[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Rules and Regulations]
[Pages 46628-46632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19416]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 19)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2011 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Board adopts its 2011 User-Fee Update and revises its fee 
schedule to reflect a combination of increased and decreased costs, 
resulting from a freeze on wage and salary increases in 2011, coupled 
with changes to the Board's overhead & publication costs.

DATES: Effective Date: These rules are effective on September 2, 2011.

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 update of the Board's entire User-Fee schedule. Fees 
are

[[Page 46629]]

generally revised based on the cost-study formula set forth at 49 CFR 
1002.3(d). The fee changes adopted here reflect a combination of the 
unchanged wage and salary costs from the 2010 User Fee Update decision 
plus changes to the various Board overhead and publication costs (one 
increased and three decreased from their comparable 2010 levels), 
resulting from the mechanical application of the update formula in 49 
CFR 1002.3(d). Results from the formula application indicate that 
justified fee amounts in this 2011 update decision either remain 
unchanged (113 fee or sub-fee items) or decreased (12 fee or sub-fee 
items) from their respective 2010 update levels. 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) 
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: July 27, 2011.
    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.

Code of Federal Regulations

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


Sec.  1002.2  Filing fees.

* * * * *
    (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 or division of        $4,400.
     traffic.
    (2)(i) An application involving the purchase, lease,     $2,000.
     consolidation, merger, or acquisition of control of a
     motor carrier of passengers under 49 U.S.C. 14303.
        (ii) A petition for exemption under 49 U.S.C. 13541  $3,200.
         (other than a rulemaking) filed by a non-rail
         carrier not otherwise covered.
        (iii) A petition to revoke an exemption filed under  $2,600.
         49 U.S.C. 13541(d).
    (3) An application for approval of a non-rail rate       $27,500.
     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 authority to operate a  $500.
     motor carrier of passengers. 49 U.S.C. 14303(i).
    (6) A notice of exemption for transaction within a       $1,700.
     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 certificate authorizing     $7,200.
     the extension, acquisition, or operation of lines of
     railroad. 49 U.S.C. 10901.
        (ii) Notice of exemption under 49 CFR 1150.31-       $1,800.
         1150.35.
        (iii) Petition for exemption under 49 U.S.C. 10502.  $12,500.
    (12)(i) An application involving the construction of a   $74,500.
     rail line.
        (ii) A notice of exemption involving construction    $1,800.
         of a rail line under 49 CFR 1150.36.
         (iii) A petition for exemption under 49 U.S.C.      $74,500.
         10502 involving construction of a rail line.
         (iv) A request for determination of a dispute       $250.
         involving a rail construction that crosses the
         line of another carrier under 49 U.S.C. 10902(d).
      (13) A Feeder Line Development Program application     $2,600.
       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 or class III        $6,200.
     carrier to acquire an extended or additional rail line
     under 49 U.S.C. 10902.
        (ii) Notice of exemption under 49 CFR 1150.41-       $1,800.
         1150.45.
        (iii) Petition for exemption under 49 U.S.C. 10502   $6,600.
         relating to an exemption from the provisions of 49
         U.S.C. 10902.
    (15) A notice of a modified certificate of public        $1,600.
     convenience and necessity under 49 CFR 1150.21-1150.24.
    (16) An application for a land-use-exemption permit for  $6,000.
     a facility existing as of October 16, 2008 under 49
     U.S.C. 10909.
    (17) An application for a land-use-exemption permit for  $21,100.
     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 authority to abandon all or   $22,100.
     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).

[[Page 46630]]

 
        (ii) Notice of an exempt abandonment or              $3,600.
         discontinuance under 49 CFR 1152.50.
        (iii) A petition for exemption under 49 U.S.C.       $6,300.
         10502.
    (22) An application for authority to abandon all or a    $450.
     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 railroads..........  $1,800.
    (24) A request for waiver of filing requirements for     $1,800.
     abandonment application proceedings.
    (25) An offer of financial assistance under 49 U.S.C.    $1,500.
     10904 relating to the purchase of or subsidy for a
     rail line proposed for abandonment.
    (26) A request to set terms and conditions for the sale  $22,600.
     of or subsidy for a rail line proposed to be abandoned.
    (27)(i) A request for a trail use condition in an        $250.
     abandonment proceeding under 16 U.S.C.1247(d).
        (ii) A request to extend the period to negotiate a   $450.
         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 facilities or    $18,900.
     other applications under 49 U.S.C. 11102.
    (37) An application for the pooling or division of       $10,200.
     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..............................  $1,488,500.
        (ii) Significant transaction.......................  $297,700.
        (iii) Minor transaction............................  $7,500.
        (iv) Notice of an exempt transaction under 49 CFR    $1,700.
         1180.2(d).
        (v) Responsive application.........................  $7,500.
        (vi) Petition for exemption under 49 U.S.C. 10502..  $9,300.
        (vii) A request for waiver or clarification of       $5,500.
         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..............................  $1,488,500.
        (ii) Significant transaction.......................  $297,700.
        (iii) Minor transaction............................  $7,500.
        (iv) A notice of an exempt transaction under 49 CFR  $1,300.
         1180.2(d).
        (v) Responsive application.........................  $7,500.
        (vi) Petition for exemption under 49 U.S.C. 10502..  $9,300.
        (vii) A request for waiver or clarification of       $5,500.
         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..............................  $1,488,500.
        (ii) Significant transaction.......................  $297,700.
        (iii) Minor transaction............................  $7,500.
        (iv) Notice of an exempt transaction under 49 CFR    $1,100.
         1180.2(d).
        (v) Responsive application.........................  $7,500.
        (vi) Petition for exemption under 49 U.S.C. 10502..  $9,300.
        (vii) A request for waiver or clarification of       $5,500.
         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..............................  $1,488,500.
        (ii) Significant transaction.......................  $297,700.
        (iii) Minor transaction............................  $7,500.
        (iv) Notice of an exempt transaction under 49 CFR    $1,400.
         1180.2(d).
        (v) Responsive application.........................  $7,500.
        (vi) Petition for exemption under 49 U.S.C. 10502..  $6,600.
        (vii) A request for waiver or clarification of       $5,500.
         regulations filed in a major financial proceeding
         as defined at 49 CFR 1180.2(a).
    (42) Notice of a joint project involving relocation of   $2,400.
     a rail line under 49 CFR 1180.2(d)(5).
    (43) An application for approval of a rail rate          $69,700.
     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..........................  $12,900.
        (ii) Minor amendment...............................  $100.
    (45) An application for authority to hold a position as  $750.
     officer or director under 49 U.S.C. 11328.
    (46) A petition for exemption under 49 U.S.C. 10502      $8,000.
     (other than a rulemaking) filed by rail carrier not
     otherwise covered.
    (47) National Railroad Passenger Corporation (Amtrak)    $250.
     conveyance proceeding under 45 U.S.C. 562.
    (48) National Railroad Passenger Corporation (Amtrak)    $250.
     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 the coal rate     $350.
         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 rail maximum       $350.
         rates filed under the Simplified-SAC methodology.
        (iii) A formal complaint involving rail maximum      $150.
         rates filed under the Three Benchmark methodology.

[[Page 46631]]

 
        (iv) All other formal complaints (except             $350.
         competitive access complaints).
        (v) Competitive access complaints..................  $150.
        (vi) A request for an order compelling a rail        $250.
         carrier to establish a common carrier rate.
    (57) A complaint seeking or a petition requesting        $8,800.
     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 order involving a     $1,000.
         dispute over an existing rate or practice which is
         comparable to a complaint proceeding.
        (ii) All other petitions for declaratory order.....  $1,400.
        (59) An application for shipper antitrust immunity.  $7,000.
         49 U.S.C. 10706(a)(5)(A).
    (60) Labor arbitration proceedings.....................  $250.
    (61)(i) An appeal of a Surface Transportation Board      $250.
     decision on the merits or petition to revoke an
     exemption pursuant to 49 U.S.C. 10502(d).
        (ii) An appeal of a Surface Transportation Board     $350.
         decision on procedural matters except discovery
         rulings.
    (62) Motor carrier undercharge proceedings.............  $250.
    (63)(i) Expedited relief for service inadequacies: A     $250.
     request for expedited relief under 49 U.S.C. 11123 and
     49 CFR part 1146 for service emergency.
        (ii) Expedited relief for service inadequacies: A    $250.
         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 clarification of            $550.
     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 establish released  $1,200.
     value rates or ratings for motor carriers and freight
     forwarders of household goods under 49 U.S.C. 14706.
    (77) An application for special permission for short     $100.
     notice or the waiver of other tariff publishing
     requirements.
    (78) The filing of tariffs, including supplements, or    $1 per page.
     contract summaries.                                     ($24 minimum charge).
    (79) Special docket applications from rail and water     ...................................................
     carriers:
        (i) Applications involving $25,000 or less.........  $75.
        (ii) Applications involving over $25,000...........  $150.
    (80) Informal complaint about rail rate applications...  $600.
    (81) Tariff reconciliation petitions from motor common   ...................................................
     carriers:
        (i) Petitions involving $25,000 or less............  $75.
        (ii) Petitions involving over $25,000..............  $150.
    (82) Request for a determination of the applicability    $200.
     or reasonableness of motor carrier rates under 49
     U.S.C. 13710(a)(2) and (3).
    (83) Filing of documents for recordation. 49 U.S.C.      $41 per document.
     11301 and 49 CFR 1177.3(c)..
    (84) Informal opinions about rate applications (all      $250.
     modes).
    (85) A railroad accounting interpretation..............  $1,100.
    (86)(i) A request for an informal opinion not otherwise  $1,400.
     covered.
        (ii) A proposal to use on a voting trust agreement   $5,100.
         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 on a voting  $500.
         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 Declining to     $75.
         Submit to Any Arbitration.
        (iii) Third Party Complaint........................  $75.
        (iv) Third Party Answer (per defendant), Unless      $75.
         Declining to Submit to Any Arbitration.
        (v) Appeals of Arbitration Decisions or Petitions    $150.
         to Modify or Vacate an Arbitration Award.
    (88) Basic fee for STB adjudicatory services not         $250.
     otherwise covered.
    (89)-(95) [Reserved]...................................
PART VII: Services:
    (96) Messenger delivery of decision to a railroad        $32 per delivery.
     carrier's Washington, DC agent.
    (97) Request for service or pleading list for            $24 per list.
     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 Surface Transportation   $150.
     Board's Practitioners' Exam.
        (ii) Practitioners' Exam Information Package.......  $25.
    (100) Carload Waybill Sample data:
        (i) Requests for Public Use File for all years       $250 per year.
         prior to the most current year Carload Waybill
         Sample data available, provided on CD-R.
        (ii) Specialized programming for Waybill requests    $112 per hour.
         to the Board.
----------------------------------------------------------------------------------------------------------------


[[Page 46632]]

* * * * *
[FR Doc. 2011-19416 Filed 8-2-11; 8:45 am]
BILLING CODE 4915-01-P