[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32071]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1002

[Ex Parte No. 246 (Sub-No. 13)]

 

Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--1995 Update

AGENCY: Interstate Commerce Commission.

ACTION: Final rule.

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

SUMMARY: The Commission adopts its 1995 User Fee Update and revises its 
fee schedule at this time to recover the cost associated with the 
January 1995 Government salary increases.

EFFECTIVE DATE: These rules are effective on February 1, 1995.

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

SUPPLEMENTARY INFORMATION: Since 1985, the Commission has issued an 
annual decision that updates its user fee schedule as required by the 
regulations in 49 CFR 1002.3. In previous fee update decisions, which 
generally were effective in October, the Commission's fees were revised 
based on the cost study formula set forth at 49 CFR 1002.3(d). Also, in 
certain years, selected fees were modified to reflect new cost study 
data or changes in Commission fee policy.
    In Regulations Governing Fees For Services--1994 Update, 10 
I.C.C.2d 194 (1994), the Commission changed the regulations in 49 CFR 
1002.3(a) to provide that the entire fee schedule, or selected fees, 
could be modified more than once a year, if necessary. Because 
Commission employees will receive a salary increase of 3.22% in January 
1995, we are updating our user fees, effective February 1, 1995, to 
recover our increased personnel cost. All fees will be updated based on 
our cost formula contained in 49 CFR 1002.3(d).
    The fee increases involved here result only from the mechanical 
application of the update formula in 49 CFR 1002.3(d), which was 
adopted through notice and comment procedures in Regulations Governing 
Fees for Services--1987 Update, 4 I.C.C.2d 137 (1987). Therefore, we 
believe that good cause exists for finding that notice and comment is 
unnecessary for this proceeding. See Regulations Governing Fees For 
Services--1990 Update, 7 I.C.C.2d 3 (1990), Regulations Governing Fees 
For Services--1991 Update, 8 I.C.C.2d 13 (1991), and Regulations 
Governing Fees For Services--1993 Update, 9 I.C.C.2d 855 (1993).
    We conclude that these fee changes, which are being adopted here, 
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.
    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 Dynamic Concepts, Inc., Room 2229, Interstate Commerce 
Commission Building, 1201 Constitution Avenue, N.W., Washington, DC 
20423. Telephone: (202) 289-4357/4359. [Assistance for the hearing 
impaired is available through TDD services (202) 927-5721.]

List of Subjects in 49 CFR Part 1002

    Administrative practice and procedure, Common carriers, Freedom of 
information, User fees.

    Decided: December 21, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Morgan, 
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1002, of the Code of Federal Regulations is amended as follows:

PART 1002--FEES

    1. The authority citation for part 1002 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a)(4)(A), 5 U.S.C. 553, 31 U.S.C. 9701 
and 49 U.S.C. 10321.

    2. Section 1002.1 is amended by revising paragraphs (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.

* * * * *
    (d) Electrostatic copies of tariffs, reports, and other public 
documents, at the rate of $.80 per letter size or legal size exposure. 
A minimum charge of $5.00 will be made for this service.
    (e)  * * *
    (1) A fee of $41.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for ADP data.
* * * * *
    (f) * * *
    (6)  * * *

------------------------------------------------------------------------
           Grade              Rate              Grade              Rate 
------------------------------------------------------------------------
GS-1......................    $6.95   GS-9.....................   $16.24
GS-2......................     7.57   GS-10....................    17.88
GS-3......................     8.53   GS-11....................    19.64
GS-4......................     9.58   GS-12....................    23.54
GS-5......................    10.72   GS-13....................    28.00
GS-6......................    11.94   GS-14....................    33.08
GS-7......................    13.27   GS-15 and over...........    38.92
GS-8......................    14.70   .........................         
------------------------------------------------------------------------

* * * * *
    3. Section 1002.2 is amended by revising paragraph (f) to read as 
follows:


Sec. 1002.2  Filing fees.

* * * * *
    (f) Schedule of filing fees.

------------------------------------------------------------------------
          Type of proceeding                          Fee               
------------------------------------------------------------------------
Part I: Non-Rail Applications for                                       
 Operating Authority or Exemptions:                                     
    (1) An application for motor       $300.                            
     carrier operating authority; a                                     
     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     150.                             
     for motor common carrier                                           
     authority 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     2,900.                           
     clarify an operating authority                                     
     under 49 CFR 1160.66.                                              
    (4) A request seeking the          50.                              
     modification of operating                                          
     authority only 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  200.                             
     to transport explosives under 49                                   
     U.S.C. 10922 or 10923.                                             
    (6) An application to remove       300.                             
     restriction or broaden unduly                                      
     narrow authority.                                                  
    (7) An application for authority   150.                             
     to deviate from authorized                                         
     regular-route authority.                                           
    (8) An application for motor       100.                             
     carrier or water carrier                                           
     temporary authority under 49                                       
     U.S.C. 10928.                                                      
    (9) An application for motor       100.                             
     carrier emergency temporary                                        
     authority under 49 U.S.C.                                          
     10928(c)(1).                                                       
    (10) An extension of the time      27.                              
     period during which an                                             
     outstanding application for                                        
     temporary or emergency temporary                                   
     authority as defined in 49                                         
     U.S.C. 10928 may continue.                                         
    (11) Request for name change of    13.                              
     carrier, broker, or household                                      
     goods freight forwarder.                                           
    (12) A notice required by 49       150.                             
     U.S.C. 10524(b) to engage in                                       
     compensated intercorporate                                         
     hauling including an updated                                       
     notice required by 49 CFR 1167.3.                                  
    (13) A notice of intent to         70.                              
     operate under the agricultural                                     
     co-operative exemption in 49                                       
     U.S.C. 10526(a)(5).                                                
    (14) [Reserved]                                                     
    (15) A joint petition to           30.                              
     substitute applicant in a                                          
     pending operating rights                                           
     proceeding.                                                        
    (16) [Reserved]                                                     
Part II: Non-Rail Proceedings to                                        
 Discontinue Transportation:                                            
    (17) A notice or petition to       12,000.                          
     discontinue ferry service under                                    
     49 U.S.C. 10908.                                                   
    (18) A petition to discontinue     1,000.                           
     motor carrier of passenger                                         
     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        2,300.                           
     pooling or division of traffic.                                    
    (21) An application involving the  1,100.                           
     purchase, lease, consolidation,                                    
     merger, or acquisition of                                          
     control of a motor or water                                        
     carrier or carriers under 49                                       
     U.S.C. 11343.                                                      
    (22) An application for approval   14,600.                          
     of a non-rail rate association                                     
     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  250.                             
     authority to operate a motor or                                    
     water carrier. 49 U.S.C. 11349.                                    
    (25) An application to transfer    300.                             
     or lease a certificate or                                          
     permit, 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      300.                             
     under 49 U.S.C. 11343(e).                                          
    (28)-(32) [Reserved].............                                   
Part IV: Rail Licensing Proceedings                                     
 other than Abandonment or                                              
 Discontinuance Proceedings:                                            
    (33) (i) An application for a      3,800.                           
     certificate authorizing the                                        
     construction, extension,                                           
     acquisition, or operation of                                       
     lines of railroad. 49 U.S.C.                                       
     10901.                                                             
        (ii) Notice of exemption       950.                             
         under 49 CFR 1150.31-1150.35.                                  
        (iii) Petition for exemption   3,000.                           
         under 49 U.S.C. 10505.                                         
    (34) A Feeder Line Development     4,700.                           
     Program application filed under                                    
     49 U.S.C. 10910(b)(1)(A)(i).                                       
    (35) A Feeder Line Development     2,600.                           
     Program application filed under                                    
     49 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        11,700.                          
     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 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       1,900.                           
         abandonments or                                                
         discontinuances under 49 CFR                                   
         1152.50.                                                       
        (iii) A petition for           3,300.                           
         exemption under 49 U.S.C.                                      
         10505.                                                         
    (39) An application for authority  250.                             
     to abandon all or a portion of a                                   
     line of a railroad or operation                                    
     thereof filed by Consolidated                                      
     Rail Corporation pursuant to                                       
     North East Rail Service Act.                                       
    (40) Abandonments filed by         1,000.                           
     bankrupt railroads. 49 CFR                                         
     1152.40.                                                           
    (41) [Reserved]..................                                   
    (42) A notice or petition to       11,900.                          
     discontinue passenger train                                        
     service.                                                           
    (43) [Reserved]..................                                   
Part VI: Rail Applications to Enter                                     
 Upon a Particular Financial                                            
 Transaction or Joint Arrangement:                                      
    (44) An application for use of     10,000.                          
     terminal facilities or other                                       
     applications under 49 U.S.C.                                       
     11103.                                                             
    (45) An application for the        5,400.                           
     pooling or division of traffic.                                    
     49 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........  196,900.                         
        (ii) Significant transaction.  39,300.                          
        (iii) Minor transaction......  3,300.                           
        (iv) Notice of an exempt       900.                             
         transaction under 49 CFR                                       
         1180.2(d).                                                     
        (v) Responsive application...  3,300.                           
        (vi) Petition for exemption    3,625.                           
         under 49 U.S.C. 10505.                                         
    (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........  196,900.                         
        (ii) Significant transaction.  39,300.                          
        (iii) Minor transaction......  3,300.                           
        (iv) A notice of an exempt     700.                             
         transaction under 49 CFR                                       
         1180.2(d).                                                     
        (v) Responsive application...  3,300.                           
        (vi) Petition for exemption    3,625.                           
         under 49 U.S.C. 10505.                                         
    (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........  196,900.                         
        (ii) Significant transaction.  39,300.                          
        (iii) Minor transaction......  3,300.                           
        (iv) Notice of an exempt       650.                             
         transaction under 49 CFR                                       
         1180.2(d).                                                     
        (v) Responsive application...  3,300.                           
        (vi) Petition for exemption    3,625.                           
         under 49 U.S.C. 10505.                                         
    (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........  196,900.                         
        (ii) Significant transaction.  39,300.                          
        (iii) Minor transaction......  3,300.                           
        (iv) Notice of an exempt       750.                             
         transaction under 49 CFR                                       
         1180.2(d).                                                     
        (v) Responsive application...  3,300.                           
        (vi) Petition for exemption    3,625.                           
         under 49 U.S.C. 10505.                                         
    (50) An application for a          39,300.                          
     determination of fact of                                           
     competition. 49 U.S.C.                                             
     11321(a)(2) or (b).                                                
    (51) An application for approval   37,000.                          
     of a rail rate association                                         
     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  400.                             
     to hold a position as officer or                                   
     director. 49 U.S.C. 11322.                                         
    (54) (i) An application to issue   1,700.                           
     securities; an application to                                      
     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       150.                             
         transaction under 49 CFR                                       
         part 1175.                                                     
    (55) A petition for exemption      1,625.                           
     under 49 U.S.C. 10505 (other                                       
     than a rulemaking) filed by rail                                   
     carriers not otherwise covered.                                    
    (56)-(59) [Reserved].............                                   
Part VII: Formal Proceedings:                                           
    (60) A complaint alleging          1,000.                           
     unlawful rates or practices of                                     
     carriers, property brokers, or                                     
     freight forwarders of household                                    
     goods.                                                             
    (61) A complaint seeking or a      4,700.                           
     petition requesting institution                                    
     of 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             1,000.                           
         declaratory order involving                                    
         dispute over an existing                                       
         rate or practice which is                                      
         comparable to a complaint                                      
         proceedings.                                                   
        (ii) All other petitions for   1,400.                           
         declaratory order.                                             
    (63) Requests for nationwide and   8,200.                           
     regional collectively filed                                        
     general rate increases and major                                   
     rate restructures accompanied by                                   
     supporting cost and financial                                      
     information justifying the                                         
     increases.                                                         
    (64) A petition for exemption      300.                             
     from filing tariffs by bus                                         
     carriers.                                                          
    (65) An applicaton for shipper     3,700.                           
     antitrust immunity. 49 U.S.C.                                      
     10706(a)(5)(A).                                                    
    (66) Petition for review of State  1,000.                           
     regulation of intrastate rates,                                    
     rules, or practices filed by                                       
     interstate rail carriers. 49                                       
     U.S.C. 11501.                                                      
    (67) Petition for review of State  2,300.                           
     regulation of intrastate rates,                                    
     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  650.                             
     to establish released value                                        
     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    60.                              
     permission for short notice or                                     
     the waiver of other tariff                                         
     publishing requirements.                                           
    (74) (i) The filing of tariffs,    13 per series transmitted.       
     rate schedules, contracts, and/                                    
     or contract summaries, incuding                                    
     supplements.                                                       
        (ii) Tariffs transmitted by    1 per page.                      
         fax.                                                           
    (75) (i) Special docket            80.                              
     applications from rail and water                                   
     carriers (involving sums of more                                   
     than $25,000).                                                     
        (ii) Special docket            40.                              
         application involving sums                                     
         of $25,000 or less.                                            
    (76) Informal complaint about      300.                             
     rail rate application.                                             
    (77) (i) An application for        4,000.                           
     original qualification as self-                                    
     insurer for injury and property                                    
     damage insurance (BI&PD).                                          
        (ii) An application for        400.                             
         original qualification as                                      
         self-insurer for cargo                                         
         insurance.                                                     
    (78) A service fee for insurer,    $10 per accepted certificate or  
     surety, or self-insurer accepted   other instrument in lieu of a   
     certificate of insurance, surety   broker surety bond.             
     bond, or other instrument                                          
     submitted in lieu of a broker                                      
     surety bond.                                                       
    (79) A petition for waiver of any  450.                             
     provision of the lease and                                         
     interchange regulations. 49 CFR                                    
     Part 1057.                                                         
    (80) A petition for reinstatment   70.                              
     of revoked operating authority.                                    
    (81) Tariff reconciliation                                          
     petitions from motor common                                        
     carriers:                                                          
        (i) Petitions involving        40.                              
         $25,000 or less.                                               
        (ii) Petitions involving over  80.                              
         $25,000.                                                       
    (82) [Reserved].                                                    
    (83) Petition for reinstatement    400.                             
     of a dismissed operating rights                                    
     application.                                                       
    (84) Filing of documents for       21 per document.                 
     recordation. 49 U.S.C. 11303 and                                   
     49 CFR 1177.3(c).                                                  
    (85) Valuations of railroad lines  1,500.                           
     in conjunction with purchase                                       
     offers or subsidies in                                             
     abandonment proceedings.                                           
    (86) Informal opinions about rate  50.                              
     applications (all modes).                                          
    (87) (i) A railroad accounting     600.                             
     interpretation.                                                    
        (ii) A motor carrier           150.                             
         accounting interpretation.                                     
    (88) An operational                750.                             
     interpretation.                                                    
    (89)-(95) [Reserved].                                               
Part IX: Services:                                                      
    (96) Messenger delivery of         17 per delivery.                 
     decision to a railroad carrier's                                   
     Washington, DC, agent.                                             
    (97) Request for service or        13 per list.                     
     pleading list for proceedings.                                     
    (98) Requests for copies of the    150.                             
     1% carload waybill sample.                                         
    (99) Verification of surcharge     22 per movement verified.        
     level pursuant to Ex Parte No.                                     
     389, Procedures for Requesting                                     
     Rail Variable Cost & Revenue                                       
     Determination for Joint Rates                                      
     Subject to Surcharge or                                            
     Cancellation.                                                      
    (100) (i) Application fee for      100.                             
     Interstate Commerce Commission                                     
     Practitioners' Exam.                                               
        (ii) Practitioners' Exam       25.                              
         Information Package.                                           
    (101) Uniform Railroad Costing                                      
     System (URCS) software and                                         
     information:                                                       
        (i) Initial PC version URCS    25.                              
         Phase III software program                                     
         and manual.                                                    
        (ii) Updated URCS PC version   5.                               
         Phase III cost file, if                                        
         diskette provided by                                           
         requestor.                                                     
        (iii) Updated URCS PC version  10.                              
         Phase III cost file, if                                        
         diskette provided by the                                       
         Commission.                                                    
        (iv) Public requests for       500.                             
         Source Codes to the PC                                         
         version URCS Phase III.                                        
        (v) PC version or mainframe    200.                             
         version URCS Phase II.                                         
        (vi) PC version or mainframe   25.                              
         version Updated Phase II                                       
         databases.                                                     
        (vii) Public requests for      1,000.                           
         Source Codes to PC version                                     
         URCS Phase II.                                                 
    (102) Faxed copies of operating    5.                               
     authority to applicants or their                                   
     representatives who did not                                        
     receive a served copy.                                             
------------------------------------------------------------------------

* * * * *

[FR Doc. 94-32071 Filed 12-29-94; 8:45 am]
BILLING CODE 7035-01-P