[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Rules and Regulations]
[Pages 42190-42194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20647]


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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.

ACTION: Final rules.

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

SUMMARY: In compliance with its fee update regulations, the Surface 
Transportation Board (Board) adopts its 1996 User Fee Update and 
revises its fee schedule at this time to recover the costs associated 
with providing services to the public.

EFFECTIVE DATE: September 16, 1996.

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. By notice 
of proposed rulemaking published on April 5, 1996, at 61 FR 15208, the 
Board requested comments on its 1996 proposed fee schedule. Upon 
reviewing the comments, the Board is adopting the proposed fee schedule 
with the following modifications: (1) Fee Item (27)--Trails use 
requests is established at $150; (2) Fee Item (47)--National Railroad 
Passenger Corporation conveyance proceeding is established at $150; (3) 
Fee Item (48)--National Railroad Passenger Corporation compensation 
proceeding is established at $150; (4) Fee Item (56)(i)--Formal 
complaints filed under the coal rate guidelines is tentatively set at 
$23,300, Fee Item (56)(ii)--All other formal complaints is tentatively 
set at $2,300; 1 (5) Fee Item (58)(i)--A petition for declaratory 
order involving an existing rate or practice remains at $1,000, and Fee 
Item (58)(ii)--All other petitions for declaratory order remains at 
$1,400; (6) Fee Item (61)--Appeals to Board decisions and petitions to 
revoke an exemption is established at $150; and (7) Fee Item (62)--
Motor carrier undercharge proceeding is established at $150. In 
addition, Fee Item (12)--Petition
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    \1\ Fee items 56(i) and 56(ii) are currently the subject of 
legislative debate. Therefore, these items are being set 
tentatively, but will not take effect at this time. The Board will 
issue a further decision addressing these items after the 
legislative debate is concluded. In the meantime, they will remain 
at $1,000 each in the Board's fee schedule.
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[[Page 42191]]

for exemption involving construction of a rail line is modified so that 
the $41,700 fee also applies to construction applications.
    We note that in Class Exemption For Acquisition or Operation of 
Rail Lines By Class III Rail Carriers Under 49 U.S.C. 10902, STB Ex 
Parte No. 529, published in the Federal Register on June 24, 1996 at 61 
FR 32355, the Board adopted Fee Item 36, Notice of exemption under 49 
CFR 1150.41-1150.45, with a fee of $950. To be consistent with the 
revisions that are being made to the fee schedule in this proceeding, 
that fee item will be renumbered as Fee Item 14(ii) and the fee item 
[proposed Fee Item 14(ii)] for petition for exemption under 49 U.S.C. 
10502 relating to an exemption from the provisions of 49 U.S.C. 10902 
will be renumbered as Fee Item 14(iii).
    The Board also adopts the proposed modifications to update these 
regulations to reflect the recent enactment of the ICC Termination Act 
of 1995, Pub. L. No. 104-88, 109 Stat. 803.
    The Board certifies that the fee changes adopted here will not have 
a significant economic impact on a substantial number of small entities 
because the modifications made in these rules and 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 Board'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 Ave. 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: August 2, 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 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) and 553; 31 U.S.C. 9701 and 49 
U.S.C. 721(a).


Sec. 1002.1  [Amended]

    2. Section 1002.1 is amended as follows:
    a. In the introductory paragraph remove the words ``Interstate 
Commerce Commission'' and add in their place the words ``Surface 
Transportation Board''.
    b. In paragraph (e)(2) remove the word ``Commission's'' and add in 
its place the word ``Board's''; remove the words ``Section of Systems 
Development, Interstate Commerce Commission,'' and add in their place 
the words ``System Services Branch, Surface Transportation Board,''.
    c. In paragraph (f)(11) remove the word ``Commission's'' and add in 
its place the word ``Board's''.
    d. In the concluding text of paragraph (f)(14) remove the phrase 
``ICC's Freedom of Information Office, 12th and Constitution Avenue 
N.W. Room 3132, Washington, DC 20423.'' and add in their place the 
words ``Surface Transportation Board's Freedom of Information Office, 
Washington, DC 20423.''.
    e. In paragraph (g) remove the words ``Interstate Commerce 
Commission,'' and in their place add the words ``Surface Transportation 
Board,''.
    f. In paragraph (h) remove the word ``Commission's'' and in its 
place add the word ``Board's''; remove the words ``Interstate Commerce 
Commission,'' and in their place add the words ``Surface Transportation 
Board,''
    g. Paragraphs (b), (e)(1) and the chart in paragraph (f)(6) are 
revised to read as follow:


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

* * * * *


Sec. 1002.2  [Amended]

    3. Section 1002.2 is amended as follows:
    a. In paragraph (a)(2) introductory text remove the word 
``Commission's'' and add in its place the word ``Board's''.
    b. In paragraph (a)(2)(ii) after the words ``Debt Collection Act'' 
add the words ``of 1982'', remove the word ``Commission's'' and add in 
its place the word ``Board's''.
    c. In paragraph (a)(2)(iii) remove the words ``room 1330, 
Interstate Commerce Commission, Washington, DC 20423:'' and add in 
their place the words ``Surface Transportation Board, Washington, 
DC:''.
    d. In paragraph (a)(3) remove the words ``Interstate Commerce 
Commission'' and add in their place the words ``Surface Transportation 
Board''.
    e. In paragraphs (b), (c), and (d)(4) remove the word 
``Commission'' wherever it appears and add in its place the word 
``Board''.
    f. In paragraph (e), the heading, remove the first ``of'' and add 
in its place the word ``or''. Also, in the introductory text, 
paragraphs (e)(2), (e)(2)(i), and in the heading of paragraph 
(e)(2)(iii) remove the word ``Commission'' and add in its place the 
word ``Board''.
    g. In paragraphs (g)(1), (g)(1)(ii), (g)(1)(iii) and (g)(2) remove 
the word ``Commission'' wherever it appears and add in its place the 
word ``Board''.
    h. In Sec. 1002.2, paragraphs (a)(1), (d), and (f) are revised to 
read as follows:


Sec. 1002.2  Filing fees.

    (a) Manner of payment. (1) Except as specified in this section, all 
filing fees will be payable at the time and place the application, 
petition, notice, tariff, contract summary, or other document is 
tendered for filing. The filing fee for tariffs, including schedules, 
and contracts summaries including supplements (Item 78) may be charged 
to tariff filing fee accounts established by the Board in accordance 
with paragraph (a)(2) of this section.
* * * * *
    (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.

[[Page 42192]]

    (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 for 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, 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.
* * * * *
    (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.                                                   
    (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 extension,                             
     acquisition, or operation of lines of                              
     railroad. 49 U.S.C. 10901.                                         
        (ii) Notice of exemption under 49    $1,000.                    
         CFR 1150.31-1150.35.                                           
        (iii) Petition for exemption under   $7,000.                    
         49 U.S.C. 10502 (except petitions                              
         involving construction of a rail                               
         line).                                                         
    (12) An application or a petition for    $41,700.                   
     exemption under 49 U.S.C. 10502                                    
     involving the construction of a rail                               
     line.                                                              
    (13) A Feeder Line Development Program   $2,600.                    
     application filed under 49 U.S.C.                                  
     10907(b)(1)(A)(i) or                                               
     10907(b)(1)(A)(ii).                                                
    (14) (i) An application of a class II    $3,400                     
     or class III carrier to acquire an                                 
     extended or additional rail line under                             
     49 U.S.C. 10902..                                                  
        (ii) Notice of exemption under 49    $950.                      
         CFR 1150.41-1150.45.                                           
        (iii) Petition for exemption under   $3,700.                    
         49 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                                   
     Northeast Rail Service Act [Subtitle E                             
     of Title XI of Pub. L. 97-35],                                     
     bankrupt railroads, or exempt                                      
     abandonments).                                                     
        (ii) Notice of an exempt             $2,000.                    
         abandonment or discontinuance                                  
         under 49 CFR 1152.50.                                          
        (iii) A petition for exemption       $3,500.                    
         under 49 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 Northeast 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.                      
     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           $150.                      
     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.                    

[[Page 42193]]

                                                                        
        (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.                                             
    (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         $150.                      
     Corporation (Amtrak) conveyance                                    
     proceeding under 45 U.S.C. 562.                                    
    (48) National Railroad Passenger         $150.                      
     Corporation (Amtrak) compensation                                  
     proceeding under Section 402(a) of the                             
     Rail PassengerService 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   $1,000.                    
         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...  $1,000.                    
    (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       $1,000.                    
         order involving a dispute over an                              
         existing rate or practice which is                             
         comparable to a complaint                                      
         proceeding.                                                    
        (ii) All other petitions for         $1,400.                    
         declaratory order.                                             
    (59) An application for shipper          $3,900.                    
     antitrust immunity. 49 U.S.C.                                      
     10706(a)(5)(A).                                                    
    (60) Labor arbitration proceedings.....  $7,600.                    
    (61) Appeals to a Surface                $150.                      
     Transportation Board decision and                                  
     petitions to revoke an exemption                                   
     pursuant to 49 U.S.C. 10502(d).                                    
    (62) Motor carrier undercharge           $150.                      
     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.                                                           

[[Page 42194]]

                                                                        
        (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.                              
------------------------------------------------------------------------




Sec. 1002.3  [Amended]

    4. Section Sec. 1002.3 is amended as follows:
    a. In paragraph (a) remove the word ``Commission'' and add in its 
place the word ``Board''.
    b. In paragraph (d)(1) remove the word ``Commission'' and add in 
its place the word ``Board''; remove the phrase ``the Commission's FY 
1983-1984 User Fee Cost Study.'' and add in its place the phrase ``the 
cost study set forth in Revision of Fees For Services, 1 I.C.C.2d 60 
(1984) or subsequent cost studies.''.
    c. In paragraph (d)(3)(i) remove the words ``and Bureaus'' 
following the words ``the Offices''.
    d. In paragraph (d)(3)(ii) remove the word ``Commission'' wherever 
it appears and add in its place the word ``Board''.
    e. In paragraph (d)(4) add a period after the words ``Federal 
Register'' and remove the remainder of the sentence.

[FR Doc. 96-20647 Filed 8-13-96; 8:45 am]
BILLING CODE 4915-00-P