Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2000 Update

AGENCY:

Surface Transportation Board.

ACTION:

Final rules.

SUMMARY:

The Board adopts its 2000 User Fee Update and revises its fee schedule at this time to recover the cost associated with the January 2000 Government salary increases plus increases to its Federal Register publication costs.

EFFECTIVE DATE:

These rules are effective January 10, 2001.

FOR FURTHER INFORMATION CONTACT:

David T. Groves, (202) 565-1551, or Anne Quinlan, (202) 565-1727. [TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION:

The Board's regulations in 49 CFR 1002.3 require the Board's user fee schedule to be updated annually. The Board's regulations in 49 CFR 1002.3(a) provide that the entire fee schedule or selected fees can be modified more than once a year, if necessary. The Board's fees are revised based on the cost study formula set forth at 49 CFR 1002.3(d). Also, in some previous years, selected fees were modified to reflect new cost study data or changes in Board or Interstate Commerce Commission fee policy.

Because Board employees received a salary increase of 4.94% in January 2000, we are updating our user fees to recover the increased personnel costs. We also are increasing the fees to take into account an approximate increase of 4.2% in our publication costs. With certain exceptions, all fees will be updated based on our cost formula contained in 49 CFR 1002.3(d).

The fee increases involved here result only from the mechanical application of the update formula in 49 CFR 1002.3(d), which was adopted through notice and comment procedures in Regulations Governing Fees for Services—1987 Update, 4 I.C.C.2d 137 (1987). In addition, no new fees are being proposed in this proceeding. Therefore, we believe notice and comment are unnecessary for this proceeding. See Regulations Governing Fees for Services—1990 Update, 7 I.C.C.2d 3 (1990); Regulations Governing Fees for Services—1991 Update, 8 I.C.C.2d 13 (1991); and Regulations Governing Fees for Services—1993 Update, 9 I.C.C.2d 855 (1993).

We conclude that the fee changes being 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 copy of the full decision, write, call, or pick up in person from Da-to-Da Office Solutions, Suite 405, Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. Telephone: (202) 466-5530. [Assistance for the hearing impaired is available through TDD services 1-800-877-8339.]

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, title 49, chapter X, part 1002, of the Code of Federal Regulations is amended as follows:

PART 1002—FEES

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), (c) and (e)(1) and the table in paragraph (f)(6) to read as follows:

2. In § 1002.2, paragraph (f) is revised to read as follows: