[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Rules and Regulations]
[Pages 28375-28376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13635]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002 and 1180

[STB Ex Parte No. 556]


Railroad Consolidation Procedures--Modification of Fee Policy

AGENCY: Surface Transportation Board (Board), DoD.

ACTION: Final rules.

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SUMMARY: In this proceeding the Board adopts as final rules with one 
minor change in the interim rules relating to the Board's fee policy 
for proceedings involving major railroad consolidations, which were 
published in the Federal Register at 62 FR 9714 on March 4, 1997.

EFFECTIVE DATE: These final rules are effective May 15, 1997.

FOR FURTHER INFORMATION CONTACT: Kathleen M. King, (202) 565-1639 or 
David T. Groves, (202) 565-1551. (TDD for the hearing impaired: (202) 
565-1695.)

SUPPLEMENTARY INFORMATION: On March 4, 1997, at 62 FR 9714, the Board 
published interim rules that modified the Board's user fee policy for 
proceedings involving major railroad consolidations under 49 CFR part 
1180 and the Board's corresponding fee regulations at 49 CFR part 1002.
    The interim rules modified the Board's fee policy to require that 
the primary applicant in a major railroad consolidation proceeding pay 
a separate filing fee for each and every directly related proceeding 
that is filed with the primary application. The Board's fee policy was 
further revised to provide that for filing fee purposes an inconsistent 
responsive application would be classified as a major, significant, or 
minor transaction under the Board's regulations in 49 CFR 1180.2 (a)-
(c), and that the fee for an inconsistent application would be based on 
the classification of the transaction in the Board's fee schedule at 49 
CFR 1002.2(f) (38)-(41). In addition, the Board's fee policy at 49 CFR 
1180.4(d)(4)(ii) was modified to provide that the fee for any other 
type of responsive application would be the fee for that particular 
type of filing as set forth in the Board's fee schedule.
    The interim rules also contained technical amendments to conform 
part 1180 to the ICC Termination Act of 1995, Pub. L. 104-88 (Dec. 29, 
1995).
    No comments were filed in this proceeding. Therefore, we are 
adopting the interim rules as final rules with only one minor change. 
We are modifying the interim rule for 49 CFR 1180.3(h) relating to 
responsive applications to provide a more accurate cross-reference to 
the proper fees for various responsive applications. To provide the 
appropriate cross-reference, we are deleting the last sentence of 
Sec. 1180.3(h) and replacing it with the following two sentences:

    For fees covering inconsistent applications or responsive 
applications not otherwise covered in the Board's fee schedule see, 
49 CFR 1002.2(f) (38)-(41) and 1180.4(d)(4)(ii). The fees for all 
other responsive applications are set forth in 49 CFR 1002.2(f).

    We conclude that the fee and other changes adopted here will not 
have a significant economic impact on a

[[Page 28376]]

substantial number of small entities. Our regulations provide for 
waiver of filing fees for those entities that can make the required 
showing of financial hardship.
    This action will not significantly affect either the quality of 
human environment or the conservation of energy resources.
    Notice of the final rules adopted here will be transmitted to 
Congress pursuant to Pub. L. 104-121 (Mar. 29, 1996).

List of Subjects

49 CFR Part 1002

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

49 CFR Part 1180

    Administrative practice and procedure, Bankruptcy, Railroads, 
Reporting and recordkeeping requirements.

    Decided: April 24, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

    Accordingly, the interim rules amending 49 CFR Parts 1002 and 1180, 
which were published at 62 FR 9714 on March 4, 1997, are adopted as 
final rules with the following changes:

PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION 
PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES

    1. The authority citation for part 1180 continues to read as 
follows:

    Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721, 
10502, 11323-11325.

    2. Section 1180.3 is amended by revising paragraph (h) to read as 
follows:


Sec. 1180.3  Definitions.

* * * * *
    (h) Responsive applications. Applications filed in response to a 
primary application are those seeking affirmative relief either as a 
condition to or in lieu of the approval of the primary application. 
Responsive applications include inconsistent applications, inclusion 
applications, and any other affirmative relief that requires an 
application, petition, notice, or any other filing to be submitted to 
the Board (such as trackage rights, purchases, constructions, 
operation, pooling, terminal operations, abandonments, and other types 
of proceedings not otherwise covered). For fees covering inconsistent 
applications or responsive applications not otherwise covered in the 
Board's fee schedule, see 49 CFR 1002.2(f) (38)-(41) and 
1180.4(d)(4)(ii). The fees for all other responsive applications are 
set forth in 49 CFR 1002.2(f).
* * * * *
[FR Doc. 97-13635 Filed 5-22-97; 8:45 am]
BILLING CODE 4915-00-M