Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2011 Update, 46628-46632 [2011-19416]
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46628
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Rules and Regulations
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
srobinson on DSK4SPTVN1PROD with RULES
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
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16:09 Aug 02, 2011
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complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction because it
involves the establishment of a
temporary safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
(3) The ‘‘designated representative’’ of
the Captain of the Port, Sector Lake
Michigan, is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan, to act
on his or her behalf. The designated
representative of the Captain of the Port,
Sector Lake Michigan, will be aboard
either a Coast Guard or Coast Guard
Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan, or his or her designated
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan, or his or her designated
representative may be contacted via
VHF Channel 16.
(5) Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the Captain of the Port, Sector
Lake Michigan, or his or her designated
representative.
Dated: July 21, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2011–19604 Filed 8–2–11; 8:45 am]
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
BILLING CODE 9110–04–P
2. Add § 165.T09–0717 to read as
follows:
Surface Transportation Board
■
§ 165.T09–0717 Safety Zone; Discovery
World Private Party Fireworks Display,
Milwaukee, Wisconsin.
(a) Location. The following area is a
temporary safety zone: All waters of
Milwaukee Harbor, in the vicinity of the
Discovery World pier in Milwaukee
Wisconsin, within a 700 foot radius
from the fireworks launch site located
on land in position 43°02′11″ N,
087°53′37″ W.
(b) Effective and enforcement period.
This rule will be effective and enforced
from 9:30 p.m. to 10:30 p.m. on both
July 31, 2011 and again on August 26,
2011.
(c) Regulations.
(1) In accordance with the general
regulations in section 165.23 of this
part, entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her
designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her
designated representative.
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 1002
[Docket No. EP 542 (Sub–No. 19)]
Regulations Governing Fees for
Services Performed in Connection
With Licensing and Related Services—
2011 Update
Surface Transportation Board.
Final rule.
AGENCY:
ACTION:
The Board adopts its 2011
User-Fee Update and revises its fee
schedule to reflect a combination of
increased and decreased costs, resulting
from a freeze on wage and salary
increases in 2011, coupled with changes
to the Board’s overhead & publication
costs.
SUMMARY:
Effective Date: These rules are
effective on September 2, 2011.
FOR FURTHER INFORMATION CONTACT:
David T. Groves, (202) 245–0327, or
Anne Quinlan, (202) 245–0309. TDD for
the hearing impaired: 1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
Board’s regulations at 49 CFR 1002.3
provide for annual update of the Board’s
entire User-Fee schedule. Fees are
DATES:
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Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Rules and Regulations
generally revised based on the coststudy formula set forth at 49 CFR
1002.3(d). The fee changes adopted here
reflect a combination of the unchanged
wage and salary costs from the 2010
User Fee Update decision plus changes
to the various Board overhead and
publication costs (one increased and
three decreased from their comparable
2010 levels), resulting from the
mechanical application of the update
formula in 49 CFR 1002.3(d). Results
from the formula application indicate
that justified fee amounts in this 2011
update decision either remain
unchanged (113 fee or sub-fee items) or
decreased (12 fee or sub-fee items) from
their respective 2010 update levels. No
new fees are proposed in this
proceeding. Therefore, the Board finds
that notice and comment are
unnecessary for this proceeding. See
Regulations Governing Fees For
Services—1990 Update, 7 I.C.C.2d 3
(1990); Regulations Governing Fees For
Services—1991 Update, 8 I.C.C.2d 13
(1991); and Regulations Governing Fees
For Services—1993 Update, 9 I.C.C.2d
855 (1993).
The Board concludes that the fee
changes adopted here will not have a
significant economic impact on a
substantial number of small entities
because the Board’s regulations provide
for waiver of filing fees for those entities
that can make the required showing of
financial hardship.
Additional information is contained
in the Board’s decision. To obtain a free
copy of the full decision, visit the
Board’s Web site at https://
www.stb.dot.gov or call the Board’s
Information Officer at (202) 245–0245.
Assistance for the hearing impaired is
available through Federal Information
Relay Services (FIRS): (800) 877–8339.
List of Subjects in 49 CFR Part 1002
Administrative practice and
procedure, Common carriers, and
Freedom of information.
Decided: July 27, 2011.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Mulvey.
Jeffrey Herzig,
Clearance Clerk.
Code of Federal Regulations
For the reasons set forth in the
preamble, title 49, chapter X, part 1002,
of the Code of Federal Regulations is
amended as follows:
PART 1002—FEES
1. The authority citation for part 1002
continues to read as follows:
■
Authority: 5 U.S.C. 552(a)(4)(A) and 553;
31 U.S.C. 9701 and 49 U.S.C. 721(a).
*
*
*
*
*
■ 2. In § 1002.2, paragraph (f) is revised
as follows:
§ 1002.2
*
Filing fees.
*
*
*
*
(f) Schedule of filing fees.
srobinson on DSK4SPTVN1PROD with RULES
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 division of traffic ..............................................................................................
(2)(i) An application involving the 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 U.S.C. 13541 (other than a rulemaking) filed by a non-rail carrier not
otherwise covered.
(iii) A petition to revoke an exemption filed under 49 U.S.C. 13541(d) ............................................................
(3) An application for approval of a non-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 ..................................................................................................................................
(ii) Minor amendment .........................................................................................................................................
(5) An application for temporary authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i) .............
(6) A notice of exemption for transaction 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 authorizing the extension, acquisition, or operation of lines of railroad. 49
U.S.C. 10901.
(ii) Notice of exemption under 49 CFR 1150.31–1150.35 .................................................................................
(iii) Petition for exemption under 49 U.S.C. 10502 ............................................................................................
(12)(i) An application involving the construction of a rail line ...................................................................................
(ii) A notice of exemption involving construction of a rail line under 49 CFR 1150.36 .....................................
(iii) A petition for exemption under 49 U.S.C. 10502 involving construction of a rail line ................................
(iv) A request for determination of a 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 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 class III carrier to acquire an extended or additional rail line under 49
U.S.C. 10902.
(ii) Notice of exemption under 49 CFR 1150.41–1150.45 .................................................................................
(iii) Petition for exemption under 49 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 public convenience and necessity under 49 CFR 1150.21–1150.24 ......
(16) An application for a land-use-exemption permit for a facility existing as of October 16, 2008 under 49
U.S.C. 10909.
(17) An application for a land-use-exemption 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 Proceedings:
(21)(i) An application for authority to 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).
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46629
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$4,400.
$2,000.
$3,200.
$2,600.
$27,500.
$4,600.
$100.
$500.
$1,700.
$7,200.
$1,800.
$12,500.
$74,500.
$1,800.
$74,500.
$250.
$2,600.
$6,200.
$1,800.
$6,600.
$1,600.
$6,000.
$21,100.
$22,100.
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Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
Type of proceeding
Fee
(ii) Notice of an exempt abandonment or discontinuance under 49 CFR 1152.50 ..........................................
(iii) A petition for exemption under 49 U.S.C. 10502 ........................................................................................
(22) An application for authority to 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 railroads ........................................................................................................
(24) A request for waiver of filing requirements for abandonment application proceedings ....................................
(25) An offer of financial assistance under 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 for the sale of or subsidy for a rail line proposed to be abandoned ...
(27)(i) A request for a trail use condition in an abandonment proceeding under 16 U.S.C.1247(d) .......................
(ii) A request to extend the period to 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 facilities or other applications under 49 U.S.C. 11102 ...............................
(37) An application for the pooling or 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 ...........................................................................................................................................
(ii) Significant transaction ...................................................................................................................................
(iii) Minor transaction ..........................................................................................................................................
(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) .........................................................................
(v) Responsive application .................................................................................................................................
(vi) Petition for exemption under 49 U.S.C. 10502 ...........................................................................................
(vii) A request for waiver or 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 ...........................................................................................................................................
(ii) Significant transaction ...................................................................................................................................
(iii) Minor transaction ..........................................................................................................................................
(iv) A notice of an exempt transaction under 49 CFR 1180.2(d) ......................................................................
(v) Responsive application .................................................................................................................................
(vi) Petition for exemption under 49 U.S.C. 10502 ...........................................................................................
(vii) A request for waiver or 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 ...........................................................................................................................................
(ii) Significant transaction ...................................................................................................................................
(iii) Minor transaction ..........................................................................................................................................
(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) .........................................................................
(v) Responsive application .................................................................................................................................
(vi) Petition for exemption under 49 U.S.C. 10502 ...........................................................................................
(vii) A request for waiver or 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 ...........................................................................................................................................
(ii) Significant transaction ...................................................................................................................................
(iii) Minor transaction ..........................................................................................................................................
(iv) Notice of an exempt transaction under 49 CFR 1180.2(d) .........................................................................
(v) Responsive application .................................................................................................................................
(vi) Petition for exemption under 49 U.S.C. 10502 ...........................................................................................
(vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49
CFR 1180.2(a).
(42) Notice of a joint project involving relocation of a rail line under 49 CFR 1180.2(d)(5) ....................................
(43) An application for approval of a rail 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 ..................................................................................................................................
(ii) Minor amendment .........................................................................................................................................
(45) An application for authority to hold a position as officer or director under 49 U.S.C. 11328 ...........................
(46) A petition for exemption under 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise
covered.
(47) National Railroad Passenger Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562 ................
(48) National Railroad Passenger 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 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 maximum rates filed under the Simplified-SAC methodology.
(iii) A formal complaint involving rail maximum rates filed under the Three Benchmark methodology ............
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$3,600.
$6,300.
$450.
$1,800.
$1,800.
$1,500.
$22,600.
$250.
$450.
$18,900.
$10,200.
$1,488,500.
$297,700.
$7,500.
$1,700.
$7,500.
$9,300.
$5,500.
$1,488,500.
$297,700.
$7,500.
$1,300.
$7,500.
$9,300.
$5,500.
$1,488,500.
$297,700.
$7,500.
$1,100.
$7,500.
$9,300.
$5,500.
$1,488,500.
$297,700.
$7,500.
$1,400.
$7,500.
$6,600.
$5,500.
$2,400.
$69,700.
$12,900.
$100.
$750.
$8,000.
$250.
$250.
$350.
$350.
$150.
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Rules and Regulations
Type of proceeding
Fee
srobinson on DSK4SPTVN1PROD with RULES
(iv) All other formal complaints (except competitive access complaints) ..........................................................
(v) Competitive access complaints ....................................................................................................................
(vi) A request for an order compelling a rail carrier to establish a common carrier rate ..................................
(57) A complaint seeking or a petition 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 involving a dispute over an existing rate or practice which is comparable
to a complaint proceeding.
(ii) All other petitions for declaratory order ........................................................................................................
(59) An application for shipper antitrust immunity. 49 U.S.C. 10706(a)(5)(A) ..................................................
(60) Labor arbitration proceedings ............................................................................................................................
(61)(i) An appeal of a Surface 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 Transportation Board decision on procedural matters except discovery rulings ...
(62) Motor carrier undercharge proceedings ............................................................................................................
(63)(i) Expedited relief for service 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 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 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 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 short notice or the waiver of other tariff publishing requirements ...
(78) The filing of tariffs, including supplements, or contract summaries ..................................................................
(79) Special docket applications from rail and water carriers:
(i) Applications involving $25,000 or less ..........................................................................................................
(ii) Applications involving over $25,000 .............................................................................................................
(80) Informal complaint about rail rate applications ..................................................................................................
(81) Tariff reconciliation petitions from motor common carriers:
(i) Petitions involving $25,000 or less ................................................................................................................
(ii) Petitions involving over $25,000 ...................................................................................................................
(82) Request for a determination of the applicability or reasonableness of motor carrier rates under 49 U.S.C.
13710(a)(2) and (3).
(83) Filing of documents for recordation. 49 U.S.C. 11301 and 49 CFR 1177.3(c). ...............................................
(84) Informal opinions about rate applications (all modes) ......................................................................................
(85) A railroad accounting interpretation ...................................................................................................................
(86)(i) A request for an informal opinion not otherwise covered ..............................................................................
(ii) A proposal to use on a voting 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 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 .......................................................................................................................................................
(ii) Answer (per defendant), Unless Declining to Submit to Any Arbitration .....................................................
(iii) Third Party Complaint ..................................................................................................................................
(iv) Third Party Answer (per defendant), Unless Declining to Submit to Any Arbitration .................................
(v) Appeals of Arbitration Decisions or Petitions to Modify or Vacate an Arbitration Award ............................
(88) Basic fee for STB adjudicatory services not otherwise covered .......................................................................
(89)–(95) [Reserved].
PART VII: Services:
(96) Messenger delivery of decision to a railroad carrier’s Washington, DC agent .................................................
(97) Request for service or pleading 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 .....................................................................................................................................
(B) Sliding cost portion ...............................................................................................................................
(ii) Does require a Federal Register notice:
(A) Set cost portion .....................................................................................................................................
(B) Sliding cost portion ...............................................................................................................................
(99)(i) Application fee for the Surface Transportation Board’s Practitioners’ Exam .................................................
(ii) Practitioners’ Exam Information Package .....................................................................................................
(100) Carload Waybill Sample data:
(i) Requests for Public Use File for all years prior to the most current year Carload Waybill Sample data
available, provided on CD–R.
(ii) Specialized programming for Waybill requests to the Board .......................................................................
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$350.
$150.
$250.
$8,800.
$1,000.
$1,400.
$7,000.
$250.
$250.
$350.
$250.
$250.
$250.
$550.
$1,200.
$100.
$1 per page.
($24 minimum charge).
$75.
$150.
$600.
$75.
$150.
$200.
$41 per document.
$250.
$1,100.
$1,400.
$5,100.
$500.
$75.
$75.
$75.
$75.
$150.
$250.
$32 per delivery.
$24 per list.
$150.
$47 per party.
$400.
$47 per party.
$150.
$25.
$250 per year.
$112 per hour.
46632
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Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Rules and Regulations
*
*
(TDD) may call the Federal Information
Relay Service (FIRS) at 800/877–8339,
24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2011–19416 Filed 8–2–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2010–0059;
92220–1113–0000–C6]
RIN 1018–AW26
Endangered and Threatened Wildlife
and Plants; Removal of Echinacea
tennesseensis (Tennessee Purple
Coneflower) From the Federal List of
Endangered and Threatened Plants
Fish and Wildlife Service,
Interior.
ACTION: Final rule; availability of final
post-delisting monitoring plan.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service or USFWS),
are removing the plant Echinacea
tennesseensis (commonly referred to as
Tennessee purple coneflower) from the
List of Endangered and Threatened
Plants. This action is based on a
thorough review of the best scientific
and commercial data available, which
indicate that this species has recovered
and no longer meets the definition of
threatened or endangered under the
Endangered Species Act of 1973, as
amended (Act). Our review of the status
of this species shows that populations
are stable, threats are addressed, and
adequate regulatory mechanisms are in
place so that the species is not
currently, and is not likely to again
become, an endangered species within
the foreseeable future in all or a
significant portion of its range. Finally,
we announce the availability of the final
post-delisting monitoring plan for E.
tennesseensis.
SUMMARY:
This rule is effective on
September 2, 2011.
ADDRESSES: Copies of the post-delisting
monitoring plan are available by request
from the Tennessee Ecological Services
Field Office (see FOR FURTHER
INFORMATION CONTACT) or online at:
https://www.fws.gov/cookeville/ and
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mary E. Jennings, Field Supervisor, U.S.
Fish and Wildlife Service, Tennessee
Ecological Services Field Office, 446
Neal Street, Cookeville, TN 38501
(telephone 931/528–6481; facsimile
931/528–7075). Persons who use a
telecommunications device for the deaf
srobinson on DSK4SPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
16:09 Aug 02, 2011
Jkt 223001
Previous Federal Actions
Section 12 of the Act (16 U.S.C. 1531
et seq.) directed the Secretary of the
Smithsonian Institution to prepare a
report on those plants considered to be
endangered, threatened, or extinct. On
July 1, 1975, the Service published a
notice in the Federal Register (40 FR
27824) accepting the Smithsonian report
as a petition to list taxa named therein
under section 4(c)(2) [now 4(b)(3)] of the
Act and announced our intention to
review the status of those plants.
Echinacea tennesseensis was included
in that report (40 FR 27873). Tennessee
purple coneflower is the common name
for E. tennesseensis; however, we will
primarily use the scientific name of this
species throughout this final rule.
On June 16, 1976, we published a
proposed rule in the Federal Register
(41 FR 24524) to designate
approximately 1,700 vascular plant
species, including Echinacea
tennesseensis, as endangered under
section 4 of the Act. On June 6, 1979,
we published a final rule in the Federal
Register (44 FR 32604) designating E.
tennesseensis as endangered. The final
rule identified the following threats to
E. tennesseensis: Loss of habitat due to
residential and recreational
development; collection of the species
for commercial or recreational purposes;
grazing; no State law protecting rare
plants in Tennessee; and succession of
cedar glade communities in which E.
tennesseensis occurred.
On February 14, 1983, we published
the Tennessee Coneflower Recovery
Plan (Service 1983, 41 pp.), a revision
of which we published on November 14,
1989 (Service 1989, 30 pp.). On
September 21, 2007, we initiated a 5year status review of this species (72 FR
54057). On August 12, 2010, we
published a proposed rule to remove
Echinacea tennesseensis from the List of
Endangered and Threatened Plants,
provided notice of the availability of a
post-delisting monitoring plan, and
opened a 60-day public comment period
(75 FR 48896).
Species Information
A member of the sunflower family
(Asteraceae), Echinacea tennesseensis is
a perennial herb with a long, fusiform
(i.e., thickened toward the middle and
tapered towards either end), blackened
root. In late summer, the species bears
showy purple flower heads on one-tomany hairy branches. Linear to lanceshaped leaves up to 20 centimeters (cm;
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
8 inches (in.)) long and 1.5 cm (0.6 in.)
wide arise from the base of E.
tennesseensis and are beset with coarse
hairs, especially along the margins. The
ray flowers (i.e., petals surrounding the
darker purple flowers of the central
disc) are pink to purple and spread
horizontally or arch slightly forward
from the disc to a length of 2–4 cm (0.8–
1.8 in.).
The following description of this
species’ life history is summarized from
Hemmerly (1986, pp. 193–195): Seeds
are shed from plants during fall and
winter and begin germinating in early
March of the following year, producing
numerous seedlings by late March. Most
of the seedling growth occurs during the
first 6 or 7 weeks of the first year, during
which plants will grow to a height of 2–
3 cm (0.8–1.2 in) or less. Plants remain
in a rosette stage and root length
increases rapidly during these weeks.
Plants can reach sexual maturity by the
middle of their second growing season
and only small losses in seed viability
have been observed after a period of 5
years in dry storage (Hemmerly 1976, p.
17). However, Baskin and Baskin (1989,
p. 66) suggest that Echinacea
tennesseensis might not form persistent
seed banks, based on results of field
germination trials. Individuals of E.
tennesseensis can live up to at least 6
years, but the maximum lifespan is
probably much longer (Baskauf 1993, p.
37).
Echinacea tennesseensis was first
collected in 1878 in Rutherford County,
Tennessee, by Dr. A. Gattinger and later
described by Beadle (1898, p. 359) as
Brauneria tennesseensis on the basis of
specimens collected by H. Eggert in
1897 from ‘‘a dry, gravelly hill’’ near the
town of LaVergne. Fernald (1900, pp.
86–87) did not accept Beadle’s
identification of B. tennesseensis as a
distinct species, instead he merged it
with the more widespread E.
angustifolia. This treatment was upheld
by many taxonomists until McGregor
(1968, pp. 139–141) classified the taxon
as E. tennesseensis (Beadle) Small,
based on examination of materials from
collections discussed above and from
collections by R. McVaugh in 1936. As
McGregor (1968, p. 141) was unable to
locate any plants while conducting
searches during the months of June
through August, 1959–1961, he
concluded that the species was very rare
or possibly extinct in his monograph of
the genus Echinacea. The species went
unnoticed until its rediscovery in a
cedar glade in Davidson County as
reported by Baskin et al. (1968, p. 70),
and subsequently in Wilson County by
Quarterman and Hemmerly (1971, pp.
304–305), who also noted that the area
E:\FR\FM\03AUR1.SGM
03AUR1
]]>Agencies
[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Rules and Regulations]
[Pages 46628-46632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19416]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1002
[Docket No. EP 542 (Sub-No. 19)]
Regulations Governing Fees for Services Performed in Connection
With Licensing and Related Services--2011 Update
AGENCY: Surface Transportation Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Board adopts its 2011 User-Fee Update and revises its fee
schedule to reflect a combination of increased and decreased costs,
resulting from a freeze on wage and salary increases in 2011, coupled
with changes to the Board's overhead & publication costs.
DATES: Effective Date: These rules are effective on September 2, 2011.
FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245-0327, or
Anne Quinlan, (202) 245-0309. TDD for the hearing impaired: 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: The Board's regulations at 49 CFR 1002.3
provide for annual update of the Board's entire User-Fee schedule. Fees
are
[[Page 46629]]
generally revised based on the cost-study formula set forth at 49 CFR
1002.3(d). The fee changes adopted here reflect a combination of the
unchanged wage and salary costs from the 2010 User Fee Update decision
plus changes to the various Board overhead and publication costs (one
increased and three decreased from their comparable 2010 levels),
resulting from the mechanical application of the update formula in 49
CFR 1002.3(d). Results from the formula application indicate that
justified fee amounts in this 2011 update decision either remain
unchanged (113 fee or sub-fee items) or decreased (12 fee or sub-fee
items) from their respective 2010 update levels. No new fees are
proposed in this proceeding. Therefore, the Board finds that notice and
comment are unnecessary for this proceeding. See Regulations Governing
Fees For Services--1990 Update, 7 I.C.C.2d 3 (1990); Regulations
Governing Fees For Services--1991 Update, 8 I.C.C.2d 13 (1991); and
Regulations Governing Fees For Services--1993 Update, 9 I.C.C.2d 855
(1993).
The Board concludes that the fee changes adopted here will not have
a significant economic impact on a substantial number of small entities
because the Board's regulations provide for waiver of filing fees for
those entities that can make the required showing of financial
hardship.
Additional information is contained in the Board's decision. To
obtain a free copy of the full decision, visit the Board's Web site at
https://www.stb.dot.gov or call the Board's Information Officer at (202)
245-0245. Assistance for the hearing impaired is available through
Federal Information Relay Services (FIRS): (800) 877-8339.
List of Subjects in 49 CFR Part 1002
Administrative practice and procedure, Common carriers, and Freedom
of information.
Decided: July 27, 2011.
By the Board, Chairman Elliott, Vice Chairman Begeman, and
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
Code of Federal Regulations
For the reasons set forth in the preamble, title 49, chapter X,
part 1002, of the Code of Federal Regulations is amended as follows:
PART 1002--FEES
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).
* * * * *
0
2. In Sec. 1002.2, paragraph (f) is revised as follows:
Sec. 1002.2 Filing fees.
* * * * *
(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 division of $4,400.
traffic.
(2)(i) An application involving the purchase, lease, $2,000.
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 U.S.C. 13541 $3,200.
(other than a rulemaking) filed by a non-rail
carrier not otherwise covered.
(iii) A petition to revoke an exemption filed under $2,600.
49 U.S.C. 13541(d).
(3) An application for approval of a non-rail rate $27,500.
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.......................... $4,600.
(ii) Minor amendment............................... $100.
(5) An application for temporary authority to operate a $500.
motor carrier of passengers. 49 U.S.C. 14303(i).
(6) A notice of exemption for transaction within a $1,700.
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 authorizing $7,200.
the extension, acquisition, or operation of lines of
railroad. 49 U.S.C. 10901.
(ii) Notice of exemption under 49 CFR 1150.31- $1,800.
1150.35.
(iii) Petition for exemption under 49 U.S.C. 10502. $12,500.
(12)(i) An application involving the construction of a $74,500.
rail line.
(ii) A notice of exemption involving construction $1,800.
of a rail line under 49 CFR 1150.36.
(iii) A petition for exemption under 49 U.S.C. $74,500.
10502 involving construction of a rail line.
(iv) A request for determination of a dispute $250.
involving a rail construction that crosses the
line of another carrier under 49 U.S.C. 10902(d).
(13) A Feeder Line Development Program application $2,600.
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 class III $6,200.
carrier to acquire an extended or additional rail line
under 49 U.S.C. 10902.
(ii) Notice of exemption under 49 CFR 1150.41- $1,800.
1150.45.
(iii) Petition for exemption under 49 U.S.C. 10502 $6,600.
relating to an exemption from the provisions of 49
U.S.C. 10902.
(15) A notice of a modified certificate of public $1,600.
convenience and necessity under 49 CFR 1150.21-1150.24.
(16) An application for a land-use-exemption permit for $6,000.
a facility existing as of October 16, 2008 under 49
U.S.C. 10909.
(17) An application for a land-use-exemption permit for $21,100.
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 Proceedings:
(21)(i) An application for authority to abandon all or $22,100.
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).
[[Page 46630]]
(ii) Notice of an exempt abandonment or $3,600.
discontinuance under 49 CFR 1152.50.
(iii) A petition for exemption under 49 U.S.C. $6,300.
10502.
(22) An application for authority to abandon all or a $450.
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.......... $1,800.
(24) A request for waiver of filing requirements for $1,800.
abandonment application proceedings.
(25) An offer of financial assistance under 49 U.S.C. $1,500.
10904 relating to the purchase of or subsidy for a
rail line proposed for abandonment.
(26) A request to set terms and conditions for the sale $22,600.
of or subsidy for a rail line proposed to be abandoned.
(27)(i) A request for a trail use condition in an $250.
abandonment proceeding under 16 U.S.C.1247(d).
(ii) A request to extend the period to negotiate a $450.
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 facilities or $18,900.
other applications under 49 U.S.C. 11102.
(37) An application for the pooling or division of $10,200.
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.............................. $1,488,500.
(ii) Significant transaction....................... $297,700.
(iii) Minor transaction............................ $7,500.
(iv) Notice of an exempt transaction under 49 CFR $1,700.
1180.2(d).
(v) Responsive application......................... $7,500.
(vi) Petition for exemption under 49 U.S.C. 10502.. $9,300.
(vii) A request for waiver or clarification of $5,500.
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.............................. $1,488,500.
(ii) Significant transaction....................... $297,700.
(iii) Minor transaction............................ $7,500.
(iv) A notice of an exempt transaction under 49 CFR $1,300.
1180.2(d).
(v) Responsive application......................... $7,500.
(vi) Petition for exemption under 49 U.S.C. 10502.. $9,300.
(vii) A request for waiver or clarification of $5,500.
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.............................. $1,488,500.
(ii) Significant transaction....................... $297,700.
(iii) Minor transaction............................ $7,500.
(iv) Notice of an exempt transaction under 49 CFR $1,100.
1180.2(d).
(v) Responsive application......................... $7,500.
(vi) Petition for exemption under 49 U.S.C. 10502.. $9,300.
(vii) A request for waiver or clarification of $5,500.
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.............................. $1,488,500.
(ii) Significant transaction....................... $297,700.
(iii) Minor transaction............................ $7,500.
(iv) Notice of an exempt transaction under 49 CFR $1,400.
1180.2(d).
(v) Responsive application......................... $7,500.
(vi) Petition for exemption under 49 U.S.C. 10502.. $6,600.
(vii) A request for waiver or clarification of $5,500.
regulations filed in a major financial proceeding
as defined at 49 CFR 1180.2(a).
(42) Notice of a joint project involving relocation of $2,400.
a rail line under 49 CFR 1180.2(d)(5).
(43) An application for approval of a rail rate $69,700.
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.......................... $12,900.
(ii) Minor amendment............................... $100.
(45) An application for authority to hold a position as $750.
officer or director under 49 U.S.C. 11328.
(46) A petition for exemption under 49 U.S.C. 10502 $8,000.
(other than a rulemaking) filed by rail carrier not
otherwise covered.
(47) National Railroad Passenger Corporation (Amtrak) $250.
conveyance proceeding under 45 U.S.C. 562.
(48) National Railroad Passenger Corporation (Amtrak) $250.
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 coal rate $350.
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 maximum $350.
rates filed under the Simplified-SAC methodology.
(iii) A formal complaint involving rail maximum $150.
rates filed under the Three Benchmark methodology.
[[Page 46631]]
(iv) All other formal complaints (except $350.
competitive access complaints).
(v) Competitive access complaints.................. $150.
(vi) A request for an order compelling a rail $250.
carrier to establish a common carrier rate.
(57) A complaint seeking or a petition requesting $8,800.
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 involving a $1,000.
dispute over an existing rate or practice which is
comparable to a complaint proceeding.
(ii) All other petitions for declaratory order..... $1,400.
(59) An application for shipper antitrust immunity. $7,000.
49 U.S.C. 10706(a)(5)(A).
(60) Labor arbitration proceedings..................... $250.
(61)(i) An appeal of a Surface Transportation Board $250.
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 Board $350.
decision on procedural matters except discovery
rulings.
(62) Motor carrier undercharge proceedings............. $250.
(63)(i) Expedited relief for service inadequacies: A $250.
request for expedited relief under 49 U.S.C. 11123 and
49 CFR part 1146 for service emergency.
(ii) Expedited relief for service inadequacies: A $250.
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 $550.
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 released $1,200.
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 short $100.
notice or the waiver of other tariff publishing
requirements.
(78) The filing of tariffs, including supplements, or $1 per page.
contract summaries. ($24 minimum 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 applications... $600.
(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 applicability $200.
or reasonableness of motor carrier rates under 49
U.S.C. 13710(a)(2) and (3).
(83) Filing of documents for recordation. 49 U.S.C. $41 per document.
11301 and 49 CFR 1177.3(c)..
(84) Informal opinions about rate applications (all $250.
modes).
(85) A railroad accounting interpretation.............. $1,100.
(86)(i) A request for an informal opinion not otherwise $1,400.
covered.
(ii) A proposal to use on a voting trust agreement $5,100.
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 a voting $500.
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 Declining to $75.
Submit to Any Arbitration.
(iii) Third Party Complaint........................ $75.
(iv) Third Party Answer (per defendant), Unless $75.
Declining to Submit to Any Arbitration.
(v) Appeals of Arbitration Decisions or Petitions $150.
to Modify or Vacate an Arbitration Award.
(88) Basic fee for STB adjudicatory services not $250.
otherwise covered.
(89)-(95) [Reserved]...................................
PART VII: Services:
(96) Messenger delivery of decision to a railroad $32 per delivery.
carrier's Washington, DC agent.
(97) Request for service or pleading list for $24 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....................... $47 per party.
(ii) Does require a Federal Register notice:
(A) Set cost portion........................... $400.
(B) Sliding cost portion....................... $47 per party.
(99)(i) Application fee for the Surface Transportation $150.
Board's Practitioners' Exam.
(ii) Practitioners' Exam Information Package....... $25.
(100) Carload Waybill Sample data:
(i) Requests for Public Use File for all years $250 per year.
prior to the most current year Carload Waybill
Sample data available, provided on CD-R.
(ii) Specialized programming for Waybill requests $112 per hour.
to the Board.
----------------------------------------------------------------------------------------------------------------
[[Page 46632]]
* * * * *
[FR Doc. 2011-19416 Filed 8-2-11; 8:45 am]
BILLING CODE 4915-01-P
