83 FR 38266 - Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2018 Update

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 151 (August 6, 2018)

The Board updates for 2018 the fees that the public must pay to file certain cases and pleadings with the Board.

[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38266-38269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16742]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 26)]


Regulations Governing Fees for Services Performed in Connection 
With Licensing and Related Services--2018 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Board updates for 2018 the fees that the public must pay 
to file certain cases and pleadings with the Board.

DATES: This rule is effective September 5, 2018.

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, 72 of 
the Board's 133 fees will be increased, two will be decreased, and 59 
will remain unchanged.
    Additional information is contained in the Board's decision. To 
obtain a free copy of the full decision, visit the Board's website 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 31, 2018.

    By the Board, Board Members Begeman 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), (a)(6)(B), 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, $20.00.
    (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 $45.00 per hour.
    (c) Services involved in checking records to be certified to 
determine authenticity, including clerical work, etc. identical 
thereto, at the rate of $31.00 per hour.
* * * * *
    (f) * * *
    (1) A fee of $78.00 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. A listing of the 
hourly fees by employee grade level is available on the Board's 
website, http://www.stb.gov.
* * * * *

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

[[Page 38267]]

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         $5,200.
     division of traffic.
    (2) (i) An application involving the          $2,400.
     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     $3,700.
        U.S.C. 13541 (other than a rulemaking)
        filed by a non-rail carrier not
        otherwise covered.
       (iii) A petition to revoke an exemption    $3,100.
        filed under 49 U.S.C. 13541(d).
    (3) An application for approval of a non-     $32,800.
     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...............  $5,400.
        (ii) Minor amendment....................  $100.
    (5) An application for temporary authority    $550.
     to operate a motor carrier of passengers.
     49 U.S.C. 14303(i).
    (6) A notice of exemption for transaction     $1,900.
     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     $8,600.
     authorizing the extension, acquisition, or
     operation of lines of railroad. 49 U.S.C.
     10901.
        (ii) Notice of exemption under 49 CFR     $2,000.
         1150.31-1150.35.
        (iii) Petition for exemption under 49     $14,900.
         U.S.C. 10502.
    (12) (i) An application involving the         $88,700.
     construction 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   $88,700.
         U.S.C. 10502 involving construction of
         a rail line.
        (iv) A request for determination of a     $300.
         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      $7,300.
     class III carrier to acquire an extended or
     additional rail line under 49 U.S.C. 10902.
        (ii) Notice of exemption under 49 CFR     $2,000.
         1150.41-1150.45.
        (iii) Petition for exemption under 49     $7,800.
         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    $1,900.
     public convenience and necessity under 49
     CFR 1150.21-1150.24.
    (16) An application for a land-use-exemption  $7,100.
     permit for a facility existing as of
     October 16, 2008 under 49 U.S.C. 10909.
    (17) An application for a land-use-exemption  $25,100.
     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      $26,300.
     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 or    $4,200.
        discontinuance under 49 CFR 1152.50.
       (iii) A petition for exemption under 49    $7,400.
        U.S.C. 10502.
    (22) An application for authority to abandon  $550.
     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           $2,200.
     railroads.
    (24) A request for waiver of filing           $2,100.
     requirements for abandonment application
     proceedings.
    (25) An offer of financial assistance under   $1,800.
     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    $26,900.
     for the sale of or subsidy for a rail line
     proposed to be abandoned.
    (27) (i) A request for a trail use condition  $300.
     in an abandonment proceeding under 16
     U.S.C. 1247(d).
       (ii) A request to extend the period to     $500.
        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       $22,500.
     facilities or other applications under 49
     U.S.C. 11102.
    (37) An application for the pooling or        $12,100.
     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...................  $1,773,200.
        (ii) Significant transaction............  $354,600.
        (iii) Minor transaction.................  $8,500.
        (iv) Notice of an exempt transaction      $1,900.
         under 49 CFR 1180.2(d).
        (v) Responsive application..............  $8,500.
        (vi) Petition for exemption under 49      $11,100.
         U.S.C. 10502.
        (vii) A request for waiver or             $6,500.
         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...................  $1,773,200.
        (ii) Significant transaction............  $354,600.
        (iii) Minor transaction.................  $8,500.

[[Page 38268]]

 
        (iv) A notice of an exempt transaction    $1,500.
         under 49 CFR 1180.2(d).
        (v) Responsive application..............  $8,500.
        (vi) Petition for exemption under 49      $11,100.
         U.S.C. 10502.
        (vii) A request for waiver or             $6,500.
         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...................  $1,773,200.
        (ii) Significant transaction............  $354,600.
        (iii) Minor transaction.................  $8,500.
        (iv) Notice of an exempt transaction      $1,300.
         under 49 CFR 1180.2(d).
        (v) Responsive application..............  $8,500.
        (vi) Petition for exemption under 49      $11,100.
         U.S.C. 10502.
        (vii) A request for waiver or             $6,500.
         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...................  $1,773,200.
        (ii) Significant transaction............  $354,600.
        (iii) Minor transaction.................  $8,500.
        (iv) Notice of an exempt transaction      $1,600.
         under 49 CFR 1180.2(d).
        (v) Responsive application..............  $8,500.
        (vi) Petition for exemption under 49      $7,800.
         U.S.C. 10502.
        (vii) A request for waiver or             $6,500.
         clarification of regulations filed in a
         major financial proceeding as defined
         at 49 CFR 1180.2(a).
    (42) Notice of a joint project involving      $2,700.
     relocation of a rail line under 49 CFR
     1180.2(d)(5).
    (43) An application for approval of a rail    $83,000.
     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...............  $15,300.
        (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        $9,500.
     U.S.C. 10502 (other than a rulemaking)
     filed by rail carrier not otherwise covered.
    (47) National Railroad Passenger Corporation  $300.
     (Amtrak) conveyance proceeding under 45
     U.S.C. 562.
    (48) National Railroad Passenger Corporation  $300.
     (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    $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 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  $300.
         rail carrier to establish a common
         carrier rate.
    (57) A complaint seeking or a petition        $10,500.
     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 order      $1,000.
         involving a dispute over an existing
         rate or practice which is comparable to
         a complaint proceeding.
        (ii) All other petitions for declaratory  $1,400.
         order.
    (59) An application for shipper antitrust     $8,300.
     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                $450.
        Transportation Board decision on
        procedural matters except discovery
        rulings.
    (62) Motor carrier undercharge proceedings..  $300.
    (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 clarification    $700.
     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 permission    $150.
     for short notice or the waiver of other
     tariff publishing requirements.
    (78) The filing of tariffs, including         $1 per page ($29 min.
     supplements, or contract summaries.           charge.)
    (79) Special docket applications from rail
     and water carriers:
        (i) Applications involving $25,000 or     $75.
         less.
        (ii) Applications involving over $25,000  $150.
    (80) Informal complaint about rail rate       $700.
     applications.

[[Page 38269]]

 
    (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       $250.
     applicability or reasonableness of motor
     carrier rates under 49 U.S.C. 13710(a)(2)
     and (3).
    (83) Filing of documents for recordation 49   $48 per document.
     U.S.C. 11301 and 49 CFR 1177.3(c).
    (84) Informal opinions about rate             $300.
     applications (all modes).
    (85) A railroad accounting interpretation...  $1,300.
    (86) (i) A request for an informal opinion    $1,700.
     not otherwise covered.
        (ii) A proposal to use on a voting trust  $6,100.
         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   $600.
         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), Unless       $75.
         Declining 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  $300.
     not otherwise covered.
    (89)-(95) [Reserved]........................
PART VII: Services:
    (96) Messenger delivery of decision to a      $38 per delivery.
     railroad carrier's Washington, DC, agent.
    (97) Request for service or pleading list     $29 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 notice:
            (A) Set cost portion................  $150.
            (B) Sliding cost portion............  $56 per party.
        (ii) Annual request does require a FR
         notice:
            (A) Set cost portion................  $450.
            (B) Sliding cost portion............  $56 per party.
        (iii) Quarterly request does not require  ......................
         a FR notice:
            (A) Set cost portion................  $48.
            (B) Sliding cost portion............  $14 per party.
        (iv) Quarterly request does require a FR
         notice:
            (A) Set cost portion................  $227.
            (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................  $176.
            (B) Sliding cost portion............  $4 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 all  $250 per year.
         years prior to the most current year
         Carload Waybill Sample data available,
         provided on CD-R.
        (ii) Specialized programming for Waybill  $122 per hour.
         requests to the Board.
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[FR Doc. 2018-16742 Filed 8-3-18; 8:45 am]
 BILLING CODE 4915-01-P