[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Pages 66229-66230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31954]


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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 rule.

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SUMMARY: After consideration of the petition to reopen this proceeding, 
the Surface Transportation Board (Board) reduces the filing fee for 
Item (60), Labor arbitration proceedings to $150, and establishes a new 
effective date for Item (61), Appeals to a Surface Transportation Board 
decision and petitions to revoke an exemption pursuant to 49 U.S.C. 
10502(d). The Board also modifies Item (56), Formal complaints to 
comply with Congressional directives.

EFFECTIVE DATE: This final rule is effective on January 16, 1997. 
Section 1002.2 (b)(61) is effective on January 16, 1997.

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. At 61 FR 
42190 (August 14, 1996) the Board issued final rules in this proceeding 
that established its 1996 user fee schedule.
    On September 3, 1996, Joseph C. Szabo, the Illinois Legislative 
Director for the United Transportation Union (Petitioner or Mr. Szabo) 
filed a petition to reopen this proceeding. Petitioner

[[Page 66230]]

requests that the $1,000 filing fee for Item (56), Formal complaints, 
and Item (58)(i), Petitions for declaratory orders, which are 
comparable to complaints, and the $1,400 filing fee for Item (58)(ii), 
All other petitions for declaratory order, be eliminated for rail 
employees and their unions.
    In addition, he seeks elimination of the new $7,600 filing fee for 
Item (60), Labor arbitration proceedings, and the new $150 filing fee 
for Item (61), Appeals to a Surface Transportation Board decision and 
petitions to revoke an exemption pursuant to 49 U.S.C. 10502(d). 
Previously, at 61 FR 48639 (September 16, 1996) the effective date for 
those two fee items was delayed by Chairman Morgan to allow the Board 
sufficient time to consider the issues raised in this petition to 
reopen.
    We find that there is no basis for granting petitioner's request 
that the fees for formal complaints and petitions for declaratory order 
be eliminated for rail employees or their unions. Based on the new 
evidence submitted by the labor officials who support Mr. Szabo's 
petition, we conclude that the $7,600 filing fee for Item (60), Labor 
arbitration proceedings, should be reduced to $150. After reviewing 
petitioner's arguments we conclude that the $150 filing fee for Item 
(61), Appeals to Surface Transportation Board decisions and petitions 
to revoke exemption under 49 U.S.C. 10502(d), is appropriate.
    While we had indicated that the filing fee for formal complaints 
should be increased, the current $1,000 filing fee for Item (56), 
Formal complaints, was maintained until the on-going legislative debate 
regarding that filing fee was completed. That legislative debate has 
now been resolved by enactment of section 1219 of the Federal Aviation 
Authorization Act of 1996, Pub. L. 104-264, 110 Stat. 3213 (Oct. 9, 
1996), which prohibits any increase in the filing fee for complaints 
filed by small shippers in connection with rail maximum rates 
complaints until after September 30, 1998. Therefore, we will maintain 
the filing fee for formal complaints under Item 56(ii) at $1,000 for 
small shippers. For all other shippers, we will adopt the filing fee of 
$23,300 for Item (56)(i), Formal complaints filed under the coal rate 
guidelines, and a filing fee of $2,300 for Item 56(iii), All other 
formal complaints.
    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. N.W., 
Washington, DC 20423. Telephone: (202) 289-4357/4359. (Assistance for 
the hearing impaired is available through TDD services (202) 927-5721.)
    The Board affirms its previous finding that the fee changes adopted 
here will not have a significant economic impact on a substantial 
number of small entities.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1002

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

    Decided: December 5, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commission 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).
    2. The new effective date for 49 CFR 1002.2(f), fee item (61), is 
January 16, 1997.
    3. In section 1002.2 (f) fee items (56) and (60) are revised to 
read as follows:


Sec. 1002.2  Filing fees.

* * * * *
    (f) * * *

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                      Type of Proceeding                           Fee  
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                  *        *        *        *        *                 
(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 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)            
   except a complaint filed by a small shipper................   $23,300
  (ii) A formal complaint involving rail maximum rates filed            
   by a small shipper.........................................     1,000
  (iii) All other formal complaints...........................     2,300
                                                                        
                  *        *        *        *        *                 
  (60) Labor arbitration proceedings..........................       150
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 96-31954 Filed 12-16-96; 8:45 am]
BILLING CODE 4915-00-P