(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.
(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 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notice, tariff, contract, or other document is granted or approved, denied, rejected before docketing, dismissed, or withdrawn.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.
(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.
(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 Chief, Section of Administration, Office of Proceedings, Surface Transportation Board.
(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 Chief, Section of Administration, Office of Proceedings, Surface Transportation Board 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 Into a Particular
(1) An application for the pooling or division $4,700.
(i) An application involving the purchase, $2,100.
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 $3,400.
U.S.C. 13541 (other than a rulemaking)
filed by a non-rail carrier not otherwise
covered.
(iii) A petition to revoke an exemption $2,800.
filed under 49 U.S.C. 13541(d).(3) An application for approval of a non-rail $29,500.
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................. $4,900.
(ii) Minor amendment...................... $100.(5) An application for temporary authority to $500.
operate a motor carrier of passengers. 49
U.S.C. 14303(i).(6) A notice of exemption for transaction $1,800.
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
(i) An application for a certificate $7,700.
authorizing the extension, acquisition, or
operation of lines of railroad. 49 U.S.C.
10901.
(ii) Notice of exemption under 49 CFR $1,900.
1150.31-1150.35.
(iii) Petition for exemption under 49 $13,400.
(i) An application involving the $79,700.
construction of a rail line.
(ii) A notice of exemption involving $1,900.
construction of a rail line under 49 CFR
1150.36.
(iii) A petition for exemption under 49 $79,700.
U.S.C. 10502 involving construction of a
rail line.
(iv) A request for determination of a $300.
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.
(i) or 10907(b)(1)(A)(ii).(14)(i) An application of a class II or class $6,600.
III carrier to acquire an extended or
additional rail line under 49 U.S.C. 10902..
(ii) Notice of exemption under 49 CFR $1,900.
1150.41-1150.45.
(iii) Petition for exemption under 49 $7,000.
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 $1,800.
public convenience and necessity under 49 CFR
1150.21-1150.24.(16) An application for a land-use-exemption $6,400.
permit for a facility existing as of October
16, 2008 under 49 U.S.C. 10909.(17) An application for a land-use-exemption $22,600.
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
(i) An application for authority to $23,700.
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 $3,900.
discontinuance under 49 CFR 1152.50.
(iii) A petition for exemption under 49 $6,700.
U.S.C. 10502.(22) An application for authority to abandon $500.
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 railroads. $2,000.(24) A request for waiver of filing $1,900.
requirements for abandonment application
proceedings.(25) An offer of financial assistance under 49 $1,600.
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 for $24,200.
the sale of or subsidy for a rail line
(i) A request for a trail use condition $300.
in an abandonment proceeding under 16
U.S.C.1247(d).
(ii) A request to extend the period to $450.
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 terminal $20,200.
facilities or other applications under 49
U.S.C. 11102.(37) An application for the pooling or $10,900.
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..................... $1,593,600.
(ii) Significant transaction.............. $318,700.
(iii) Minor transaction................... $7,900.
(iv) Notice of an exempt transaction under $1,800.
49 CFR 1180.2(d).
(v) Responsive application................ $7,900.
(vi) Petition for exemption under 49 $10,000.
U.S.C. 10502.
(vii) A request for waiver or $5,900.
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..................... $1,593,600.
(ii) Significant transaction.............. $318,700.
(iii) Minor transaction................... $7,900.
(iv) A notice of an exempt transaction $1,400.
under 49 CFR 1180.2(d).
(v) Responsive application................ $7,900.
(vi) Petition for exemption under 49 $10,000.
U.S.C. 10502.
(vii) A request for waiver or $5,900.
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..................... $1,593,600.
(ii) Significant transaction.............. $318,700.
(iii) Minor transaction................... $7,900.
(iv) Notice of an exempt transaction under $1,200.
49 CFR 1180.2(d).
(v) Responsive application................ $7,900.
(vi) Petition for exemption under 49 $10,000.
U.S.C. 10502.
(vii) A request for waiver or $5,900.
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..................... $1,593,600.
(ii) Significant transaction.............. $318,700.
(iii) Minor transaction................... $7,900.
(iv) Notice of an exempt transaction under $1,400.
49 CFR 1180.2(d).
(v) Responsive application................ $7,900.
(vi) Petition for exemption under 49 $7,000.
U.S.C. 10502.
(vii) A request for waiver or $5,900.
clarification of regulations filed in a
major financial proceeding as defined at
49 CFR 1180.2(a).(42) Notice of a joint project involving $2,500.
relocation of a rail line under 49 CFR
1180.2(d)(5).(43) An application for approval of a rail $74,600.
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................. $13,800.
(ii) Minor amendment...................... $100.(45) An application for authority to hold a $800.
position as officer or director under 49
U.S.C. 11328.(46) A petition for exemption under 49 U.S.C. $8,500.
10502 (other than a rulemaking) filed by rail
carrier not otherwise covered.(47) National Railroad Passenger Corporation $300.
(Amtrak) conveyance proceeding under 45
U.S.C. 562.(48) National Railroad Passenger Corporation $300.
(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 $350.
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 $350.
maximum rates filed under the Simplified-
SAC methodology . . . . . . . ..
(iii) A formal complaint involving rail $150.
maximum rates filed under the Three
Benchmark methodology.
(iv) All other formal complaints (except $350.
competitive access complaints).
(v) Competitive access complaints......... $150.
(vi) A request for an order compelling a $300.
rail carrier to establish a common
carrier rate.(57) A complaint seeking or a petition $9,400.
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 declaratory $1,400.
order.(59) An application for shipper antitrust $7,500.
(i) An appeal of a Surface Transportation $300.
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 Transportation $400.
Board decision on procedural matters except
(i) Expedited relief for service $300.
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 $300.
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 clarification of $600.
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 establish $1,300.
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 for $100.
short notice or the waiver of other tariff
publishing requirements.(78) The filing of tariffs, including $1 per page ($26 min.
supplements, or contract summaries. charge.)(79) Special docket applications from rail and
water carriers:
(i) Applications involving $25,000 or less $75.
(ii) Applications involving over $25,000.. $150.(80) Informal complaint about rail rate $650.
applications.(81) Tariff reconciliation petitions from
motor common carriers:.
(i) Petitions involving $25,000 or less... $75.
(ii) Petitions involving over $25,000..... $150.(82) Request for a determination of the $250.
applicability or reasonableness of motor
carrier rates under 49 U.S.C. 13710(a)(2) and
(3).(83) Filing of documents for recordation. 49 $43 per document.
U.S.C. 11301 and 49 CFR 1177.3(c)..(84) Informal opinions about rate applications $250.
(i) A request for an informal opinion not $1,500.
otherwise covered.
(ii) A proposal to use on a voting trust $5,400.
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 on $550.
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 defendant), $75.
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 services $300.
not otherwise covered.(89)-(95) [Reserved]------------------------------------------------------------------------
PART VII: Services:------------------------------------------------------------------------(96) Messenger delivery of decision to a $34 per delivery.
railroad carrier's Washington, DC, agent.(97) Request for service or pleading list for $26 per list.
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...................... $150.
(b) Sliding cost portion.................. $50 per party.
(ii) Does require a Federal Register
notice:.
(a) Set cost portion...................... $400.
(b) Sliding cost portion.................. $50 per party.(99) (i) Application fee for the Surface $200.
Transportation Board's Practitioners' Exam.
(ii) Practitioners' Exam Information $25.
Package.(100) Carload Waybill Sample data:............
(i) Requests for Public Use File for all $250 per year.
years prior to the most current year
Carload Waybill Sample data available,
provided on CD-R.
(ii) Specialized programming for Waybill $114 per hour.
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:
(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 Sec. 1002.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.