[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Rules and Regulations]
[Pages 7134-7139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3510]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 360

RIN 2125-AE24


Fees for Services Performed in Connection With Motor Carrier 
Registration and Insurance

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: This document adopts filing fees and fee collection 
regulations for the motor carrier registration and insurance functions 
transferred to the FHWA as a result of the enactment of the ICC 
Termination Act of 1995 (ICCTA). The effect of this rule is to make 
these fees and regulations applicable to registration and insurance 
filings made with the FHWA.

DATES: This rule is effective March 15, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas T. Vining, Licensing and 
Insurance Division, Office of Motor Carrier Information Analysis, HIA-
30, (202) 358-7028; or Mr. Michael Falk, Office of the Chief Counsel, 
(202) 366-0834, Federal Highway Administration, 400 Seventh Street, 
SW., Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 
p.m. e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov/nara.

Background

    The ICCTA (Pub. L. 104-88, 109 Stat. 803) which was enacted on 
December 29, 1995, abolished the Interstate Commerce Commission (ICC). 
The ICCTA transferred many of the ICC's motor carrier functions to the 
Secretary of Transportation. In particular, the former ICC's licensing 
and insurance functions, relating to operations by for-hire motor 
carriers, property brokers, and freight forwarders in interstate or 
foreign commerce, were transferred to the Secretary and are now 
performed by the FHWA, Office of Motor Carrier Information Analysis, 
Licensing and

[[Page 7135]]

Insurance Division. The ICC's remaining rail and motor carrier rate 
functions were transferred to the Surface Transportation Board (STB), a 
new entity, established within the DOT.
    Section 204, the savings provision of ICCTA, provides that all 
regulations previously issued by the ICC continue in effect according 
to their terms until modified or terminated. All of the ICC 
regulations, including those related to filing fees, previously 
codified at 49 CFR Part 1002, were transferred to the STB in the final 
rule entitled ``Transfer of Regulations from the Interstate Commerce 
Commission to the Surface Transportation Board Pursuant to the ICC 
Termination Act of 1995,'' 61 FR 1842 (January 24, 1996). The STB 
issued a notice of proposed rulemaking that proposed to modify the 
filing fees related to functions retained by the STB and to eliminate 
all filing fees related to the motor carrier functions transferred to 
the FHWA. See ``Regulations Governing Fees For Services In Connection 
With Licensing and Related Services--1996 Update,'' 61 FR 15208 (April 
5, 1996) (1996 Fee Update). The Board's final decision was issued in 
Regulations Governing Fees for Service, 1 S.T.B. 179 (1996) 61 FR 42190 
(August 14, 1996). Consequently, the FHWA is issuing this final rule to 
preserve the filing fees and fee regulations pertaining to the FHWA's 
new motor carrier functions as part of the FHWA's regulations.
    Revenues from these fees directly support the licensing and 
insurance functions transferred from the former ICC to the FHWA. For 
this reason, these fees may differ somewhat from fees for other similar 
services performed by the FHWA.

Section-By-Section Analysis

Record Search and Copying Fees

    A new section codified at 49 CFR 360.1 will provide specific fees 
for record searches, and the review, copying, and certification of the 
FHWA's public records related to motor carriers. These fees cover 
charges for searching and copying records maintained in the FHWA 
microfilm, paper files, or computer databases.
    The STB's regulations at 49 CFR 1002.1 from which these regulations 
are derived also contain provisions related to searches of records not 
considered public under the Freedom of Information Act (FOIA), 5 U.S.C. 
552. Those provisions are not carried over in this new section, 
however, because FOIA requests for the FHWA records are covered by 
existing DOT regulations at 49 CFR Part 7.

Fee Processing Regulations and Schedule of Filing Fees

    A new section at 49 CFR 360.3 will contain the general fee 
processing regulations and the schedule of filing fees related to the 
motor carrier registration and insurance functions that now are 
performed by the FHWA pursuant to the ICCTA. These general fee 
regulations will establish the following policies and procedures:
    (1) How and when filing fees must be paid;
    (2) The procedure for opening a billing account for insurance 
filings and the terms and conditions for such an account;
    (3) The policy that fees are not refundable;
    (4) The policy regarding fees for related or consolidated 
proceedings;
    (5) The policy and procedure for a request for waiver or reduction 
of a filing fee; and
    (6) The policy for checks returned to the FHWA by a bank or other 
financial institution.
    The schedule of filing fees set forth in this new section contains 
the description of all fee items related to the motor carrier licensing 
and insurance functions that were transferred to the FHWA. The fee 
items in the schedule of filing fees set forth in Sec. 360.3(f) cover 
such activities as motor carrier registration applications, name 
changes for motor carriers, property brokers, or freight forwarders, 
insurance filings, and self-insurance applications.1 Some 
fee item references have been modified to more accurately describe the 
activity covered by the fee item and to remove or revise outdated 
regulatory and statutory citations. In addition, many fee items have 
been renumbered because of the elimination of various fee items and the 
desirability of grouping together similar fee items. These fee items 
were formerly found at 49 CFR 1002.2.
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    \1\ On September 23, 1997, the FHWA published an advance notice 
of proposed rulemaking to examine, in part, the need for assessing 
additional fees for processing and monitoring activities associated 
with the self-insurance program. See FHWA Docket No. FHWA-97-2923, 
MC-97-11, ``Qualifications of Motor Carriers to Self-Insure Their 
Operations and Fees to Support The Approval and Compliance 
Process,'' 62 FR 49654. On September 29, 1997, the FHWA corrected 
the assigned FHWA docket number and address for submission of 
comments at 62 FR 50892. The final rule being announced here does 
not address the issues covered in that proceeding.
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Fee Update Procedure and Cost Update Formula

    New Sec. 360.5 provides that fees may be updated as deemed 
necessary by the FHWA according to the cost update formula set forth in 
that section. These regulations also provide that notices of fee 
updates will be published in the Federal Register and will be effective 
30 days after publication of the update notice. In addition, the 
regulations set forth the formula for rounding updated fees.

Fee Levels

    The ICCTA included a provision codified at 49 U.S.C. 13908 which 
directs the Secretary to issue regulations to replace the former ICC 
registration and insurance programs, the DOT identification number 
system, and possibly the single State registration system under 49 
U.S.C. 14504 with a single, on-line, Federal system. The new system 
will serve as a clearinghouse and depository for information on, and 
identification of, foreign and domestic motor carriers, brokers, and 
freight forwarders required to register with the DOT. An advance notice 
of proposed rulemaking which sought comments on the parameters of the 
new system was published in FHWA Docket No. MC-96-25, FHWA 97-2349, 
``Motor Carrier Replacement/Information System,'' 61 FR 43816 (August 
26, 1996). Thus, the registration and insurance fees adopted here will 
only apply during the transition period to the new system.
    The ICC's last user fee update, which established the ICC's filing 
fees at the 1995 cost level, was effective on February 1, 1995. See 
``Regulations Governing Fees for Services In Connection With Licensing 
and Related Services-1995 Update,'' 59 FR 67642 (December 30, 1994). 
The FHWA's schedule of fees will be updated to 1996 cost levels based 
on the costing formula in Sec. 360.5. Because this is a transition 
period, complete FHWA budget data that would be necessary to develop 
various factors of the cost update formula are not available. 
Therefore, the FHWA will use the same update factor calculations that 
STB used in its 1996 Fee Update. In any future update proceedings, the 
FHWA budget data will be used to develop the cost update factors.
    Accordingly, for this fee update, the direct labor cost data for 
all fees have been revised to reflect the combined 1996 governmentwide 
general salary and the 1996 locality salary increase of 2.54 percent 
that took effect in January 1996.2 The Government Fringe 
Benefit

[[Page 7136]]

Cost used in the cost update formula is 49.55 percent. Based on fiscal 
year 1995 actual budget data, the Office General and Administrative 
Expense Factor is 26.73 percent for 1996. The General and 
Administrative Expense Factor for 1996 is 11.36 percent. The Operations 
Overhead Factor, which is developed from fiscal year 1995 payroll data, 
is 13.97 percent for 1996. The 1996 fully distributed cost for each 
item developed from these factors is set forth in the appendix of this 
document. The appendix will not appear in the Code of Federal 
Regulations.
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    \2\ The 1996 governmentwide general salary increase of 2.00 
percent and the 1996 locality salary increase for the Washington, 
DC, area of 0.54 percent make up the combined 2.54 percent increase. 
The Washington, DC, locality salary increase is relied on because 
all employees involved in these fee activities are located in the 
Washington, DC, area.
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    The fully distributed cost increased for all items. Due to the 
rounding procedures set forth in Sec. 360.5(e), however, not all fees 
will change. The actual filing fees are set forth in Sec. 360.3(f).
    In this rulemaking proceeding the FHWA is adopting the ICC's fee 
regulations related to the recently transferred motor carrier functions 
without any substantive changes. Therefore, these regulations impose no 
new burdens on the public.
    The fee update regulations in Sec. 360.5 provide that updated fees 
are to be published in the Federal Register and are to be effective 30 
days after publication. In previous update proceedings in which the 
former ICC only modified its filing fees on the basis of the cost 
update formula, the updated fee schedule was issued as a final rule 
without prior notice and comment. See ``Regulations Governing Fees for 
Services In Connection With Licensing and Related Services--1995 
Update,'' 59 FR 67642 (December 30, 1994); Regulations Governing Fees 
for Services-1993 Update, 9 I.C.C.2d 855 (1993); Regulations Governing 
Fees for Services-1991 Update, 8 I.C.C. 2d 13 (1991); and Regulations 
Governing Fees for Services-1990 Update, 7 I.C.C. 2d 855 (1990). The 
FHWA will follow that precedent and establish its filing fees at the 
1996 cost level without prior notice and comment because this fee 
update only involves the mechanical application of the cost update 
formula. For these reasons and because this rule imposes no significant 
burdens on the public, the FHWA finds good cause to make this 
regulation final without prior notice and opportunity for comments 
under the Administrative Procedure Act.

Rulemaking Analyses and Notices

    The FHWA believes that prior notice and opportunity for comment are 
unnecessary under 5 U.S.C. 553(b)(3)(B). The FHWA is not exercising 
discretion in a way that could be meaningfully affected by public 
comments. In this rulemaking, the former ICC's filing fee regulations 
related to the motor carrier functions transferred to the FHWA are 
being recodified as FHWA regulations. Additionally, three fees items 
(for name changes, for self-insurance applications, and for 
reinstatement of revoked operating authority) are being increased as a 
result of the mechanical application of a cost formula originally 
adopted by the ICC after notice and comment. The public will also have 
sufficient advance notice of changes in the three fee items because 
these changes and the underlying regulations will be effective on 30 
days notice as provided in the regulations adopted here in Sec. 360.5.

Executive Order 12866 (Federal Regulation) and DOT Regulatory 
Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action under Executive Order 12866, or significant within 
the meaning of Department of Transportation regulatory policies and 
procedures. This regulatory action is not likely to have an annual 
effect on the economy of $100 million or more. In addition, it is not 
expected to cause an adverse effect on any sector of the economy 
because this rule will simply move certain regulations from one part of 
the CFR to another and make incremental adjustments to three filing 
fees. It will not impose any significant burden on the public. No 
serious inconsistency or interference with another agency's actions or 
plans will result because this rulemaking is designed to facilitate the 
transfer of the former ICC's motor carrier functions and related 
programs to the FHWA. In light of this analysis, the FHWA finds that a 
full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the agency has evaluated the effects of this 
rulemaking on small entities. The fee structure remains the same, and 
any fee increases are incremental. Moreover, with the exception of the 
unchanged $10 fee for insurance filings made by insurance companies, 
the fee items are not assessed against any individual on a regular 
basis. Accordingly, the FHWA certifies that the action contained in 
this document will not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act

    The FHWA has determined that this rule does not impose any unfunded 
mandates on State, local, or tribal governments in the aggregate, or on 
the private sector, of $100 million or more in any one year, as 
required by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532).

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rulemaking does not have sufficient federalism implications 
to warrant the preparation of a federalism assessment. Thus, an 
analysis of the federalism issue raised by issuance of these filing fee 
regulations is not required for the purposes of this rulemaking.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520.

National Environmental Policy Act

    The agency has analyzed this rulemaking for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that this action would not have any effect on the 
quality of the environment.

Regulatory Identification Number

    A regulatory identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

Lists of Subjects in 49 CFR Part 360

    Administrative practice and procedure, Fees, Insurance, and Motor 
carriers.

    Issued on: February 4, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA is amending title 49, 
Code of Federal Regulations, Chapter III, by adding Part 360 to read as 
follows:

[[Page 7137]]

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

Sec.
360.1  Fees for records search, review, copying, certification, and 
related services.
360.3  Filing fees.
360.5  Updating user fees.

    Authority: 31 U.S.C. 9701; 49 U.S.C. 13908(c) and 14504(c)(2); 
and 49 CFR 1.48.


Sec. 360.1  Fees for records search, review, copying, certification, 
and related services.

    Certifications and copies of public records and documents on file 
with the Federal Highway Administration will be furnished on the 
following basis, pursuant to the Freedom of Information Act regulations 
at 49 CFR Part 7:
    (a) Certificate of the Director, Office of Motor Carrier 
Information Analysis, as to the authenticity of documents, $9.00;
    (b) Service involved in checking records to be certified to 
determine authenticity, including clerical work, etc., incidental 
thereto, at the rate of $16.00 per hour;
    (c) Electrostatic copies of the public documents, at the rate of 
$.80 per letter size or legal size exposure. A minimum charge of $5.00 
will be made for this service; and
    (d) Search and copying services requiring ADP processing, as 
follows:
    (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.
    (2) The fee for computer searches will be set at the current rate 
for computer service. Information on those charges can be obtained from 
the Chief, Licensing and Insurance Division.
    (3) Printing shall be charged at the rate of $.10 per page of 
computer generated output with a minimum charge of $.25. A charge of 
$30 per reel of magnetic tape will be made if the tape is to be 
permanently retained by the requestor.


Sec. 360.3  Filing fees.

    (a) Manner of payment. (1) Except for the insurance fees described 
in the next sentence, all filing fees will be payable at the time and 
place the application, petition, or other document is tendered for 
filing. The service fee for insurance, surety or self-insurer accepted 
certificate of insurance, surety bond or other instrument submitted in 
lieu of a broker surety bond must be charged to an insurance service 
account established by the Federal Highway Administration in accordance 
with paragraph (a)(2) of this section.
    (2) Billing account procedure. A written request must be submitted 
to the Office of Motor Carrier Information Analysis, Licensing and 
Insurance Division, to establish an insurance service fee account.
    (i) Each account will have a specific billing date within each 
month and a billing cycle. The billing date is the date that the bill 
is prepared and printed. The billing cycle is the period between the 
billing date in one month and the billing date in the next month. A 
bill for each account which has activity or an unpaid balance during 
the billing cycle will be sent on the billing date each month. Payment 
will be due 20 days from the billing date. Payments received before the 
next billing date are applied to the account. Interest will accrue in 
accordance with 4 CFR 102.13.
    (ii) The Debt Collection Act of 1982, including disclosure to the 
consumer reporting agencies and the use of collection agencies, as set 
forth in 4 CFR 102.5 and 102.6 will be utilized to encourage payment 
where appropriate.
    (iii) An account holder who files a petition in bankruptcy or who 
is the subject of a bankruptcy proceeding must provide the following 
information to the Office of Motor Carrier Information Analysis, 
Licensing and Insurance Division:
    (A) The filing date of the bankruptcy petition;
    (B) The court in which the bankruptcy petition was filed;
    (C) The type of bankruptcy proceeding;
    (D) The name, address, and telephone number of its representative 
in the bankruptcy proceeding; and
    (E) The name, address, and telephone number of the bankruptcy 
trustee, if one has been appointed.
    (3) Fees will be payable to the Federal Highway Administration by a 
check payable in United States currency drawn upon funds deposited in a 
United States or foreign bank or other financial institution, money 
order payable in United States' currency, or credit card (VISA or 
MASTERCARD).
    (b) Any filing that is not accompanied by the appropriate filing 
fee is deficient except for filings that satisfy the deferred payment 
procedures in paragraph (a) of this section.
    (c) Fees not refundable. Fees will be assessed for every filing in 
the type of proceeding listed in the schedule of fees contained in 
paragraph (f) of this section, subject to the exceptions contained in 
paragraphs (d) and (e) of this section. After the application, 
petition, or other document has been accepted for filing by the Federal 
Highway Administration, the filing fee will not be refunded, regardless 
of whether the application, petition, or other document is granted or 
approved, denied, rejected before docketing, dismissed, or withdrawn.
    (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. (This does not mean requests 
for multiple types of operating authority filed on forms in the OP-1 
series under the regulations at 49 CFR part 365. A separate filing fee 
is required for each type of authority sought in each transportation 
mode, e.g., common, contract, and broker authority for motor property 
carriers.)
    (2) Separate fees will be assessed for the filing of temporary 
operating authority applications as provided in paragraph (f)(6) of 
this section, regardless of whether such applications are related to an 
application for corresponding permanent operating authority.
    (3) The Federal Highway Administration may reject concurrently 
filed applications, petitions, 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. It is the general policy of 
the Federal Highway Administration not to waive or reduce filing fees 
except as described as follows:
    (1) Filing fees are waived for an application or other proceeding 
which is filed by a Federal government agency, or a State or local 
government entity. For purposes of this section the phrases ``Federal 
government agency'' or ``government entity'' do not include a quasi-
governmental corporation or government subsidized transportation 
company.
    (2) In extraordinary situations the Federal Highway Administration 
will accept requests for waivers or fee reductions in accordance with 
the following procedure:
    (i) When to request. At the time that a filing is submitted to the 
Federal Highway Administration the applicant may request a waiver or 
reduction of the fee prescribed in this part. Such request should be 
addressed to the Director, Office of Motor Carrier Information 
Analysis.
    (ii) Basis. The applicant must show the waiver or reduction of the 
fee is in the best interest of the public, or that payment of the fee 
would impose an undue hardship upon the requestor.

[[Page 7138]]

    (iii) Federal Highway Administration action. The Director, Office 
of Motor Carrier Information Analysis, will notify the applicant of the 
decision to grant or deny the request for waiver or reduction.
    (f) Schedule of filing fees.

----------------------------------------------------------------------------------------------------------------
           Type of Proceeding                                                                     Fee
----------------------------------------------------------------------------------------------------------------
Part I: Licensing:
  (1)...................................  An application for motor carrier operating  $300
                                           authority, a certificate of registration
                                           for certain foreign carriers, property
                                           broker authority, or freight forwarder
                                           authority.
  (2)...................................  A petition to interpret or clarify an       3,000
                                           operating authority.
  (3)...................................  A request seeking the modification of       50
                                           operating authority only to the extent of
                                           making a ministerial correction, when the
                                           original error was caused by applicant, a
                                           change in the name of the shipper or
                                           owner of a plant site, or the change of a
                                           highway name or number.
  (4)...................................  A petition to renew authority to transport  250
                                           explosives.
  (5)...................................  An application for authority to deviate     150
                                           from authorized regular-route authority.
  (6)...................................  An application for motor carrier temporary  100
                                           authority issued in an emergency
                                           situation.
  (7)...................................  Request for name change of a motor          14
                                           carrier, property broker, or freight
                                           forwarder.
  (8)--(49).............................  [Reserved]................................  ..........................
Part II: Insurance:
  (50)..................................  (i) An application for original             4,200
                                           qualification as self-insurer for bodily
                                           injury and property damage insurance
                                           (BI&PD).
                                          (ii) An application for original            420
                                           qualification as self-insurer for cargo
                                           insurance.
  (51)..................................  A service fee for insurer, surety, or self- $10 per accepted
                                           insurer accepted certificate of             certificate, surety bond
                                           insurance, surety bond, and other           or other instrument
                                           instrument submitted in lieu of a broker    submitted in lieu of a
                                           surety bond.                                broker surety bond.
  (52)..................................  A petition for reinstatement of revoked     80
                                           operating authority.
  (53)--(79)............................  [Reserved]................................
Part III: Services:
  (80)..................................  Request for service or pleading list for    13 per list
                                           proceedings.
  (81)..................................  Faxed copies of operating authority to      5
                                           applicants or their representatives who
                                           did not receive a served copy.
----------------------------------------------------------------------------------------------------------------

    (g) Returned check policy. (1) If a check submitted to the FHWA for 
a filing or service fee is dishonored by a bank or financial 
institution on which it is drawn, the FHWA will notify the person who 
submitted the check that:
    (i) All work will be suspended on the filing or proceeding, until 
the check is made good;
    (ii) A returned check charge of $6.00 and any bank charges incurred 
by the FHWA as a result of the dishonored check must be submitted with 
the filing fee which is outstanding; and
    (iii) If payment is not made within the time specified by the FHWA, 
the proceeding will be dismissed or the filing may be rejected.
    (2) If a person repeatedly submits dishonored checks to the FHWA 
for filing fees, the FHWA may notify the person that all future filing 
fees must be submitted in the form of a certified or cashier's check or 
a money order.


Sec. 360.5  Updating user fees.

    (a) Update. Each fee established in this part may be updated in 
accordance with this section as deemed necessary by the FHWA.
    (b) Publication and effective dates. Updated fees shall be 
published in the Federal Register and shall become effective 30 days 
after publication.
    (c) Payment of fees. Any person submitting a filing for which a fee 
is established shall pay the fee in effect at the time of the filing.
    (d) Method of updating fees. Each fee shall be updated by updating 
the cost components comprising the fee. Cost components shall be 
updated as follows:
    (1) Direct labor costs shall be updated by multiplying base level 
direct labor costs by percentage changes in average wages and salaries 
of FHWA employees. Base level direct labor costs are direct labor costs 
determined by the cost study in Regulations Governing Fees For Service, 
1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for 
measuring changes shall be April 1984 or the year of the last cost 
study.
    (2) Operations overhead shall be developed each year on the basis 
of current relationships existing on a weighted basis, for indirect 
labor applicable to the first supervisory work centers directly 
associated with user fee activity. Actual updating of operations 
overhead will be accomplished by applying the current percentage factor 
to updated direct labor, including current governmental overhead costs.
    (3)(i) Office general and administrative costs shall be developed 
each year on the basis of current levels costs, i.e., dividing actual 
office general and administrative costs for the current fiscal year by 
total office costs for the office directly associated with user fee 
activity. Actual updating of office general and administrative costs 
will be accomplished by applying the current percentage factor to 
updated direct labor, including current governmental overhead and 
current operations overhead costs.
    (ii) FHWA general and administrative costs shall be developed each 
year on the basis of current level costs; i.e., dividing actual FHWA 
general and administrative costs for the current fiscal year by total 
agency expenses for the current fiscal year. Actual updating of FHWA 
general and administrative costs will be accomplished by applying the 
current percentage factor to updated direct labor, including current 
governmental overhead, operations overhead and office general and 
administrative costs.
    (4) Publication costs shall be adjusted on the basis of known 
changes in the costs applicable to publication of material in the 
Federal Register or FHWA-OMC Register.
    (This rounding procedures excludes copying, printing and search 
fees.)

[[Page 7139]]

    (e) Rounding of updated fees. Updated fees shall be rounded in the 
following manner:
    (1) Fees between $1 and $30 will be rounded to the nearest $1;
    (2) Fees between $30 and $100 will be rounded to the nearest $10;
    (3) Fees between $100 and $999 will be rounded to the nearest $50; 
and
    (4) Fees above $1,000 will be rounded to the nearest $100.

                                                                        Appendix
                                                    [Based on 1996 pay increase and overhead changes]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     1996
                                         1995       Direct     Check      Govt.       Total    Operations                        Publication   Total Sub
                FEE#                    Direct       Labor    Process    Fringes     (2+3+4)    Overhead   Office G&A   FHA G&A      Cost        (5-9)
                                         Labor      Updated
                                             (1)         (2)      (3)         (4)         (5)        (6)          (7)       (8)         (9)         (10)
                                     -------------------------------------------------------------------------------------------------------------------
1...................................      135.07      138.50     1.43       69.34      209.27      29.23        63.75     34.34        5.00       341.59
2...................................       64.77       66.42     1.43       33.62      101.46      14.17        30.91     16.65        5.00       168.19
3...................................    1,162.04    1,191.56     1.43      591.12    1,784.11     249.24       543.51    292.73      190.32     3,059.92
4...................................       22.74       23.32     1.43       12.26       37.01       5.17        11.27      6.07        0.00        59.53
5...................................      104.68      107.34     1.43       53.89      162.66      22.72        49.55     26.69        0.00       261.63
6...................................      145.13      148.82     1.43       74.45      224.69      31.39        68.45     36.87        5.00       366.40
7...................................       73.86       75.74     1.43       38.24      115.40      16.12        35.16     18.93        5.00       190.61
8...................................       56.40       57.83     1.43       29.36       88.63      12.38        27.00     14.54        5.00       147.55
9...................................        5.00        5.13     0.72        2.90        8.74       1.22         2.66      1.43        0.00        14.06
10..................................       12.88       13.21     1.43        7.25       21.89       3.06         6.67      3.59        0.00        35.21
11..................................     129..38      132.67     1.43       66.44      200.54      28.02        61.09     32.90        3.00       325.55
12..................................      185.20      189.90     1.43       94.81      286.14      39.97        87.17     46.95        0.00       460.23
40..................................    3,020.52    3,097.24     1.43    1,535.39    4,634.06     647.38     1,411.73    760.34        0.00     7,453.51
41..................................    1,453.28    1,490.19     1.43      739.10    2,230.72     311.63       679.57    366.01        0.00     3,587.94
50i.................................    1,722.81    1,766.57     1.43      876.04    2,644.04     369.37       805.49    433.83        0.00     4,252.73
50ii................................        0.00        0.00     0.00        0.00        0.00       0.00         0.00      0.00        0.00       425.27
51..................................        1.03        1.06     0.72        0.88        2.66       0.37         0.81      0.44        0.00         4.27
52..................................       31.45       32.25     1.43       16.69       50.37       7.04        15.34      8.26        0.00        81.01
70..................................      336.79      345.34     1.69      171.96      518.99      72.50       158.11     85.15        0.00       834.75
80..................................        4.85        4.97     0.72        2.82        8.51       1.19         2.59      1.40        0.00        13.69
81i.................................       41.95       43.02     1.43       22.02       66.47       9.29        20.25     10.91        0.00       106.91
81ii................................        0.00        0.00     0.00        0.00        0.00       0.00         0.00      0.00        0.00        25.00
82..................................        0.00        0.00     0.00        0.00        0.00       0.00         0.00      0.00        0.00         5.00
*101................................        3.17        3.25     0.72        1.97        5.94       0.83         1.81      0.97        0.00         9.55
*102................................       16,55       16.97     0.00        8.41       25.38       3.55         7.73      4.16        0.00        40.82
*103................................        0.55        0.56     0.00        0.28        0.84       0.12         0.26      0.14        0.00         1.36
*104................................       41.63       42.69     0.00       21.15       63.84       8.92        19.45     10.47        0.00      102.68
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*101--Certification of Director, Office of Motor Carrier Application Information Analysis (Fee Set a Rounded Fully Distributed Cost Level--Column (10)
  Above)--The 1996 Fee Is Set at $9.00.
*102--Service Involved on Checking Records To be Certified To Determine Authenticity, Including Clerical Work etc. Incidental Thereto (Fee Set at
  Rounded Direct Labor Only Level--Column (2) Above)--The 1996 Fee Is Set at $16.00 Per Hour.
*103--Electrostatic Copies of Public Documents, at a Specific Per Page Rate With a Minimum Charge of $5.00 Per Request (Per Page Rate Based on the
  Rounded Total in Column (5) Above)--The 1996 Fee Is Set at $.80 Per Page.
*104--A Fee for Professional Staff Time Will Be Charged When It Is Required To Fulfill a Request For ADP Data (Fee Set at Rounded Direct Labor Only
  Level--Column (2) Above)--The 1996 Fee Is Set at $42.00 Per Hour.
Note: This appendix will not appear in the Code of Federal Regulations.

[FR Doc. 99-3510 Filed 2-11-99; 8:45 am]
BILLING CODE 4910-22-P