[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38579-38582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16738]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 27)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2019 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) updates for 2019 the 
fees that the public must pay to file certain cases and pleadings with 
the Board. Pursuant to this update, 93 of the Board's 135 fees will be 
increased and 42 fees will be maintained at their current levels.

DATES: This final rule is effective September 6, 2019.

FOR FURTHER INFORMATION CONTACT: David T. Groves at (202) 245-0327, or 
Andrea Pope-Matheson at (202) 245-0363. Assistance for the hearing 
impaired is available through the Federal Relay Service at (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. Additional information is 
contained in the Board's decision, available at www.stb.gov.

List of Subjects in 49 CFR Part 1002

    Administrative practice and procedure, Common carriers, and Freedom 
of information.

    Decided: July 31, 2019.

    By the Board, Board Members Begeman, Fuchs, and Oberman.
Aretha Laws-Byrum,
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:


[[Page 38580]]


    Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C. 
9701; and 49 U.S.C. 1321. Section 1002.1(f)(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) and (b) to read 
as follows:


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

* * * * *
    (a) Certificate of the Records Officer, $21.00.
    (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 $46.00 per hour.
* * * * *

0
3. Section 1002.2 is amended by revising paragraph (f) to read as 
follows:
* * * * *
    (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 division of   $5,500.
 traffic.
(2) (i) An application involving the purchase,      $2,500.
 lease, 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.   $3,900.
     13541 (other than a rulemaking) filed by a
     non-rail carrier not otherwise covered.
    (iii) A petition to revoke an exemption filed   $3,200.
     under 49 U.S.C. 13541(d).
(3) An application for approval of a non-rail rate  $34,300.
 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.....................  $5,600.
    (ii) Minor amendment..........................  $100.
(5) An application for temporary authority to       $600.
 operate a motor carrier of passengers. 49 U.S.C.
 14303(i).
(6) A notice of exemption for transaction within a  $2,000.
 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           $9,000.
 authorizing the extension, acquisition, or
 operation of lines of railroad. 49 U.S.C. 10901.
    (ii) Notice of exemption under 49 CFR 1150.31-  $2,100.
     1150.35.
    (iii) Petition for exemption under 49 U.S.C.    $15,600.
     10502.
(12) (i) An application involving the construction  $92,700.
 of a rail line.
    (ii) A notice of exemption involving            $2,000.
     construction of a rail line under 49 CFR
     1150.36.
    (iii) A petition for exemption under 49 U.S.C.  $92,700.
     10502 involving construction of a rail line.
    (iv) A request for determination of a dispute   $350.
     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  $7,600.
 carrier to acquire an extended or additional rail
 line under 49 U.S.C. 10902.
    (ii) Notice of exemption under 49 CFR 1150.41-  $2,100.
     1150.45.
    (iii) Petition for exemption under 49 U.S.C.    $8,100.
     10502 relating to an exemption from the
     provisions of 49 U.S.C. 10902.
(15) A notice of a modified certificate of public   $2,000.
 convenience and necessity under 49 CFR 1150.21-
 1150.24.
(16) An application for a land-use-exemption        $7,400.
 permit for a facility existing as of October 16,
 2008 under 49 U.S.C. 10909.
(17) An application for a land-use-exemption        $26,200.
 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 to abandon    $27,500.
 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 abandonment or         $4,400.
     discontinuance under 49 CFR 1152.50.
    (iii) A petition for exemption under 49 U.S.C.  $7,800.
     10502.
(22) An application for authority to abandon all    $550.
 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 railroads.....  $2,300.
(24) A request for waiver of filing requirements    $2,200.
 for abandonment application proceedings.
(25) An offer of financial assistance under 49      $1,900.
 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 conditions for the  $28,100.
 sale of or subsidy for a rail line proposed to be
 abandoned.
(27) (i) Request for a trail use condition in an    $350.
 abandonment proceeding under 16 U.S.C. 1247(d).
    (ii) A request to extend the period to          $550.
     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 terminal facilities  $23,500.
 or other applications under 49 U.S.C. 11102.
(37) An application for the pooling or division of  $12,600.
 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.........................  $1,852,800.
    (ii) Significant transaction..................  $370,500.
    (iii) Minor transaction.......................  $8,900.
    (iv) Notice of an exempt transaction under 49   $2,000.
     CFR 1180.2(d).
    (v) Responsive application....................  $8,900.

[[Page 38581]]

 
    (vi) Petition for exemption under 49 U.S.C.     $11,600.
     10502.
    (vii) A request for waiver or clarification of  $6,800.
     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.........................  $1,852,800.
    (ii) Significant transaction..................  $370,500.
    (iii) Minor transaction.......................  $8,900.
(iv) A notice of an exempt transaction under 49     $1,500.
 CFR 1180.2(d).
    (v) Responsive application....................  $8,900.
    (vi) Petition for exemption under 49 U.S.C.     $11,600.
     10502.
    (vii) A request for waiver or clarification of  $6,800.
     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.........................  $1,852,800.
    (ii) Significant transaction..................  $370,500.
    (iii) Minor transaction.......................  $8,900.
    (iv) Notice of an exempt transaction under 49   $1,400.
     CFR 1180.2(d).
    (v) Responsive application....................  $8,900.
    (vi) Petition for exemption under 49 U.S.C.     $11,600.
     10502.
    (vii) A request for waiver or clarification of  $6,800.
     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.........................  $1,852,800.
    (ii) Significant transaction..................  $370,500.
    (iii) Minor transaction.......................  $8,900.
    (iv) Notice of an exempt transaction under 49   $1,600.
     CFR 1180.2(d).
    (v) Responsive application....................  $8,900.
    (vi) Petition for exemption under 49 U.S.C.     $8,100.
     10502.
    (vii) A request for waiver or clarification of  $6,800.
     regulations filed in a major financial
     proceeding as defined at 49 CFR 1180.2(a).
(42) Notice of a joint project involving            $2,800.
 relocation of a rail line under 49 CFR
 1180.2(d)(5).
(43) An application for approval of a rail rate     $86,800.
 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.....................  $16,000.
    (ii) Minor amendment..........................  $100.
(45) An application for authority to hold a         $900.
 position as officer or director under 49 U.S.C.
 11328.
(46) A petition for exemption under 49 U.S.C.       $9,900.
 10502 (other than a rulemaking) filed by rail
 carrier not otherwise covered.
(47) National Railroad Passenger Corporation        $350.
 (Amtrak) conveyance proceeding under 45 U.S.C.
 562.
(48) National Railroad Passenger Corporation        $350.
 (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 the coal     $350.
     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 rail maximum  $350.
     rates filed under the Simplified-SAC
     methodology.
    (iii) A formal complaint involving rail         $150.
     maximum rates filed under the Three Benchmark
     methodology.
    (iv) All other formal complaints (except        $350.
     competitive access complaints).
    (v) Competitive access complaints.............  $150.
    (vi) A request for an order compelling a rail   $350.
     carrier to establish a common carrier rate.
(57) A complaint seeking or a petition requesting   $11,000.
 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  $1,000.
     a 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           $8,700.
 immunity. 49 U.S.C. 10706(a)(5)(A).
(60) Labor arbitration proceedings................  $350.
(61) (i) An appeal of a Surface Transportation      $350.
 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 Transportation      $450.
     Board decision on procedural matters except
     discovery rulings.
(62) Motor carrier undercharge proceedings........  $350.
(63) (i) Expedited relief for service               $350.
 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               $350.
     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 clarification of       $700.
 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]..............................  ....................

[[Page 38582]]

 
PART VI: Informal Proceedings:                      ....................
(76) An application for authority to establish      $1,500.
 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 permission for      $150.
 short notice or the waiver of other tariff
 publishing requirements.
(78) (i) The filing of tariffs, including           $1 per page. ($30
 supplements, or contract summaries.                 min. charge.)
    (ii) The filing of water carrier annual         $30.
     certifications.
(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             $750.
 applications.
(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             $300.
 applicability or reasonableness of motor carrier
 rates under 49 U.S.C. 13710(a)(2) and (3).
(83) Filing of documents for recordation. 49        $51 per document.
 U.S.C. 11301 and 49 CFR 1177.3(c).
(84) Informal opinions about rate applications      $300.
 (all modes).
(85) A railroad accounting interpretation.........  $1,400.
(86) (i) A request for an informal opinion not      $1,800.
 otherwise covered.
    (ii) A proposal to use on a voting trust        $6,300.
     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 opinion on a    $650.
     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), Unless Declining   $75.
     to Submit to Any Arbitration.
    (iii) Third Party Complaint...................  $75.
    (iv) Third Party Answer (per defendant),        $75.
     Unless Declining to Submit to Any Arbitration.
    (v) Appeals of Arbitration Decisions or         $150.
     Petitions to Modify or Vacate an Arbitration
     Award.
(88) Basic fee for STB adjudicatory services not    $350.
 otherwise covered.
(89)-(95) [Reserved]..............................  ....................
PART VII: Services:                                 ....................
(96) Messenger delivery of decision to a railroad   $40 per delivery.
 carrier's Washington, DC, agent.
(97) Request for service or pleading list for       $30 per list.
 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 (FR) notice:.
        (A) Set cost portion......................  $200.
        (B) Sliding cost portion..................  $58 per party.
    (ii) Annual request does require a FR notice:.  ....................
        (A) Set cost portion......................  $450.
        (B) Sliding cost portion..................  $58 per party.
    (iii) Quarterly request does not require a FR   ....................
     notice:.
        (A) Set cost portion......................  $50.
        (B) Sliding cost portion..................  $14 per party.
    (iv) Quarterly request does require a FR        ....................
     notice:.
        (A) Set cost portion......................  $231.
        (B) Sliding cost portion..................  $14 per party.
    (v) Monthly request does not require a FR       ....................
     notice:.
        (A) Set cost portion......................  $16.
        (B) Sliding cost portion..................  $4 per party.
    (vi) Monthly request does require a FR notice:  ....................
        (A) Set cost portion......................  $177.
        (B) Sliding cost portion..................  $4 per party.
(99) (i) Application fee for the STB's              $200.
 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        $125 per hour.
     requests to the Board.
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[FR Doc. 2019-16738 Filed 8-6-19; 8:45 am]
 BILLING CODE 4915-01-P