[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Rules and Regulations]
[Pages 17335-17339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6817]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub-No. 12)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2005 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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SUMMARY: The Board adopts its 2005 User Fee Update and revises its fee 
schedule to recover the costs associated with the January 2005 
Government salary increases and to reflect changes in overhead costs to 
the Board.

DATES: Effective Date: These rules are effective May 6, 2005.

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 at 49 CFR 1002.3 
require that the Board's user fee schedule be updated annually. The 
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. Fees 
are revised based on the cost study formula set forth at 49 CFR 
1002.3(d).
    Because Board employees received a salary increase of 3.71% in 
January 2005, the Board is updating its user fees to recover the 
increased personnel costs.

[[Page 17336]]

With certain exceptions, all fees, including those adopted or amended 
in Regulations Governing Fees For Services Performed In Connection With 
Licensing and Related Services--2002 New Fees, STB Ex Parte No. 542 
(Sub-No. 4) (STB served Mar. 29, 2004) will be updated based on the 
cost formula contained in 49 CFR 1002.3(d). In addition, changes to the 
overhead costs borne by the Board are reflected in the revised fee 
schedule.
    The fee increases adopted here result 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). No new fees are 
being proposed in this proceeding. Therefore, the Board finds 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).
    The Board concludes 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 free copy of the full decision, visit the Board's Web site at 
http://www.stb.dot.gov or call the Board's Information Officer at (202) 
565-1500. To purchase a copy of the decision, write to, call, e-mail, 
or pick up in person from ASAP Document Solutions, 9332 Annapolis Road, 
Suite 103 Lanham, Maryland 20706, (301) 306-4004, [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 31, 2005.

    By the Board, Chairman Nober, Vice Chairman Buttrey and 
Commissioner Mulvey.
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 
(f)(1); and the table in paragraph (g)(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 $34.00 per hour.
    (c) Service involved in checking records to be certified to 
determine authenticity, including clerical work, etc., incidental 
thereto, at the rate of $24.00 per hour.
* * * * *
    (f) * * *
    (1) A fee of $60.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for ADP data.
* * * * *
    (g) * * *
    (6) * * *

------------------------------------------------------------------------
                            Grade                                Rate
------------------------------------------------------------------------
GS-1........................................................      $10.08
GS-2........................................................       10.98
GS-3........................................................       12.37
GS-4........................................................       13.89
GS-5........................................................       15.54
GS-6........................................................       17.32
GS-7........................................................       19.25
GS-8........................................................       21.32
GS-9........................................................       23.55
GS-10.......................................................       25.93
GS-11.......................................................       28.49
GS-12.......................................................       34.15
GS-13.......................................................       40.61
GS-14.......................................................       47.99
GS-15 and over..............................................       56.45
------------------------------------------------------------------------

* * * * *
0
2. In Sec.  1002.2, paragraph (f) is revised as follows:


Sec.  1002.2  Filing fees.

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

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             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    $3,600.
     division of traffic.
    (2) (i) An application involving the     $1,700.
     purchase, lease, consolidation,
     merger, or acquisition of control of a
     motor carrier of passengers under 49
     U.S.C. 14303.
        (ii) A petition for exemption under  $2,600.
         49 U.S.C. 13541(other than a
         rulemaking) filed by a non-rail
         carriernot otherwise covered.
        (iii) A petition to revoke an        $2,200.
         exemption filed under 49 U.S.C.
         13541(d).
    (3) An application for approval of a     $22,500.
     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..........  $3,700.
        (ii) Minor amendment...............  $80.
    (5) An application for temporary         $400.
     authority to operate a motor carrier
     of passengers 49 U.S.C. 14303(i).
    (6) A notice of exemption for            $1,400.
     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            $5,900.
     certificate authorizing the extension,
     acquisition, or operation of lines of
     railroad 49 U.S.C. 10901.
        (ii) Notice of exemption under 49    $1,500.
         CFR 1150.31-1150.35.
        (iii) Petition for exemption under   $10,200.
         49 U.S.C. 10502.
    (12) (i) An application involving the    $60,800.
     construction of a rail line.
        (ii) A notice of exemption           $1,500.
         involving construction of a rail
         line under 49 CFR 1150.36.
        (iii) A petition for exemption       $60,80.0
         under 49 U.S.C. 10502 involving
         construction of a rail line.

[[Page 17337]]

 
        (iv) A request for determination of  $200.
         a dispute involving a rail
         construction that crosses the line
         of another carrier under 49 U.S.C.
         10902(d).
    (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    $5,100.
     or class III carrier to acquire an
     extended or additional rail line under
     49 U.S.C. 10902.
        (ii) Notice of exemption under 49    $1,500.
         CFR 1150.41--1150.45.
        (iii) Petition for exemption under   $5,400.
         49 U.S.C. 10502 relating to an
         exemption from the provisions of
         49 U.S.C. 10902.
    (15) A notice of a modified certificate  $1,400.
     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 authority    $18,100.
     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             $3,000.
         abandonment or discontinuance
         under 49 CFR 1152.50.
        (iii) A petition for exemption       $5,200.
         under 49 U.S.C. 10502.
    (22) An application for authority to     $350.
     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      $1,500.
     railroads.
    (24) A request for waiver of filing      $1,400.
     requirements for abandonment
     application proceedings.
    (25) An offer of financial assistance    $1,200.
     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          $18,400.
     conditions for the sale of or subsidy
     for a rail line proposed to be
     abandoned.
    (27) (i) A request for a trail use       $200.
     condition in an abandonment proceeding
     under 16 U.S.C. 1247(d).
    (ii) A request to extend the period to   $350.
     negotiate a trail use agreement.
    (28)-(35) [Reserved]
PART IV: Rail Applications to Enter Upon a
 Particular Financial Transaction or Joint
 Arrangement:
    (36) An application for use of terminal  $15,400.
     facilities or other applications under
     49 U.S.C. 11102.
    (37) An application for the pooling or   $8,300.
     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..............  $1,216,900.
        (ii) Significant transaction.......  $243,400.
        (iii) Minor transaction............  $6,300.
        (iv) Notice of an exempt             $1,400.
         transaction under 49 CFR 1180.2(d).
        (v) Responsive application.........  $6,300.
        (vi) Petition for exemption under    $7,600.
         49 U.S.C. 10502.
        (vii) A request for waiver or        $4,500.
         clarification of regulations filed
         in a major financial proceeding as
         defined at 49 CFR 1180.2(a).
    (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..............  $1,216,900.
        (ii) Significant transaction.......  $243,400.
        (iii) Minor transaction............  $6,300.
        (iv) A notice of an exempt           $1,100.
         transaction under 49 CFR 1180.2(d).
        (v) Responsive application.........  $6,300.
        (vi) Petition for exemption under    $7,600.
         49 U.S.C. 10502.
        (vii) A request for waiver or        $4,500.
         clarification of regulations filed
         in a major financial proceeding as
         defined at 49 CFR 118.02(a).
    (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..............  $1,216,900.
        (ii) Significant transaction.......  $243,400.
        (iii) Minor transaction............  $6,300.
        (iv) Notice of an exempt             $1,000.
         transaction under 49 CFR 118.02(d).
        (v) Responsive application.........  $6,300.
        (vi) Petition for exemption under    $7,600.
         49 U.S.C. 10502.
        (vii) A request for waiver or        $4,500.
         clarification of regulations filed
         in a major financial proceeding as
         defined at 49 CFR 118.02(a).
    (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..............  $1,216,900.
        (ii) Significant transaction.......  $243,400.
        (iii) Minor transaction............  $6,300.
        (iv) Notice of an exempt             $1,100.
         transaction under 49 CFR 118.02(d).
        (v) Responsive application.........  $6,300.
        (vi) Petition for exemption under    $5,400.
         49 U.S.C. 10502.
        (vii) A request for waiver or        $4,500.
         clarification of regulations filed
         in a major financial proceeding as
         defined at 49 CFR 118.02(a).

[[Page 17338]]

 
    (42) Notice of a joint project           $2,000.
     involving relocation of a rail line
     under 49 CFR 118.02(d)(5).
    (43) An application for approval of a    $56,900.
     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..........  $10,500.
        (ii) Minor amendment...............  $80.
    (45) An application for authority to     $600.
     hold a position as officer or director
     under 49 U.S.C. 11328.
    (46) A petition for exemption under 49   $6,500.
     U.S.C. 10502 (other than a rulemaking)
     filed by rail carrier not otherwise
     covered.
    (47) National Railroad Passenger         $200.
     Corporation (Amtrak) conveyance
     proceeding under 45 U.S.C. 562.
    (48) National Railroad Passenger         $200.
     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 under   $102,000.
         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) A formal complaint involving    $150.
         rail maximum rates filed under the
         small rate case procedures.
        (iii) All other formal complaints    $10,100.
         (except competitive access
         complaints).
        (iv) Competitive access complaints.  $150.
        (v) A request for an order           $200.
         compelling a rail carrier to
         establish a common carrier rate.
    (57) A complaint seeking or a petition   $7,200.
     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       $1,000.
         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          $5,700.
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).
    (60) Labor arbitration proceedings.....  $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          $300.
         Transportation Board decision on
         procedural matters except
         discovery rulings.
    (62) Motor carrier undercharge           $200.
     proceedings.
    (63) (i) Expedited relief for service    $200.
     inadequacies: A request for expedited
     relief under 49 U.S.C. 11123 and 49
     CFR part 1146 for service emergency.
        (ii) Expedited relief for service    $200.
         inadequacies: A request for
         temporary relief under 49 U.S.C.
         10705 and 11102, and 49 CFR part
         1147 for service inadequacies.
    (64) A request for waiver or             $450.
     clarification of regulations except
     one filed in an abandonment or
     discontinuance proceeding, or in a
     major financial proceeding as defined
     at 49 CFR 1180.2(a).
    (65)-(75) [Reserved]
PART VI: Informal Proceedings:
    (76) An application for authority to     $1,000.
     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          $100.
     permission for short notice or the
     waiver of other tariff publishing
     requirements.
    (78) The filing of tariffs, including    $1 per page.
     supplements, or contract summaries.
                                             ($20 minimum charge.)
    (79) Special docket applications from
     rail and water carriers:
        (i) Applications involving $25,000   $50.
         or less.
        (ii) Applications involving over     $100.
         $25,000.
    (80) Informal complaint about rail rate  $450.
     applications.
    (81) Tariff reconciliation petitions
     from motor common carriers:
        (i) Petitions involving $25,000 or   $50.
         less.
        (ii) Petitions involving over        $100.
         $25,000.
    (82) Request for a determination of the  $200.
     applicability or reasonableness of
     motor carrier rates under 49 U.S.C.
     13710(a)(2) and (3).
    (83) Filing of documents for             $33 per document.
     recordation. 49 U.S.C. 11301 and 49
     CFR 1177.3(c)..
    (84) Informal opinions about rate        $200.
     applications (all modes).
    (85) A railroad accounting               $900.
     interpretation.
    (86) (i) A request for an informal       $1,200.
     opinion not otherwise covered.
        (ii) A proposal to use on a voting   $4,100.
         trust 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      $400.
         opinion on a voting trust
         agreement pursuant to 49 CFR
         1013.3(a) not otherwise covered.
    (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), Unless      $75.
     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) Basic fee for STB adjudicatory      $200.
     services not otherwise covered.

[[Page 17339]]

 
    (89)-(95) [Reserved]
PART VII: Services:
    (96) Messenger delivery of decision to   $26 per delivery.
     a railroad carrier's Washington, DC
     agent.
    (97) Request for service or pleading     $19 per list.
     list for proceedings.
    (98) Processing the paperwork related
     to a request for the Carload Waybill
     Sample to be used in a Surface
     Transportation Board or State
     proceeding that:
        (i) Does not require a Federal
         Register notice:
        (a) Set cost portion...............  $100.
        (b) Sliding cost portion...........  $38 per party.
        (ii) Does require a Federal
         Register notice:.
        (a) Set cost portion...............  $350.
        (b) Sliding cost portion...........  $38 per party.
    (99) (i) Application fee for the         $150.
     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 Phase    $50.
         III software program and manual.
        (ii) Updated URCS PC version Phase   $25 per year.
         III cost file--per year.
        (iii) Public requests for Source     $100.
         Codes to the PC version URCS Phase
         III.
    (101) Carload Waybill Sample data on
     recordable compact disk (R-CD):
        (i) Requests for Public Use File on  $250 per year.
         R-CD--per year.
        (ii) Waybill--Surface                $500 per year.
         Transportation Board or State
         proceedings on R-CD--per year.
        (iii) User Guide for latest          $50.
         available Carload Waybill Sample.
        (iv) Specialized programming for     $90 per hour.
         Waybill requests to the Board.
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[FR Doc. 05-6817 Filed 4-5-05; 8:45 am]
BILLING CODE 4915-01-P