[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41137-41141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16467]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 22)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2014 Update

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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

SUMMARY: The Board updates for 2014 the fees that the public must pay 
to file certain cases and pleadings with the Board. The update will 
increase 13 fees by $50 or less, decrease 39 fees by $100 or less, 
decrease 27 fees by more than $100, and keep the remaining 46 fees at 
their existing level. The Board also clarifies its fee-rounding 
regulation to reflect existing policy.

DATES: These rules are effective August 13, 2014.

FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245-0327, or 
Andrea Pope-Matheson (202) 245-0363. [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 user-fee schedule. Fees are 
generally revised based on the cost study formula set forth at 49 CFR 
1002.3(d). As compared with the 2013 fee update, the 2014 fees reflect 
a combination of a 1% across-the-board increase in salary costs, no 
change in publication costs or fringe benefits, increases in two of the 
three applicable overhead cost factors, and a fairly significant 
decrease in the third overhead cost factor. As a result of the

[[Page 41138]]

Board's 2014 analysis, 66 fee items decrease from their 2013 levels, 46 
fee items remain unchanged, and 13 fee items increase. The Board also 
is clarifying its fee-rounding regulation at 49 CFR 1002.3(e) to add 
the words ``all'' and ``downward,'' to more accurately reflect the 
longstanding and consistently-applied policy established by published 
decision in 1984.
    The fee changes adopted here generally are a product of the 
mechanical application of the current update formula at 49 CFR 
1002.3(d), which was adopted through notice and comment procedures in 
Regulations Governing Fees for Services Performed in Connection With 
Licensing & Related Activities--1987 Update, 4 I.C.C. 2d 137 (1987), as 
well as existing Board policy regarding capped fees. Additionally, the 
Board's decision does not contain any new proposed fee items, and the 
amendment to the rounding regulation codifies a long-established and 
consistently applied formula adopted via published agency decision. 
Therefore, the Board finds that notice and comment are unnecessary to 
adopt these changes. See 5 U.S.C. 553(b).
    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 8, 2014.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
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. Section 1002.1 is amended by revising paragraphs (a) and (f)(1), and 
the table in paragraph (g)(6), to read as follows:


Sec.  1002.1  Fees for records search, review, copying, certification, 
and related services.

* * * * *
    (a) Certificate of the Records Officer, $17.00.
* * * * *
    (f) * * *
    (1) A fee of $72.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for ADP data.
* * * * *
    (g) * * *
    (6) * * *

----------------------------------------------------------------------------------------------------------------
                     Grade                           Rate                     Grade                    Rate
----------------------------------------------------------------------------------------------------------------
GS-1..........................................          $12.13  GS-9............................          $28.32
GS-2..........................................           13.20  GS-10...........................           31.18
GS-3..........................................           14.88  GS-11...........................           34.26
GS-4..........................................           16.70  GS-12...........................           41.07
GS-5..........................................           18.69  GS-13...........................           48.83
GS-6..........................................           20.83  GS-14...........................           57.70
GS-7..........................................           23.15  GS-15 and over..................           67.88
GS-8..........................................           25.64  ................................  ..............
----------------------------------------------------------------------------------------------------------------

* * * * *
0
3. In 1002.2, paragraph (f) is revised to read as follows:


1002.2   Filing fees.

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

------------------------------------------------------------------------
         Type of proceeding                           Fee
------------------------------------------------------------------------
PART I: Non-Rail Applications or
 Proceedings to Enter Into a
 Particular Financial Transaction or
 Joint Arrangement:
    (1) An application for the        $4,600.
     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 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     $2,800.
     exemption filed under 49 U.S.C.
     13541(d).
    (3) An application for approval   $29,000.
     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...  $4,800.
        (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     $7,600.
     certificate authorizing the
     extension, acquisition, or
     operation of lines of railroad.
     49 U.S.C. 10901.
    (ii) Notice of exemption under    $1,800.
     49 CFR 1150.31-1150.35.
    (iii) Petition for exemption      $13,200.
     under 49 U.S.C. 10502.
    (12) (i) An application           $78,400.
     involving 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 exemption    $78,400.
     under 49 U.S.C. 10502 involving
     construction of a rail line.
    (iv) A request for determination  $300.
     of a dispute involving a rail
     construction that crosses the
     line of another carrier under
     49 U.S.C. 10902(d).

[[Page 41139]]

 
    (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      $6,500.
     class II or class III carrier
     to acquire an extended or
     additional rail line under 49
     U.S.C. 10902.
    (ii) Notice of exemption under    $1,800.
     49 CFR 1150.41-1150.45.
    (iii) Petition for exemption      $6,900.
     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       $23,300.
     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          $3,800.
     abandonment or discontinuance
     under 49 CFR 1152.50.
    (iii) A petition for exemption    $6,600.
     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        $1,900.
     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   $23,800.
     conditions for the sale of or
     subsidy for a rail line
     proposed to be abandoned.
    (27) (i) A request for a trail    $300.
     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
 Into a Particular Financial
 Transaction or Joint Arrangement:
    (36) An application for use of    $19,900.
     terminal facilities or other
     applications under 49 U.S.C.
     11102.
    (37) An application for the       $10,700.
     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.......  $1,567,300.
        (ii) Significant transaction  $313,400.
        (iii) Minor transaction.....  $7,800.
        (iv) Notice of an exempt      $1,700.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,800.
        (vi) Petition for exemption   $9,800.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,800.
         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.......  $1,567,300.
        (ii) Significant transaction  $313,400.
        (iii) Minor transaction.....  $7,800.
        (iv) A notice of an exempt    $1,300.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,800.
        (vi) Petition for exemption   $9,800.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,800.
         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.......  $1,567,300.
        (ii) Significant transaction  $313,400.
        (iii) Minor transaction.....  $7,800.
        (iv) Notice of an exempt      $1,200.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,800.
        (vi) Petition for exemption   $9,800.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,800.
         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.......  $1,567,300.
        (ii) Significant transaction  $313,400.
        (iii) Minor transaction.....  $7,800.
        (iv) Notice of an exempt      $1,400.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application..  $7,800.
        (vi) Petition for exemption   $6,900.
         under 49 U.S.C. 10502.
        (vii) A request for waiver    $5,800.
         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  $73,400.
     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:

[[Page 41140]]

 
        (i) Significant amendment...  $13,600.
        (ii) Minor amendment........  $100.
    (45) An application for           $800.
     authority to hold a position as
     officer or director under 49
     U.S.C. 11328.
    (46) A petition for exemption     $8,400.
     under 49 U.S.C. 10502 (other
     than a rulemaking) filed by
     rail carrier not otherwise
     covered.
    (47) National Railroad Passenger  $300.
     Corporation (Amtrak) conveyance
     proceeding under 45 U.S.C. 562.
    (48) National Railroad Passenger  $300.
     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   $300.
         compelling a rail carrier
         to establish a common
         carrier rate.
    (57) A complaint seeking or a     $9,300.
     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   $7,400.
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).
    (60) Labor arbitration            $300.
     proceedings.
    (61) (i) An appeal of a Surface   $300.
     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    $300.
     proceedings.
    (63) (i) Expedited relief for     $300.
     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         $300.
     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     $600.
     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      $43 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         $1,500.
     informal opinion not otherwise
     covered.
    (ii) A proposal to use a voting   $5,300.
     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 informal   $550.
     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.
        (v) Appeals of Arbitration    $150.
         Decisions or Petitions to
         Modify or Vacate an
         Arbitration Award.
    (88) Basic fee for STB            $300.
     adjudicatory services not
     otherwise covered.
    (89)-(95) [Reserved]
PART VII: Services:
    (96) Messenger delivery of        $33 per delivery.
     decision to a railroad
     carrier's Washington, DC, agent.
    (97) Request for service or       $25 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:

[[Page 41141]]

 
        (i) Does not require a
         Federal Register notice:
            (a) Set cost portion....  $150.
            (b) Sliding cost portion  $49 per party.
        (ii) Does require a Federal
         Register notice:
            (a) Set cost portion....  $400.
            (b) Sliding cost portion  $49 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  $113 per hour.
         for Waybill requests to the
         Board.
------------------------------------------------------------------------

* * * * *

0
4. In 1002.3, paragraph (e) is revised to read as follows:


Sec.  1002.3  Updating user fees.

* * * * *
    (e) All updated fees shall be rounded downward in the following 
manner:
    (1) Fees between $1-$30 will be rounded to the nearest $1;
    (2) Fees between $30-$100 will be rounded to the nearest $10;
    (3) Fees between $100-$999 will be rounded to the nearest $50; and
    (4) Fees above $1,000 will be rounded to the nearest $100. (This 
rounding procedure excludes copying, printing and search fees.)

[FR Doc. 2014-16467 Filed 7-14-14; 8:45 am]
BILLING CODE 4915-01-P