[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20607-20610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10304]



[[Page 20607]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub-No. 16)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2009 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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SUMMARY: The Board adopts its 2009 User-Fee Update and revises its fee 
schedule to reflect increased costs associated with the January 2009 
government salary increases, changes to the Board's overhead costs, and 
to also reflect changes in the government fringe benefits.

DATES: Effective Date: These rules are effective on June 4, 2009.

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 and 
changes in overhead costs, result from the mechanical application of 
the update formula in 49 CFR 1002.3(d). No new fees are 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) 
245B0245. [Assistance for the hearing impaired is available through 
Federal Information Relay Services (FIRS): (800) 877B8339.]

List of Subjects in 49 CFR Part 1002

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

    Decided: April 29, 2009. By the Board, Acting Chairman Mulvey 
and Vice Chairman Nottingham.
Jeffrey Herzig,
Clearance Clerk.

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) through (d); 
paragraph (f)(1); the table in paragraph (g)(6); and paragraph (g)(7) 
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 $40.00 per hour.
    (c) Service involved in checking records to be certified to 
determine authenticity, including clerical work, etc., identical 
thereto, at the rate of $27.00 per hour.
    (d) Photocopies of tariffs, reports, and other public documents, at 
the rate of $1.40 per letter or legal size exposure. A minimum charge 
of $7.00 will be made for this service.
* * * * *
    (f) * * *
    (1) A fee of $70.00 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.......................................................       $11.72
GS-2.......................................................        12.76
GS-3.......................................................        14.38
GS-4.......................................................        16.15
GS-5.......................................................        18.07
GS-6.......................................................        20.14
GS-7.......................................................        22.38
GS-8.......................................................        24.78
GS-9.......................................................        27.37
GS-10......................................................        30.15
GS-11......................................................        33.12
GS-12......................................................        39.70
GS-13......................................................        47.21
GS-14......................................................        55.78
GS-15 and over.............................................        65.62
------------------------------------------------------------------------

     (7) The fee for photocopies shall be $1.40 per letter or legal 
size exposure with a minimum charge of $7.00.

* * * * *

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
------------------------------------------------------------------------
PART I: Non-Rail Applications or
 Proceedings to Enter Upon a
 Particular Financial Transaction or
 Joint Arrangement:
    (1) An application for the         $4,500.
     pooling or division of traffic.
    (2) (i) An application involving   $2,000.
     the 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  $3,300.
         under 49 U.S.C. 13541 (other
         than a rulemaking) filed by
         a non-rail carrier not
         otherwise covered.
        (iii) A petition to revoke an  $2,700.
         exemption filed under 49
         U.S.C. 13541(d).
    (3) An application for approval    $28,100.
     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....  $4,700.
        (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].

[[Page 20608]]

 
PART II: Rail Licensing Proceedings
 Other Than Abandonment or
 Discontinuance Proceedings:
    (11) (i) An application for a      $7,400.
     certificate authorizing the
     extension, acquisition, or
     operation of lines of railroad.
     49 U.S.C. 10901.
        (ii) Notice of exemption       $1,800.
         under 49 CFR 1150.31-1150.35.
        (iii) Petition for exemption   $12,800.
         under 49 U.S.C. 10502.
    (12) (i) An application involving  $76,100.
     the construction of a rail line.
        (ii) A notice of exemption     $1,800.
         involving construction of a
         rail line under 49 CFR
         1150.36.
        (iii) A petition for           $76,100.
         exemption under 49 U.S.C.
         10502 involving construction
         of a rail line.
        (iv) A request for             $250.
         determination of 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       $6,300.
     class II or class III carrier to
     acquire an extended or
     additional rail line under 49
     U.S.C. 10902.
        (ii) Notice of exemption       $1,800.
         under 49 CFR 1150.41-1150.45.
        (iii) Petition for exemption   $6,700.
         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        $1,700.
     certificate of public
     convenience and necessity under
     49 CFR 1150.21-1150.24.
    (16) An application for a land-    $6,300.
     use-exemption permit for a
     facility existing as of October
     16, 2008 under 49 U.S.C. 10909.
    (17) An application for a land-    $22,200.
     use-exemption permit for a
     facility not existing as of
     October 16, 2008 under 49 U.S.C.
     10909.
     (18)-(20) [Reserved].
PART III: Rail Abandonment or
 Discontinuance of Transportation
 Services Proceedings:
    (21) (i) An application for        $22,600.
     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       $3,700.
         abandonment or
         discontinuance under 49 CFR
         1152.50.
        (iii) A petition for           $6,400.
         exemption under 49 U.S.C.
         10502.
    (22) An application for authority  $450.
     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         $1,900.
     bankrupt railroads.
    (24) A request for waiver of       $1,800.
     filing 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    $23,100.
     conditions for the sale of or
     subsidy for a rail line proposed
     to be abandoned.
    (27) (i) A request for a trail     $250.
     use condition in an abandonment
     proceeding under 16
     U.S.C.1247(d).
        (ii) A request to extend the   $450.
         period 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     $19,300.
     terminal facilities or other
     applications under 49 U.S.C.
     11102.
    (37) An application for the        $10,400.
     pooling 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........  $1,520,600.
        (ii) Significant transaction.  $304,100.
        (iii) Minor transaction......  $7,600.
        (iv) Notice of an exempt       $1,700.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application...  $7,600.
        (vi) Petition for exemption    $9,500.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or  $5,600.
         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........  $1,520,600.
        (ii) Significant transaction.  $304,100.
        (iii) Minor transaction......  $7,600.
        (iv) A notice of an exempt     $1,300.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application...  $7,600.
        (vi) Petition for exemption    $9,500.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or  $5,600.
         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........  $1,520,600.
        (ii) Significant transaction.  $304,100.
        (iii) Minor transaction......  $7,600.
        (iv) Notice of an exempt       $1,200.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application...  $7,600.
        (vi) Petition for exemption    $9,500.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or  $5,600.
         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:

[[Page 20609]]

 
        (i) Major transaction........  $1,520,600.
        (ii) Significant transaction.  $304,100.
        (iii) Minor transaction......  $7,600.
        (iv) Notice of an exempt       $1,400.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application...  $7,600.
        (vi) Petition for exemption    $6,700.
         under 49 U.S.C. 10502.
        (vii) A request for waiver or  $5,600.
         clarification of regulations
         filed in a major financial
         proceeding as defined at 49
         CFR 1180.2(a).
    (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   $71,200.
     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....  $13,200.
        (ii) Minor amendment.........  $100.
    (45) An application for authority  $800.
     to hold a position as officer or
     director under 49 U.S.C. 11328.
    (46) A petition for exemption      $8,100.
     under 49 U.S.C. 10502 (other
     than a rulemaking) filed by rail
     carrier not otherwise covered.
    (47) National Railroad Passenger   $250.
     Corporation (Amtrak) conveyance
     proceeding under 45 U.S.C. 562.
    (48) National Railroad Passenger   $250.
     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          $21,100.
         complaints (except
         competitive access
         complaints).
        (v) Competitive access         $150.
         complaints.
        (vi) A request for an order    $250.
         compelling a rail carrier to
         establish a common carrier
         rate.
    (57) A complaint seeking or a      $9,000.
     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    $7,100.
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).
    (60) Labor arbitration             $250.
     proceedings.
    (61) (i) An appeal of a Surface    $250.
     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     $250.
     proceedings.
    (63) (i) Expedited relief for      $250.
     service inadequacies: A request
     for expedited relief under 49
     U.S.C. 11123 and 49 CFR part
     1146 for service emergency.
        (ii) Expedited relief for      $250.
         service inadequacies: A
         request for temporary relief
         under 49 U.S.C. 10705 and
         11102, and 49 CFR part 1147
         for service inadequacy.
    (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  $1,200.
     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    $100.
     permission for short notice or
     the waiver of other tariff
     publishing requirements.
    (78) The filing of tariffs,        $1 per page.
     including supplements, or         ($25 minimum charge.)
     contract summaries.
     (79) Special docket applications
     from rail and water carriers:
        (i) Applications involving     $75.
         $25,000 or less.
        (ii) Applications involving    $150.
         over $25,000.
    (80) Informal complaint about      $600.
     rail rate applications.
     (81) Tariff reconciliation
     petitions from motor common
     carriers:
        (i) Petitions involving        $75.
         $25,000 or less.
        (ii) Petitions involving over  $150.
         $25,000.
    (82) Request for a determination   $250.
     of 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          $1,500.
     informal opinion not otherwise
     covered.
        (ii) A proposal to use on a    $5,200.
         voting 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         $500.
         informal 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:

[[Page 20610]]

 
        (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             $250.
     adjudicatory services not
     otherwise covered.
    (89)-(95) [Reserved].............
PART VII: Services:
    (96) Messenger delivery of         $32 per delivery.
     decision to a railroad carrier's
     Washington, DC, agent.
    (97) Request for service or        $24 per list.
     pleading 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.  $48 per party.
         (ii) Does require a Federal
         Register notice:
            (a) Set cost portion.....  $400.
            (b) Sliding cost portion.  $48 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    $250 per year.
         File for all years prior to
         the most current year
         Carload Waybill Sample data
         available, provided on CD-R.
        (ii) Specialized programming   $109 per hour.
         for Waybill requests to the
         Board.
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[FR Doc. E9-10304 Filed 5-4-09; 8:45 am]
BILLING CODE 4915-01-P