[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Rules and Regulations]
[Pages 44282-44285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17014]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1002

[Docket No. EP 542 (Sub-No. 29)]


Fees for Services Performed in Connection With Licensing and 
Related Services--2021 Update

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Board updates for 2021 the fees that the public must pay 
to file certain cases and pleadings with the Board. Pursuant to this 
update, 87 of the Board's 135 fees will decrease, 3 fees will increase, 
and 45 fees will remain at their current levels.

DATES: This final rule is effective September 11, 2021.

FOR FURTHER INFORMATION CONTACT: Laura Mizner, (202) 245-0318, 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(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, 87 of 
the Board's 135 fees will decrease, 3 will increase, and 45 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 Relay Service: (800) 877-8339.]

List of Subjects in 49 CFR Part 1002

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

    Decided: August 4, 2021.

    By the Board, Board Members Begeman, Fuchs, Oberman, Primus, and 
Schultz.
Kenyatta Clay,
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, $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 $48.00 per hour.
    (c) Services involved in checking records to be certified to 
determine authenticity, including clerical work, etc. incidental 
thereto, at a rate of $33.00 per hour.
* * * * *

0
3. In Sec.  1002.2, revise paragraph (f) to read as follows:
* * * * *
    (f) Schedule of filing fees.

[[Page 44283]]



------------------------------------------------------------------------
         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                                   $5,400.
     pooling or division of traffic.
    (2)(i) An application involving                              $2,400.
     the purchase, lease,
     consolidation, merger, or
     acquisition of control of a
     motor carrier of passengers
     under 49 U.S.C. 14303..........
        (ii) A petition for                                      $3,800.
         exemption under 49 U.S.C.
         13541 (other than a
         rulemaking) filed by a non-
         rail carrier not otherwise
         covered....................
        (iii) A petition to revoke                               $3,200.
         an exemption filed under 49
         U.S.C. 13541(d)............
    (3) An application for approval                             $33,900.
     of a 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...                             $5,600.
        (ii) Minor amendment........                               $100.
    (5) An application for temporary                               $600.
     authority to operate a motor
     carrier of passengers. 49
     U.S.C. 14303(i)................
    (6) A notice of exemption for                                $2,000.
     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                                 $8,900.
     certificate authorizing the
     extension, acquisition, or
     operation of lines of railroad.
     49 U.S.C. 10901................
        (ii) Notice of exemption                                 $2,100.
         under 49 CFR 1150.31-
         1150.35....................
        (iii) Petition for exemption                            $15,400.
         under 49 U.S.C. 10502......
    (12)(i) An application involving                            $91,600.
     the construction of a rail line
        (ii) A notice of exemption                               $2,100.
         involving construction of a
         rail line under 49 CFR
         1150.36....................
        (iii) A petition for                                    $91,600.
         exemption under 49 U.S.C.
         10502 involving
         construction of a rail line
        (iv) A request for                                         $350.
         determination 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                               $2,600.
     Program application filed under
     49 U.S.C. 10907(b)(1)(A)(i) or
     10907(b)(1)(A)(ii).............
    (14)(i) An application of a                                  $7,500.
     class II or class III carrier
     to acquire an extended or
     additional rail line under 49
     U.S.C. 10902...................
        (ii) Notice of exemption                                 $2,100.
         under 49 CFR 1150.41-
         1150.45....................
        (iii) Petition for exemption                             $8,100.
         under 49 U.S.C. 10502
         relating to an exemption
         from the provisions of 49
         U.S.C. 10902...............
    (15) A notice of a modified                                  $2,000.
     certificate of public
     convenience and necessity under
     49 CFR 1150.21-1150.24.........
    (16) An application for a land-                              $7,300.
     use-exemption permit for a
     facility existing as of October
     16, 2008 under 49 U.S.C. 10909.
    (17) An application for a land-                             $25,900.
     use-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                                  $27,200.
     authority 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                                 $4,400.
         abandonment or
         discontinuance under 49 CFR
         1152.50....................
        (iii) A petition for                                     $7,700.
         exemption under 49 U.S.C.
         10502......................
    (22) An application for                                        $550.
     authority to 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                                   $2,300.
     bankrupt railroads.............
    (24) A request for waiver of                                 $2,200.
     filing requirements for
     abandonment application
     proceedings....................
    (25) An offer of financial                                   $1,900.
     assistance 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                             $27,800.
     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                               $550.
         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                              $23,200.
     terminal facilities or other
     applications under 49 U.S.C.
     11102..........................
    (37) An application for the                                 $12,500.
     pooling or 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.......                         $1,831,500.
        (ii) Significant transaction                           $366,300.
        (iii) Minor transaction.....                             $8,800.
        (iv) Notice of an exempt                                 $2,000.
         transaction under 49 CFR
         1180.2(d)..................
        (v) Responsive application..                             $8,800.
        (vi) Petition for exemption                             $11,400.
         under 49 U.S.C. 10502......
        (vii) A request for waiver                               $6,800.
         or clarification of
         regulations filed in a
         major financial proceeding
         as defined at 49 CFR
         1180.2(a)..................

[[Page 44284]]

 
    (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.......                         $1,831,500.
        (ii) Significant transaction                           $366,300.
        (iii) Minor transaction.....                             $8,800.
        (iv) A notice of an exempt                               $1,500.
         transaction under 49 CFR
         1180.2(d)..................
        (v) Responsive application..                             $8,800.
        (vi) Petition for exemption                             $11,400.
         under 49 U.S.C. 10502......
        (vii) A request for waiver                               $6,800.
         or 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.......                         $1,831,500.
        (ii) Significant transaction                           $366,300.
        (iii) Minor transaction.....                             $8,800.
        (iv) Notice of an exempt                                 $1,400.
         transaction under 49 CFR
         1180.2(d)..................
        (v) Responsive application..                             $8,800.
        (vi) Petition for exemption                             $11,400.
         under 49 U.S.C. 10502......
        (vii) A request for waiver                               $6,800.
         or 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.......                         $1,831,500.
        (ii) Significant transaction                           $366,300.
        (iii) Minor transaction.....                             $8,800.
        (iv) Notice of an exempt                                 $1,600.
         transaction under 49 CFR
         1180.2(d)..................
        (v) Responsive application..                             $8,800.
        (vi) Petition for exemption                              $8,100.
         under 49 U.S.C. 10502......
        (vii) A request for waiver                               $6,800.
         or clarification of
         regulations filed in a
         major financial proceeding
         as defined at 49 CFR
         1180.2(a)..................
    (42) Notice of a joint project                               $2,800.
     involving relocation of a rail
     line under 49 CFR 1180.2(d)(5).
    (43) An application for approval                            $85,800.
     of a 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...                            $15,800.
        (ii) Minor amendment........                               $100.
    (45) An application for                                        $950.
     authority to hold a position as
     officer or director under 49
     U.S.C. 11328...................
    (46) A petition for exemption                                $9,800.
     under 49 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                               $350.
         under 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                                    $350.
         involving rail maximum
         rates filed under the
         Simplified-SAC methodology.
        (iii) A formal complaint                                   $150.
         involving rail maximum
         rates filed under the Three
         Benchmark methodology......
        (iv) All other formal                                      $350.
         complaints (except
         competitive access
         complaints)................
        (v) Competitive access                                     $150.
         complaints.................
        (vi) A request for an order                                $350.
         compelling a rail carrier
         to establish a common
         carrier rate...............
    (57) A complaint seeking or a                               $10,900.
     petition 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                                       $1,000.
         declaratory 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                              $8,600.
     antitrust immunity. 49 U.S.C.
     10706(a)(5)(A).................
    (60) Labor arbitration                                         $350.
     proceedings....................
    (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                                   $350.
     service inadequacies: A request
     for expedited relief under 49
     U.S.C. 11123 and 49 CFR part
     1146 for service emergency.....
        (ii) Expedited relief for                                  $350.
         service 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                                   $700.
     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:

[[Page 44285]]

 
    (76) An application for                                      $1,500.
     authority to 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. ($30. min. charge.)
     including supplements, or
     contract summaries.............
        (ii) The filing of water                                    $30.
         carrier annual
         certifications.............
    (79) Special docket applications
     from rail and water carriers:..
        (i) Applications involving                                  $75.
         $25,000 or less............
        (ii) Applications involving                                $150.
         over $25,000...............
    (80) Informal complaint about                                  $750.
     rail rate applications.........
    (81) Tariff reconciliation
     petitions from motor common
     carriers:......................
        (i) Petitions involving                                     $75.
         $25,000 or less............
        (ii) Petitions involving                                   $150.
         over $25,000...............
    (82) Request for a determination                               $300.
     of the applicability or
     reasonableness of motor carrier
     rates under 49 U.S.C.
     13710(a)(2) and (3)............
    (83) Filing of documents for                      $50. per document.
     recordation. 49 U.S.C. 11301
     and 49 CFR 1177.3(c)...........
    (84) Informal opinions about                                   $300.
     rate applications (all modes)..
    (85) A railroad accounting                                   $1,400.
     interpretation.................
    (86)(i) A request for an                                     $1,800.
     informal opinion not otherwise
     covered........................
        (ii) A proposal to use on a                              $6,300.
         voting 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                                     $600.
         informal 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:.............
        (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                                         $350.
     adjudicatory services not
     otherwise covered..............
    (89)-(95) [Reserved]............
Part VII: Services:
    (96) Messenger delivery of                        $39. per delivery.
     decision to a railroad
     carrier's Washington, DC agent.
    (97) Request for service or                           $30. per list.
     pleading 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                     $58. per party.
        (ii) Annual request does
         require a FR notice:.......
            (A) Set cost portion....                               $450.
            (B) Sliding cost portion                     $58. per party.
        (iii) Quarterly request does
         not require a FR notice:...
            (A) Set cost portion....                                $50.
            (B) Sliding cost portion                     $14. per party.
        (iv) Quarterly request does
         require a FR notice:.......
            (A) Set cost portion....                               $230.
            (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....                               $177.
            (B) Sliding cost portion                      $4. per party.
    (99)(i) Application fee for the                                $200.
     STB's Practitioners' Exam......
        (ii) Practitioners' Exam                                    $25.
         Information Package........
    (100) Carload Waybill Sample
     data:..........................
        (i) Requests for Public Use                      $250. per year.
         File for all years prior to
         the most current year
         Carload Waybill Sample data
         available, provided on CD-R
        (ii) Specialized programming                     $130. per hour.
         for Waybill requests to the
         Board......................
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[FR Doc. 2021-17014 Filed 8-11-21; 8:45 am]
BILLING CODE 4915-01-P