[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Proposed Rules]
[Pages 15208-15212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8293]



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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542]


Regulations Governing Fees for Services Performed In Connection 
With Licensing and Related Services--1996 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of proposed rulemaking.

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[[Page 15209]]


SUMMARY: The Surface Transportation Board (Board) is proposing to adopt 
its 1996 User Fee Update and to revise its fee schedule at this time to 
recover the costs associated with providing services to the public.

DATES: Comments are due on May 6, 1996.

ADDRESSES: Send comments (an original and 10 copies referring to STB Ex 
Parte No. 5427) to: Surface Transportation Board, Office of the 
Secretary, Case Control Branch, 1201 Constitution Avenue NW., 
Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Kathleen M. King, (202) 927-5249 or 
David T. Groves, (202) 927-6395. [TDD for the hearing impaired: (202) 
927-5721.]

SUPPLEMENTARY INFORMATION: The Board's regulations in 49 CFR 1002.3 
require the Board to update its user fee schedule annually.1 In 
this proceeding, the Board proposes to revise its fee schedule based on 
the cost study formula set forth at 49 CFR 1002.3(d). The Board also 
proposes to modify selected fees to reflect new cost study data. In 
addition, new fees are proposed for services and activities that have 
not previously been included in the Board's user fee schedule.

    \1\ Effective January 1, 1996, the ICC Termination Act of 1995, 
Pub. L. No. 104-88, 109 Stat. 803 abolished the Interstate Commerce 
Commission and established the Board within the Department of 
Transportation. The Act provides that with certain exceptions, all 
regulations previously issued by the Commission shall continue in 
effect according to their terms until modified or terminated. 
Accordingly, all of the Commission's regulations, including those 
related to user fees in 49 CFR Part 1002 were transferred to the 
Board in Transfer of Regulations from the Interstate Commerce 
Commission to the Surface Transportation Board Pursuant to the ICC 
Termination Act of 1995, STB Ex Parte No. 525 61 FR 1842 (1-24-96).
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    In the current fee schedule, the fees for a number of Board 
proceedings have been set at less than fully distributed cost. The 
Board is proposing to adopt the policy of setting all of its user fees 
at a level that will recover the Board's full cost of providing the 
involved services. Accordingly, the Board proposes to establish the 
fees for such proceedings as major and significant rail mergers, rail 
finance proceedings, formal complaints, and petitions for declaratory 
order at the fully distributed cost level.
    In this proceeding, the Board also is proposing to update these 
regulations to reflect the recent enactment of the ICC Termination Act 
of 1995.
    The Board concludes that the fee changes proposed here will not 
have a significant economic impact on a substantial number of small 
entities because the Board's regulations in 49 CFR 1002.2(e) 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 DC News & Data, Inc., Room 2229, 1201 Constitution Avenue 
NW., 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: March 26, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner 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 proposed to be amended 
as follows:

PART 1002--FEES

    1. The authority citation for part 1002 is proposed to be revised 
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.

    2. Section 1002.1 is proposed to be amended by revising paragraphs 
(b), (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.

* * * * *
    (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 $24.00 per hour.
* * * * *
    (e) * * *
    (1) A fee of $42.00 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..........................................................     $7.13
GS-2..........................................................      7.76
GS-3..........................................................      8.75
GS-4..........................................................      9.82
GS-5..........................................................     10.99
GS-6..........................................................     12.25
GS-7..........................................................     13.61
GS-8..........................................................     15.07
GS-9..........................................................     16.65
GS-10.........................................................     18.33
GS-11.........................................................     20.14
GS-12.........................................................     24.14
GS-13.........................................................     28.71
GS-14.........................................................     33.93
GS-15 and over................................................     39.91
------------------------------------------------------------------------

* * * * *
    3. Section 1002.2 is proposed to be amended by revising paragraphs 
(d), and (f), and the heading of paragraph (e) to read as follows:


Sec. 1002.2  Filing fees.

* * * * *
    (d) Related or consolidated proceedings. (1) Separate fees need not 
be paid for related applications filed by the same applicant which 
would be the subject of one proceeding.
    (2) A separate fee will be assessed for the filing of an 
application for temporary authority to operate a motor carrier of 
passengers as provided in paragraph (f)(5) of this section regardless 
of whether such application is related to a corresponding transfer 
proceeding as provided for in paragraph (f)(2) of this section.
    (3) The Board may reject concurrently filed applications, 
petitions, notices, contracts summaries, or other documents asserted to 
be related and refund the filing fee if, in its judgment, they embrace 
two or more severable matters which should be the subject of separate 
proceedings.
    (e) Waiver or reduction of filing fees.
* * * * *
    (f) Schedule of filing fees.

------------------------------------------------------------------------
             Type of Proceeding                          Fee            
------------------------------------------------------------------------
Part I: Non-rail applications or                                        
 proceedings to enter upon a particular                                 
 financial transaction or joint                                         
 arrangement:                                                           
    (1) An application for the pooling or    $2,400.                    
     division of traffic.                                               
    (2) An application involving the         $1,100.                    
     purchase, lease, consolidation,                                    
     merger, or acquisition of control of a                             
     motor carrier of passengers under 49                               
     U.S.C. 14303.                                                      
    (3) An application for approval of a     $15,400.                   
     non-rail rate association agreement.                               
     49 U.S.C. 13706.                                                   

[[Page 15210]]
                                                                        
    (4) An application for approval of an                               
     amendment to a non-rail rate                                       
     association agreement:                                             
        (i) Significant amendment..........  $2,500.                    
        (ii) Minor amendment...............  $50.                       
    (5) An application for temporary         $250.                      
     authority to operate a motor carrier                               
     of passengers 49 U.S.C. 14303(i).                                  
    (6)-(10) [Reserved]                                                 
Part II: Rail licensing proceedings other                               
 than abandonment or discontinuance                                     
 proceedings:                                                           
    (11) (i) An application for a            $4,000.                    
     certificate authorizing the                                        
     construction, extension, acquisition,                              
     or operation of lines of railroad. 49                              
     U.S.C. 10901.                                                      
    (ii) Notice of exemption under 49 CFR    $1,000.                    
     1150.31-1150.35.                                                   
    (iii) Petition for exemption under 49    $7,000.                    
     U.S.C. 10502 (except petitions                                     
     involving construction of a rail line).                            
    (12) A petition for exemption under 49   $41,700.                   
     U.S.C. 10502 involving the                                         
     construction of a rail line.                                       
    (13) A Feeder Line Development Program   $12,800.                   
     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    $3,400.                    
     or class III carrier to acquire an                                 
     extended or additional rail line under                             
     49 U.S.C. 10902.                                                   
    (ii) Petition for exemption under 49     $3,700.                    
     U.S.C. 10502 relating to an exemption                              
     from the provisions of 49 U.S.C. 10902.                            
    (15) A notice of a modified certificate  $950.                      
     of public convenience and necessity                                
     under 49 CFR 1150.21-1150.24.                                      
    (16)-(20) [Reserved]                                                
Part III: Rail abandonment or                                           
 discontinuance of transportation services                              
 proceedings:                                                           
    (21) (i) An application for authority    $12,400.                   
     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.                                 
    (ii) Notice of an exempt abandonment or  $2,000.                    
     discontinuance under 49 CFR 1152.50.                               
    (iii) A petition for exemption under 49  $3,500.                    
     U.S.C. 10502.                                                      
    (22) An application for authority to     $250.                      
     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.                                                               
    (23) Abandonments filed by bankrupt      $1,000.                    
     railroads.                                                         
    (24) A request for waiver of filing      $1,000.                    
     requirements for abandonment                                       
     application proceedings.                                           
    (25) An offer of financial assistance    $900.                      
     (OFA) 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          $12,700.                   
     conditions for the sale of or subsidy                              
     for a rail line proposed to be                                     
     abandoned.                                                         
    (27) A request for a trail use           $650.                      
     condition in an abandonment proceeding                             
     under 16 U.S.C. 1247(d).                                           
    (28)-(35) [Reserved]                                                
Part IV: Rail applications to enter upon a                              
 particular financial transaction or joint                              
 arrangement:                                                           
    (36) An application for use of terminal  $10,600.                   
     facilities or other applications under                             
     49 U.S.C. 11102.                                                   
    (37) An application for the pooling or   $5,700.                    
     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..............  $830,500.                  
        (ii) Significant transaction.......  $166,100.                  
        (iii) Minor transaction............  $3,400.                    
        (iv) Notice of an exempt             $950.                      
         transaction under 49 CFR 1180.2(d).                            
        (v) Responsive application.........  $3,400.                    
        (vi) Petition for exemption under    $5,200.                    
         49 U.S.C. 10502.                                               
    (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..............  $830,500.                  
        (ii) Significant transaction.......  $166,100.                  
        (iii) Minor transaction............  $3,400.                    
        (iv) A notice of an exempt           $750.                      
         transaction under 49 CFR 1180.2(d).                            
        (v) Responsive application.........  $3,400.                    
        (vi) Petition for exemption under    $5,200.                    
         49 U.S.C. 10502.                                               
    (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..............  $830,500.                  
        (ii) Significant transaction.......  $166,100.                  
        (iii) Minor transaction............  $3,400.                    
        (iv) Notice of an exempt             $650.                      
         transaction under 49 CFR 1180.2(d).                            
        (v) Responsive application.........  $3,400.                    
        (vi) Petition for exemption under    $5,200.                    
         49 U.S.C. 10502.                                               
    (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..............  $830,500.                  
        (ii) Significant transaction.......  $166,100.                  
        (iii) Minor transaction............  $3,400.                    
        (iv) Notice of an exempt             $800.                      
         transaction under 49 CFR 1180.2(d).                            
        (v) Responsive application.........  $3,400.                    
        (vi) Petition for exemption under    $3,700.                    
         49 U.S.C. 10502.                                               
    (42) Notice of a joint project           $1.300.                    
     involving relocation of a rail line                                
     under 49 CFR 1180.2(d)(5).                                         
    (43) An application for approval of a    $39,000.                   
     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..........  $7,200.                    
        (ii) Minor amendment...............  $50.                       
    (45) An application for authority to     $400.                      
     hold a position as officer or director                             
     under 49 U.S.C. 11328.                                             

[[Page 15211]]
                                                                        
    (46) A petition for exemption under 49   $4,400.                    
     U.S.C. 10502 (other than a rulemaking)                             
     filed by rail carrier not otherwise                                
     covered.                                                           
    (47) National Railroad Passenger         $84,200.                   
     Corporation (Amtrak) conveyance                                    
     proceeding under 45 U.S.C. 562.                                    
    (48) National Railroad Passenger         $102,100.                  
     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 rail                                
     carriers, motor carriers of passengers                             
     or motor carriers of household goods:                              
        (i) A formal complaint filed under   $233,200.                  
         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) All other formal complaints...  $23,100                    
    (57) A complaint seeking or a petition   $4,900.                    
     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       $5,000.                    
         order involving a dispute over an                              
         existing rate or practice which is                             
         comparable to a complaint                                      
         proceeding.                                                    
        (ii) All other petitions for         $3,700.                    
         declaratory order.                                             
    (59) An application for shipper          $3,900.                    
     antitrust immunity. 49 U.S.C.                                      
     10706(a)(5)(A).                                                    
    (60) Labor arbitration proceedings.....  $7,600.                    
    (61) Appeals to a Surface                $3,700.                    
     Transportation Board decision and                                  
     petitions to revoke an exemption                                   
     pursuant to 49 U.S.C. 10502(d).                                    
    (62) Motor carrier undercharge           $5,800.                    
     proceedings.                                                       
    (63)-(75) [Reserved]                                                
Part VI: Informal proceedings:                                          
    (76) An application for authority to     $650.                      
     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          $70.                       
     permission for short notice or the                                 
     waiver of other tariff publishing                                  
     requirements.                                                      
    (78) (i) The filing of tariffs,          $1 per page ($13 minimum   
     including supplements, or contract       charge.)                  
     summaries.                                                         
        (ii) Tariffs transmitted by fax....  $1 per page.               
    (79) Special docket applications from                               
     rail and water carriers:                                           
        (i) Applications involving $25,000   $40.                       
         or less.                                                       
        (ii) Applications involving over     $80.                       
         $25,000.                                                       
    (80) Informal complaint about rail rate  $300.                      
     applications.                                                      
    (81) Tariff reconciliation petitions                                
     from motor common carriers:                                        
        (i) Petitions involving $25,000 or   $40.                       
         less.                                                          
        (ii) Petitions involving over        $80.                       
         $25,000.                                                       
    (82) Request for a determination of the  $100.                      
     applicability or reasonableness of                                 
     motor carrier rates under 49 U.S.C.                                
     13710(a) (2) and (3).                                              
    (83) Filing of documents for             $22 per document.          
     recordation. 49 U.S.C. 11301 and 49                                
     CFR 1177.3(c).                                                     
    (84) Informal opinions about rate        $100.                      
     applications (all modes).                                          
    (85) A railroad accounting               $600.                      
     interpretation.                                                    
    (86) An operational interpretation.....  $800.                      
    (87)-(95) [Reserved]                                                
Part VII: Services:                                                     
    (96) Messenger delivery of decision to   $17 per delivery.          
     a railroad carrier's Washington, DC,                               
     agent.                                                             
    (97) Request for service or pleading     $13 per list.              
     list for proceedings.                                              
    (98) (i) Processing the paperwork        $150.                      
     related to a request for the Carload                               
     Waybill Sample to be used in a Surface                             
     Transportation Board or State                                      
     proceeding that does not require a                                 
     Federal Register notice.                                           
        (ii) Processing the paperwork        $350.                      
         related to a request for Carload                               
         Waybill Sample to be used for                                  
         reasons other than a Surface                                   
         Transportation Board or State                                  
         proceeding that requires a Federal                             
         Register notice.                                               
    (99) (i) Application fee for the         $100.                      
     Surface Transportation Board's                                     
     Practitioners' Exam.                                               
        (ii) Practitioners' Exam             $25.                       
         Information Package.                                           
    (100) Uniform Railroad Costing System                               
     (URCS) software and information:                                   
        (i) Initial PC version URCS Phase    $50.                       
         III software program and manual.                               
        (ii) Updated URCS PC version Phase   $10.                       
         III cost file, if computer disk                                
         provided by requestor.                                         
        (iii) Updated URCS PC version Phase  $20.                       
         III cost file, if computer disk                                
         provided by the Board.                                         
        (iv) Public requests for Source      $500.                      
         Codes to the PC version URCS Phase                             
         III.                                                           
        (v) PC version or mainframe version  $400.                      
         URCS Phase II.                                                 
        (vi) PC version or mainframe         $50.                       
         version Updated Phase II databases.                            
        (vii) Public requests for Source     $1,500.                    
         Codes to PC version URCS Phase II.                             
    (101) Carload Waybill Sample data on                                
     recordable compact disk (R-CD):                                    
        (i) Requests for Public Use File on  $450.                      
         R-CD First Year.                                               
        (ii) Requests for Public Use File    $150.                      
         on R-CD Each Additional Year.                                  
        (iii) Waybill--Surface               $650.                      
         Transportation Board or State                                  
         proceedings on R-CD--First Year.                               
        (iv) Waybill--Surface                $450.                      
         Transportation Board or State                                  
         proceedings on R-CD--Second Year                               
         on same R-CD.                                                  
        (v) Waybill--Surface Transportation  $500.                      
         Board of State proceeding on R-CD--                            
         Second Year on different R-CD.                                 
        (vi) User Guide for latest           $50.                       
         available Carload Waybill Sample.                              
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[FR Doc. 96-8293 Filed 4-4-96; 8:45 am]
BILLING CODE 4915-00-P