Federal Register: May 5, 2009 (Volume 74, Number 85)
DOCID: fr05my09-17 FR Doc E9-10304
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
CFR Citation: 49 CFR Part 1002
STB ID: [STB Ex Parte No. 542 (Sub-No. 16)]
NOTICE: RULES
DOCID: fr05my09-17
DOCUMENT ACTION: Final rules.
SUBJECT CATEGORY:
Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services--2009 Update
DATES: Effective Date: These rules are effective on June 4, 2009.
DOCUMENT SUMMARY:
The Board adopts its 2009 User-Fee Update and revises its fee schedule to reflect increased costs associated with the January 2009 government salary increases, changes to the Board's overhead costs, and to also reflect changes in the government fringe benefits.
SUMMARY:
Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services–2009 Update
SUPPLEMENTAL INFORMATION
The Board's regulations at 49 CFR 1002.3 provide for annual updates of the Board's userfee schedule. Fees are revised based on the coststudy formula set forth at 49 CFR 1002.3(d). The fee increases adopted here, which reflect increased costs and changes in overhead costs, result from the mechanical application of the update formula in 49 CFR 1002.3(d). No new fees are proposed in this proceeding. Therefore, the Board finds that notice and comment are unnecessary for this proceeding. See Regulations Governing Fees For Services1990 Update, 7 I.C.C.2d 3 (1990); Regulations Governing Fees For Services1991 Update, 8 I.C.C.2d 13 (1991); and Regulations Governing Fees For Services1993 Update, 9 I.C.C.2d 855 (1993).
The Board concludes that the fee changes adopted here will not have a significant economic impact on a substantial number of small entities because the Board's regulations provide for waiver of filing fees for those entities that can make the required showing of financial hardship.
Additional information is contained in the Board's decision. To obtain a free copy of the full decision, visit the Board's Web site at http://www.stb.dot.gov or call the Board's Information Officer at (202) 245B0245. [Assistance for the hearing impaired is available through Federal Information Relay Services (FIRS): (800) 877B8339.] List of Subjects in 49 CFR Part 1002
Administrative practice and procedure, Common carriers, and Freedom of information.
Decided: April 29, 2009. By the Board, Acting Chairman Mulvey and Vice Chairman Nottingham.
Jeffrey Herzig,
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 1002FEES
1. The authority citation for part 1002 continues 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(a).
2. Section 1002.1 is amended by revising paragraphs (b) through (d);
paragraph (f)(1); the table in paragraph (g)(6); and paragraph (g)(7) to read as follows:
Sec. 1002.1 Fees for record search, review, copying, certification, and related services.
* * * * *
(b) Service involved in examination of tariffs or schedules for
preparation of certified copies of tariffs or schedules or extracts therefrom at the rate of $40.00 per hour.
(c) Service involved in checking records to be certified to
determine authenticity, including clerical work, etc., identical thereto, at the rate of $27.00 per hour.
(d) Photocopies of tariffs, reports, and other public documents, at
the rate of $1.40 per letter or legal size exposure. A minimum charge of $7.00 will be made for this service.
* * * * *
(f) * * *
(1) A fee of $70.00 per hour for professional staff time will be
charged when it is required to fulfill a request for ADP data. * * * * *
(g) * * *
(6) * * *
Grade Rate
GS1....................................................... $11.72
GS2....................................................... 12.76
GS3....................................................... 14.38
GS4....................................................... 16.15
GS5....................................................... 18.07
GS6....................................................... 20.14
GS7....................................................... 22.38
GS8....................................................... 24.78
GS9....................................................... 27.37
GS10...................................................... 30.15
GS11...................................................... 33.12
GS12...................................................... 39.70
GS13...................................................... 47.21
GS14...................................................... 55.78
GS15 and over............................................. 65.62
(7) The fee for photocopies shall be $1.40 per letter or legal size exposure with a minimum charge of $7.00.
* * * * *
3. In Sec. 1002.2, paragraph (f) is revised as follows:
Sec. 1002.2 Filing fees.
* * * * *
(f) Schedule of filing fees.
Type of proceeding Fee
FOR FURTHER INFORMATION CONTACT
David T. Groves, (202) 245-0327, or Anne Quinlan, (202) 2450309. [TDD for the hearing impaired: 1800877 8339.]