Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2002 New Fees

AGENCY:

Surface Transportation Board, Transportation.

ACTION:

Notice of proposed rulemaking and request for comments.

SUMMARY:

The Board proposes to: establish 22 fees for services for which no fee currently is assessed; raise the below-cost fee that currently applies to six fee items; update fees for nine existing fee items; and amend, renumber and delete certain rules to conform to existing and proposed fee collection policies and processes. The Board proposes these changes under the Independent Offices Appropriations Act and OMB Circular A-25, User Fees. We request comments on these proposals.

DATES:

Comments are due on October 11, 2002.

ADDRESSES:

Send comments (an original plus 10 copies) referring to Ex Parte No. 542 (Sub-No. 4) to: Surface Transportation Board, Case Control Branch, 1925 K Street, NW., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT:

Anne K. Quinlan (202) 565-1727 or David T. Groves (202) 565-1551. (Federal Information Relay Service (FIRS) for the hearing impaired: 1 (800) 877-8339.)

SUPPLEMENTARY INFORMATION:

The Independent Offices Appropriations Act, 31 U.S.C. 9701 (IOAA), is the basis for user fees charged by Federal agencies. Under the IOAA, agencies are required to ensure that “* * * each service or thing of value provided by an agency * * * to a person * * * be self-sustaining to the extent possible.” 31 U.S.C. 9701(a). Office of Management and Budget (OMB) Circular No. A-25 User Fees, revised July 8, 1993 (Circular A-25), establishes federal policy regarding fees assessed for government services pursuant to the IOAA. Circular A-25 states that the general policy of the federal government is that “[a] user charge will be assessed against each identifiable recipient for special benefits derived from federal activities beyond those received by the general public.” Circular A-25, section 6.

Pursuant to these directives, the Board is proposing to establish 22 new fees to cover services and activities that have not previously been included in the Board's user fee regulations, including a catch-all “basic” fee for STB adjudicatory services not already covered by a specific fee. Specifically, the Board proposes to establish new fees to cover the following services, which confer special benefits on identifiable recipients. Under section 1002.1, we propose to charge a fee for courier services involved in retrieval of off-site agency records [rule 1002.1(e)]. Under section 1002.2, we propose to charge fees to address: petitions for exemption, and petitions to revoke exemptions, under 49 U.S.C. 13541 [fee items (f)(2)(ii) and (iii)]; requests for dispute determinations under 49 U.S.C. 10901(d) [fee item (f)(12)(iv)]; requests to extend trail use negotiation periods [fee item (f)(27)(ii)]; requests for waiver or clarification of Board regulations in major rail finance transactions under 49 U.S.C. 11323, and in other cases not otherwise covered [fee items (f)(38)(vii)-(41)(vii) and (f)(65), respectively]; formal complaints by small shippers in rail maximum rate cases [fee item (f)(56)(ii)]; requests for orders compelling a carrier to file a common carrier rate [fee item (f)(56)(v)]; appeals from procedural and discovery rulings [fee items (f)(61)(ii) and (f)(64)(iii), respectively]; requests for expedited relief under 49 CFR parts 1146 and 1147 [fee items (f)(63)(i) and (ii), respectively]; motions to compel discovery [fee items (f)(64)(i) and (ii)]; requests to use voting trust agreements [fee items (f)(86)(ii) and (iii)]; and a catch-all, basic fee for STB adjudicatory services not otherwise covered [fee item (f)(88)].

The Board currently assesses a below-full cost fee of $150 (comparable to the fee for filing a matter with a court system) for six fee items, specifically: trail use requests [fee item (f)(27)]; Amtrak conveyance proceedings [fee item (f)(47)]; Amtrak compensation proceedings [fee item (f)(48)]; labor arbitration proceedings [fee item (f)(60)]; appeals to Board decisions and petitions to revoke exemptions [fee item (f)(61)]; and motor carrier undercharge proceedings [fee item (f)(62)]. We propose to raise this fee to the basic fee level of $200 to better reflect Board costs.

Cost data for the above proposed fees are based on contemporaneous time and motion studies for some fee items, based on after-the-fact interviews with staff involved in the proceedings for other fee items, and, for a few fee items, based on what we believe are conservative projections by informed staff.

Finally, the Board proposes to amend several fee regulations to accomplish the following: (1) Reflect current business practices with respect to fee processing; (2) permit use of the billing account system to collect fees for documents filed for recording under 49 U.S.C. 11301; (3) change the process for handling fee waiver requests; (4) update two fees previously overlooked; (5) revise three fee items; and (6) delete a few obsolete regulations. The proposed regulations are set forth in the Appendix.

Pursuant to 5 U.S.C. 605(b) we certify that the proposed rules will not have a significant economic impact on a substantial number of small entities. The economic impact of the proposed fees will not be significant because the Board fee would represent only a small portion of the overall cost of the related endeavor. Moreover, few small entities avail themselves of the services to which the proposed fees apply. Finally, the Board's regulations provide for waiver of filing fees for those entities that can make the required showing of financial hardship.

This action will not significantly affect either the quality of the human environment or the conservation of energy resources.

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.dot.gov;; call the Board's Information Officer at (202) 565-1674; or pick up in person from the Information Officer, Suite 100, Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. To purchase a copy of the decision, write to, call, email, or pick up in person from Dā-2-Dā Legal Copy Service, Room 405, 1925 K Street, NW., Washington, DC 20006, (202) 293-7776, da2dalegal@earthlink.net. [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
• Freedom of information
• User fees

For the reasons set forth in the preamble, the Surface Transportation Board proposes to amend 49 CFR part 1002 as follows:

PART 1002—FEES

1. The authority citation for part 1002 is revised to read as follows:

Authority: 5 U.S.C. 552(a)(4)(A) and 553, 31 U.S.C. 9701, and 49 U.S.C. 721.

Section 1002.1(g)(11) also issued under 5 U.S.C. 5514 and 31 U.S.C. 3717.

2. Amend section 1002.1 as follows:

a. Redesignate paragraphs (e) through (h) as paragraphs (f) through (i);

b. Remove newly redesignated paragraph (f)(2) and designate newly redesignated paragraph (f)(3) as paragraph (f)(2);

c. Add new paragraph (e) and revise newly redesignated paragraphs (g)(7), (g)(8) and (h) to read as follows: