[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47099-47102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16831]
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SURFACE TRANSPORTATION BOARD
49 CFR Part 1002
[Docket No. EP 542 (Sub-No. 28)]
Regulations Governing Fees for Services Performed in Connection
With Licensing and Related Services--2020 Update
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) updates for 2020 the
fees that the public must pay to file certain cases and pleadings with
the Board. Pursuant to this update, 88 of the Board's 135 fees will be
increased and 47 fees will be maintained at their current levels.
DATES: This final rule is effective September 3, 2020.
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(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.
Pursuant to the Congressional Review Act, 5 U.S.C. 801-808, the
Office of Information and Regulatory Affairs has designated this rule
as non-major, as defined by 5 U.S.C. 804(2).
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, Freedom of
information.
Decided: July 28, 2020.
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:
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, $22.00.
(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 $47.00 per hour.
(c) Services involved in checking records to be certified to
determine authenticity, including clerical work, etc. incidental
thereto, at a rate of $32.00 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.
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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 $5,700.
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 $4,000.
49 U.S.C. 13541 (other than a
rulemaking) filed by a non-rail
carrier not otherwise covered.
(iii) A petition to revoke an $3,300.
exemption filed under 49 U.S.C.
13541(d).
(3) An application for approval of a $35,700.
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.......... $5,900.
(ii) Minor amendment............... $100.
(5) An application for temporary $650.
authority to operate a motor carrier
of passengers. 49 U.S.C. 14303(i).
(6) A notice of exemption for $2,100.
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 $9,300.
certificate authorizing the extension,
acquisition, or operation of lines of
railroad. 49 U.S.C. 10901.
(ii) Notice of exemption under 49 $2,200.
CFR 1150.31-1150.35.
(iii) Petition for exemption under $16,200.
49 U.S.C. 10502.
(12) (i) An application involving the $96,600.
construction of a rail line.
(ii) A notice of exemption $2,200.
involving construction of a rail
line under 49 CFR 1150.36.
[[Page 47100]]
(iii) A petition for exemption $96,600.
under 49 U.S.C. 10502 involving
construction of a rail line.
(iv) A request for determination of $350.
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 $7,900.
or class III carrier to acquire an
extended or additional rail line under
49 U.S.C. 10902.
(ii) Notice of exemption under 49 $2,200.
CFR 1150.41-1150.45.
(iii) Petition for exemption under $8,500.
49 U.S.C. 10502 relating to an
exemption from the provisions of
49 U.S.C. 10902.
(15) A notice of a modified certificate $2,100.
of public convenience and necessity
under 49 CFR 1150.21-1150.24.
(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- $27,300.
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 $28,600.
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 $4,600.
abandonment or discontinuance
under 49 CFR 1152.50.
(iii) A petition for exemption $8,100.
under 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 $29,300.
conditions for the sale of or subsidy
for a rail line proposed to be
abandoned.
(27) (i) Request for a trail use $350.
condition in an abandonment proceeding
under 16 U.S.C. 1247(d).
(ii) A request to extend the period $550.
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 terminal $24,500.
facilities or other applications under
49 U.S.C. 11102.
(37) An application for the pooling or $13,200.
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.............. $1,930,300.
(ii) Significant transaction....... $386,000.
(iii) Minor transaction............ $9,200.
(iv) Notice of an exempt $2,100.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $9,200.
(vi) Petition for exemption under $12,100.
49 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.............. $1,930,300.
(ii) Significant transaction....... $386,000.
(iii) Minor transaction............ $9,200.
(iv) A notice of an exempt $1,600.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $9,200.
(vi) Petition for exemption under $12,100.
49 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.............. $1,930,300.
(ii) Significant transaction....... $386,000.
(iii) Minor transaction............ $9,200.
(iv) Notice of an exempt $1,400.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $9,200.
(vi) Petition for exemption under $12,100.
49 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.............. $1,930,300.
(ii) Significant transaction....... $386,000.
(iii) Minor transaction............ $9,200.
[[Page 47101]]
(iv) Notice of an exempt $1,700.
transaction under 49 CFR 1180.2(d).
(v) Responsive application......... $9,200.
(vi) Petition for exemption under $8,500.
49 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 $3,000.
involving relocation of a rail line
under 49 CFR 1180.2(d)(5).
(43) An application for approval of a $90,400.
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.......... $16,700.
(ii) Minor amendment............... $100.
(45) An application for authority to $1,000.
hold a position as officer or director
under 49 U.S.C. 11328.
(46) A petition for exemption under 49 $10,300.
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:
(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 $350.
compelling a rail carrier to
establish a common carrier rate.
(57) A complaint seeking or a petition $11,500.
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 $9,000.
antitrust 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 $350.
proceedings.
(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 $750.
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 $1,600.
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 $150.
permission for short notice or the
waiver of other tariff publishing
requirements.
(78) (i) The filing of tariffs, $1 per page. ($32 min.
including supplements, or contract charge.)
summaries.
(ii) The filing of water carrier $32.
annual certifications.
(79) Special docket applications from
rail and water carriers:.
(i) Applications involving $25,000 $75.
or 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 $200.
$25,000.
(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 $53 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 $1,400.
interpretation.
(86) (i) A request for an informal $1,900.
opinion not otherwise covered.
(ii) A proposal to use on a voting $6,600.
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 $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 1108:.
[[Page 47102]]
(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 $150.
Decisions or Petitions to Modify
or Vacate an Arbitration Award.
(88) Basic fee for STB adjudicatory $350.
services not otherwise covered.
(89)-(95) [Reserved]...................
PART VII: Services:
(96) Messenger delivery of decision to $41 per delivery.
a railroad carrier's Washington, DC,
agent.
(97) Request for service or pleading $31 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 (FR) notice:
(A) Set cost portion................... $200.
(B) Sliding cost portion............... $61 per party.
(ii) Annual request does require a
FR notice:
(A) Set cost portion................... $450.
(B) Sliding cost portion............... $61 per party.
(iii) Quarterly request does not
require a FR notice:
(A) Set cost portion................... $52.
(B) Sliding cost portion............... $15 per party.
(iv) Quarterly request does require
a FR notice:
(A) Set cost portion................... $234.
(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 $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 $129 per hour.
Waybill requests to the Board.
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[FR Doc. 2020-16831 Filed 7-31-20; 4:15 pm]
BILLING CODE 4915-01-P