[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53055-53058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20999]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 21)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2013 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rule.

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SUMMARY: The Board updates for 2013 the fees that the public must pay 
to file certain cases and pleadings with the Board. The update will 
increase 28 fees by $100 or less, increase 47 fees by more than $100, 
and keep the remaining 50 fees at their existing level.

DATES: These rules are effective September 27, 2013.

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 salary costs from the 2012 User Fee Update decision; no 
change in the publication cost levels of that decision; plus increase 
changes to two of the three Board overhead cost factors (the other 
overhead factor remains unchanged from its 2012 level), 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 2013 update decision either remain unchanged (50 fees) 
or increase (75 fees) from their respective 2012 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).
    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: August 22, 2013.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Derrick A. Gardner,
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. Amend Sec.  1002.1 by revising paragraphs (a) and (e) to read as 
follows:


Sec.  1002.1  Fees for record search, review, copying, certification, 
and related service.

* * * * *
    (a) Certificate of the Records Officer, $18.00.
* * * * *
    (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 can be obtained from the Board's Records 
Officer, Room 1200, Surface Transportation Board, Washington, DC 20423-
0001.
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0
3. In Sec.  1002.2, paragraph (f) is revised to read as follows:


Sec.  1002.2  Filing fees.

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

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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        $4,700.
     pooling or division of traffic.
    (2)(i) An application involving   $2,100.
     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           $3,400.
         exemption under 49 U.S.C.
         13541 (other than a
         rulemaking) filed by a non-
         rail carrier not otherwise
         covered.
        (iii) A petition to revoke    $2,800.
         an exemption filed under 49
         U.S.C. 13541(d).
    (3) An application for approval   $29,600.
     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...  $4,900.
        (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     $1,800.
     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      $7,800.
     certificate authorizing the
     extension, acquisition, or
     operation of lines of railroad.
     49 U.S.C. 10901.

[[Page 53056]]

 
        (ii) Notice of exemption      $1,900.
         under 49 CFR 1150.31-
         1150.35.
        (iii) Petition for exemption  $13,400.
         under 49 U.S.C. 10502.
    (12)(i) An application involving  $80,000.
     the construction of a rail line.
        (ii) A notice of exemption    $1,900.
         involving construction of a
         rail line under 49 CFR
         1150.36.
        (iii) A petition for          $80,000.
         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       $6,600.
     class II or class III carrier
     to acquire an extended or
     additional rail line under 49
     U.S.C. 10902.
        (ii) Notice of exemption      $1,900.
         under 49 CFR 1150.41-
         1150.45.
        (iii) Petition for exemption  $7,100.
         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       $1,800.
     certificate of public
     convenience and necessity under
     49 CFR 1150.21-1150.24.
    (16) An application for a land-   $6,400.
     use-exemption permit for a
     facility existing as of October
     16, 2008 under 49 U.S.C. 10909.
    (17) An application for a land-   $22,700.
     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        $23,700.
     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      $3,900.
         abandonment or
         discontinuance under 49 CFR
         1152.50.
        (iii) A petition for          $6,700.
         exemption under 49 U.S.C.
         10502.
    (22) An application for           $500.
     authority 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        $2,000.
     bankrupt railroads.
    (24) A request for waiver of      $1,900.
     filing requirements for
     abandonment application
     proceedings.
    (25) An offer of financial        $1,600.
     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   $24,300.
     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    $20,300.
     terminal facilities or other
     applications under 49 U.S.C.
     11102.
    (37) An application for the       $10,900.
     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.......  $1,599,600.
        (ii) Significant transaction  $319,900.
        (iii) Minor transaction.....  $7,900.
        (iv) Notice of an exempt      $1,800.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,900.
        (vi) Petition for exemption   $10,000.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,900.
         or 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.......  $1,599,600.
        (ii) Significant transaction  $319,900.
        (iii) Minor transaction.....  $7,900.
        (iv) A notice of an exempt    $1,400.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,900.
        (vi) Petition for exemption   $10,000.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,900.
         or 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.......  $1,599,600.
        (ii) Significant transaction  $319,900.
        (iii) Minor transaction.....  $7,900.
        (iv) Notice of an exempt      $1,200.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,900.
        (vi) Petition for exemption   $10,000.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,900.
         or 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.......  $1,599,600.
        (ii) Significant transaction  $319,900.
        (iii) Minor transaction.....  $7,900.

[[Page 53057]]

 
        (iv) Notice of an exempt      $1,400.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,900.
        (vi) Petition for exemption   $7,100.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,900.
         or clarification of
         regulations filed in a
         major financial proceeding
         as defined at 49 CFR
         1180.2(a).
    (42) Notice of a joint project    $2,500.
     involving relocation of a rail
     line under 49 CFR 1180.2(d)(5).
    (43) An application for approval  $74,900.
     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...  $13,800.
        (ii) Minor amendment........  $100.
    (45) An application for           $850.
     authority to hold a position as
     officer or director under 49
     U.S.C. 11328.
    (46) A petition for exemption     $8,500.
     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         $350.
         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     $9,500.
     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   $7,500.
     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   $400.
         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           $1,300.
     authority 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         ($26 min. 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     $650.
     rail rate applications.
    (81) Tariff reconciliation
     petitions from motor common
     carriers:
        (i) Petitions involving       $75.
         $25,000 or less.
        (ii) Petitions involving      $150.
         over $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      $44 per document.
     recordation. 49 U.S.C. 11301
     and 49 CFR 1177.3(c).
    (84) Informal opinions about      $250.
     rate applications (all modes).
    (85) A railroad accounting        $1,200.
     interpretation.
    (86)(i) A request for an          $1,600.
     informal opinion not otherwise
     covered.
        (ii) A proposal to use on a   $5,500.
         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        $550.
         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:
        (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.

[[Page 53058]]

 
        (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        $34 per delivery.
     decision to a railroad
     carrier's Washington, DC, agent.
    (97) Request for service or       $26 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  $50 per party.
        (ii) Does require a Federal
         Register notice:
            (a) Set cost portion....  $400.
            (b) Sliding cost portion  $50 per party.
    (99)(i) Application fee for the   $200.
     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  $112 per hour.
         for Waybill requests to the
         Board.
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[FR Doc. 2013-20999 Filed 8-27-13; 8:45 am]
BILLING CODE 4915-01-P