[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13907]


[[Page Unknown]]

[Federal Register: June 8, 1994]


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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1002

[Ex Parte No. 246 (Sub-No. 12)]

 

Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--1994 Update

AGENCY: Interstate Commerce Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Commission proposes to adopt the 1994 User Fee Update and 
revise its fee schedule in compliance with the regulatory requirement 
that its fees be updated annually. Several new fee items are proposed. 
In addition, the Commission proposes to realign and clarify some fee 
items and to adopt fee policy changes which will improve the 
Commission's user fee program.

DATES: Comments on this proposal are due July 8, 1994.

ADDRESSES: Send an original and 15 copies of comments referring to Ex 
Parte No. 246 (Sub-No. 12) to: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Kathleen M. King, (202) 927-5493 or 
for costing questions David T. Groves, (202) (927-6395) or John C. 
Pertino, (202) 927-6229. [TDD for hearing impaired: (202) 927-5721].

SUPPLEMENTARY INFORMATION: Most of the proposed fee revisions result 
from the application of the Commission's fee update formula and the 
addition of new direct labor costs for processing fees and checks.
    One of the most common fee items which is proposed to be increased 
is Fee Item (74)(i) for tariff filings. Based on the fee update process 
and addition of fee and check processing costs, the fee would increase 
to $13.00. In addition, a special assessment of $2.16 will cover the 
cost of the Commission's new tariff optical imaging system and should 
be added to the fee item cost. Therefore, the Commission proposes to 
increase the tariff filing fee to $15.00.
    In addition, the Commission is proposing to modify the fees for 
previously capped rail finance, abandonment, and exemption proceedings 
based on a current cost study. However, the Commission is deferring any 
increases in the capped fees for rail finance petitions for exemption 
and complaints and complaint-type declaratory order proceedings until 
next year, because the costs of those fee items are still under study.
    The Commission also is proposing to adopt new fee items for 
accounting interpretations, operational interpretations, extensions of 
temporary authority, special docket proceedings involving sums of less 
than $25,000, requests for pleadings lists, the Practitioners' Exam 
information package, Uniform Railroad Costing System (URCS) software 
and information, and faxed copies of operating authority.
    The fee policy changes proposed will allow the Commission: (1) To 
accept foreign checks payable in U.S. currency; (2) to update user fees 
more than once a year; and (3) to charge for publications.
    The Commission believes these fee changes will not have a 
significant economic impact on a substantial number of small entities 
because the Commission's regulations provide for waiver of filing fees 
for those entities which can make the required showing of financial 
hardship. The proposed fee policy changes will not have a significant 
economic impact on a substantial number of small entities because those 
changes only involve minor revisions of the Commission's user fee 
policy.
    Additional information is contained in the Commission's decision. 
To obtain a copy of the full decision, write, call, or pick up in 
person from: Office of the Secretary, room 2215, Interstate Commerce 
Commission, Washington, DC 20423. Telephone: (202) 927-7428. 
[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: May 31, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
Commissioners Simmons and Morgan.
Sidney L. Strickland, Jr.,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1002, of the Code of Federal Regulations is proposed to be 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), 5 U.S.C. 553, 31 U.S.C. 9701 
and 49 U.S.C. 10321.

    2. Section 1002.1 is proposed to be amended by revising paragraphs 
(a), (b), (c), (d), 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, $9.00.
    (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 $23.00 per hour.
    (c) Service involved in checking records to be certified to 
determine authenticity, including clerical work etc., incidental 
thereto, at the rate of $16.00 per hour.
    (d) Electrostatic copies of tariffs, reports, and other public 
documents, at the rate of $.70 per letter size or legal size exposure. 
A minimum charge of $5.00 will be made for this service.
    (e) * * *
    (1) A fee of $38.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for ADP data.
* * * * *
    (f) * * *
    (6) * * *

------------------------------------------------------------------------
                            Grade                                Rate   
------------------------------------------------------------------------
GS-1.........................................................      $6.74
GS-2.........................................................       7.33
GS-3.........................................................       8.27
GS-4.........................................................       9.28
GS-5.........................................................      10.38
GS-6.........................................................      11.57
GS-7.........................................................      12.86
GS-8.........................................................      14.24
GS-9.........................................................      15.73
GS-10........................................................      17.32
GS-11........................................................      19.03
GS-12........................................................      22.81
GS-13........................................................      27.12
GS-14........................................................      32.05
GS-15 and over...............................................      37.70
------------------------------------------------------------------------

 * * * * *
    3. Section 1002.2 is proposed to be amended by revising paragraphs 
(a)(3) and (f) to read as follows:


Sec. 1002.2  Filing fees.

    (a) * * *
    (3) Fees will be payable to the Interstate Commerce Commission by a 
check payable in United States currency drawn upon funds deposited in a 
United States or foreign bank or other financial institution, money 
order payable in United States' currency, or credit card (VISA or 
MASTERCARD).
* * * * *
    (f) Schedule of filing fees. 

----------------------------------------------------------------------------------------------------------------
                          Type of proceeding                                               Fee                  
----------------------------------------------------------------------------------------------------------------
Part I: Non-Rail Applications for Operating Authority or Exemptions:                                            
    (1) An application for motor carrier operating authority; a         $300                                    
     certificate of registration including a certificate of                                                     
     registration for certain foreign carriers; broker authority;                                               
     water carrier operating or exemption authority; or household                                               
     goods freight forwarder authority.                                                                         
    (2) A fitness-only application for motor common carrier authority   150                                     
     under 49 U.S.C. 10922(b)(4)(E) or motor contract authority under                                           
     49 U.S.C. 10923(b)(5)(A) to transport food and related products.                                           
    (3) A petition to interpret or clarify an operating authority       2,800                                   
     under 49 CFR 1160.66.                                                                                      
    (4) A request seeking the modification of operating authority only  50                                      
     to the extent of making a ministerial correction, when the                                                 
     original error was caused by applicant, a change in the name of                                            
     the shipper or owner of a plant site, or the change of a highway                                           
     name or number.                                                                                            
    (5) A petition to renew authority to transport explosives under 49  200                                     
     U.S.C. 10922 or 10923.                                                                                     
    (6) An application to remove restriction or broaden unduly narrow   300                                     
     authority.                                                                                                 
    (7) An application for authority to deviate from authorized         150                                     
     regular-route authority.                                                                                   
    (8) An application for motor carrier or water carrier temporary     100                                     
     authority under 49 U.S.C. 10928.                                                                           
    (9) An application for motor carrier emergency temporary authority  100                                     
     under 49 U.S.C. 10928(c)(1).                                                                               
    (10) An extension of the time period during which an outstanding    26                                      
     application for temporary or emergency temporary authority as                                              
     defined in 49 U.S.C. 10928 may continue.                                                                   
    (11) Request for name change of carrier, broker, or household       13                                      
     goods freight forwarder.                                                                                   
    (12) A notice required by 49 U.S.C. 10524(b) to engage in           150                                     
     compensated intercorporate hauling including an updated notice                                             
     required by 49 CFR 1167.3.                                                                                 
    (13) A notice of intent to operate under the agricultural co-       70                                      
     operative exemption in 49 U.S.C. 10526(a)(5).                                                              
    (14) [Reserved]...................................................                                          
    (15) A joint petition to substitute applicant in a pending          30                                      
     operating rights proceeding.                                                                               
    (16) [Reserved].                                                    ........................................
Part II: Non-Rail Proceedings to Discontinue Transportation:                                                    
    (17) A notice or petition to discontinue ferry service under 49     11,900                                  
     U.S.C. 10908.                                                                                              
    (18) A petition to discontinue motor carrier of passenger           1,000                                   
     transportation in one state.                                                                               
    (19) [Reserved].                                                                                            
Part III: Non-Rail Applications or Proceedings to Enter Upon a                                                  
 Particular Financial Transaction or Joint Arrangement:                                                         
    (20) An application for the pooling or division of traffic........  2,300                                   
    (21) An application involving the purchase, lease, consolidation,   1,100                                   
     merger, or acquisition of control of a motor or water carrier or                                           
     carriers under 49 U.S.C. 11343.                                                                            
    (22) An application for approval of a non-rail rate association     14,500                                  
     agreement 49 U.S.C. 10706.                                                                                 
    (23) An application for approval of an amendment to a non-rail                                              
     rate association agreement-                                                                                
        (i) Significant amendment.....................................  2,400                                   
        (ii) Minor amendment..........................................  50                                      
    (24) An application for temporary authority to operate a motor or   250                                     
     water carrier. 49 U.S.C. 11349.                                                                            
    (25) An application to transfer or lease a certificate or permit,   300                                     
     including a certificate of registration, and a broker's license                                            
     under 49 U.S.C. 10926, or a transfer of a water carrier exemption                                          
     authorized under 49 U.S.C. 10542 and 10544.                                                                
    (26) [Reserved].                                                                                            
    (27) A petition for exemption under 49 U.S.C. 11343(e)............  300                                     
    (28)-(32) [Reserved].                                                                                       
Part IV: Rail Licensing Proceedings other than Abandonment or                                                   
 Discontinuance Proceedings:                                                                                    
    (33):                                                                                                       
        (i) An application for a certificate authorizing the            3,800                                   
         construction, extension, acquisition, or operation of lines                                            
         of railroad. 49 U.S.C. 10901.                                                                          
        (ii) Notice of exemption under 49 CFR 1150.31-1150.35.........  950                                     
        (iii) Petition for exemption under 49 U.S.C. 10505............  3,000                                   
    (34) A Feeder Line Development Program application filed under 49   4,600                                   
     U.S.C. 10910(b)(1)(A)(i).                                                                                  
    (35) A Feeder Line Development Program application filed under 49   2,600                                   
     U.S.C. 10910(b(1)(A)(ii).                                                                                  
    (36)-(37) [Reserved]                                                                                        
Part V: Rail Abandonment or Discontinuance of Transportation Services                                           
 Proceedings:                                                                                                   
    (38):                                                                                                       
        (i) An application for authority to abandon all or a portion    11,600                                  
         of a line of railroad or discontinue operation thereof filed                                           
         by a railroad (except applications filed by Consolidated Rail                                          
         Corporation pursuant to the North East Rail Service Act                                                
         [Subtitle E of Title XI of Pub. L. 97-35], bankrupt                                                    
         railroads, or exempt abandonments under 49 CFR 1152.50).                                               
        (ii) Notice of an exempt abandonments or discontinuances under  1,900                                   
         49 CFR 1152.50.                                                                                        
        (iii) A petition for exemption under 49 U.S.C. 10505..........  3,300                                   
    (39) An application for authority to abandon all or a portion of a  250                                     
     line of railroad or operation thereof filed by Consolidated Rail                                           
     Corporation pursuant to North East Rail Service Act.                                                       
    (40) Abandonments filed by bankrupt railroads. 49 CFR 1152.40.....  950                                     
    (41) [Reserved].                                                                                            
    (42) A notice or petition to discontinue passenger train service..  11,800                                  
    (43) [Reserved].                                                                                            
Part VI: Rail Applications to Enter Upon a Particular Financial                                                 
 Transaction or Joint Arrangement:                                                                              
    (44) An application for use of terminal facilities or other         9,900                                   
     applications under 49 U.S.C. 11103.                                                                        
    (45) An application for the pooling or division of traffic. 49      5,400                                   
     U.S.C. 11342.                                                                                              
    (46) 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. 11343:                                              
        (i) Major transaction.........................................  195,200                                 
        (ii) Significant transaction..................................  39,000                                  
        (iii) Minor transaction.......................................  3,200                                   
        (iv) Notice of an exempt transaction under 49 CFR 1180.2(d)...  900                                     
        (v) Responsive application....................................  3,200                                   
        (vi) Petition for exemption under 49 U.S.C. 10505.............  3,625                                   
    (47) An application of a non-carrier to acquire control of two or                                           
     more carriers through ownership of stock or otherwise. 49 U.S.C.                                           
     11343:                                                                                                     
        (i) Major transaction.........................................  195,200                                 
        (ii) Significant transaction..................................  39,000                                  
        (iii) Minor transaction.......................................  3,200                                   
        (iv) A notice of an exempt transaction under 49 CFR 1180.2(d).  700                                     
        (v) Responsive application....................................  3,200                                   
        (vi) Petition for exemption under 49 U.S.C. 10505.............  3,625                                   
    (48) 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. 11343:                                                                                           
        (i) Major transaction.........................................  195,200                                 
        (ii) Significant transaction..................................  39,000                                  
        (iii) Minor transaction.......................................  3,200                                   
        (iv) Notice of an exempt transaction under 49 CFR 1180.2(d)...  650                                     
        (v) Responsive application....................................  3,200                                   
        (vi) Petition for exemption under 49 U.S.C. 10505.............  3,625                                   
    (49) 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.                                            
     11343:                                                                                                     
        (i) Major transaction.........................................  195,200                                 
        (ii) Significant transaction..................................  39,000                                  
        (iii) Minor transaction.......................................  3,200                                   
        (iv) Notice of an exempt transaction under 49 CFR 1180.2(d)...  750                                     
        (v) Responsive application....................................  3,200                                   
        (vi) Petition for exemption under 49 U.S.C. 10505.............  3,625                                   
    (50) An application for a determination of fact of competition. 49  39,000                                  
     U.S.C. 11321(a)(2) or (b).                                                                                 
    (51) An application for approval of a rail rate association         36,700                                  
     agreement. 49 U.S.C. 10706.                                                                                
    (52) An application for approval of an amendment to a rail rate                                             
     association agreement. 49 U.S.C. 10706:                                                                    
        (i) Significant amendment.....................................  6,800                                   
        (ii) Minor amendment..........................................  50                                      
    (53) An application for authority to hold a position as officer or  400                                     
     director. 49 U.S.C. 11322.                                                                                 
    (54):                                                                                                       
        (i) An application to issue securities; an application to       1,700                                   
         assume obligation or liability in respect to securities of                                             
         another; an application or petition for modification of an                                             
         outstanding authorization; or an application for competitive                                           
         bidding requirements of Ex Parte No. 158, under 49 CFR part                                            
         1175 and 49 U.S.C. 11301.                                                                              
        (ii) Notice of an exempt transaction under 49 CFR part 1175...  150                                     
    (55) A petition for exemption under 49 U.S.C. 10505 (other than a   1,625                                   
     rulemaking) filed by rail carriers not otherwise covered.                                                  
    (56)-(59) [Reserved].                                                                                       
Part VII: Formal Proceedings:                                                                                   
    (60) A complaint alleging unlawful rates or practices of carriers,  1,000                                   
     property brokers, or freight forwarders of household goods.                                                
    (61) A complaint seeking or a petition requesting institution of    4,600                                   
     an investigation seeking the prescription or division of joint                                             
     rates, fares, or charges. 49 U.S.C. 10705(f)(1)(A).                                                        
    (62) A petition for declaratory order:                                                                      
        (i) A petition for declaratory order involving dispute over an  1,000                                   
         existing rate or practice which is comparable to a complaint                                           
         proceeding.                                                                                            
        (ii) All other petitions for declaratory order................  1,300                                   
    (63) Requests for nationwide and regional collectively filed        8,100                                   
     general rate increases and major rate restructures accompanied by                                          
     supporting cost and financial information justifying the                                                   
     increases.                                                                                                 
    (64) A petition for exemption from filing tariffs by bus carriers.  250                                     
    (65) An application for shipper antitrust immunity. 49 U.S.C.       3,700                                   
     10706(a)(5)(A).                                                                                            
    (66) Petition for review of state regulation of intrastate rates,   1,000                                   
     rules, or practices filed by interstate rail carriers. 49 U.S.C.                                           
     11501.                                                                                                     
    (67) Petition for review of state regulation of intrastate rates,   2,300                                   
     rules, or practices filed by interstate bus carriers. 49 U.S.C.                                            
     11501.                                                                                                     
    (68)-(71) [Reserved].                                                                                       
Part VIII: Informal Proceedings:                                                                                
    (72) An application for authority to establish released value       650                                     
     rates or ratings under 49 U.S.C. 10730 (except that no fee will                                            
     be assessed for applications seeking such authority in connection                                          
     with reduced rates established to relieve distress caused by                                               
     drought or other natural disaster).                                                                        
    (73) An application for special permission for short notice or the  60                                      
     waiver of other tariff publishing requirements.                                                            
    (74):                                                                                                       
        (i) The filing of tariffs, rate schedules, contracts, and/or    15 per series transmitted.              
         contract summaries, including supplements.                                                             
        (ii) Tariffs transmitted by fax...............................  1 per page.                             
    (75):                                                                                                       
        (i) Special docket applications from rail and water carriers..  80                                      
        (ii) Special docket application involving sums of $25,000 or    40                                      
         less.                                                                                                  
    (76) Informal complaint about rail rate application...............  300                                     
    (77):                                                                                                       
        (i) An application for original qualification as self-insurer   3,900                                   
         for bodily injury and property damage insurance (BI&PD).                                               
        (ii) An application for original qualification as self-insurer  400                                     
         for cargo insurance.                                                                                   
    (78) A service fee for insurer, surety, or self-insurer accepted    10 per accepted certificate or other    
     certificate of insurance, surety bond, or other instrument          instrument in lieu of a broker surety  
     submitted in lieu of a broker surety bond.                          bond.                                  
    (79) A petition for waiver of any provision of the lease and        400                                     
     interchange regulations. 49 CFR Part 1057.                                                                 
    (80) A petition for reinstatement of revoked operating authority..  70                                      
    (81)-(82) [Reserved].                                                                                       
    (83) Petition for reinstatement of a dismissed operating rights     400                                     
     application.                                                                                               
    (84) Filing of documents for recordation. 49 U.S.C. 11303 and 49    21 per document.                        
     CFR 1177.3(c)                                                                                              
    (85) Valuations of railroad lines in conjunction with purchase      1,500                                   
     offers in abandonment proceeding.                                                                          
    (86) Informal opinions about rate applications (all modes)........  50                                      
    (87):                                                                                                       
        (i) A railroad accounting interpretation......................  600                                     
        (ii) A motor carrier accounting interpretation................  150                                     
    (88) An operational interpretation................................  750                                     
    (89)-(95) [Reserved]                                                                                        
Part IX: Services:                                                                                              
    (96) Messenger delivery of decision to a railroad carrier's         16 per delivery.                        
     Washington, DC, agent.                                                                                     
    (97) Request for service or pleading list for proceedings.........  12 per list.                            
    (98) Requests for copies of the 1% carload waybill sample.........  150                                     
    (99) Verification of surcharge level pursuant to Ex Parte No. 389,  22 per movement verified.               
     Procedures for Requesting Rail Variable Cost & Revenue                                                     
     Determination for Joint Rates Subject to Surcharge or                                                      
     Cancellation.                                                                                              
    (100):                                                                                                      
        (i) Application fee for Interstate Commerce Commission          100                                     
         Practitioners' Exam.                                                                                   
        (ii) Practitioners' Exam Information Package..................  25                                      
    (101) Uniform Railroad Costing System (URCS) software and                                                   
     information:                                                                                               
        (i) Initial PC version URCS Phase III software program and      25                                      
         manual.                                                                                                
        (ii) Updated URCS PC version Phase III cost file if diskette    5                                       
         provided by requestor.                                                                                 
        (iii) Updated URCS PC version Phase III cost file, if diskette  10                                      
         provided by the Commission.                                                                            
        (iv) Public requests for Source Codes to the PC version URCS    500                                     
         Phase III.                                                                                             
        (v) PC version or mainframe version URCS Phase II.............  200                                     
        (vi) PC version or mainframe version Updated Phase II           25                                      
         databases.                                                                                             
        (vii) Public requests for Source Codes to PC version URCS       1,000                                   
         Phase II.                                                                                              
    (102) Faxed copies of operating authority to applicants or their    5                                       
     representatives who did not receive a served copy.                                                         
----------------------------------------------------------------------------------------------------------------

    4. Section 1002.3 is proposed to be amended by revising paragraph 
(a) to read as follows:


Sec. 1002.3  Updating user fees.

    (a) Update. Each fee established in this part shall be updated in 
accordance with this section at least once a year. However, any fee may 
be updated more than once a year, if the Commission finds that an 
additional update is necessary.
* * * * *
[FR Doc. 94-13907 Filed 6-7-94; 8:45 am]
BILLING CODE 7035-01-P