[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51922-51925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18245]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 30)]


Fees for Services Performed in Connection With Licensing and 
Related Services--2022 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Board updates for 2022 the fees that the public must pay 
to file certain cases and pleadings with the Board. Pursuant to this 
update, 84 of the Board's 135 fees will increase and 51 fees will 
remain at their current levels.

DATES: This final rule is effective September 23, 2022.

FOR FURTHER INFORMATION CONTACT: Laura Mizner, (202) 245-0318, or 
Andrea Pope-Matheson, (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(a) 
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, 84 of 
the Board's 135 fees will increase and 51 fees 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 website at 
www.stb.gov or call (202) 245-0245. Assistance for the hearing impaired 
is available through Federal Information Relay Service (FIRS): (800) 
877-8339.

List of Subjects in 49 CFR Part 1002

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

    Decided: August 18, 2022.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
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:

    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), (b), and (c) 
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 $49.00 per hour.
    (c) Services involved in checking records to be certified to 
determine authenticity, including clerical work, etc. incidental 
thereto, at a rate of $34.00 per hour.
* * * * *

0
3. Section 1002.2 is amended by revising paragraph (f) to read as 
follows:


Sec.  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 pooling or       $5,700.
 division of traffic.
(2)(i) An application involving the         $2,500.
 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 under 49  $4,000.
     U.S.C. 13541 (other than a
     rulemaking) filed by a non-rail
     carrier not otherwise covered.
    (iii) A petition to revoke an           $3,300.
     exemption filed under 49 U.S.C.
     13541(d).
(3) An application for approval of a non-   $35,500.
 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.............  $5,800.
    (ii) Minor amendment..................  $100.
(5) An application for temporary authority  $600.
 to operate a motor carrier of passengers.
 49 U.S.C. 14303(i).
(6) A notice of exemption for transaction   $2,100.
 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 certificate    $9,300.
 authorizing the extension, acquisition,
 or operation of lines of railroad. 49
 U.S.C. 10901.
    (ii) Notice of exemption under 49 CFR   $2,200.
     1150.31 through 1150.35.
    (iii) Petition for exemption under 49   $16,100.
     U.S.C. 10502.
(12)(i) An application involving the        $96,100.
 construction of a rail line.
    (ii) A notice of exemption involving    $2,200.
     construction of a rail line under 49
     CFR 1150.36.
    (iii) A petition for exemption under    $96,100.
     49 U.S.C. 10502 involving
     construction of a rail line.
    (iv) A request for determination of a   $350.
     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 or     $7,900.
 class III carrier to acquire an extended
 or additional rail line under 49 U.S.C.
 10902.
    (ii) Notice of exemption under 49 CFR   $2,200.
     1150.41 through 1150.45.
    (iii) Petition for exemption under 49   $8,400.
     U.S.C. 10502 relating to an exemption
     from the provisions of 49 U.S.C.
     10902.
(15) A notice of a modified certificate of  $2,100.
 public convenience and necessity under 49
 CFR 1150.21 through 1150.24.
(16) An application for a land-use-         $7,700.
 exemption permit for a facility existing
 as of October 16, 2008 under 49 U.S.C.
 10909.
(17) An application for a land-use-         $27,200.
 exemption permit for a facility not
 existing as of October 16, 2008 under 49
 U.S.C. 10909.

[[Page 51923]]

 
(18)-(20) [Reserved]
------------------------------------------------------------------------
 Part III: Rail Abandonment or Discontinuance of Transportation Services
                               Proceedings
------------------------------------------------------------------------
(21)(i) An application for authority to     $28,500.
 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 abandonment    $4,600.
     or discontinuance under 49 CFR
     1152.50.
    (iii) A petition for exemption under    $8,000.
     49 U.S.C. 10502.
(22) An application for authority to        $600.
 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         $2,400.
 railroads.
(24) A request for waiver of filing         $2,300.
 requirements for abandonment application
 proceedings.
(25) An offer of financial assistance       $2,000.
 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 conditions  $29,200.
 for the sale of or subsidy for a rail
 line proposed to be abandoned.
(27)(i) Request for a trail use condition   $350.
 in an 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     $24,300.
 facilities or other applications under 49
 U.S.C. 11102.
(37) An application for the pooling or      $13,100.
 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.................  $1,920,200.
    (ii) Significant transaction..........  $384,000.
    (iii) Minor transaction...............  $9,100.
    (iv) Notice of an exempt transaction    $2,100.
     under 49 CFR 1180.2(d).
    (v) Responsive application............  $9,100.
    (vi) Petition for exemption under 49    $12,000.
     U.S.C. 10502.
    (vii) A request for waiver or           $7,100.
     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.................  $1,920,200.
    (ii) Significant transaction..........  $384,000.
    (iii) Minor transaction...............  $9,100.
    (iv) A notice of an exempt transaction  $1,600.
     under 49 CFR 1180.2(d).
    (v) Responsive application............  $9,100.
    (vi) Petition for exemption under 49    $12,000.
     U.S.C. 10502.
    (vii) A request for waiver or           $7,100.
     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.................  $1,920,200.
    (ii) Significant transaction..........  $384,000.
    (iii) Minor transaction...............  $9,100.
    (iv) Notice of an exempt transaction    $1,400.
     under 49 CFR 1180.2(d).
    (v) Responsive application............  $9,100.
    (vi) Petition for exemption under 49    $12,000.
     U.S.C. 10502.
    (vii) A request for waiver or           $7,100.
     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.................  $1,920,200.
    (ii) Significant transaction..........  $384,000.
    (iii) Minor transaction...............  9,100.
    (iv) Notice of an exempt transaction    $1,700.
     under 49 CFR 1180.2(d).
    (v) Responsive application............  $9,100.
    (vi) Petition for exemption under 49    $8,400.
     U.S.C. 10502.
    (vii) A request for waiver or           $7,100.
     clarification of regulations filed in
     a major financial proceeding as
     defined at 49 CFR 1180.2(a).
(42) Notice of a joint project involving    $2,900.
 relocation of a rail line under 49 CFR
 1180.2(d)(5).
(43) An application for approval of a rail  $89,900.
 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.............  $16,600.
    (ii) Minor amendment..................  $100.
(45) An application for authority to hold   $1,000.
 a position as officer or director under
 49 U.S.C. 11328.
(46) A petition for exemption under 49      $10,200.
 U.S.C. 10502 (other than a rulemaking)
 filed by rail carrier not otherwise
 covered.
(47) National Railroad Passenger            $350.
 Corporation (Amtrak) conveyance
 proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger            $350.
 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:

[[Page 51924]]

 
    (i) A formal complaint filed under the  $350.
     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 rail  $350.
     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 compelling  $350.
     a rail carrier to establish a common
     carrier rate.
(57) A complaint seeking or a petition      $11,400.
 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 order    $1,000.
     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 antitrust   $9,000.
 immunity. 49 U.S.C. 10706(a)(5)(A).
(60) Labor arbitration proceedings........  $350.
(61)(i) An appeal of a Surface              $350.
 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             $450.
     Transportation 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  $750.
 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        $1,600.
 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 permission  $150.
 for short notice or the waiver of other
 tariff publishing requirements.
(78)(i) The filing of tariffs, including    $1 per page. ($30 min.
 supplements, or contract summaries.         charge.)
    (ii) The filing of water carrier        $30.
     annual certifications
(79) Special docket applications from rail
 and water carriers:
    (i) Applications involving $25,000 or   $75.
     less.
    (ii) Applications involving over        $200.
     $25,000.
(80) Informal complaint about rail rate     $750.
 applications.
(81) Tariff reconciliation petitions from
 motor common carriers:
    (i) Petitions involving $25,000 or      $75.
     less.
    (ii) Petitions involving over $25,000.  $200.
(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.   $50 per document.
 49 U.S.C. 11301 and 49 CFR 1177.3(c).
(84) Informal opinions about rate           $300.
 applications (all modes).
(85) A railroad accounting interpretation.  $1,400.
(86)(i) A request for an informal opinion   $1,900.
 not otherwise covered.
    (ii) A proposal to use on a voting      $6,600.
     trust agreement pursuant to 49 CFR
     part 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         $650.
     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), Unless     $75.
     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 Decisions    $150.
     or Petitions to Modify or Vacate an
     Arbitration Award.
(88) Basic fee for STB adjudicatory         $350.
 services not otherwise covered.
(89)-(95) [Reserved]
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                           PART VII: Services
------------------------------------------------------------------------
(96) Messenger delivery of decision to a    $40 per delivery.
 railroad carrier's Washington, DC agent.
(97) Request for service or pleading list   $30 per 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 (FR) notice:
        (A) Set cost portion..............  $200.
        (B) Sliding cost portion..........  $60 per party.
    (ii) Annual request does require a FR
     notice:

[[Page 51925]]

 
        (A) Set cost portion..............  $450.
        (B) Sliding cost portion..........  $60 per party.
    (iii) Quarterly request does not
     require a FR notice:
        (A) Set cost portion..............  $50.
        (B) Sliding cost portion..........  $15 per party.
    (iv) Quarterly request does require a
     FR notice:.
        (A) Set cost portion..............  $233.
        (B) Sliding cost portion..........  $15 per party.
    (v) Monthly request does not require a
     FR notice:
        (A) Set cost portion..............  $17.
        (B) Sliding cost portion..........  $5 per party.
    (vi) Monthly request does require a FR
     notice:
        (A) Set cost portion..............  $178.
        (B) Sliding cost portion..........  $5 per party.
(99)(i) Application fee for the STB's       $200.
 Practitioners' Exam
    (ii) Practitioners' Exam Information    $25.
     Package.
(100) Carload Waybill Sample data:
    (i) Requests for Public Use File for    $250 per year.
     all years prior to the most current
     year Carload Waybill Sample data
     available, provided on CD-R.
    (ii) Specialized programming for        $134 per hour.
     Waybill requests to the Board.
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[FR Doc. 2022-18245 Filed 8-23-22; 8:45 am]
BILLING CODE 4915-01-P