202) 245-0362. TDD for the hearing impaired: 1-800-
877-8339.
SUPPLEMENTARY INFORMATION: The Board's regulations at 49 CFR 1002.3 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). The fee changes adopted here, reflect a combination of the unchanged wage and salary costs from the 2011 User Fee Update decision; no change in publication costs; plus changes to the three Board overhead cost factors (two increased & one decreased from their comparable 2011 levels), resulting from the mechanical application of the update formula in 49 CFR 1002.3(d). Results from the formula application indicate that justified fee amounts in this 2012 update decision either remain unchanged (61 fee or sub-fee items) or increase (64 fee or sub-fee items) from their respective 2011 update levels. No new fee items are 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: July 17, 2012.
By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman.
Jeffrey Herzig,
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
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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).
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In Sec. 1002.2, paragraph (f) is revised as follows:
Sec. 1002.2 Filing fees.
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(f) Schedule of filing fees.
Page 44159
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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 $4,500
division of traffic.
(2) (i) An application involving the 2,100
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 3,300
under 49 U.S.C. 13541 (other than
a rulemaking) filed by a non-rail
carrier not otherwise covered.
(iii) A petition to revoke an 2,700
exemption filed under 49 U.S.C.
13541(d).
(3) An application for approval of a 28,400
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......... 4,700
(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 7,400
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 115031-115035.
(iii) Petition for exemption under 12,900
49 U.S.C. 10502.
(12) (i) An application involving the 76,700
construction of a rail line.
(ii) A notice of exemption 1,800
involving construction of a rail
line under 49 CFR 115036.
(iii) A petition for exemption 76,700
under 49 U.S.C. 10502 involving
construction of a rail line.
(iv) A request for determination 250
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 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 6,300
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 115041-115045.
(iii) Petition for exemption under 6,800
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 115021-115024.
(16) An application for a land-use- 6,200
exemption permit for a facility
existing as of October 16, 2008 under
49 U.S.C. 10909.
(17) An application for a land-use- 21,700
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 authority 22,800
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 3,700
abandonment or discontinuance
under 49 CFR 1152.50.
(iii) A petition for exemption 6,500
under 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 assistance 1,600
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 23,300
conditions for the sale of or subsidy
for a rail line proposed to be
abandoned.
(27) (i) A request for a trail use 250
condition in an abandonment proceeding
under 16 U.S.C.1247(d).
(ii) A request to extend the 450
period 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 19,400
terminal facilities or other
applications under 49 U.S.C. 11102.
(37) An application for the pooling or 10,500
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............. 1,533,500
(ii) Significant transaction...... 306,700
(iii) Minor transaction........... 7,600
(iv) Notice of an exempt 1,700
transaction under 49 CFR 11802(d).
(v) Responsive application........ 7,600
(vi) Petition for exemption under 9,600
49 U.S.C. 10502.
(vii) A request for waiver or 5,600
clarification of regulations filed
in a major financial proceeding as
defined at 49 CFR 11802(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............. 1,533,500
(ii) Significant transaction...... 306,700
(iii) Minor transaction........... 7,600
(iv) A notice of an exempt 1,300
transaction under 49 CFR 11802(d).
Page 44160
(v) Responsive application........ 7,600
(vi) Petition for exemption under 9,600
49 U.S.C. 10502.
(vii) A request for waiver or 5,600
clarification of regulations filed
in a major financial proceeding as
defined at 49 CFR 11802(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............. 1,533,500
(ii) Significant transaction...... 306,700
(iii) Minor transaction........... 7,600
(iv) Notice of an exempt 1,200
transaction under 49 CFR 11802(d).
(v) Responsive application........ 7,600
(vi) Petition for exemption under 9,600
49 U.S.C. 10502.
(vii) A request for waiver or 5,600
clarification of regulations filed
in a major financial proceeding as
defined at 49 CFR 11802(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............. 1,533,500
(ii) Significant transaction...... 306,700
(iii) Minor transaction........... 7,600
(iv) Notice of an exempt 1,400
transaction under 49 CFR 11802(d).
(v) Responsive application......... 7,600
(vi) Petition for exemption under 6,800
49 U.S.C. 10502.
(vii) A request for waiver or 5,600
clarification of regulations filed
in a major financial proceeding as
defined at 49 CFR 11802(a).
(42) Notice of a joint project 2,400
involving relocation of a rail line
under 49 CFR 11802(d)(5).
(43) An application for approval of a 71,800
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......... 13,300
(ii) Minor amendment.............. 100
(45) An application for authority to 800
hold a position as officer or director
under 49 U.S.C. 11328.
(46) A petition for exemption under 49 8,200
U.S.C. 10502 (other than a rulemaking)
filed by rail carrier not otherwise
covered.
(47) National Railroad Passenger 250
Corporation (Amtrak) conveyance
proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger 250
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 under 350
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 involving 350
rail maximum rates filed under the
Simplified-SAC methodology.
(iii) A formal complaint involving 150
rail maximum rates filed under the
Three Benchmark methodology.
(iv) All other formal complaints 350
(except competitive access
complaints).
(v) Competitive access complaints. 150
(vi) A request for an order 250
compelling a rail carrier to
establish a common carrier rate.
(57) A complaint seeking or a petition 9,100
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 7,200
antitrust immunity. 49 U.S.C.
10706(a)(5)(A).
(60) Labor arbitration proceedings.... 250
(61) (i) An appeal of a Surface 250
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 250
proceedings.
(63) (i) Expedited relief for service 250
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 250
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 600
clarification of regulations except
one filed in an abandonment or
discontinuance proceeding, or in a
major financial proceeding as defined
at 49 CFR 11802(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, including 1 per page. (25 min.
supplements, or contract summaries. charge.)
(79) Special docket applications from ...........................
rail and water carriers:
(i) Applications involving $25,000 75
or less.
(ii) Applications involving over 150
$25,000.
(80) Informal complaint about rail 600
rate applications.
Page 44161
(81) Tariff reconciliation petitions ...........................
from motor common carriers:
(i) Petitions involving $25,000 or 75
less.
(ii) Petitions involving over 150
$25,000.
(82) Request for a determination of 250
the applicability or reasonableness of
motor carrier rates under 49 U.S.C.
13710(a)(2) and (3).
(83) Filing of documents for $42 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 1,500
opinion not otherwise covered.
(ii) A proposal to use on a voting 5,200
trust agreement pursuant to 49 CFR
part 1013 and 49 CFR
11804(b)(4)(iv) in connection with
a major control proceeding as
defined at 49 CFR 11802(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 part 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 250
services not otherwise covered.
(89)-(95) Reserved ...........................
PART VII: Services: ...........................
(96) Messenger delivery of decision to 33 per delivery.
a railroad carrier's Washington, DC,
agent.
(97) Request for service or pleading 25 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...... $48 per party.
(ii) Does require a Federal ...........................
Register notice:
(a) Set cost portion.......... 400
(b) Sliding cost portion...... $48 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 $112 per hour.
Waybill requests to the Board.
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FR Doc. 2012-17923 Filed 7-26-12; 8:45 am
BILLING CODE 4915-01-P
