[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Rules and Regulations]
[Pages 34649-34653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13554]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub-No. 15)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2008 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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SUMMARY: The Board adopts its 2008 User Fee Update and revises its fee

[[Page 34650]]

schedule to reflect increased costs associated with the January 2008 
Government salary increases and the Board's overhead costs, and to 
reflect changes in Government fringe benefits.

DATES: Effective Date: These rules are effective on June 18, 2008.

FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245-0327, or 
Anne Quinlan, (202) 245-0309. [TDD for the hearing impaired: 1-800-877-
8339.]

SUPPLEMENTARY INFORMATION: The Board's regulations at 49 CFR 1002.3 
provide for annual updates of the Board's user fee schedule. Fees are 
revised based on the cost study formula set forth at 49 CFR 1002.3(d). 
The fee increases adopted here, which reflect increased costs, result 
from the mechanical application of the update formula in 49 CFR 
1002.3(d). 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) 
245-0245. [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, and Freedom 
of information.

    Decided: June 11, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting 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 (a) through (e); 
paragraph (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.

* * * * *
    (a) Certificate of the secretary, $17.00.
    (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 $38.00 per hour.
    (c) Service involved in checking records to be certified to 
determine authenticity, including clerical work, etc., identical 
thereto, at the rate of $26.00 per hour.
    (d) Photocopies of tariffs, reports, and other public documents, at 
the rate of $1.30 per letter or legal size exposure. A minimum charge 
of $6.50 will be made for this service.
    (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, Room 1200, Surface Transportation Board, Washington, DC 20423-
0001.
    (f) * * *
    (1) A fee of $66.00 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....................................................          $11.19
GS-2....................................................           12.18
GS-3....................................................           13.73
GS-4....................................................           15.41
GS-5....................................................           17.24
GS-6....................................................           19.22
GS-7....................................................           21.36
GS-8....................................................           23.65
GS-9....................................................           26.13
GS-10...................................................           28.77
GS-11...................................................           31.61
GS-12...................................................           37.89
GS-13...................................................           45.05
GS-14...................................................           53.24
GS-15 and over..........................................           62.62
------------------------------------------------------------------------

* * * * *

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


Sec.  1002.2  Filing fees.

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

------------------------------------------------------------------------
           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    $4,400.
     or division of traffic.
    (2)(i) An application involving the   $2,000.
     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   $3,200.
     49 U.S.C. 13541 (other than a
     rulemaking) filed by a non-rail
     carrier not otherwise covered.
    (iii) A petition to revoke an         $2,600.
     exemption filed under 49 U.S.C.
     13541(d).
    (3) An application for approval of a  $27,700.
     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.......  $4,600.
        (ii) Minor amendment............  $100.
    (5) An application for temporary      $500.
     authority to operate a motor
     carrier of passengers. 49 U.S.C.
     14303(i).
    (6) A notice of exemption for         $1,700.
     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          $7,300.
     certificate authorizing the
     extension, acquisition, or
     operation of lines of railroad. 49
     U.S.C. 10901.
    (ii) Notice of exemption under 49     $1,800.
     CFR 1150.31-1150.35.

[[Page 34651]]

 
    (iii) Petition for exemption under    $12,600.
     49 U.S.C. 10502.
    (12)(i) An application involving the  $74,900.
     construction of a rail line.
    (ii) A notice of exemption involving  $1,800.
     construction of a rail line under
     49 CFR 1150.36.
    (iii) A petition for exemption under  $74,900.
     49 U.S.C. 10502 involving
     construction of a rail line.
    (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        $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 class II  $6,200.
     or class III carrier to acquire an
     extended or additional rail line
     under 49 U.S.C. 10902.
    (ii) Notice of exemption under 49     $1,800.
     CFR 1150.41-1150.45.
    (iii) Petition for exemption under    $6,600.
     49 U.S.C. 10502 relating to an
     exemption from the provisions of 49
     U.S.C. 10902.
    (15) A notice of a modified           $1,700.
     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 authority  $22,200.
     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 abandonment  $3,700.
     or discontinuance under 49 CFR
     1152.50.
    (iii) A petition for exemption under  $6,300.
     49 U.S.C. 10502.
    (22) An application for authority to  $450.
     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   $1,900.
     railroads.
    (24) A request for waiver of filing   $1,800.
     requirements for abandonment
     application proceedings.
    (25) An offer of financial            $1,500.
     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       $22,700.
     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   $450.
     to 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        $19,000.
     terminal facilities or other
     applications under 49 U.S.C. 11102.
    (37) An application for the pooling   $10,200.
     or 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...........  $1,496,900.
        (ii) Significant transaction....  $299,400.
        (iii) Minor transaction.........  $7,500.
        (iv) Notice of an exempt          $1,700.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application......  $7,500.
        (vi) Petition for exemption       $9,400.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or     $5,500.
         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...........  $1,496,900.
        (ii) Significant transaction....  $299,400.
        (iii) Minor transaction.........  $7,500.
        (iv) A notice of an exempt        $1,300.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application......  $7,500.
        (vi) Petition for exemption       $9,400.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or     $5,500.
         clarification of regulations
         filed in a major financial
         proceeding as defined at 49 CFR
         1180.2(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...........  $1,496,900.
        (ii) Significant transaction....  $299,400.
        (iii) Minor transaction.........  $7,500.
        (iv) Notice of an exempt          $1,200.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application......  $7,500.
        (vi) Petition for exemption       $9,400.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or     $5,500.
         clarification of regulations
         filed in a major financial
         proceeding as defined at 49 CFR
         1180.2(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...........  $1,496,900.
        (ii) Significant transaction....  $299,400.
        (iii) Minor transaction.........  $7,500.
        (iv) Notice of an exempt          $1,400.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application......  $7,500.
        (vi) Petition for exemption       $6,600.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or     $5,500.
         clarification of regulations
         filed in a major financial
         proceeding as defined at 49 CFR
         1180.2(a).

[[Page 34652]]

 
    (42) Notice of a joint project        $2,400.
     involving relocation of a rail line
     under 49 CFR 1180.2(d)(5).
    (43) An application for approval of   $70,100.
     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.......  $13,000.
        (ii) Minor amendment............  $100.
    (45) An application for authority to  $750.
     hold a position as officer or
     director under 49 U.S.C. 11328.
    (46) A petition for exemption under   $8,000.
     49 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      $350.
         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) A formal complaint           $350.
         involving rail maximum rates
         filed under the Simplified-SAC
         methodology.
        (iii) A formal complaint          $150.
         involving rail maximum rates
         filed under the Three Benchmark
         methodology.
        (iv) All other formal complaints  $20,700.
         (except competitive access
         complaints).
        (v) Competitive access            $150.
         complaints.
        (vi) A request for an order       $200.
         compelling a rail carrier to
         establish a common carrier rate.
    (57) A complaint seeking or a         $8,900.
     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 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       $7,000.
     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           $350.
     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          $600.
     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  $1,200.
     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,           $1 per page. ($24 minimum
     including supplements, or contract    charge.)
     summaries.
    (79) Special docket applications
     from rail and water carriers:
        (i) Applications involving        $75.
         $25,000 or less.
        (ii) Applications involving over  $150.
         $25,000.
    (80) Informal complaint about rail    $600.
     rate applications.
    (81) Tariff reconciliation petitions
     from motor common carriers:
        (i) Petitions involving $25,000   $75.
         or less.
        (ii) Petitions involving over     $150.
         $25,000.
    (82) Request for a determination of   $200.
     the applicability or reasonableness
     of motor carrier rates under 49
     U.S.C. 13710(a)(2) and (3).
    (83) Filing of documents for          $41 per document.
     recordation. 49 U.S.C. 11301 and 49
     CFR 1177.3(c)..
    (84) Informal opinions about rate     $250.
     applications (all modes).
    (85) A railroad accounting            $1,100.
     interpretation.
    (86)(i) A request for an informal     $1,400.
     opinion not otherwise covered.
    (ii) A proposal to use on a voting    $5,700.
     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       $500.
     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),      $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) Basic fee for STB adjudicatory   $200.
     services not otherwise covered.
    (89)-(95) [Reserved]................
PART VII: Services:
    (96) Messenger delivery of decision   $32 per delivery.
     to a railroad carrier's Washington,
     DC, agent.

[[Page 34653]]

 
    (97) Request for service or pleading  $24 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........  $150.
            (b) Sliding cost portion....  $47 per party.
        (ii) Does require a Federal
         Register notice:
            (a) Set cost portion........  $400.
            (b) Sliding cost portion....  $47 per party.
    (99)(i) Application fee for the       $150.
     Surface Transportation Board's
     Practitioners' Exam.
        (ii) Practitioners' Exam          $25.
         Information Package.
    (100) Carload Waybill Sample data:
        (i) Requests for Public Use File  $250 per year.
         for all years prior to the most
         current year Carload Waybill
         Sample data available, provided
         on CD-R.
        (ii) Specialized programming for  $104 per hour.
         Waybill requests to the Board.
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[FR Doc. E8-13554 Filed 6-17-08; 8:45 am]
BILLING CODE 4915-01-P