[Federal Register Volume 69, Number 60 (Monday, March 29, 2004)]
[Rules and Regulations]
[Pages 16173-16175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6895]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub-No. 4)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2002 New Fees

AGENCY: Surface Transportation Board, Transportation.

ACTION: Final rules.

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SUMMARY: The Board adopts final rules establishing 19 fees for services 
for which no fee currently is assessed; raising the below-cost fee that 
currently applies to six fee items; updating fees for nine existing fee 
items; and amending, renumbering and deleting certain rules to conform 
to existing and adopted fee collection policies and processes. The 
Board adopts these rules under the Independent Offices Appropriations 
Act and OMB Circular A-25, User Fees.

DATES: These rules are effective April 28, 2004.

FOR FURTHER INFORMATION CONTACT: Anne K. Quinlan (202) 565-1727 or 
David T. Groves (202) 565-1551. [Federal Information Relay Service 
(FIRS) for the hearing impaired: 1-(800) 877-8339.]

SUPPLEMENTARY INFORMATION: Under the Independent Offices Appropriations 
Act, 31 U.S.C. 9701 (IOAA), federal agencies are obliged to establish 
fees for specific services provided to identifiable beneficiaries. 
Office of Management and Budget Circular A-25 contains guidelines for 
agencies to apply in assessing and collecting those fees.
    Pursuant to the IOAA and Circular A-25, the Board, on August 29, 
2002, served and on September 11, 2002, published in the Federal 
Register (67 FR 57554) a notice of proposed rulemaking (NPR) to amend 
its regulations to accomplish the following: (1) Establish 22 new fees 
to cover services and activities not previously included in the Board's 
user fee regulations, including a catch-all ``basic'' fee for STB 
adjudicatory services not already covered by a specific fee; (2) raise 
the below-cost fee assessment applied to six fee items; (3) update fees 
for nine existing fee items; and (4) amend, renumber and delete certain 
rules to clarify the applicability and scope of certain fee items and 
to reflect current and proposed fee and billing practices and tariff 
requirements.
    The Board received comments from the Association of American 
Railroads, The Burlington Northern and Santa Fe Railway Company, the 
National Industrial Transportation League, the North Dakota Grain 
Dealers Association and the United Transportation Union--General 
Committee of Adjustment. Some comments challenged the validity of 
several proposed fees; others challenged the levels of several proposed 
fees.
    The Board found that it is appropriate to charge the proposed fees 
because, while the public in general will always benefit, either 
directly or indirectly, from the services the Board provides, the 
services provide special benefits to those requesting the services 
beyond those received by the general public.
    The Board, after considering comments, lowered the level of several 
proposed fees and left others at the level proposed. The Board also 
declined, at this time, to adopt fees in connection with motions to 
compel discovery and appeals of discovery rulings because the agency 
recently adopted rules that may have the desired effect of reducing the 
incidence of frivolous, costly and ineffective discovery requests. 
Also, note that the Board amended several fee regulations to accomplish 
the following: (1) Reflect current business practices with respect to 
fee processing; (2) permit use of the billing account system to collect 
fees for documents filed for recording under 49 U.S.C. 11301; and (3) 
change the process for handling fee waiver requests. The final rules 
are set forth in the Appendix.
    Pursuant to 5 U.S.C. 605(b) the Board certifies that the final 
rules will not have a significant economic impact on a substantial 
number of small entities. The economic impact of the proposed fees will 
not be significant because the Board fees represent only a small 
portion of the overall cost of the related endeavors. Moreover, few 
small entities avail themselves of the services to which the proposed 
fees apply. Finally, the Board's 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 the 
human environment or the conservation of energy resources.
    Additional information is contained in the Board's decision. To 
obtain a free copy of the full decision, visit the Board's Web site at 
http://www.stb.dot.gov; call the Board's Information Officer at (202) 
565-1500; or pick up in person at Suite 100, Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. To purchase a 
copy of the decision, write to, call, email, or pick up in person from 
ASAP Document Solutions, 9332 Annapolis Road, Suite 103, Lanham, 
Maryland 20706, (301) 577-2600, [email protected]. [Assistance for the 
hearing impaired is available through Federal Information Relay 
Services (FIRS): (800) 877-8339.]

List of Subjects in 49 CFR Part 1002

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

    Decided: March 23, 2004.

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

0
For the reasons set forth in the decision, the Surface Transportation 
Board amends 49 CFR part 1002 as follows:

PART 1002--FEES

0
1. The authority citation for part 1002 is revised 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. Section 1002.1(g)(11) also issued under 5 U.S.C. 5514 
and 31 U.S.C. 3717.


0
2. Amend Sec. 1002.1 as follows:
0
a. Redesignate paragraphs (e) through (h) as paragraphs (f) through 
(i);
0
b. Remove newly redesignated paragraph (f)(2) and designate newly 
redesignated paragraph (f)(3) as paragraph (f)(2);

[[Page 16174]]

0
c. Add new paragraph (e) and revise newly redesignated paragraphs 
(g)(7), (g)(8) and (h) to read as follows:


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

* * * * *
    (e) Fees for courier services to transport agency records to 
provide on-site access to agency records stored off-site will be set at 
the rates set forth in the Board's agreement with its courier service 
provider. Rate information is available on the Board's Web site (http://www.stb.dot.gov), or can be obtained from the Board's Information 
Officer, Suite 880, Surface Transportation Board, Washington, DC 20423-
0001.
* * * * *
    (g) * * *
    (7) The fee for photocopies shall be $1.00 per letter or legal size 
exposure with a minimum charge of $5.00.
    (8) The fees for ADP data are set forth in paragraph (f) of this 
section.
* * * * *
    (h) Fees for services described in paragraphs (a) through (g) of 
this section may be charged to accounts established in accordance with 
49 CFR 1002.2(a)(2), or paid for by check, money order, currency, or 
credit card in accordance with 49 CFR 1002.2(a)(3).
* * * * *

0
3. Amend Sec. 1002.2 as follows:
0
a. From paragraph (g)(1)(ii) remove ``6.00'' and in its place add 
``$20.00'';
0
b. Remove paragraphs (f)(100)(ii) and (v)-(vii), and (f)(101)(ii), (iv) 
and (v).
0
c. Redesignate paragraph (f)(2) as paragraph (f)(2)(i); redesignate 
paragraph (f)(27) as paragraph (f)(27)(i); redesignate paragraphs 
(f)(56)(ii) and (iii) as paragraphs (f)(56)(iii) and (iv); redesignate 
paragraph (f)(61) as paragraph (f)(61)(i); redesignate paragraph 
(f)(78)(i) as paragraph (f)(78); remove paragraph (f)(78)(ii); 
redesignate paragraphs (f)(100)(iii) and (iv) as paragraphs 
(f)(100)(ii) and (iii) and redesignate paragraphs (f)(101)(iii) and 
(vi) as paragraphs (f)(101)(ii) and (iii).
0
d. Revise the last sentence of paragraph (a)(1), paragraph (a)(2), the 
first sentence of paragraph (b), and paragraphs (f)(27)(i), (f)(47), 
(f)(48), (f)(60) through (f)(62) and (f)(86).
0
e. Add paragraphs (f)(2)(ii) and (iii), (f)(12)(iv), (f)(27)(ii), 
(f)(38)(vii), (f)(39)(vii), (f)(40)(vii), (f)(41)(vii), (f)(56)(ii) and 
(v), (f)(63), (f)(64), (f)(88) and (f)(101)(iv).
    The added and revised text is set forth as follows:


Sec.  1002.2  Filing fees.

    (a) * * *
    (1) * * * Filing fees for tariffs, including schedules, and 
contract summaries, including supplements (Item 78), and filing fees 
for documents submitted for recording (Item 83) may be charged to 
accounts established by the Board in accordance with paragraph (a)(2) 
of this section.
    (2) Billing account procedure. Form STB-1032 must be submitted to 
the Board's Section of Financial Services to establish STB billing 
accounts for filing fees for tariffs and for documents submitted for 
recording.
* * * * *
    (b) Any filing that is not accompanied by the appropriate filing 
fee, payment via credit card or STB billing account, or a request for 
waiver of the fee, is deficient. * * *
* * * * *
    (f) Schedule of filing fees.

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              Type of Proceeding                          Fee
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                              * * * * * * *
 (2) (i) * * *
    (ii) A petition for exemption under 49     $2,300.
     U.S.C. 13541 (other than a rulemaking)
     filed by a non-rail carrier not
     otherwise covered.
    (iii) A petition to revoke an exemption    1,900.
     filed under 49 U.S.C. 13541(d).
 
                              * * * * * * *
(12) * * *
    (iv) A request for determination of a      200.
     dispute involving a rail construction
     that crosses the line of another carrier
     under 49 U.S.C. 10901(d).
 
                              * * * * * * *
(27) (i) A request for a trail use condition   200.
 in an abandonment proceeding under 16 U.S.C.
 1247(d).
    (ii) A request to extend the period to     300.
     negotiate a trail use agreement.
 
                              * * * * * * *
(38) * * *
    (vii) A request for waiver or              3,800.
     clarification of regulations filed in a
     major financial proceeding as defined at
     49 CFR 1180.2(a).
(39) * * *
    (vii) A request for waiver or              3,800.
     clarification of regulations filed in a
     major financial proceeding as defined at
     49 CFR 1180.2(a).
(40) * * *
    (vii) A request for waiver or              3,800.
     clarification of regulations filed in a
     major financial proceeding as defined at
     49 CFR 1180.2(a).
(41) * * *
    (vii) A request for waiver or              3,800.
     clarification of regulations filed in a
     major financial proceeding as defined at
     49 CFR 1180.2(a).
 
                              * * * * * * *
(47) National Railroad Passenger Corporation   200.
 (Amtrak) conveyance proceeding under 45
 U.S.C. 562.
(48) National Railroad Passenger Corporation   200.
 (Amtrak) compensation proceeding under
 Section 402(a) of the Rail Passenger Service
 Act.
 
                              * * * * * * *
(56) * * *...................................
    (ii) A formal complaint filed under the    150.
     small rate case procedures.
 

[[Page 16175]]

 
                              * * * * * * *
    (v) A request for an order compelling a    200.
     carrier to file a common carrier rate.
 
                              * * * * * * *
(60) A labor arbitration proceeding..........  200.
(61) (i) An appeal of a Surface                200.
 Transportation Board decision on the merits
 or petition to revoke an exemption pursuant
 to 49 U.S.C. 10502(d).
    (ii) An appeal of a Surface                250.
     Transportation Board decision on
     procedural matters except discovery
     rulings.
(62) Motor carrier undercharge proceeding....  200.
(63) Expedited relief for service
 inadequacies:
    (i) A request for expedited relief under   200.
     49 U.S.C. 11123 and 49 CFR part 1146 for
     service emergency.
    (ii) A request for temporary relief under  200.
     49 U.S.C. 10705 and 11102, and 49 CFR
     part 1147 for service inadequacy.
(64) A request for waiver or clarification of  400.
 regulations except one filed in an
 abandonment or discontinuance proceeding, or
 in a major financial proceeding as defined
 at 49 CFR 1180.2(a).
 
                              * * * * * * *
(86) Informal opinions:
    (i) A request for an informal opinion not  1,100.
     otherwise covered.
    (ii) A proposal to use on a voting trust   3,500.
     agreement pursuant to 49 CFR 1013 and 49
     CFR 1180.4(b)(4)(iv) in connection with
     a major control proceeding as defined at
     49 CFR 1180.2(a).
    (iii) A request for an informal opinion    350.
     on a voting trust agreement pursuant to
     49 CFR 1013.3(a) not otherwise covered.
 
                              * * * * * * *
(88) Basic fee for STB adjudicatory services   200.
 not otherwise covered.
 
                              * * * * * * *
(98) Processing the paperwork related to a
 request for the Carload Waybill Sample to be
 used in a Board or State proceeding that:
    (i) Does not require a Federal Register
     notice:
        (a) Set cost portion.................  100.
        (b) Sliding cost portion.............  32 per party.
    (ii) Does require a Federal Register
     notice:
        (a) Set cost portion.................  300.
        (b) Sliding cost portion.............  32 per party.
 
                              * * * * * * *
(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     25.
     cost file--per year.
    (iii) Public requests for Source Codes to  100.
     the PC version URCS Phase III.
(101) Carload Waybill Sample data or
 recordable disk (R-CD):
    (i) Requests for Public Use File on R-CD-- 250.
     per year.
    (ii) Waybill--Surface Transportation       500.
     Board or State proceedings on R-CD--per
     year.
    (iii) User Guide for latest available      50.
     Carload Waybill Sample.
    (iv) Specialized Programming for Waybill   76 per hour.
     requests to the Board.
 
                              * * * * * * *
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[FR Doc. 04-6895 Filed 3-26-04; 8:45 am]
BILLING CODE 4915-01-P