[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59806-59809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18740]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 31)]


Fees for Services Performed in Connection With Licensing and 
Related Services--2023 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Board updates for 2023 the fees that the public must pay 
to file certain cases and pleadings with the Board. Pursuant to this 
update, 76 of the Board's 136 fees will increase, and 60 fees will 
remain at their current levels.

DATES: This final rule is effective September 29, 2023.

FOR FURTHER INFORMATION CONTACT: Laura Mizner, (202) 245-0318, or 
Andrea Pope-Matheson, (202) 245-0363. If you require an accommodation 
under the Americans with Disabilities Act, please call (202) 245-0245.

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, 76 of 
the Board's 136 fees will be increased and 60 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. If you require an accommodation 
under the Americans with Disabilities Act, please call (202) 245-0245.

List of Subjects in 49 CFR Part 1002

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

    Decided: August 24, 2023.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Regena Smith-Bernard,
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 $51.00 per hour.
    (c) Services involved in checking records to be certified to 
determine authenticity, including clerical work, etc. incidental 
thereto, at a rate of $35.00 per hour.
* * * * *

0
3. Section 1002.2 is amended by revising paragraph (f) to read as 
follows:
    (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   $5,800.
 division of traffic.

[[Page 59807]]

 
(2)(i) An application involving the     $2,600.
 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       $4,100.
     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       $3,400.
     exemption filed under 49 U.S.C.
     13541(d).
(3) An application for approval of a    $36,500.
 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.........  $6,000.
    (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            $9,500.
 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 through 1150.35.
    (iii) Petition for exemption under  $16,600.
     49 U.S.C. 10502.
(12)(i) An application involving the    $98,900.
 construction of a rail line.
    (ii) A notice of exemption          $2,200.
     involving construction of a rail
     line under 49 CFR 1150.36.
    (iii) A petition for exemption      $98,900.
     under 49 U.S.C. 10502 involving
     construction of a rail line.
    (iv) A request for determination    $350.
     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    $8,100.
 or class III carrier to acquire an
 extended or additional rail line
 under 49 U.S.C. 10902.
    (ii) Notice of exemption under 49   $2,200.
     CFR 1150.41 through 1150.45.
    (iii) Petition for exemption under  $8,700.
     49 U.S.C. 10502 relating to an
     exemption from the provisions of
     49 U.S.C. 10902.
(15) A notice of a modified             $2,100.
 certificate of public convenience and
 necessity under 49 CFR 1150.21
 through 1150.24.
(16) An application for a land-use-     $7,900.
 exemption permit for a facility
 existing as of October 16, 2008 under
 49 U.S.C. 10909.
(17) An application for a land-use-     $28,000.
 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    $29,300.
 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            $4,700.
     abandonment or discontinuance
     under 49 CFR 1152.50.
    (iii) A petition for exemption      $8,300.
     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     $2,500.
 railroads.
(24) A request for waiver of filing     $2,400.
 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         $30,000.
 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        $600.
     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          $25,000.
 terminal facilities or other
 applications under 49 U.S.C. 11102.
(37) An application for the pooling or  $13,500.
 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.............  $1,975,600.
    (ii) Significant transaction......  $395,100.
    (iii) Minor transaction...........  $9,400.
    (iv) Notice of an exempt            $2,100.
     transaction under 49 CFR
     1180.2(d).
    (v) Responsive application........  $9,400.
    (vi) Petition for exemption under   $12,300.
     49 U.S.C. 10502.
    (vii) A request for waiver or       $7,300.
     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.............  $1,975,600.
    (ii) Significant transaction......  $395,100.
    (iii) Minor transaction...........  $9,400.

[[Page 59808]]

 
    (iv) A notice of an exempt          $1,600.
     transaction under 49 CFR
     1180.2(d).
    (v) Responsive application........  $9,400.
    (vi) Petition for exemption under   $12,300.
     49 U.S.C. 10502.
    (vii) A request for waiver or       $7,300.
     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.............  $1,975,600.
    (ii) Significant transaction......  $395,100.
    (iii) Minor transaction...........  $9,400.
    (iv) Notice of an exempt            $1,500.
     transaction under 49 CFR
     1180.2(d).
    (v) Responsive application........  $9,400.
    (vi) Petition for exemption under   $12,300.
     49 U.S.C. 10502.
    (vii) A request for waiver or       $7,300.
     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.............  $1,975,600.
    (ii) Significant transaction......  $395,100.
    (iii) Minor transaction...........  9,400.
    (iv) Notice of an exempt            $1,700.
     transaction under 49 CFR
     1180.2(d).
    (v) Responsive application........  $9,400.
    (vi) Petition for exemption under   $8,700.
     49 U.S.C. 10502.
    (vii) A request for waiver or       $7,300.
     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   $92,500.
 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.........  $17,100.
    (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  $10,500.
 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) A formal complaint involving   $150.
     rail maximum rates filed under
     the Final Offer Rate Review
     procedure.
    (v) All other formal complaints     $350.
     (except competitive access
     complaints).
    (vi) Competitive access complaints  $150.
    (vii) A request for an order        $350.
     compelling a rail carrier to
     establish a common carrier rate.
(57) A complaint seeking or a petition  $11,700.
 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         $9,200.
 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         $500.
     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]..................
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                      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.

[[Page 59809]]

 
(78)(i) The filing of tariffs,          $1 per page ($32 min charge).
 including supplements, or contract
 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      $800.
 rate 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     $300.
 the applicability or reasonableness
 of motor carrier rates under 49
 U.S.C. 13710(a)(2) and (3).
(83) Filing of documents for            $54 per document.
 recordation. 49 U.S.C. 11301 and 49
 CFR 1177.3(c)..
(84) Informal opinions about rate       $350.
 applications (all modes).
(85) A railroad accounting              $1,500.
 interpretation.
(86)(i) A request for an informal       $1,900.
 opinion not otherwise covered.
    (ii) A proposal to use on a voting  $6,800.
     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),        $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     $350.
 services not otherwise covered.
(89)-(95) [Reserved]..................
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                           PART VII: Services
------------------------------------------------------------------------
(96) Messenger delivery of decision to  $42 per delivery.
 a railroad carrier's Washington, DC
 agent.
(97) Request for service or pleading    $32 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......  $62 per party.
    (ii) Annual request does require a
     FR notice:
        (A) Set cost portion..........  $450.
        (B) Sliding cost portion......  $62 per party.
    (iii) Quarterly request does not
     require a FR notice:
        (A) Set cost portion..........  $54.
        (B) Sliding cost portion......  $15 per party.
    (iv) Quarterly request does
     require a FR notice:
        (A) Set cost portion..........  $236.
        (B) Sliding cost portion......  $15 per party.
    (v) Monthly request does not
     require a FR notice:
        (A) Set cost portion..........  $18.
        (B) Sliding cost portion......  $5 per party.
    (vi) Monthly request does require
     a FR notice:
        (A) Set cost portion..........  $179.
        (B) Sliding cost portion......  $5 per party.
(99)(i) Application fee for the STB's   $250.
 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    $141 per hour.
     Waybill requests to the Board.
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* * * * *
[FR Doc. 2023-18740 Filed 8-29-23; 8:45 am]
BILLING CODE 4915-01-P