[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44158-44161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17923]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 20)]


Fees for Services Performed in Connection With Licensing and 
Related Services--2012 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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SUMMARY: The Board adopts its 2012 user-fee update and revises its fee 
schedule to reflect some increases to its full cost calculations, the 
result of no wage & salary increases given in January 2012, no change 
to publication costs from their 2011 levels, coupled with both 
increases and decreases to the Board's three overhead cost factors.

DATES: This rule is effective August 26, 2012.

FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245-0327, or 
Barbara Saddler (202) 245-0362. [TDD for the hearing impaired: 1-800-
877-8339.]

SUPPLEMENTARY INFORMATION: The Board's regulations at 49 CFR 1002.3 
provide for an annual update of the Board's entire user-fee schedule. 
Fees are 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 2011 User Fee Update 
decision; no change in publication costs; plus changes to the three 
Board overhead cost factors (two increased & one decreased from their 
comparable 2011 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 2012 update 
decision either remain unchanged (61 fee or sub-fee items) or increase 
(64 fee or sub-fee items) from their respective 2011 update levels. No 
new fee items 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 17, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Jeffrey Herzig,
Clearance Clerk.

    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.

[[Page 44159]]



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             Type of proceeding                          Fee
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PART I: Non-Rail Applications or             ...........................
 Proceedings to Enter Upon a Particular
 Financial Transaction or Joint
 Arrangement:
     (1) An application for the pooling or   $4,500
     division of traffic.
     (2) (i) An application involving the    2,100
     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 of a    28,400
     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].
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 under 49   1,800
         CFR 115031-115035.
         (iii) Petition for exemption under  12,900
         49 U.S.C. 10502.
     (12) (i) An application involving the   76,700
     construction of a rail line.
         (ii) A notice of exemption          1,800
         involving construction of a rail
         line under 49 CFR 115036.
         (iii) A petition for exemption      76,700
         under 49 U.S.C. 10502 involving
         construction of a rail line.
         (iv) A request for determination    250
         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 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   6,300
     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 115041-115045.
         (iii) Petition for exemption under  6,800
         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 115021-115024.
     (16) An application for a land-use-     6,200
     exemption permit for a facility
     existing as of October 16, 2008 under
     49 U.S.C. 10909.
     (17) An application for a land-use-     21,700
     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 authority   22,800
     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 exemption      6,500
         under 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 assistance   1,600
     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         23,300
     conditions for the sale of or subsidy
     for a rail line proposed to be
     abandoned.
     (27) (i) A request for a trail use      250
     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          19,400
     terminal facilities or other
     applications under 49 U.S.C. 11102.
     (37) An application for the pooling or  10,500
     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.............  1,533,500
         (ii) Significant transaction......  306,700
         (iii) Minor transaction...........  7,600
         (iv) Notice of an exempt            1,700
         transaction under 49 CFR 11802(d).
         (v) Responsive application........  7,600
         (vi) Petition for exemption under   9,600
         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 11802(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.............  1,533,500
         (ii) Significant transaction......  306,700
         (iii) Minor transaction...........  7,600
         (iv) A notice of an exempt          1,300
         transaction under 49 CFR 11802(d).

[[Page 44160]]

 
         (v) Responsive application........  7,600
         (vi) Petition for exemption under   9,600
         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 11802(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.............  1,533,500
         (ii) Significant transaction......  306,700
         (iii) Minor transaction...........  7,600
         (iv) Notice of an exempt            1,200
         transaction under 49 CFR 11802(d).
         (v) Responsive application........  7,600
         (vi) Petition for exemption under   9,600
         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 11802(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.............  1,533,500
         (ii) Significant transaction......  306,700
         (iii) Minor transaction...........  7,600
         (iv) Notice of an exempt            1,400
         transaction under 49 CFR 11802(d).
        (v) Responsive application.........  7,600
         (vi) Petition for exemption under   6,800
         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 11802(a).
     (42) Notice of a joint project          2,400
     involving relocation of a rail line
     under 49 CFR 11802(d)(5).
     (43) An application for approval of a   71,800
     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.........  13,300
         (ii) Minor amendment..............  100
     (45) An application for authority to    800
     hold a position as officer or director
     under 49 U.S.C. 11328.
     (46) A petition for exemption under 49  8,200
     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 under  350
         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   350
         rail maximum rates filed under the
         Simplified-SAC methodology.
         (iii) A formal complaint involving  150
         rail maximum rates filed under the
         Three Benchmark methodology.
         (iv) All other formal complaints    350
         (except competitive access
         complaints).
         (v) Competitive access complaints.  150
         (vi) A request for an order         250
         compelling a rail carrier to
         establish a common carrier rate.
     (57) A complaint seeking or a petition  9,100
     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         7,200
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).
     (60) Labor arbitration proceedings....  250
     (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 service   250
     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   250
         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 11802(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, including   1 per page. (25 min.
     supplements, or contract summaries.      charge.)
     (79) Special docket applications from   ...........................
     rail and water carriers:
         (i) Applications involving $25,000  75
         or less.
         (ii) Applications involving over    150
         $25,000.
     (80) Informal complaint about rail      600
     rate applications.

[[Page 44161]]

 
     (81) Tariff reconciliation petitions    ...........................
     from motor common carriers:
         (i) Petitions involving $25,000 or  75
         less.
         (ii) Petitions involving over       150
         $25,000.
     (82) Request for a determination of     250
     the applicability or reasonableness of
     motor carrier rates under 49 U.S.C.
     13710(a)(2) and (3).
     (83) Filing of documents for            $42 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      1,500
     opinion not otherwise covered.
         (ii) A proposal to use on a voting  5,200
         trust agreement pursuant to 49 CFR
         part 1013 and 49 CFR
         11804(b)(4)(iv) in connection with
         a major control proceeding as
         defined at 49 CFR 11802(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 part 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     250
     services not otherwise covered.
     (89)-(95) [Reserved]                    ...........................
PART VII: Services:                          ...........................
     (96) Messenger delivery of decision to  33 per delivery.
     a railroad carrier's Washington, DC,
     agent.
     (97) Request for service or pleading    25 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......  $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 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    $112 per hour.
         Waybill requests to the Board.
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[FR Doc. 2012-17923 Filed 7-26-12; 8:45 am]
BILLING CODE 4915-01-P