Regulations Governing Fees for Services, 39788-39789 [2011-17020]

Download as PDF 39788 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations Community No. State and location Muscatine County, Unincorporated Areas. Nichols, City of, Muscatine County ....... 190836 190214 Oakville, City of, Louisa County ............ 190313 Raymond, City of, Black Hawk County 190024 Wapello, City of, Louisa County ............ 190194 Waterloo, City of, Black Hawk County .. 190025 Welton, City of, Clinton County ............. 190089 West Liberty, City of, Muscatine County 190215 Wilton, City of, Muscatine County ......... 190686 Missouri: Bland, City of, Gasconade County ........ 290139 Gasconade, City of, Gasconade County 290140 Hermann, City of, Gasconade County .. 290141 Owensville, City of, Gasconade County 290143 Region VIII North Dakota: Velva, City of, McHenry County ............ 380051 Velva, Township of, McHenry County ... 380310 Villard, Township of, McHenry County .. 380317 Date certain Federal assistance no longer available in SFHAs 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. June 6, 1975, Emerg; October 17, 1986, Reg; July 18, 2011, Susp. August 5, 1975, Emerg; August 1, 1986, Reg; July 18, 2011, Susp. July 2, 1975, Emerg; July 11, 1978, Reg; July 18, 2011, Susp. June 4, 1976, Emerg; September 1, 1986, 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 Frm 00026 Fmt 4700 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 Frm 00027 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]



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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.



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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\

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    \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).

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    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.

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    \3\ On reply, Coal Shippers included Edison Electric Institute.

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    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

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                                * * * * *

                       PART V: FORMAL PROCEEDINGS

 

------------------------------------------------------------------------

                                * * * * *

 (56) * * *................................................

   (iv) All other formal complaints (except competitive             $350

   access complaints)......................................

 

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                                * * * * *

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[FR Doc. 2011-17020 Filed 7-6-11; 8:45 am]

BILLING CODE 4915-01-P