[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Rules and Regulations]
[Pages 35906-35910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16280]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 25)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2017 Update

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: The Board updates for 2017 the fees that the public must pay 
to file certain cases and pleadings with the Board. Pursuant to this 
update, 83 of the Board's 133 fees will be increased, while 50 fees 
will be maintained at their current levels.

DATES: These rules are effective September 1, 2017.

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 entire user-fee schedule. 
Fees are generally revised based on the cost study formula set forth at 
49 CFR 1002.3(d), which looks to changes in salary costs, publication 
costs, and Board overhead cost factors. Applying that formula, 83 of 
the Board's 133 fees will be increased, while 50 will remain at their 
current levels.
    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.gov or call (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, 2017.
    By the Board, Board Members Begeman, Elliott, and Miller.
Marline Simeon,
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. 1321(a). Section 1002.1(g)(11) is also issued under 5 U.S.C. 
5514 and 31 U.S.C. 3717.


0
2. Section 1002.1 is amended by revising paragraphs (a) through (c), 
(f)(1), and (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, $19.00.
    (b) Services involved in examination of tariffs or schedules for 
preparation of certified copies of tariffs or schedules or extracts 
therefrom at the rate of $43.00 per hour.
    (c) Services involved in checking records to be certified to 
determine authenticity, including clerical work, etc. identical 
thereto, at the rate of $30.00 per hour.
* * * * *
    (f) * * *
    (1) A fee of $76.00 per hour for professional staff time will be 
charged when it is required to fulfill a request for ADP data.
* * * * *
    (g) * * *
    (6) The search and review hourly fees will be based upon employee 
grade levels in order to recoup the full, allowable direct costs 
attributable to their performance of these functions. They are as 
follows:

----------------------------------------------------------------------------------------------------------------
                   Grade                          Rate                      Grade                      Rate
----------------------------------------------------------------------------------------------------------------
GS-1.......................................          $12.78  GS-9...............................          $29.85
GS-2.......................................           13.92  GS-10..............................           32.88
GS-3.......................................           15.69  GS-11..............................           36.12
GS-4.......................................           17.61  GS-12..............................           43.29
GS-5.......................................           19.70  GS-13..............................           51.48
GS-6.......................................           21.96  GS-14..............................           60.83
GS-7.......................................           24.41  GS-15 and over.....................           71.56
GS-8.......................................           27.03  ...................................  ..............
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[[Page 35907]]

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0
3. In 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 Into a Particular
 Financial Transaction or Joint
 Arrangement:
    (1) An application for the pooling or   $5,100.
     division of traffic.
    (2) (i) An application involving the    $2,300.
     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       $3,600.
         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       $3,000.
         exemption filed under 49 U.S.C.
         13541(d).
    (3) An application for approval of a    $31,800.
     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.........  $5,200.
        (ii) Minor amendment..............  $100.
    (5) An application for temporary        $550.
     authority to operate a motor carrier
     of passengers. 49 U.S.C. 14303(i).
    (6) A notice of exemption for           $1,900.
     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           $8,300.
     certificate authorizing the
     extension, acquisition, or operation
     of lines of railroad. 49 U.S.C. 10901.
        (ii) Notice of exemption under 49   $2,000.
         CFR.
        1150.31-1150.35...................
        (iii) Petition for exemption under  $14,400.
         49 U.S.C. 10502.
    (12) (i) An application involving the   $85,900.
     construction of a rail line.
        (ii) A notice of exemption          $2,000.
         involving construction of a rail
         line under 49 CFR 1150.36.
        (iii) A petition for exemption      $85,900.
         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).
    (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   $7,100.
     or class III carrier to acquire an
     extended or additional rail line
     under 49 U.S.C. 10902.
        (ii) Notice of exemption under 49   $2,000.
         CFR 1150.41-1150.45.
        (iii) Petition for exemption under  $7,600.
         49 U.S.C. 10502 relating to an
         exemption from the provisions of
         49 U.S.C. 10902.
    (15) A notice of a modified             $1,900.
     certificate of public convenience and
     necessity under 49 CFR 1150.21-
     1150.24.
    (16) An application for a land-use-     $6,900.
     exemption permit for a facility
     existing as of October 16, 2008 under
     49 U.S.C. 10909.
    (17) An application for a land-use-     $24,300.
     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   $25,500.
     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            $4,100.
         abandonment or discontinuance
         under 49 CFR 1152.50.
        (iii) A petition for exemption      $7,200.
         under 49 U.S.C. 10502.
    (22) An application for authority to    $500.
     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     $2,100.
     railroads.
    (24) A request for waiver of filing     $2,000.
     requirements for abandonment
     application proceedings.
    (25) An offer of financial assistance   $1,800.
     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         $26,100.
     conditions for the sale of or subsidy
     for a rail line proposed to be
     abandoned.
    (27) (i) A request for a trail use      $300.
     condition in an abandonment
     proceeding under 16 U.S.C.1247(d).
        (ii) A request to extend the        $500.
         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          $21,800.
     terminal facilities or other
     applications under 49 U.S.C. 11102.
    (37) An application for the pooling or  $11,700.
     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.............  $1,716,200.
        (ii) Significant transaction......  $343,200.
        (iii) Minor transaction...........  $8,400.
        (iv) Notice of an exempt            $1,900.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application........  $8,400.
        (vi) Petition for exemption under   $10,700.
         49 U.S.C. 10502.
        (vii) A request for waiver or       $6,300.
         clarification of regulations
         filed in a major financial
         proceeding as defined at 49 CFR
         1180.2(a).

[[Page 35908]]

 
    (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.............  $1,716,200.
        (ii) Significant transaction......  $343,200.
        (iii) Minor transaction...........  $8,400.
        (iv) A notice of an exempt          $1,400.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application........  $8,400.
        (vi) Petition for exemption under   $10,700.
         49 U.S.C. 10502.
        (vii) A request for waiver or       $6,300.
         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.............  $1,716,200.
        (ii) Significant transaction......  $343,200.
        (iii) Minor transaction...........  $8,400.
        (iv) Notice of an exempt            $1,300.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application........  $8,400.
        (vi) Petition for exemption under   $10,700.
         49 U.S.C. 10502.
        (vii) A request for waiver or       $6,300.
         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.............  $1,716,200.
        (ii) Significant transaction......  $343,200.
        (iii) Minor transaction...........  $8,400.
        (iv) Notice of an exempt            $1,500.
         transaction under 49 CFR
         1180.2(d).
        (v) Responsive application........  $8,400.
        (vi) Petition for exemption under   $7,600.
         49 U.S.C. 10502.
        (vii) A request for waiver or       $6,300.
         clarification of regulations
         filed in a major financial
         proceeding as defined at 49 CFR
         1180.2(a).
    (42) Notice of a joint project          $2,700.
     involving relocation of a rail line
     under 49 CFR 1180.2(d)(5).
    (43) An application for approval of a   $80,300.
     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.........  $14,800.
        (ii) Minor amendment..............  $100.
    (45) An application for authority to    $900.
     hold a position as officer or
     director under 49 U.S.C. 11328.
    (46) A petition for exemption under 49  $9,200.
     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 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         $300.
         compelling a rail carrier to
         establish a common carrier rate.
    (57) A complaint seeking or a petition  $10,200.
     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         $8,000.
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).
    (60) Labor arbitration proceedings....  $300.
    (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         $400.
         Transportation Board decision on
         procedural matters except
         discovery rulings.
    (62) Motor carrier undercharge          $300.
     proceedings.
    (63) (i) Expedited relief for service   $300.
     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   $300.
         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            $650.
     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 authority to    $1,400.
     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         $150.
     permission for short notice or the
     waiver of other tariff publishing
     requirements.

[[Page 35909]]

 
    (78) The filing of tariffs, including   $1 per page.
     supplements, or contract summaries.    ($28 min. 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      $700.
     rate applications.
    (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            $47 per document.
     recordation. 49 U.S.C. 11301 and 49
     CFR 1177.3(c).
    (84) Informal opinions about rate       $300.
     applications (all modes).
    (85) A railroad accounting              $1,300.
     interpretation.
    (86) (i) A request for an informal      $1,700.
     opinion not otherwise covered.
        (ii) A proposal to use on a voting  $5,900.
         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     $600.
         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 adjudicatory     $300.
     services not otherwise covered.
    (89)-(95) [Reserved]
PART VII: Services:
    (96) Messenger delivery of decision to  $37 per delivery.
     a railroad carrier's Washington, DC,
     agent.
    (97) Request for service or pleading    $28 per list.
     list for proceedings.
    (98) Processing the paperwork related   ............................
     to a request for the Carload Waybill
     Sample to be used in an STB or State
     proceeding that:
        (i) Annual request does not         ............................
         require a Federal Register
         notice:
            (A) Set cost portion..........  $150.
            (B) Sliding cost portion......  $54 per party.
        (ii) Annual request does require a  ............................
         FR notice.
            (A) Set cost portion..........  $450.
            (B) Sliding cost portion......  $54 per party.
        (iii) Quarterly request does not    ............................
         require a FR notice:
            (A) Set cost portion..........  $46.
            (B) Sliding cost portion......  $13 per party.
        (iv) Quarterly request does         ............................
         require a FR notice:
            (A) Set cost portion..........  $230.
            (B) Sliding cost portion......  $13 per party.
        (v) Monthly request does not        ............................
         require a FR notice:
            (A) Set cost portion..........  $15.
            (B) Sliding cost portion......  $4 per party.
        (vi) Monthly request does require   ............................
         a FR notice:
            (A) Set cost portion..........  $180.
            (B) Sliding cost portion......  $4 per party.
    (99) (i) Application fee for the STB's  $200.
     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    $119 per hour.
         Waybill requests to the Board.
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[FR Doc. 2017-16280 Filed 8-1-17; 8:45 am]
 BILLING CODE 4915-01-P