49 C.F.R. PART 1002—FEES


Title 49 - Transportation


Title 49: Transportation

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PART 1002—FEES

Section Contents
§ 1002.1   Fees for records search, review, copying, certification, and related services.
§ 1002.2   Filing fees.
§ 1002.3   Updating user fees.


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.

§ 1002.1   Fees for records search, review, copying, certification, and related services.
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Certifications and copies of such tariffs, reports and other public records and documents on file with the Surface Transportation Board as may be practicable to furnish, as well as searches and copying of records not considered public under the Freedom of Information Act (5 U.S.C. 552), will be furnished on the following basis:

(a) Certificate of the Secretary, $14.00.

(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 $35.00 per hour.

(c) Service involved in checking records to be certified to determine authenticity, including clerical work, etc., incidental thereto, at the rate of $24.00 per hour.

(d) Photocopies of tariffs, reports, and other public documents, at the rate of $1.20 per letter or legal size exposure. A minimum charge of $6.00 will be made for this service.

(e) Fees for courier services to transport agency records to provide on-site access to agency records stored off-site will be set at the rates set forth in the Board's agreement with its courier service provider. Rate information is available on the Board's Web site (http://www.stb.dot.gov), or can be obtained from the Board's Information Officer, Suite 880, Surface Transportation Board, Washington, DC 20423–0001.

(f) The fee for search and copying services requiring ADP processing are as follows:

(1) A fee of $62.00 per hour for professional staff time will be charged when it is required to fulfill a request for ADP data.

(2) Printing shall be charged at the rate of $.10 per page of computer generated output with a minimum charge of $.25. A charge of $30 per reel of magnetic tape will be made if the tape is to be permanently retained by the requestor.

(g) The fees for search, review and copying services for records not considered public under the Freedom of Information Act are as follows:

(1) When records are sought for commercial use, requesters will be assessed the full and reasonable direct costs of document search, review and duplication. A “commercial use” request refers to a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made.

(2) When records are not sought for commercial use and a request is made by an educational or noncommercial scientific institution, requesters will be assessed only for the cost of duplication (excluding charges for the first 100 pages). The term “Educational Institution” refers to a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, and an institution of vocational education, which operates a program of scholarly research. The term “noncommercial scientific institution” refers to an institution that is not operated on a “commercial” basis and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. They must show that their request is authorized by and under the auspices of a qualifying institution and the records are not sought for a commercial use but, instead, are in furtherance of scholarly or scientific research.

(3) Requesters who are representatives of the news media (persons actively gathering news for an entity that is organized and operated to publish or broadcast news to the public) will be assessed only for the cost of duplication (excluding charges for the first 100 pages) if they can show that their request is not made for a commercial use. A request for records supporting the news dissemination function of the requester shall not be considered a request for a commercial use.

(4) All other requesters will be assessed fees which recover the full, reasonable direct cost of searching for and duplicating records that are responsive to the request (excluding charges for the first 100 pages of duplication and the first two hours of search time).

(5) All requesters must reasonably describe the records sought.

(6) The search and review hourly fees will be based upon employee grade levels in order to recoup the full, allowable direct costs attributable to their performance of these functions. They are as follows:

 ------------------------------------------------------------------------                            Grade                                Rate------------------------------------------------------------------------GS-1........................................................      $10.43GS-2........................................................       11.36GS-3........................................................       12.80GS-4........................................................       14.37GS-5........................................................       16.08GS-6........................................................       17.92GS-7........................................................       19.91GS-8........................................................       22.05GS-9........................................................       24.36GS-10.......................................................       26.82GS-11.......................................................       29.47GS-12.......................................................       35.32GS-13.......................................................       42.00GS-14.......................................................       49.64GS-15 and over..............................................       58.39------------------------------------------------------------------------

(7) The fee for photocopies shall be $1.20 per letter or legal size exposure with a minimum charge of $6.00.

(8) The fees for ADP data are set forth in paragraph (f) of this section.

(9) If the cost of collecting any fee would be equal to or greater than the fee itself, it will not be assessed.

(10) A fee may be charged for searches which are not productive and for searches for records or those parts of records which subsequently are determined to be exempt from disclosure.

(11) Interest charges will be assessed on any unpaid bill starting on the date specified in the bill, at the rate prescribed in 31 U.S.C. 3717 and will accrue from the date of the billing. The Debt Collection Act, 5 U.S.C. 5514 (1982), including disclosure to the consumer reporting agencies and the use of collection agencies, as prescribed in the Board's Debt Collection Regulations in 49 CFR part 1018, will be utilized to encourage payment where appropriate.

(12) If search charges are likely to exceed $25, the requester will be notified of the estimated fees unless requester willingness to pay whatever fee is assessed has been provided in advance. The administrative time limits prescribed in 5 U.S.C. 552(a)(6) will not begin until after the requester agrees in writing to accept the prospective charges.

(13) An advance payment (before work is commenced or continued on a request) may be required if the charges are likely to exceed $250. Requesters who have previously failed to pay a fee charged in timely fashion (i.e. within 30 days of the date of billing) may be required first to pay this amount plus any applicable interest (or demonstrate that the fee has been paid) and then make an advance payment of the full amount of the estimated fee before the new or pending request is processed. The administrative time limits prescribed in 5 U.S.C. 552(a)(6) also will not begin until after a requester has complied with this provision.

(14) Documents shall be furnished without any charge or at a charge reduced below the fees set forth above if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. The following six factors will be employed in determining when such fees shall be waived or reduced:

(i) The subject of the request: Whether the subject of the requester records concerns “the operations or activities of the government”;

(ii) The informative value of the information to be disclosed: Whether the disclosure is “likely to contribute” to an understanding of government operations or activities;

(iii) The contribution to an understanding of the subject by the general public likely to result from disclosure: Whether disclosure of the requested information will contribute to “public understanding”;

(iv) The significance of the contribution to public understanding: Whether the disclosure is likely to contribute “significantly” to public understanding of government operations or activities;

(v) The existence and magnitude of a commercial interest: Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so

(vi) The primary interest in disclosure: Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.”

This fee waiver and reduction provision will be implemented in accordance with guidelines issued by the U.S. Department of Justice on April 2, 1987 and entitled “New FOIA Fee Waiver Policy Guidance.” A copy of these guidelines may be inspected or obtained from the Surface Transportation Board's Freedom of Information Office, Washington, DC 20423.

(h) Fees for services described in paragraphs (a) through (g) of this section may be charged to accounts established in accordance with 49 CFR 1002.2(a)(2), or paid for by check, money order, currency, or credit card in accordance with 49 CFR 1002.2(a)(3).

(i) Transcript of testimony and of oral argument, or extracts therefrom, may be purchased by the public from the Board's official reporter. For information regarding the official reporter, contact the Secretary, Surface Transportation Board, Washington, DC 20423.

[32 FR 20010, Dec. 20, 1967]

Editorial Note:  For Federal Register citations affecting §1002.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 1002.2   Filing fees.
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(a) Manner of payment. (1) Except as specified in this section, all filing fees will be payable at the time and place the application, petition, notice, tariff, contract summary, or other document is tendered for filing. Filing fees for tariffs, including schedules, and contract summaries, including supplements (Item 78), and filing fees for documents submitted for recording (Item 83) may be charged to accounts established by the Board in accordance with paragraph (a)(2) of this section.

(2) Billing account procedure. Form STB–1032 must be submitted to the Board's Section of Financial Services to establish STB billing accounts for filing fees for tariffs and for documents submitted for recording.

(3) Fees will be payable to the Secretary, Surface Transportation Board, by check payable in United States currency drawn upon funds deposited in a United States or foreign bank or other financial institution, money order payable in United States currency, or by credit card.

(b) Any filing that is not accompanied by the appropriate filing fee, payment via credit card or STB billing account, or a request for waiver of the fee, is deficient. However, the Board may find that a tariff which is submitted without the appropriate filing fee is deficient and reject the tariff filing, if the filer repeatedly fails to submit the appropriate filing fee after the Board has advised the filer of the proper filing fee and tariff filing procedures.

(c) Fees not refundable. Fees will be assessed for every filing in the type of proceeding listed in the schedule of fees contained in paragraph (f) of this section, subject to the exceptions contained in paragraphs (d) and (e) of this section. After the application, petition, notice, tariff, contract, or other document has been accepted for filing by the Board, the filing fee will not be refunded, regardless of whether the application, petition, notice, tariff, contract, or other document is granted or approved, denied, rejected before docketing, dismissed, or withdrawn. If an individual exemption proceeding becomes a matter of general applicability and is handled through the rulemaking process, the Board will refund the filing fee.

(d) Related or consolidated proceedings. (1)(i) Except as provided for in paragraph (d)(1)(ii) of this section, separate fees need not be paid for related applications filed by the same applicant that would be the subject of one proceeding.

(ii) In proceedings filed under the rail consolidation procedures at 49 CFR part 1180, the applicable filing fee must be paid for each proceeding submitted concurrently with the primary application. The fee for each type of proceeding is set forth in the fee schedule contained in paragraph (f) of this section.

(2) A separate fee will be assessed for the filing of an application for temporary authority to operate a motor carrier of passengers as provided for in paragraph (f)(5) of this section regardless of whether such application is related to a corresponding transfer proceeding as provided for in paragraph (f)(2) of this section.

(3) The Board may reject concurrently filed applications, petitions, notices, contracts, or other documents asserted to be related and refund the filing fee if, in its judgment, they embrace two or more severable matters which should be the subject of separate proceedings.

(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.

(2) In extraordinary situations the Board will accept requests for waivers or fee reductions in accordance with the following procedure:

(i) When to request. At the time that a filing is submitted to the Board the applicant may request a waiver or reduction of the fee prescribed in this part. Such request should be addressed to the Secretary.

(ii) Basis. The applicant must show the waiver or reduction of the fee is in the best interest of the public, or that payment of the fee would impose an undue hardship upon the requestor.

(iii) Board action. The Secretary will notify the applicant of the decision to grant or deny the request for waiver or reduction.

(f) Schedule of filing fees.

 ------------------------------------------------------------------------             Type of proceeding                          Fee------------------------------------------------------------------------PART I: Non-Rail Applications or Proceedings to Enter Upon a Particular Financial Transaction or Joint Arrangement:(1) An application for the pooling or        $3,700 division of traffic.(2)(i) An application involving the          1,700 purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of passengers under 49 U.S.C. 14303.    (ii) A petition for exemption under 49   2,700     U.S.C. 13541 (other than a rulemaking)     filed by a non-rail carrier not     otherwise covered.    (iii) A petition to revoke an exemption  2,200     filed under 49 U.S.C. 13541(d).(3) An application for approval of a non-    23,300 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..............  3,900    (ii) Minor amendment...................  80(5) An application for temporary authority   400 to operate a motor carrier of passengers. 49 U.S.C. 14303(i).(6) A notice of exemption for transaction    1,400 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 certificate     6,100 authorizing the extension, acquisition, or operation of lines of railroad. 49 U.S.C. 10901.    (ii) Notice of exemption under 49 CFR    1,500     1150.31-1150.35.    (iii) Petition for exemption under 49    10,600     U.S.C. 10502.(12)(i) An application involving the         62,900 construction of a rail line.    (ii) A notice of exemption involving     1,500     construction of a rail line under 49     CFR 1150.36.    (iii) A petition for exemption under 49  62,900     U.S.C. 10502 involving construction of     a rail line.    (iv) A request for determination of a    200     dispute involving a rail construction     that crosses the line of another     carrier under 49 U.S.C. 10902(d).(13) A Feeder Line Development Program       2,600 application filed under 49 U.S.C. 10907(b)(1)(A)(i) or 10907(b)(1)(A)(ii).(14)(i) An application of a class II or      5,200 class III carrier to acquire an extended or additional rail line under 49 U.S.C. 10902.    (ii) Notice of exemption under 49 CFR    1,500     1150.41-1150.45.    (iii) Petition for exemption under 49    5,600     U.S.C. 10502 relating to an exemption     from the provisions of 49 U.S.C. 10902.(15) A notice of a modified certificate of   1,400 public convenience and necessity under 49 CFR 1150.21-1150.24.(16)-(20) [Reserved]PART III: Rail Abandonment or Discontinuance of Transportation Services Proceedings:(21)(i) An application for authority to      18,700 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 abandonment or  3,100     discontinuance under 49 CFR 1152.50.    (iii) A petition for exemption under 49  5,300     U.S.C. 10502.(22) An application for authority to         400 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 bankrupt          1,600 railroads.(24) A request for waiver of filing          1,500 requirements for abandonment application proceedings.(25) An offer of financial assistance under  1,300 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 conditions   19,100 for the sale of or subsidy for a rail line proposed to be abandoned.(27)(i) A request for a trail use condition  200 in an abandonment proceeding under 16 U.S.C.1247(d).    (ii) A request to extend the period to   350     negotiate a trail use agreement.(28)-(35) [Reserved]PART IV: Rail Applications to Enter Upon a Particular Financial Transaction or Joint Arrangement:(36) An application for use of terminal      16,000 facilities or other applications under 49 U.S.C. 11102.(37) An application for the pooling or       8,600 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..................  1,257,600    (ii) Significant transaction...........  251,500    (iii) Minor transaction................  6,500    (iv) Notice of an exempt transaction     1,400     under 49 CFR 1180.2(d).    (v) Responsive application.............  6,500    (vi) Petition for exemption under 49     7,900     U.S.C. 10502.    (vii) A request for waiver or            4,600     clarification of regulations filed in     a major financial proceeding as     defined at 49 CFR 1180.2(a).(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..................  1,257,600    (ii) Significant transaction...........  251,500    (iii) Minor transaction................  6,500    (iv) A notice of an exempt transaction   1,100     under 49 CFR 1180.2(d).    (v) Responsive application.............  6,500    (vi) Petition for exemption under 49     7,900     U.S.C. 10502.    (vii) A request for waiver or            4,600     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..................  1,257,600    (ii) Significant transaction...........  251,500    (iii) Minor transaction................  6,500    (iv) Notice of an exempt transaction     1,000     under 49 CFR 1180.2(d).    (v) Responsive application.............  6,500    (vi) Petition for exemption under 49     7,900     U.S.C. 10502.    (vii) A request for waiver or            4,600     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..................  1,257,600    (ii) Significant transaction...........  251,500    (iii) Minor transaction................  6,500    (iv) Notice of an exempt transaction     1,200     under 49 CFR 1180.2(d).    (v) Responsive application.............  6,500    (vi) Petition for exemption under 49     5,600     U.S.C. 10502.    (vii) A request for waiver or            4,600     clarification of regulations filed in     a major financial proceeding as     defined at 49 CFR 1180.2(a).(42) Notice of a joint project involving     2,000 relocation of a rail line under 49 CFR 1180.2(d)(5).(43) An application for approval of a rail   58,800 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..............  10,900    (ii) Minor amendment...................  80(45) An application for authority to hold a  650 position as officer or director under 49 U.S.C. 11328.(46) A petition for exemption under 49       6,700 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise covered.(47) National Railroad Passenger             200 Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562.(48) National Railroad Passenger             200 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 under the   140,600     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 involving rail   150     maximum rates filed under the small     rate case procedures.    (iii) All other formal complaints        13,900     (except competitive access complaints).    (iv) Competitive access complaints.....  150    (v) A request for an order compelling a  200     rail carrier to establish a common     carrier rate.(57) A complaint seeking or a petition       7,400 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 declaratory order     1,000     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 antitrust    5,900 immunity. 49 U.S.C. 10706(a)(5)(A).(60) Labor arbitration proceedings.........  200(61)(i) An appeal of a Surface               200 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              300     Transportation Board decision on     procedural matters except discovery     rulings.(62) Motor carrier undercharge proceedings.  200(63)(i) Expedited relief for service         200 inadequacies: A request for expedited relief under 49 U.S.C. 11123 and 49 CFR part 1146 for service emergency.    (ii) Expedited relief for service        200     inadequacies: A request for temporary     relief under 49 U.S.C. 10705 and     11102, and 49 CFR part 1147 for     service inadequacies.(64) A request for waiver or clarification   500 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:(76) An application for authority to         1,000 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 permission   100 for short notice or the waiver of other tariff publishing requirements.(78) The filing of tariffs, including        $1 per page supplements, or contract summaries.         ($20 minimum charge).(79) Special docket applications from rail and water carriers:    (i) Applications involving $25,000 or    50     less.    (ii) Applications involving over         100     $25,000.(80) Informal complaint about rail rate      500 applications.(81) Tariff reconciliation petitions from motor common carriers:    (i) Petitions involving $25,000 or less  50    (ii) Petitions involving over $25,000..  100(82) Request for a determination of the      200 applicability or reasonableness of motor carrier rates under 49 U.S.C. 13710(a)(2) and (3).(83) Filing of documents for recordation.    $34 per document. 49 U.S.C. 11301 and 49 CFR 1177.3(c).(84) Informal opinions about rate            200 applications (all modes).(85) A railroad accounting interpretation..  950(86)(i) A request for an informal opinion    1,200 not otherwise covered.    (ii) A proposal to use on a voting       4,300     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 informal opinion  400     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), Unless      75     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 Decisions or  150     Petitions to Modify or Vacate an     Arbitration Award.(88) Basic fee for STB adjudicatory          200 services not otherwise covered.(89)-(95) [Reserved]PART VII: Services:(96) Messenger delivery of decision to a     $27 per delivery. railroad carrier's Washington, DC, agent.(97) Request for service or pleading list    $20 per list. for proceedings.(98) Processing the paperwork related to a request for the Carload Waybill Sample to be used in a Surface Transportation Board or State proceeding that:    (i) Does not require a Federal Register     notice:        (a) Set cost portion...............  100        (b) Sliding cost portion...........  $39 per party.    (ii) Does require a Federal Register     notice:        (a) Set cost portion...............  350        (b) Sliding cost portion...........  $39 per party.(99)(i) Application fee for the Surface      150 Transportation Board's Practitioners' Exam.    (ii) Practitioners' Exam Information     25     Package.(100) Uniform Railroad Costing System (URCS) software and information:    (i) Initial PC version URCS Phase III    50     software program and manual.    (ii) Updated URCS PC version Phase III   $25 per year.     cost file_per year.    (iii) Public requests for Source Codes   100     to the PC version URCS Phase III.(101) Carload Waybill Sample data on recordable compact disk (R-CD):    (i) Requests for Public Use File on R-   $250 per year.     CD_per year.    (ii) Waybill_Surface Transportation      $500 per year.     Board or State proceedings on R-CD_per     year.    (iii) User Guide for latest available    50     Carload Waybill Sample.    (iv) Specialized programming for         $93 per hour.     Waybill requests to the Board.------------------------------------------------------------------------

(g) Returned check policy. (1) If a check submitted to the Board for a filing or service fee is dishonored by a bank or financial institution on which it is drawn, the Board will notify the person who submitted the check that:

(i) All work will be suspended on the filing or proceeding, other than a tariff filing, until the check is made good;

(ii) A returned check charge of $20.00 and any bank charges incurred by the Board as a result of the dishonored check must be submitted with the filing fee which is outstanding; and

(iii) If payment is not made within the time specified by the Board, the proceeding will be dismissed or the filing may be rejected.

(2) If a person repeatedly submits dishonored checks to the Board for filing fees, the Board may notify the person that all future filing fees must be submitted in the form of a certified or cashier's check or a money order.

[49 FR 18492, May 1, 1984]

Editorial Note:  For Federal Register citations affecting §1002.2, see the List of CFR Sections affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 1002.3   Updating user fees.
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(a) Update. Each fee established in this part shall be updated in accordance with this section at least once a year. However, any fee may be updated more than once a year, if the Board finds that an additional update is necessary.

(b) Publication and effective dates. Updated fees shall be published in the Federal Register and shall become effective 30 days after publication.

(c) Payment of fees. Any person submitting a filing for which a fee is established shall pay the fee in effect at the time of the filing.

(d) Method of updating fees. Each fee shall be updated by updating the cost components comprising the fee. Cost components shall be updated as follows:

(1) Direct labor costs shall be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of Board employees. Base level direct labor costs are direct labor costs determined by the cost study set forth in Revision of Fees For Services, 1 I.C.C.2d 60 (1984) or subsequent cost studies. The base period for measuring changes shall be April 1984.

(2) Operations overhead shall be developed each year on the basis of current relationships existing on a weighted basis, for indirect labor applicable to the first supervisory work centers directly associated with user fee activity. Actual updating of operations overhead will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead costs.

(3)(i) Office general and administrative costs shall be developed each year on the basis of current level costs, i.e., dividing actual office general and administrative costs for the current fiscal year by total office costs for the Offices directly associated with user fee activity. Actual updating of office general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations overhead costs.

(ii) Board general and administrative costs shall be developed each year on the basis of current level costs; i.e., dividing actual Board general and administrative costs for the current fiscal year by total agency expenses for the current fiscal year. Actual updating of Board general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead, operations overhead and office general and administrative costs.

(4) Publication costs shall be adjusted on the basis of known changes in the costs applicable to publication of material in the Federal Register.

(e) Rounding of updated fees. Updated fees shall be rounded in the following manner: (1) Fees between $1–$30 will be rounded to the nearest $1; (2) fees between $30–$100 will be rounded to the nearest $10; (3) fees between $100–$999 will be rounded to the nearest $50; and (4) fees above $1,000 will be rounded to the nearest $100. (This rounding procedure excludes copying, printing and search fees.)

[49 FR 18494, May 1, 1984, as amended at 52 FR 46483, Dec. 8, 1987; 59 FR 44644, Aug. 30, 1994; 61 FR 42194, Aug. 14, 1996]

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