[Federal Register Volume 68, Number 164 (Monday, August 25, 2003)]
[Rules and Regulations]
[Pages 50980-50983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21571]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub-No. 10)]


Regulations Governing Fees For Services Performed in Connection 
With Licensing and Related Services--2003 Update

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: The Board adopts its 2003 User Fee Update and revises its fee 
schedule at this time to recover the costs associated with the January 
2003 Government salary increases and to recover increased Federal 
Register costs to the Board.

EFFECTIVE DATE: These rules are effective September 24, 2003.

FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 565-1551, or 
Anne Quinlan, (202) 565-1727. [TDD for the hearing impaired: 1-800-877-
8339.]

SUPPLEMENTARY INFORMATION: The Board's regulations in 49 CFR 1002.3 
require the Board's user fee schedule to be updated annually. The 
Board's regulation at 49 CFR 1002.3(a) provides that the entire fee 
schedule or selected fees can be modified more than once a year, if 
necessary. 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 agency 
fee policy.
    Because Board employees received a salary increase of 4.27% in 
January 2003, we are updating our user fees to recover the increased 
personnel costs. With certain exceptions, all fees will be updated 
based on our cost formula contained in 49 CFR 1002.3(d). In addition, 
the cost to publish data in the Federal Register increased last year, 
so we are revising the fees to give consideration to that increase.
    The fee increases involved here result only from the mechanical 
application of the update formula in 49 CFR 1002.3(d), which was 
adopted through notice and comment procedures in Regulations Governing 
Fees for Services-1987 Update, 4 I.C.C.2d 137 (1987). In addition, no 
new fees are being proposed in this proceeding. Therefore, we find that 
notice and comment are 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 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 the Board's contractor, Da-To-Da Legal, Suite 405, 1925 K Street, 
NW, Washington, DC 20006. Telephone: (202) 293-7776. [Assistance for 
the hearing impaired is available through TDD services 1-800-877-8339.]

List of Subjects in 49 CFR Part 1002

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

    Decided: August 18, 2003.


[[Page 50981]]


    By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.

0
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

0
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).


0
2. Section 1002.1 is amended by revising paragraphs (b), (c), and 
(e)(1) and the table in paragraph (f)(6) to read as follows:


Sec.  1002.1  Fees for record 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 $32.00 per hour.
    (c) Service involved in checking records to be certified to 
determine authenticity, including clerical work, etc., incidental 
thereto, at the rate of $22.00 per hour.
* * * * *
    (e) * * *
    (1) A fee of $55.00 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.......................................................       $ 9.31
GS-2.......................................................        10.14
GS-3.......................................................        11.43
GS-4.......................................................        12.83
GS-5.......................................................        14.35
GS-6.......................................................        16.00
GS-7.......................................................        17.78
GS-8.......................................................        19.69
GS-9.......................................................        21.75
GS-10......................................................        23.95
GS-11......................................................        26.31
GS-12......................................................        31.53
GS-13......................................................        37.50
GS-14......................................................        44.31
GS-15 and over.............................................        52.13
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0
3. In Sec.  1002.2, paragraph (f) is revised as follows:


Sec.  1002.2  Filing fees.

* * * * *
    (f) Schedule of filing fees.

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         Type of proceeding                           Fee
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PART I: Non-Rail Applications or
 Proceedings to Enter Upon a
 Particular Financial Transaction or
 Joint Arrangement:
    (1) An application for the        $3,300.
     pooling or division of traffic.
    (2) An application involving the  $1,500.
     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   $20,600.
     of a non-rail rate association
     agreement. 49 U.S.C. 13703.
    (4) An application for approval
     of an amendment to a non-rail
     rate association agreement:
        (i) Significant amendment...  $3,400.
        (ii) Minor amendment........  $70.
    (5) An application for temporary  $350.
     authority to operate a motor
     carrier of passengers. 49
     U.S.C. 14303(i).
    (6) A notice of exemption for     $1,300.
     transaction within a motor
     passenger corporate family that
     does not result in adverse
     changes in service levels,
     significant operational
     changes, or a change in the
     competitive balance with motor
     passenger carriers outside the
     corporate family.
    (7)-(10) [Reserved]
PART II: Rail Licensing Proceedings
 Other than Abandonment or
 Discontinuance Proceedings:
    (11) (i) An application for a     $5,400.
     certificate authorizing the
     extension, acquisition, or
     operation of lines of railroad.
     49 U.S.C. 10901.
        (ii) Notice of exemption      $1,400.
         under 49 CFR 1150.31-
         1150.35.
        (iii) Petition for exemption  $9,400.
         under 49 U.S.C. 10502.
    (12) (i) An application           $55,600.
     involving the construction of a
     rail line.
        (ii) A notice of exemption    $1,400.
         involving construction of a
         rail line under 49 CFR
         1150.36.
        (iii) A petition for          $55,600.
         exemption under 49 U.S.C.
         10502 involving
         construction of a rail line.
    (13) A Feeder Line Development    $2,600.
     Program application filed under
     49 U.S.C. 10907(b)(1)(A)(i) or
     10907(b)(1)(A)(ii).
    (14) (i) An application of a      $4,600.
     class II or class III carrier
     to acquire an extended or
     additional rail line under 49
     U.S.C. 10902.
        (ii) Notice of exemption      $1,400.
         under 49 CFR 1150.41-
         1150.45.
        (iii) Petition for exemption  $4,900.
         under 49 U.S.C. 10502
         relating to an exemption
         from the provisions of 49
         U.S.C. 10902.
    (15) A notice of a modified       1,300.
     certificate 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       $16,500.
     authority 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      $2,800.
         abandonment or
         discontinuance under 49 CFR
         1152.50.
        (iii) A petition for          $4,700.
         exemption under 49 U.S.C.
         10502.
    (22) An application for           $350.
     authority to 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        $1,400.
     bankrupt railroads.
    (24) A request for waiver of      $1,300.
     filing requirements for
     abandonment application
     proceedings.
    (25) An offer of financial        $1,100.
     assistance 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   $16,800.
     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    $14,100.
     terminal facilities or other
     applications under 49 U.S.C.
     11102.
    (37) An application for the       $7,600.
     pooling or division of traffic.
     49 U.S.C. 11322.

[[Page 50982]]

 
    (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.......  $1,111,700.
        (ii) Significant transaction  $222,300.
        (iii) Minor transaction.....  $5,900.
        (iv) Notice of an exempt      $1,300.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  5,900.
        (vi) Petition for exemption   7,000.
         under 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.......  $1,111,700.
        (ii) Significant transaction  $222,300.
        (iii) Minor transaction.....  $5,900.
        (iv) A notice of an exempt    $1,000.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $5,900.
        (vi) Petition for exemption   $7,000.
         under 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.......  $1,111,700.
        (ii) Significant transaction  $222,300.
        (iii) Minor transaction.....  $5,900.
        (iv) Notice of an exempt      $950.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $5,900.
        (vi) Petition for exemption   $7,000.
         under 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.......  $1,111,700.
        (ii) Significant transaction  $222,300.
        (iii) Minor transaction.....  $5,900.
        (iv) Notice of an exempt      $1,100.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $5,900.
        (vi) Petition for exemption   $4,900.
         under 49 U.S.C. 10502.
    (42) Notice of a joint project    $1,800.
     involving relocation of a rail
     line under 49 CFR 1180.2(d)(5)
    (43) An application for approval  $52,000.
     of a 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...  $9,600.
        (ii) Minor amendment........  $70.
    (45) An application for           $550.
     authority to hold a position as
     officer or director under 49
     U.S.C. 11328.
    (46) A petition for exemption     $6,000.
     under 49 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
     carriers:
        (i) A formal complaint filed  $62,100.
         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).
        (ii) All other formal         $6,100.
         complaints (except
         competitive access
         complaints.
        (iii) Competitive access      $150.
         complaints.
    (57) A complaint seeking or a     $6,600.
     petition 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            $1,000.
         declaratory 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   $5,200.
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).
    (60) Labor arbitration            $150.
     proceedings.
    (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           $900.
     authority to 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   $90.
     permission for short notice or
     the waiver of other tariff
     publishing requirements.
    (78) (i) The filing of tariffs,   $1 per page.
     including supplements, or        (18 minimum charge.)
     contract summaries.
        (ii) Tariffs transmitted by   $1 per page.
         fax.
    (79) Special docket applications
     from rail and water carriers:
        (i) Applications involving    $50.
         $25,000 or less.
        (ii) Applications involving   $100.
         over $25,000.
    (80) Informal complaint about     $450.
     rail rate applications.

[[Page 50983]]

 
    (81) Tariff reconciliation
     petitions from motor common
     carriers:
        (i) Petitions involving       $50.
         $25,000 or less.
        (ii) Petitions involving      $100.
         over $25,000.
    (82) Request for a determination  $150.
     of the applicability or
     reasonableness of motor carrier
     rates under 49 U.S.C.
     13710(a)(2) and (3).
    (83) Filing of documents for      $30 per document.
     recordation. 49 U.S.C. 11301
     and 49 CFR 1177.3(c).
    (84) Informal opinions about      $150.
     rate applications (all modes).
    (85) A railroad accounting        $850.
     interpretation.
    (86) An operational               $1,100.
     interpretation.
    (87) Arbitration of Certain
     Disputes Subject to the
     Statutory Jurisdiction of the
     Surface Transportation Board
     under 49 CFR 1108:
        (i) Complaint...............  $75.
        (ii) Answer (per defendant),  $75.
         Unless Declining to Submit
         to Any Arbitration.
        (iii) Third Party Complaint.  $75.
        (iv) Third Party Answer (per  $75.
         defendant), Unless
         Declining to Submit to Any
         Arbitration.
        (v) Appeals of Arbitration    $150.
         Decisions or Petitions to
         Modify or Vacate an
         Arbitration Award.
    (88)-(95) [Reserved]
PART VII: Services:
    (96) Messenger delivery of        $23 per delivery.
     decision to a railroad
     carrier's Washington, DC, agent.
    (97) Request for service or       $18 per list.
     pleading list for proceedings.
    (98) (i) Processing the           $200.
     paperwork 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           $500.
         paperwork 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   $50.
         Phase III software program
         and manual.
        (ii) Updated URCS PC version  $10.
         Phase III cost file, if
         computer disk provided by
         requestor.
        (iii) Updated URCS PC         $20.
         version Phase III cost
         file, if computer disk
         provided by the Board.
        (iv) Public requests for      $500.
         Source Codes to the PC
         version URCS Phase III.
        (v) PC version or mainframe   $400.
         version URCS Phase II.
        (vi) PC version or mainframe  $50.
         version Updated Phase II
         databases.
        (vii) Public requests for     $1,500.
         Source Codes to PC version
         URCS Phase II.
    (101) Carload Waybill Sample
     data on recordable compact disk
     (R-CD):.
        (i) Requests for Public Use   $450.
         File on R-CD--First Year.
        (ii) Requests for Public Use  $150.
         File 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          $500.
         Transportation Board of
         State proceeding on R-CD--
         Second Year on different R-
         CD.
        (vi) User Guide for latest    $50.
         available Carload Waybill
         Sample.
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[FR Doc. 03-21571 Filed 8-22-03; 8:45 am]
BILLING CODE 4915-00-P