[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Rules and Regulations]
[Pages 3487-3490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1613]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub-No. 1)]


Regulations Governing Fees For Services Performed in Connection 
With Licensing and Related Services--1997 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Board adopts its 1997 User Fee Update and revises its fee 
schedule at this time to recover the cost associated with the January 
1997 Government salary increases and increases in Federal Register 
publication costs.

EFFECTIVE DATE: These rule are effective on February 24, 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 at 49 CFR 1002.3 
require the Board's user fee schedule to be updated annually. The 
Board's fees are revised based on the cost study formula set forth at 
49 CFR 1002.3(d). Also, in some previous years, selected fees were 
modified to reflect new cost study data or changes in Board or 
Interstate Commerce Commission fee policy.
    The Board's regulations at 49 CFR 1002.3(a) provide that the entire 
fee schedule or selected fees can be modified more than once a year, if 
necessary. Because Board employees will receive a salary increase of 
3.33% in January 1997, we are updating our user fees to recover our 
increased personnel cost. This update also reflects the increased 
Federal Register publication costs, which became effective on January 
1, 1997. All fees will be updated based on our cost formula at 49 CFR 
1002.3(d).
    In Central Power & Light Company v. Southern Pacific Transportation 
Company, No. 41242 (STB served Dec. 31, 1996), the Board indicated that 
in certain cases ``bottleneck'' rate relief would be available in 
connection with the filing of a competitive access complaint. The Board 
is adding a new Fee Item 56(iv), Competitive access complaints, to 
cover that activity.
    In Class Exem. For The Construction of Connecting Track, 1 S.T.B. 
75 (1996), the Board adopted new regulations at 49 CFR 1150.36 that 
provide for a class exemption for the construction and operation of 
connecting railroad track. We are adding new Fee Item 12(ii), Notice of 
exemption under 49 CFR 1150.36, to cover that activity. Also, to 
conform with other fee items, we are providing a separate Fee Item 
12(iii), Petition for exemption under 49 U.S.C. 10502 involving 
construction of rail lines.
    Because the Board only recently revised the fees for formal 
complaints in Fee Items 56 (i)-(iii) in the Regulations Governing Fees 
For Services Performed in Connection with Licensing and Related 
Services--1996 Update, 61 FR 66229 (December 17, 1996), the fees for 
those items will remain at current levels.
    The fee increases involved here result only from the mechanical 
application of the update formula at 49 CFR 1002.3(d), that 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 the fee changes, which are being adopted here, 
will not have a significant economic impact on a substantial number of 
small entities because the Board's regulations provide for waiver of 
filing fees for those entities that 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 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: January 13, 1997.

    By the Board, Chairman Morgan and Vice-Chairman 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. Section 1002.1 is amended by revising paragraphs (a), (b), (c), 
and (e)(1) and the chart in paragraph (f)(6) to read as follows:


Sec. 1002.1  Fees for records search, review, copying, certification, 
and related services.

* * * * *
    (a) Certificate of the Secretary, $10.00.
    (b) Service involved in examination of tariffs or schedules for 
preparation of certified copies of tariffs or schedules or

[[Page 3488]]

extracts therefrom at the rate of $25.00 per hour.
    (c) Service involved in checking records to be certified to 
determine authenticity, including clerical work, etc., incidental 
thereto, at the rate of $17.00 per hour.
* * * * *
    (e) * * *
    (1) A fee of $44.00 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...........................................................    $7.37
GS-2...........................................................     8.02
GS-3...........................................................     9.04
GS-4...........................................................    10.15
GS-5...........................................................    11.35
GS-6...........................................................    12.66
GS-7...........................................................    14.06
GS-8...........................................................    15.58
GS-9...........................................................    17.20
GS-10..........................................................    18.95
GS-11..........................................................    20.82
GS-12..........................................................    24.95
GS-13..........................................................    29.67
GS-14..........................................................    35.06
GS-15 and over.................................................    41.24
------------------------------------------------------------------------

* * * * *
    3. In Sec. 1002.2, paragraph (f) is revised to read as follows:


Sec. 1002.2  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        $2,600.                    
 division of traffic.                                                   
(2) An application involving the purchase,   $1,200.                    
 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 non-    $16,500.                   
 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................  $2,700.                    
  (ii) Minor amendment.....................  $60.                       
(5) An application for temporary authority   $300.                      
 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 certificate    $4,300.                    
 authorizing the extension, acquisition, or                             
 operation of lines of railroad. 49 U.S.C.                              
 10901.                                                                 
  (ii) Notice of exemption under 49 CFR      $1,100.                    
   1150.31-1150.35.                                                     
  (iii) Petition for exemption under 49      $7,500.                    
   U.S.C. 10502.                                                        
  (12) (i) An application involving the      $44,500.                   
   construction of a rail line.                                         
  (ii) A notice of exemption involving       $1,100.                    
   construction of a rail line under 49 CFR                             
   1150.36.                                                             
  (iii) A petition for exemption under 49    $44,500.                   
   U.S.C. 10502 involving 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 or     $3,700.                    
 class III carrier to acquire an extended                               
 or additional rail line under 49 U.S.C.                                
 10902.                                                                 
  (ii) Notice of exemption under 49 CFR      $1,100.                    
   1150.41-1150.45.                                                     
  (iii) Petition for exemption under 49      $3,900.                    
   U.S.C. 10502 relating to an exemption                                
   from the provisions of 49 U.S.C. 10902.                              
(15) A notice of a modified certificate of   $1,000.                    
 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 to     $13,200.                   
 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 abandonment or    $2,200.                    
   discontinuance under 49 CFR 1152.50.                                 
  (iii) A petition for exemption under 49    $3,800.                    
   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          $1,100.                    
 railroads.                                                             
(24) A request for waiver of filing          $1,000.                    
 requirements for abandonment application                               
 proceedings.                                                           
(25) An offer of financial assistance under  $900.                      
 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 conditions   $13,500.                   
 for the sale of or subsidy for a rail line                             
 proposed to be abandoned.                                              
(27) A request for a trail use condition in  $150.                      
 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      $11,300.                   
 facilities or other applications under 49                              
 U.S.C. 11102.                                                          
(37) An application for the pooling or       $6,100.                    
 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....................  $889,500.                  
  (ii) Significant transaction.............  $177,900.                  
  (iii) Minor transaction..................  $4,700.                    
  (iv) Notice of an exempt transaction       $1,000.                    
   under 49 CFR 1180.2(d).                                              
  (v) Responsive application...............  $4,700.                    
  (vi) Petition for exemption under 49       $5,600.                    
   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....................  $889,500.                  
  (ii) Significant transaction.............  $177,900.                  
  (iii) Minor transaction..................  $4,700.                    
  (iv) A notice of an exempt transaction     $850.                      
   under 49 CFR 1180.2(d).                                              
  (v) Responsive application...............  $4,700.                    
  (vi) Petition for exemption under 49       $5,600.                    
   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....................  $889,500.                  
  (ii) Significant transaction.............  $177,900.                  
  (iii) Minor transaction..................  $4,700.                    
  (iv) Notice of an exempt transaction       $750.                      
   under 49 CFR 1180.2(d).                                              
  (v) Responsive application...............  $4,700.                    

[[Page 3489]]

                                                                        
  (vi) Petition for exemption under 49       $5,600.                    
   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....................  $889,500.                  
  (ii) Significant transaction.............  $177,900.                  
  (iii) Minor transaction..................  $4,700.                    
  (iv) Notice of an exempt transaction       $850.                      
   under 49 CFR 1180.2(d).                                              
  (v) Responsive application...............  $4,700.                    
  (vi) Petition for exemption under 49       $3,900.                    
   U.S.C. 10502.                                                        
(42) Notice of a joint project involving     $1,500.                    
 relocation of a rail line under 49 CFR                                 
 1180.2(d)(5).                                                          
(43) An application for approval of a rail   $41,600.                   
 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................  $7,700.                    
  (ii) Minor amendment.....................  $60.                       
(45) An application for authority to hold a  $450.                      
 position as officer or director under 49                               
 U.S.C. 11328.                                                          
(46) A petition for exemption under 49       $4,800.                    
 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 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 the     $23,300.                   
   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 small shipper.                                              
  (ii) A formal complaint involving rail     $1,000.                    
   maximum rates filed by a small shipper.                              
  (iii) All other formal complaints (except  $2,300.                    
   competitive access complaints).                                      
  (iv) Competitive access complaints.......  $150.                      
(57) A complaint seeking or a petition       $5,200.                    
 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 order       $1,000.                    
   involving a dispute over an existing                                 
   rate or practice which is comparable to                              
   a complaint proceeding.                                              
  (ii) All other petitions for declaratory   $1,400.                    
   order.                                                               
(59) An application for shipper antitrust    $4,200.                    
 immunity. 49 U.S.C. 10706(a)(5)(A).                                    
(60) Labor arbitration proceedings.........  $150.                      
(61) Appeals to a Surface Transportation     $150.                      
 Board decision and petitions to revoke an                              
 exemption pursuant to 49 U.S.C. 10502(d).                              
(62) Motor carrier undercharge proceedings.  $150.                      
(63)-(75) [Reserved]                                                    
                                                                        
       Part VI: Informal Proceedings                                    
                                                                        
(76) An application for authority to         $700.                      
 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 permission   $70.                       
 for short notice or the waiver of other                                
 tariff publishing requirements.                                        
(78) (i) The filing of tariffs, including    $1 per page. ($14 minimum  
 supplements, or contract summaries.          charge.)                  
  (ii) Tariffs transmitted by fax..........  $1 per page.               
(79) Special docket applications from rail                              
 and water carriers:                                                    
  (i) Applications involving $25,000 or      $45.                       
   less.                                                                
  (ii) Applications involving over $25,000.  $90.                       
(80) Informal complaint about rail rate      $350.                      
 applications.                                                          
(81) Tariff reconciliation petitions from                               
 motor common carriers:                                                 
  (i) Petitions involving $25,000 or less..  $45.                       
  (ii) Petitions involving over $25,000....  $90.                       
(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 recordation.    $24 per document.          
 49 U.S.C. 11301 and 49 CFR 1177.3(c).                                  
(84) Informal opinions about rate            $150.                      
 applications (all modes).                                              
(85) A railroad accounting interpretation..  $650.                      
(86) An operational interpretation.........  $850.                      
(87)-(95) [Reserved]                                                    
                                                                        
             Part VII: Services                                         
                                                                        
(96) Messenger delivery of decision to a     $19 per delivery.          
 railroad carrier's Washington, DC, agent.                              
(97) Request for service or pleading list    $14 per list.              
 for proceedings.                                                       
(98) (i) Processing the paperwork related    $150.                      
 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 related to   $400.                      
   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 Surface     $100.                      
 Transportation Board's Practitioners' Exam.                            
  (ii) Practitioners' Exam Information       $25.                       
   Package.                                                             
(100) Uniform Railroad Costing System                                   
 (URCS) software and information:                                       
  (i) Initial PC version URCS Phase III      $50.                       
   software program and manual.                                         
  (ii) Updated URCS PC version Phase III     $10.                       
   cost file, if computer disk provided by                              
   requestor.                                                           
  (iii) Updated URCS PC version Phase III    $20.                       
   cost file, if computer disk provided by                              
   the Board.                                                           
  (iv) Public requests for Source Codes to   $500.                      
   the PC version URCS Phase III.                                       
  (v) PC version or mainframe version URCS   $400.                      
   Phase II.                                                            
  (vi) PC version or mainframe version       $50.                       
   Updated Phase II databases.                                          
  (vii) Public requests for Source Codes to  $1,500.                    
   PC version URCS Phase II.                                            
(101) Carload Waybill Sample data on                                    
 recordable compact disk (R-CD):                                        
  (i) Requests for Public Use File on R-CD-- $450.                      
   First Year.                                                          
  (ii) Requests for Public Use File on R-CD  $150.                      
   Each Additional Year.                                                
  (iii) Waybill--Surface Transportation      $650.                      
   Board or State proceedings on R-CD--                                 
   First Year.                                                          
  (iv) Waybill--Surface Transportation       $450.                      
   Board or State proceedings on R-CD--                                 
   Second Year on same R-CD.                                            

[[Page 3490]]

                                                                        
  (v) Waybill--Surface Transportation Board  $500.                      
   of State proceeding on R-CD--Second Year                             
   on different R-CD.                                                   
  (vi) User Guide for latest available       $50.                       
   Carload Waybill Sample.                                              
------------------------------------------------------------------------

* * * * *
[FR Doc. 97-1613 Filed 1-22-97; 8:45 am]
BILLING CODE 4915-00-P