Regulations Governing Fees for Services, 39788-39789 [2011-17020]
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39788
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
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190194
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190215
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Missouri:
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Gasconade, City of, Gasconade County
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Hermann, City of, Gasconade County ..
290141
Owensville, City of, Gasconade County
290143
Region VIII
North Dakota:
Velva, City of, McHenry County ............
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Velva, Township of, McHenry County ...
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Date certain
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available in
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Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
April 8, 1975, Emerg; October 17, 1986,
Reg; July 18, 2011, Susp.
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Reg; July 18, 2011, Susp.
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Reg; July 18, 2011, Susp.
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July 18, 2011, Susp.
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Reg; July 18, 2011, Susp.
May 7, 1971, Emerg; July 3, 1985, Reg;
July 18, 2011, Susp.
October 25, 1977, Emerg; August 5, 1985,
Reg; July 18, 2011, Susp.
May 5, 1975, Emerg; October 17, 1986,
Reg; July 18, 2011, Susp.
August 30, 1990, Emerg; July 1, 1991, Reg;
July 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 24, 1977, Emerg; August 24,
1984, Reg; July 18, 2011, Susp.
June 27, 1975, Emerg; December 18, 1984,
Reg; July 18, 2011, Susp.
August 13, 1971, Emerg; March 5, 1976,
Reg; July 18, 2011, Susp.
August 1, 1975, Emerg; June 3, 1978, Reg;
July 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
March 28, 1975, Emerg; August 15, 1977,
Reg; July 18, 2011, Susp.
March 31, 1976, Emerg; September 18,
1987, Reg; July 18, 2011, Susp.
March 31, 1977, Emerg; September 18,
1987, Reg; July 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
*Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: June 27, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
[FR Doc. 2011–17032 Filed 7–6–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
FOR FURTHER INFORMATION CONTACT:
49 CFR Part 1002
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
[Docket No. EP 542 (Sub-No. 18)]
Regulations Governing Fees for
Services
Surface Transportation Board.
Final rule.
AGENCY:
ACTION:
The Board is amending the
regulations governing user fees for
services performed. The amendment
sets the fee for certain formal
complaints at $350.
SUMMARY:
VerDate Mar<15>2010
13:26 Jul 06, 2011
Jkt 223001
Effective Date: This rule is
effective on July 7, 2011.
ADDRESSES: Questions regarding this
final rule should be in writing,
addressed to: Chief, Section of
Administration, Office of Proceedings,
Surface Transportation Board, Attn:
Docket No. EP 542 (Sub-No. 18), 395 E
Street, SW., Washington, DC 20423–
0001.
DATES:
Valerie Quinn at 202–245–0382.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
1–800–877–8339.
SUPPLEMENTARY INFORMATION: On
February 15, 2011, the Board served a
notice of proposed rulemaking (NPRM),
in which it proposed amending the
Board’s regulations governing user fees
for services performed, 49 CFR
1002.2(f), Part V, by lowering the fee for
sub-item 56(iv) [all other formal
complaints except competitive access]
from $20,600 to $350. Under the
PO 00000
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Sfmt 4700
proposal, the fee for sub-items 56(i) [full
Stand-Alone Cost rate complaints] and
56(ii) [Simplified-SAC rate complaints]
would be set at $350, and the fee for
sub-item 56(iii) [Three Benchmark rate
complaints], the most likely path to rate
relief for small shippers, would remain
at $150.
The Board sets user fees in
accordance with the Independent
Offices Appropriation Act of 1952
(IOAA). The IOAA directs agencies such
as the Board to establish fees for specific
services that it provides to identifiable
recipients, so that the service provided
may be ‘‘self-sustaining to the extent
possible.’’ 31 U.S.C. 9701(a). The fees
must be ‘‘fair’’ and be based on a variety
of factors, including (but not limited to)
the costs to the agency of each covered
service, public policy or interest served,
and the value of the service to the entity
receiving it. 31 U.S.C. 9701(b). The
Board’s fees transfer some of the cost of
funding the agency from the general
E:\FR\FM\07JYR1.SGM
07JYR1
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
taxpayer to the entity receiving the
benefit of a particular Board action.1
As stated in the NPRM, we believe
three sound public policy
considerations call for the Board to set
relatively low fees for filing a complaint.
Under the ICC Termination Act of
1995,2 Congress eliminated authority
previously held by the Interstate
Commerce Commission to initiate
investigations of alleged illegal or
unreasonable rates or practices. As a
result, the filing of a complaint by
shippers or other entities is often the
Board’s only mechanism for
investigating and addressing potential
rate violations or other unlawful
practices.
Second, it is possible that the
relatively high fees for filing formal
complaints under item 56(iv)—currently
$20,600—may be having a chilling effect
on shippers and other entities seeking to
bring a complaint to the Board. For
example, over the past 10 years, our Rail
Consumer and Public Assistance unit
has assessed hundreds of informal
complaints related to service and
demurrage, and although many have
been successfully resolved, several that
were unresolved did not become the
subjects of formal complaints. While we
presume that some of these cases were
not brought before the Board for reasons
unrelated to fees, the proposed fee
amendment would minimize any
chilling effect of high fees, and
encourage outside parties to bring
allegations of regulatory violations
before the Board for adjudication.
Finally, the proposed amendment
should result in better management of
the Board’s docket and use of Board
resources. Maintaining comparatively
low filing fees for petitions for
declaratory orders, coupled with the
high fee for complaints (other than rate
or competitive access complaints) under
fee item 56(iv), appears to have led
parties to seek broad declarations by the
Board rather than asking the Board to
resolve individual complaints. In some
cases, an individual complaint may
have been preferable, and the Board’s
fee structure should not be the deciding
factor in a party’s decision of what type
of case to bring.
Comments in support of the proposed
rules were filed individually by the U.S.
Department of Agriculture, National
Grain and Feed Association, the
Fertilizer Institute, the National
Industrial Transportation League,
Consumers United For Rail Equity
1 The fees established by the Board for specific
services offset the Board’s appropriated funding,
and do not directly add to it.
2 Public Law 104–88, 109 Stat. 803 (1995).
VerDate Mar<15>2010
13:26 Jul 06, 2011
Jkt 223001
(CURE), and jointly by Western Coal
Traffic League, American Public Power
Association, and National Rural Electric
Cooperative Association (collectively,
Coal Shippers). CURE and Coal
Shippers 3 also filed replies in support
of other parties’ initial comments. No
comments opposing any aspect of the
proposed rules were filed. For the
reasons set forth in this decision and in
the NPRM, we will adopt the proposal
in its entirety.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
List of Subjects in 49 CFR Part 1002
Administrative practice and
procedure, Common carriers, Freedom
of information.
Decided: July 1, 2011.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Mulvey.
Jeffrey Herzig,
Clearance Clerk.
Code of Federal Regulations
For reasons set forth in the preamble,
the Surface Transportation Board
amends title 49, chapter X, part 1002, of
the Code of Federal Regulations 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). Section
1002.1(g)(11) also issued under 5 U.S.C. 5514
and 31 U.S.C. 3717.
39789
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
RIN 0648–XA546
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish
and Pelagic Shelf Rockfish for Trawl
Catcher Vessels Participating in the
Entry Level Rockfish Fishery in the
Central Regulatory Area of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS deems it appropriate to
not open directed fishing for northern
rockfish and pelagic shelf rockfish (PSR)
for trawl catcher vessels participating in
the entry level rockfish fishery in the
Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2011 allocation
of northern rockfish and PSR to trawl
catcher vessels participating in the entry
level rockfish fishery in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 1, 2011, through 1200
hrs, A.l.t., September 1, 2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
NMFS
manages the groundfish fishery in the
■ 2. Revise § 1002.2, paragraph
GOA exclusive economic zone
(f)(56)(iv) to read as follows:
according to the Fishery Management
Plan for Groundfish of the Gulf of
§ 1002.2 Filing fees.
Alaska (FMP) prepared by the North
*
*
*
*
*
Pacific Fishery Management Council
(f) * * *
under authority of the MagnusonStevens Fishery Conservation and
Type of proceeding
Fee
Management Act. Regulations governing
fishing by U.S. vessels in accordance
*
*
*
*
*
with the FMP appear at subpart H of 50
PART V: FORMAL PROCEEDINGS
CFR part 600 and 50 CFR part 679.
The 2011 allocations of northern
rockfish and PSR for vessels
*
*
*
*
*
participating in the entry level trawl
(56) * * *.
(iv) All other formal comfishery in the Central Regulatory Area of
plaints (except competitive
the GOA are 0 metric tons as established
access complaints) ............
$350 by the final 2011 and 2012 harvest
specifications for groundfish in the GOA
(76 FR 11111, March 1, 2011).
*
*
*
*
*
Consequently, in accordance with
§ 679.83(a)(3), the Administrator, Alaska
[FR Doc. 2011–17020 Filed 7–6–11; 8:45 am]
Region, NMFS, deems it appropriate for
BILLING CODE 4915–01–P
conservation and management purposes
to not open directed fishing for northern
3 On reply, Coal Shippers included Edison
Electric Institute.
rockfish and PSR for trawl catcher
PO 00000
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Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39788-39789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17020]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1002
[Docket No. EP 542 (Sub-No. 18)]
Regulations Governing Fees for Services
AGENCY: Surface Transportation Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Board is amending the regulations governing user fees for
services performed. The amendment sets the fee for certain formal
complaints at $350.
DATES: Effective Date: This rule is effective on July 7, 2011.
ADDRESSES: Questions regarding this final rule should be in writing,
addressed to: Chief, Section of Administration, Office of Proceedings,
Surface Transportation Board, Attn: Docket No. EP 542 (Sub-No. 18), 395
E Street, SW., Washington, DC 20423-0001.
FOR FURTHER INFORMATION CONTACT: Valerie Quinn at 202-245-0382.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: On February 15, 2011, the Board served a
notice of proposed rulemaking (NPRM), in which it proposed amending the
Board's regulations governing user fees for services performed, 49 CFR
1002.2(f), Part V, by lowering the fee for sub-item 56(iv) [all other
formal complaints except competitive access] from $20,600 to $350.
Under the proposal, the fee for sub-items 56(i) [full Stand-Alone Cost
rate complaints] and 56(ii) [Simplified-SAC rate complaints] would be
set at $350, and the fee for sub-item 56(iii) [Three Benchmark rate
complaints], the most likely path to rate relief for small shippers,
would remain at $150.
The Board sets user fees in accordance with the Independent Offices
Appropriation Act of 1952 (IOAA). The IOAA directs agencies such as the
Board to establish fees for specific services that it provides to
identifiable recipients, so that the service provided may be ``self-
sustaining to the extent possible.'' 31 U.S.C. 9701(a). The fees must
be ``fair'' and be based on a variety of factors, including (but not
limited to) the costs to the agency of each covered service, public
policy or interest served, and the value of the service to the entity
receiving it. 31 U.S.C. 9701(b). The Board's fees transfer some of the
cost of funding the agency from the general
[[Page 39789]]
taxpayer to the entity receiving the benefit of a particular Board
action.\1\
---------------------------------------------------------------------------
\1\ The fees established by the Board for specific services
offset the Board's appropriated funding, and do not directly add to
it.
---------------------------------------------------------------------------
As stated in the NPRM, we believe three sound public policy
considerations call for the Board to set relatively low fees for filing
a complaint. Under the ICC Termination Act of 1995,\2\ Congress
eliminated authority previously held by the Interstate Commerce
Commission to initiate investigations of alleged illegal or
unreasonable rates or practices. As a result, the filing of a complaint
by shippers or other entities is often the Board's only mechanism for
investigating and addressing potential rate violations or other
unlawful practices.
---------------------------------------------------------------------------
\2\ Public Law 104-88, 109 Stat. 803 (1995).
---------------------------------------------------------------------------
Second, it is possible that the relatively high fees for filing
formal complaints under item 56(iv)--currently $20,600--may be having a
chilling effect on shippers and other entities seeking to bring a
complaint to the Board. For example, over the past 10 years, our Rail
Consumer and Public Assistance unit has assessed hundreds of informal
complaints related to service and demurrage, and although many have
been successfully resolved, several that were unresolved did not become
the subjects of formal complaints. While we presume that some of these
cases were not brought before the Board for reasons unrelated to fees,
the proposed fee amendment would minimize any chilling effect of high
fees, and encourage outside parties to bring allegations of regulatory
violations before the Board for adjudication.
Finally, the proposed amendment should result in better management
of the Board's docket and use of Board resources. Maintaining
comparatively low filing fees for petitions for declaratory orders,
coupled with the high fee for complaints (other than rate or
competitive access complaints) under fee item 56(iv), appears to have
led parties to seek broad declarations by the Board rather than asking
the Board to resolve individual complaints. In some cases, an
individual complaint may have been preferable, and the Board's fee
structure should not be the deciding factor in a party's decision of
what type of case to bring.
Comments in support of the proposed rules were filed individually
by the U.S. Department of Agriculture, National Grain and Feed
Association, the Fertilizer Institute, the National Industrial
Transportation League, Consumers United For Rail Equity (CURE), and
jointly by Western Coal Traffic League, American Public Power
Association, and National Rural Electric Cooperative Association
(collectively, Coal Shippers). CURE and Coal Shippers \3\ also filed
replies in support of other parties' initial comments. No comments
opposing any aspect of the proposed rules were filed. For the reasons
set forth in this decision and in the NPRM, we will adopt the proposal
in its entirety.
---------------------------------------------------------------------------
\3\ On reply, Coal Shippers included Edison Electric Institute.
---------------------------------------------------------------------------
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects in 49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information.
Decided: July 1, 2011.
By the Board, Chairman Elliott, Vice Chairman Begeman, and
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
Code of Federal Regulations
For reasons set forth in the preamble, the Surface Transportation
Board amends title 49, chapter X, part 1002, of the Code of Federal
Regulations as follows:
PART 1002--FEES
0
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). Section 1002.1(g)(11) also issued under 5 U.S.C. 5514
and 31 U.S.C. 3717.
0
2. Revise Sec. 1002.2, paragraph (f)(56)(iv) to read as follows:
Sec. 1002.2 Filing fees.
* * * * *
(f) * * *
------------------------------------------------------------------------
Type of proceeding Fee
------------------------------------------------------------------------
* * * * *
PART V: FORMAL PROCEEDINGS
------------------------------------------------------------------------
* * * * *
(56) * * *................................................
(iv) All other formal complaints (except competitive $350
access complaints)......................................
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
[FR Doc. 2011-17020 Filed 7-6-11; 8:45 am]
BILLING CODE 4915-01-P
