Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76171

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

IV. Regulatory Assessment

Requirements

This final rule extends the expiration

date of a time-limited tolerance under

FFDCA section 408. The Office of

Management and Budget (OMB) has

exempted these types of actions from

review under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993).

This final rule does not contain any

information collections subject to OMB

approval under the Paperwork

Reduction Act (PRA), 44 U.S.C. 3501 et

seq., or impose any enforceable duty or

contain any unfunded mandate as

described under Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Public Law 104–4). Nor does it require

any prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994); or require OMB review or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note). Since

tolerances and exemptions that are

established on the basis of a FIFRA

section 18 petition under FFDCA

section 408, such as the tolerance in this

final rule, do not require the issuance of

a proposed rule, the requirements of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.) do not apply. In

addition, the Agency has determined

that this action will not have a

substantial direct effect on States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

V. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 22, 2000.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180— [AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), (346a) and

371.

§ 180.516 [Amended]

2. In § 180.516, by amending the table

in paragraph (b), by revising the

expiration/revocation date for

Caneberries from ‘‘12/31/00’’ to read

‘‘12/31/01’’.

[FR Doc. 00–31054 Filed 12–5–00; 8:45 a.m.]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301079; FRL–6754–5]

RIN 2070–AB78

Avermectin; Extension of Tolerance for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends a

time-limited tolerance for the combined

residues of the insecticide and miticide

avermectin [a mixture of avermectins

containing greater than or equal to 80%

avermectin B1a (5-O-demethyl

avermectin A1) and less than or equal to

20% avermectin B1b (5-O-demethyl-25-

de(1-methylpropyl)-25-(1-methylethyl)

avermectin A1) and its delta-8,9-isomer]

in or on celeriac at 0.05 parts per

million (ppm) for an additional 2–year

period. This tolerance will expire and is

revoked on December 31, 2002. This

action is in response to EPA’s granting

of an emergency exemption under

section 18 of the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA)

authorizing use of the pesticide on

celeriac. Section 408(l)(6) of the Federal

Food, Drug, and Cosmetic Act (FFDCA)

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA.

DATES: This regulation is effective

December 6, 2000. Objections and

requests for hearings, identified by

docket control number OPP–301079,

must be received by EPA on or before

February 5, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301079 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Dan Rosenblatt, Registration

76172 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–9375; and e-mail

address: rosenblatt.dan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS

codes

Examples of Potentially Affected

Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically.You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301079. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2, 1921 Jefferson

Davis Hwy., Arlington, VA, from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

EPA issued a final rule, published in

the Federal Register of August 19, 1997

(62 FR 44089) (FRL–5737–1), which

announced that on its own initiative

under section 408 of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a, as amended by the Food

Quality Protection Act of 1996 (FQPA)

(Public Law 104–170) it established a

time-limited tolerance for the combined

residues of avermectin [and its delta8,9-isomer] in or on celeriac at 0.05

ppm, with an expiration date of July 31,

1998. EPA established the tolerance

because section 408(l)(6) of the FFDCA

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA received a request to extend the

use of avermectin on celeriac for this

year’s growing season due to the

continued pest pressure on this

commodity from the two-spotted spider

mite. After having reviewed the

submission, EPA concurs that

emergency conditions exist. EPA has

authorized under FIFRA section 18 the

use of avermectin on celeriac for control

of two-spotted spider mite in California.

EPA assessed the potential risks

presented by residues of the

avermectins in or on celeriac. In doing

so, EPA considered the safety standard

in FFDCA section 408(b)(2), and

decided that the necessary tolerance

under FFDCA section 408(l)(6) would be

consistent with the safety standard and

with FIFRA section 18. The data and

other relevant material have been

evaluated and discussed in the final rule

of August 19, 1997 (62 FR 44089). Based

on that data and information

considered, the Agency reaffirms that

extension of the time-limited tolerance

will continue to meet the requirements

of section 408(l)(6). Therefore, the timelimited tolerance is extended for an

additional 2–year period. EPA will

publish a document in the Federal

Register to remove the revoked

tolerance from the Code of Federal

Regulations (CFR). Although this

tolerance will expire and is revoked on

December 31, 2002, under FFDCA

section 408(l)(5), residues of the

pesticide not in excess of the amounts

specified in the tolerance remaining in

or on celeriac after that date will not be

unlawful, provided the pesticide is

applied in a manner that was lawful

under FIFRA and the application

occurred prior to the revocation of the

tolerance. EPA will take action to revoke

this tolerance earlier if any experience

with, scientific data on, or other

relevant information on this pesticide

indicate that the residues are not safe.

III. Objections and Hearing Requests

Under section 408(g) of the FFDCA, as

amended by the FQPA, any person may

file an objection to any aspect of this

regulation and may also request a

hearing on those objections. The EPA

procedural regulations which govern the

submission of objections and requests

for hearings appear in 40 CFR part 178.

Although the procedures in those

regulations require some modification to

reflect the amendments made to the

FFDCA by the FQPA of 1996, EPA will

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new section 408(g) provides

essentially the same process for persons

to ‘‘object’’ to a regulation for an

exemption from the requirement of a

tolerance issued by EPA under new

section 408(d), as was provided in the

old FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–301079 in the subject line

on the first page of your submission. All

requests must be in writing, and must be

mailed or delivered to the Hearing Clerk

on or before February 5, 2001.

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations 76173

1. Filing the request. Your objection

must specify the specific provisions in

the regulation that you object to, and the

grounds for the objections (40 CFR

178.25). If a hearing is requested, the

objections must include a statement of

the factual issues(s) on which a hearing

is requested, the requestor’s contentions

on such issues, and a summary of any

evidence relied upon by the objector (40

CFR 178.27). Information submitted in

connection with an objection or hearing

request may be claimed confidential by

marking any part or all of that

information as CBI. Information so

marked will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the

information that does not contain CBI

must be submitted for inclusion in the

public record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice.

Mail your written request to: Office of

the Hearing Clerk (1900), Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460. You

may also deliver your request to the

Office of the Hearing Clerk in Rm. C400,

Waterside Mall, 401 M St., SW.,

Washington, DC 20460. The Office of

the Hearing Clerk is open from 8 a.m.

to 4 p.m., Monday through Friday,

excluding legal holidays. The telephone

number for the Office of the Hearing

Clerk is (202) 260–4865.

2. Tolerance fee payment. If you file

an objection or request a hearing, you

must also pay the fee prescribed by 40

CFR 180.33(i) or request a waiver of that

fee pursuant to 40 CFR 180.33(m). You

must mail the fee to: EPA Headquarters

Accounting Operations Branch, Office

of Pesticide Programs, P.O. Box

360277M, Pittsburgh, PA 15251. Please

identify the fee submission by labeling

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee

requirement ‘‘when in the judgement of

the Administrator such a waiver or

refund is equitable and not contrary to

the purpose of this subsection.’’ For

additional information regarding the

waiver of these fees, you may contact

James Tompkins by phone at (703) 305–

5697, by e-mail at

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

If you would like to request a waiver

of the tolerance objection fees, you must

mail your request for such a waiver to:

James Hollins, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

3. Copies for the Docket. In addition

to filing an objection or hearing request

with the Hearing Clerk as described in

Unit III.A., you should also send a copy

of your request to the PIRIB for its

inclusion in the official record that is

described in Unit I.B.2. Mail your

copies, identified by docket control

number OPP–301079, to: Public

Information and Records Integrity

Branch, Information Resources and

Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460. In

person or by courier, bring a copy to the

location of the PIRIB described in Unit

I.B.2. You may also send an electronic

copy of your request via e-mail to: oppdocket@epa.gov. Please use an ASCII

file format and avoid the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 6.1/8.0 file

format or ASCII file format. Do not

include any CBI in your electronic copy.

You may also submit an electronic copy

of your request at many Federal

Depository Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

A request for a hearing will be granted

if the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

IV. Regulatory Assessment

Requirements

This final rule establishes a timelimited [tolerance] under FFDCA

section 408. The Office of Management

and Budget (OMB) has exempted these

types of actions from review under

Executive Order 12866, entitled

Regulatory Planning and Review (58 FR

51735, October 4, 1993). This final rule

does not contain any information

collections subject to OMB approval

under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq., or impose

any enforceable duty or contain any

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). Nor does it require any

prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994); or require OMB review or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note). Since

tolerances and exemptions that are

established on the basis of a FIFRA

section 18 petition under FFDCA

section 408, such as the [tolerance] in

this final rule, do not require the

issuance of a proposed rule, the

requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. In addition, the

Agency has determined that this action

will not have a substantial direct effect

on States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

V. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

76174 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Rules and Regulations

1 31 U.S.C. 9701 provides, in pertinent part:

(a) It is the sense of Congress that each service

or thing of value provided by an agency * * * to

a person (except a person on official business of the

United States Government) is to be self-sustaining

to the extent possible.

(b) The head of each agency * * * may prescribe

regulations establishing the charge for a service or

thing of value provided by the agency. Regulations

prescribed by the heads of executive agencies are

subject to the policies prescribed by the President

and shall be as uniform as practicable. Each charge

shall be—

(1) fair; and

(2) based on—

(A) the costs to the Government;

(B) the value of the service or thing to the

recipient;

(C) public policy or interest served; and

(D) other relevant facts.

2Circular No. A–25, revised in 1993, no longer

contains an exception from the policy of full cost

recovery for state and local governments.

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 20, 2000.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346a and 371.

§ 180.449 Avermectin B1 and its delta-8,9-

isomer; tolerances for residues.

2. In § 180.449, amend paragraph (b)

by revising the Expiration/revocation

date for ‘‘celeriac’’ from ‘‘1/31/00’’ to

read ‘‘12/31/02.’’

[FR Doc. 00–31055 Filed 12–5–00; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

[STB Ex Parte No. 542 (Sub–No. 6)]

Regulations Governing Fees for

Services Performed in Connection

With Licensing and Related Services—

Policy Statement

AGENCY: Surface Transportation Board.

ACTION: Policy Statement.

SUMMARY: The Surface Transportation

Board (Board) announces that

henceforth it will apply its rule

providing for a waiver of filing fees for

state and local government entities only

as originally intended. More

specifically, the fee waiver rule will

apply only to state and local

government entities and only when they

file on behalf of the general public. Any

state or local government entity filing as

an owner or proposed owner of a carrier

or as a shipper, as well as quasigovernmental corporations and

government-subsidized transportation

companies, will not qualify for the fee

waiver.

DATES: This policy statement is effective

January 5, 2001.

FOR FURTHER INFORMATION CONTACT:

Anne K. Quinlan, (202) 565–1727 [TDD/

TTY for the hearing impaired: 1–800–

877–8339].

SUPPLEMENTARY INFORMATION: Under the

Independent Offices Appropriations

Act, 31 U.S.C. 9701 (IOAA), agencies are

obliged to establish fees for specific

services provided to identifiable

beneficiaries.1 Office of Management

and Budget (OMB) Circular No. A–25

establishes a policy of full cost recovery

for government services and contains

guidelines for federal agencies to apply

in assessing and collecting those fees.

Pursuant to the IOAA and Circular

No. A–25, the Board’s predecessor, the

Interstate Commerce Commission (ICC),

undertook a thorough examination of

the fee policy in Regulations Governing

Fees for Services, 1 I.C.C.2d 60 (1984)

(Fees for Services). The ICC adopted

numerous new fee items and provided

for fee waivers in certain circumstances,

including a fee waiver for government

entities, 49 CFR 1002.2(e)(1). In so

doing, the ICC established strict

guidelines for applying the governmententity fee waiver—a policy that the

Board will henceforth follow more

strictly in applying the rule.

Rule 1002.2(e)(1) provides as follows:

(e) Waiver or reduction of filing fees. It is

the general policy of the Board not to waive

or reduce filing fees except as described

below:

(1) Filing fees are waived for an application

or other proceeding which is filed by a

federal government agency, or a state or local

government entity. For purposes of this

section the phrases ‘‘federal government

agency’’ or ‘‘government entity’’ do not

include a quasi-governmental corporation or

government subsidized transportation

company.

The fee waiver for federal government

agencies is based on the IOAA, which

excludes from its scope persons on

official business of the United States

Government. The fee waiver for state

and local government entities was based

on the provisions of former Circular No.

A–25 that allowed agencies to make

exceptions to the policy of full cost

recovery where the recipient of a service

was engaged in a non-profit activity

designed for the public safety, health, or

welfare, or if payment of the full fee by

a state, local government, or non-profit

group would not be in the interest of the

program.2

In the Fees for Services proceeding,

the ICC originally proposed to assess

50% of applicable fees to state or local

government entities. It ultimately

decided, however, to assess no fee to

state and local government entities. The

agency explained that state and local

government entities generally do not

receive direct benefits from

participation in agency proceedings and

that the benefits instead flow to the

general public residing in the area. Fees

for Services at 89. But the ICC limited

the circumstances under which the fee

waiver would apply, specifically

providing that the waiver should not

apply where a state agency owns a

carrier and is before the ICC in its

proprietary role. The ICC stated (id. at

71):

[W]e conclude here that when a

governmental agency owns or subsidizes

some transportation entity and comes before

the Commission in that capacity, it should be

required to pay the entire fee that would

otherwise be applicable. When a State-owned

transportation entity acts in the same

capacity as a privately owned transportation

entity, it should be treated as such. The

Interstate Commerce Act does not exempt

such transportation entities, and we do not

believe that those entities should be treated

differently from private transportation

entities for purposes of determining user fees.

The State-owned carrier in those situations

receives the ‘‘special benefits’’ envisioned

under the IOAA and Budget Circular A–25.

We recognize that there may be public

benefits associated with a State-owned entity.

However, those public benefits are

indistinguishable from the public benefits

that are incidental to the special benefits

conferred upon private carriers in a similar

posture. Therefore, we believe fees should be

charged to the state-owned entities.