[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39788-39789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17020]



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DEPARTMENT OF TRANSPORTATION



Surface Transportation Board



49 CFR Part 1002



[Docket No. EP 542 (Sub-No. 18)]




Regulations Governing Fees for Services



AGENCY: Surface Transportation Board.



ACTION: Final rule.



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SUMMARY: The Board is amending the regulations governing user fees for 

services performed. The amendment sets the fee for certain formal 

complaints at $350.



DATES: Effective Date: This rule is effective on July 7, 2011.



ADDRESSES: Questions regarding this final rule should be in writing, 

addressed to: Chief, Section of Administration, Office of Proceedings, 

Surface Transportation Board, Attn: Docket No. EP 542 (Sub-No. 18), 395 

E Street, SW., Washington, DC 20423-0001.



FOR FURTHER INFORMATION CONTACT: Valerie Quinn at 202-245-0382. 

Assistance for the hearing impaired is available through the Federal 

Information Relay Service (FIRS) at 1-800-877-8339.



SUPPLEMENTARY INFORMATION: On February 15, 2011, the Board served a 

notice of proposed rulemaking (NPRM), in which it proposed amending the 

Board's regulations governing user fees for services performed, 49 CFR 

1002.2(f), Part V, by lowering the fee for sub-item 56(iv) [all other 

formal complaints except competitive access] from $20,600 to $350. 

Under the proposal, the fee for sub-items 56(i) [full Stand-Alone Cost 

rate complaints] and 56(ii) [Simplified-SAC rate complaints] would be 

set at $350, and the fee for sub-item 56(iii) [Three Benchmark rate 

complaints], the most likely path to rate relief for small shippers, 

would remain at $150.

    The Board sets user fees in accordance with the Independent Offices 

Appropriation Act of 1952 (IOAA). The IOAA directs agencies such as the 

Board to establish fees for specific services that it provides to 

identifiable recipients, so that the service provided may be ``self-

sustaining to the extent possible.'' 31 U.S.C. 9701(a). The fees must 

be ``fair'' and be based on a variety of factors, including (but not 

limited to) the costs to the agency of each covered service, public 

policy or interest served, and the value of the service to the entity 

receiving it. 31 U.S.C. 9701(b). The Board's fees transfer some of the 

cost of funding the agency from the general



[[Page 39789]]



taxpayer to the entity receiving the benefit of a particular Board 

action.\1\

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    \1\ The fees established by the Board for specific services 

offset the Board's appropriated funding, and do not directly add to 

it.

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    As stated in the NPRM, we believe three sound public policy 

considerations call for the Board to set relatively low fees for filing 

a complaint. Under the ICC Termination Act of 1995,\2\ Congress 

eliminated authority previously held by the Interstate Commerce 

Commission to initiate investigations of alleged illegal or 

unreasonable rates or practices. As a result, the filing of a complaint 

by shippers or other entities is often the Board's only mechanism for 

investigating and addressing potential rate violations or other 

unlawful practices.

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    \2\ Public Law 104-88, 109 Stat. 803 (1995).

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    Second, it is possible that the relatively high fees for filing 

formal complaints under item 56(iv)--currently $20,600--may be having a 

chilling effect on shippers and other entities seeking to bring a 

complaint to the Board. For example, over the past 10 years, our Rail 

Consumer and Public Assistance unit has assessed hundreds of informal 

complaints related to service and demurrage, and although many have 

been successfully resolved, several that were unresolved did not become 

the subjects of formal complaints. While we presume that some of these 

cases were not brought before the Board for reasons unrelated to fees, 

the proposed fee amendment would minimize any chilling effect of high 

fees, and encourage outside parties to bring allegations of regulatory 

violations before the Board for adjudication.

    Finally, the proposed amendment should result in better management 

of the Board's docket and use of Board resources. Maintaining 

comparatively low filing fees for petitions for declaratory orders, 

coupled with the high fee for complaints (other than rate or 

competitive access complaints) under fee item 56(iv), appears to have 

led parties to seek broad declarations by the Board rather than asking 

the Board to resolve individual complaints. In some cases, an 

individual complaint may have been preferable, and the Board's fee 

structure should not be the deciding factor in a party's decision of 

what type of case to bring.

    Comments in support of the proposed rules were filed individually 

by the U.S. Department of Agriculture, National Grain and Feed 

Association, the Fertilizer Institute, the National Industrial 

Transportation League, Consumers United For Rail Equity (CURE), and 

jointly by Western Coal Traffic League, American Public Power 

Association, and National Rural Electric Cooperative Association 

(collectively, Coal Shippers). CURE and Coal Shippers \3\ also filed 

replies in support of other parties' initial comments. No comments 

opposing any aspect of the proposed rules were filed. For the reasons 

set forth in this decision and in the NPRM, we will adopt the proposal 

in its entirety.

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    \3\ On reply, Coal Shippers included Edison Electric Institute.

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    This action will not significantly affect either the quality of the 

human environment or the conservation of energy resources.



List of Subjects in 49 CFR Part 1002



    Administrative practice and procedure, Common carriers, Freedom of 

information.



    Decided: July 1, 2011.



    By the Board, Chairman Elliott, Vice Chairman Begeman, and 

Commissioner Mulvey.

Jeffrey Herzig,

Clearance Clerk.



Code of Federal Regulations



    For reasons set forth in the preamble, the Surface Transportation 

Board amends title 49, chapter X, part 1002, of the Code of Federal 

Regulations 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). Section 1002.1(g)(11) also issued under 5 U.S.C. 5514 

and 31 U.S.C. 3717.





0

2. Revise Sec.  1002.2, paragraph (f)(56)(iv) to read as follows:





Sec.  1002.2  Filing fees.



* * * * *

    (f) * * *



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                     Type of proceeding                          Fee

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                                * * * * *

                       PART V: FORMAL PROCEEDINGS

 

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                                * * * * *

 (56) * * *................................................

   (iv) All other formal complaints (except competitive             $350

   access complaints)......................................

 

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[FR Doc. 2011-17020 Filed 7-6-11; 8:45 am]

BILLING CODE 4915-01-P