Filing Fee Waiver Requests, 83830-83832 [2020-28408]
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
of their children; family functioning,
disposable income or poverty; or the
behavior and personal responsibility of
youth, as determined under section
654(c) of the Treasury and General
Government Appropriations Act of
1999.
Paperwork Reduction Act of 1995
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that OMB
approve all collections of information
by a federal agency from the public
before they can be implemented. This
rule is projected to have no impact on
current reporting and recordkeeping
burden for health centers. This rule
would result in no new reporting
burdens. HHS welcomed but did not
receive comments that this rule would
result in new reporting burdens for
health centers.
List of Subjects in 42 CFR Part 51c
Grant programs—Health, Health care,
Health facilities, Reporting and
recordkeeping requirements.
Dated: December 16, 2020.
Thomas J. Engels,
Administrator, Health Resources and Services
Administration.
Dated: December 17, 2020.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
Accordingly, by the authority vested
in me as the Secretary of Health and
Human Services, and for the reasons set
forth in the preamble, 42 Code of
Federal Regulations Part 51c is amended
as follows:
PART 51c—GRANTS FOR
COMMUNITY HEALTH CENTERS
1. The authority statement for part 51c
is revised to read as follows:
■
Authority: 42 U.S.C. 254b (Sec. 330, Public
Health Service Act); 42 U.S.C. 216 (Sec. 215,
Public Health Service Act,).
2. Section 51c.303 is amended by
adding paragraph (w) to read as follows:
■
§ 51c.303
Project elements.
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(w)(1) Provision. To the extent that an
applicant for funding under Section
330(e) of the Public Health Service Act
(42 U.S.C. 254b(e)) has indicated that it
plans to distribute, either directly, or
through a written agreement, drugs
purchased through the 340B Drug
Pricing Program (42 U.S.C. 256b), and to
the extent that such applicant plans to
make insulin and/or injectable
epinephrine available to its patients, the
applicant shall provide an assurance
that it has established practices to
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provide insulin and injectable
epinephrine at or below the discounted
price paid by the health center grantee
or subgrantee under the 340B Drug
Pricing Program (plus a minimal
administration fee) to health center
patients with low incomes, as
determined by the Secretary, who have
a high cost sharing requirement for
either insulin or injectable epinephrine;
have a high unmet deductible; or have
no health insurance.
(2) Definitions. For purposes of this
paragraph (w) exclusively:
(i) Established practices. The health
center has written policies, procedures,
and/or other relevant documents that it
has established practices to offer insulin
and injectable epinephrine at no more
than the discounted price paid by the
health center under the 340B Drug
Pricing Program plus a minimal
administration fee. Such established
practices may reflect that provision of
insulin and injectable epinephrine at or
below the 340B discounted price is
subject to potential restrictions through
contracts with third-party payors.
(ii) Health center grantee or
subgrantee. Organizations receiving an
award under section 330(e) of the PHS
Act (i.e., health centers) directly or as
subgrantees of section 330(e) grant
funding.
(iii) Minimal administration fee. The
minimal administration fee includes
any dispensing fee, counseling costs,
and any other charges associated with
the patient receiving the medication.
The administration fee may not create a
barrier to low-income health center
patients accessing these drugs, and
health centers should make every
reasonable effort to keep the fee as low
as possible. Health centers may refer to
the Medicaid dispensing fee in their
state as a reference for minimal
administration fees. When there is a
separate fee associated with provision of
the pharmaceutical service, such as a
dispensing fee, health centers must
apply a sliding fee discount to that fee.
(iv) Individuals with low incomes.
Individuals and families with annual
incomes no greater than 350 percent of
the Federal Poverty Guidelines.
(v) High cost sharing requirement. A
cost sharing requirement that exceeds
twenty percent of the amount the health
center charges its patients for the drug
is a high cost sharing requirement. Cost
sharing refers to a patient’s out-ofpocket costs, including, but not limited
to, deductibles, coinsurance, and
copayments, or similar charges.
(vi) High deductible. High deductible
refers to a deductible amount that is not
less than the amount required for a high
deductible health plan as defined in
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section 223(c)(2)(A) of the Internal
Revenue Code, as implemented by the
Internal Revenue Service.
(vii) High unmet deductible. High
unmet deductible refers to the amount
a patient owes toward their high
deductible at any time during a plan
year in which the outstanding
deductible portion exceeds 20 percent
of the total deductible for the plan year.
(viii) Health insurance. Health
insurance refers to private insurance,
State and exchange plans, employerfunded plans, and coverage under titles
XVIII, XIX, and XXI of the Social
Security Act.
(ix) ‘‘Patient.’’ an individual is not be
considered a ‘‘patient’’ of the health
center if the only health care service
received by the individual from the
health center is the dispensing of a drug
or drugs for subsequent selfadministration or administration in the
home setting.
[FR Doc. 2020–28483 Filed 12–22–20; 8:45 am]
BILLING CODE 4165–15–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1002
[Docket No. EP 758]
Filing Fee Waiver Requests
Surface Transportation Board.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Surface Transportation
Board (Board or STB) clarifies and
updates its rules regarding requests to
waive or reduce certain filing fees.
DATES: This rule is effective on January
22, 2021.
FOR FURTHER INFORMATION CONTACT:
Jonathon Binet at (202) 245–0368.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: The
Independent Offices Appropriations Act
(IOAA), codified at 31 U.S.C. 9701,
provides that each service of value
provided by an agency to a person
(except those on official business of the
U.S. Government) shall be selfsustaining to the extent possible and,
accordingly, permits agencies to
establish fees for services provided by
the agency. The Office of Management
and Budget (OMB) subsequently
established a policy of full cost recovery
for government services under which
agencies must assess and collect user
fees. OMB Circular A–25, User Charges
(July 8, 1993). Under these authorities,
the Board’s predecessor—the Interstate
Commerce Commission (ICC)—adopted
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the fee structure at 49 CFR 1002.2 to
‘‘cover all the [agency’s] expenses,
including administrative expenses.’’ See
Crystal City R.R.—Aban. Exemption—in
LaSalle, Zavala, & Dimmit Cntys., Tex.,
AB 427X et al., slip op. at 2 (ICC served
Aug. 22, 1995).
The Board’s regulations also provide
for waiver or reduction of filing fees in
certain limited circumstances. Under 49
CFR 1002.2(e)(1), the Board’s filing fees
generally are waived for filings made by
a federal government agency or a state
or local government entity.1
Additionally, in ‘‘extraordinary
situations,’’ a filing fee may be waived
or reduced if the applicant shows that
the waiver or reduction is in the best
interest of the public or that payment of
the fee would impose an undue
hardship on the requestor. 49 CFR
1002.2(e)(2)(ii).
In 2000, the Board issued a policy
statement that clarified its anticipated
approach to fee waivers in several
respects. Reguls. Governing Fees for
Serv. 5 S.T.B. 352 (2000). As relevant
here, the Board clarified that for state
and local government entities, fees
would be assessed pursuant to section
1002.2 ‘‘to any entity (a state or local
governmental entity, a quasigovernmental entity, or a governmentsubsidized transportation company) that
owns or proposes to own a carrier, or
that is a shipper, and comes before the
Board in that capacity. . . . The fee
waiver will be available to a state or
local government entity that is not
acting in the capacity of a carrier or
shipper.’’ 5 S.T.B. at 355. The Board
also stated that ‘‘[f]ees will also be
assessed to quasi-governmental
corporations or government-subsidized
transportation companies for any filing
submitted for which there is a fee.’’ Id.
The Board has determined that it is
appropriate to clarify its regulations and
codify certain existing policies and
practices to promote transparency and
assist stakeholders who are considering
requesting a waiver or reduction of
filing fees. The Board will amend 49
CFR 1002.2(e)(1) to provide, consistent
with Regulations Governing Fees for
Services, that the fee waiver for
government entities is not available to
(1) quasi-governmental entities or
government-subsidized transportation
companies, or (2) any state and local
1 For purposes of section 1002.2(e)(1), the phrases
‘‘federal government agency’’ or ‘‘government
entity’’ do not include a quasi-governmental entity
or government-subsidized transportation company.
The Board has indicated that a quasi-governmental
entity can include a public service corporation. See
Reguls. Governing Fees for Servs. Performed in
Connection with Licensing & Related Servs.—Pol’y
Statement, 5 S.T.B. 352, 354–55 (2000).
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government entity that is acting in the
capacity of a carrier or shipper, or any
such entity that owns or proposes to
own a carrier and is before the agency
in its proprietary role. As explained in
Regulations Governing Fees for Services,
when government entities are acting in
a commercial capacity, they should be
treated the same as any other entity that
acts in a commercial capacity for
purposes of fee waivers. 5 S.T.B. at 354–
55.2 This approach balances Congress’
policy that agencies provide services in
a manner that is ‘‘self-sustaining to the
extent possible’’ through collection of
fees, 31 U.S.C. 9701(a), with the
agency’s longstanding view that
government entities should not
generally be charged fees when the
benefits of their actions flow to the
general public. See 5 S.T.B. at 354–55.
The Board will also clarify in section
1002.2(e)(1) and (e)(2) how applicants
for fee waivers or reductions will be
notified of decisions on their requests,
consistent with the Board’s existing
practices. In certain circumstances
when a fee waiver request is granted
under section 1002.2(e)(1) during the
processing of the filing, the filing will be
stamped ‘‘Filing Fee Waived’’ and
posted in the public docket, and the
Board need not provide any further
notice to the applicant that the fee
waiver request was granted.3 In all other
circumstances, if a request for a fee
waiver or reduction is granted or denied
under either section 1002.2(e)(1) or
(e)(2), the Board, through the Chief of
the Section of Administration in the
Office of Proceedings, will notify the
applicant by letter.4
Additionally, the Board has held that
third parties lack any legal interest in,
and therefore cannot challenge or
appeal, the grant or denial of a fee
waiver or reduction request. Hartwell
First United Methodist Church—
Adverse Aban. & Discontinuance—
Great Walton R.R., AB 1242 (STB served
June 2, 2017). The Board will codify that
principle by amending 49 CFR 1002.2(e)
to provide that third-party appeals of fee
2 The fee waiver for federal government agencies,
which is based on the IOAA’s waiver for persons
on official business of the United States
Government, will continue to apply. Reguls.
Governing Fees for Serv., 5 S.T.B. at 353.
3 This process is only used in limited
circumstances where it is clear that the governmententity applicant qualifies for a waiver of the fee
(e.g., when a government entity requests to extend
a negotiating period under a notice of interim trail
use or abandonment).
4 Pursuant to 49 CFR 1104.12(d), service of
decisions and other Board issuances as appropriate
will be made by electronic means except in the case
of paper filers that have not consented to e-service,
in which case service upon that recipient will be
made by mail.
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83831
waiver or reduction decisions are not
permitted.
Finally, the Board will amend the
language in 49 CFR 1002.2(e) to
consistently refer to the entity seeking a
fee waiver or reduction as the ‘‘fee
waiver applicant.’’
Administrative Procedure Act
Under the Administrative Procedure
Act (APA), the public generally may
participate in the promulgation of rules
through a notice and comment period.
5 U.S.C. 553(b) & (c). However, an
agency may publish ‘‘rules of agency
organization, procedure, or practice’’ in
final form without notice and comment.
See 5 U.S.C. 553(b)(3)(A). Because the
Board has determined that these
updates to its regulations relate to
agency organization, practice, and
procedure, the Board finds that notice
and public comment on these changes is
unnecessary.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601–612, generally
requires an agency to prepare a
regulatory flexibility analysis of any
rules subject to notice-and-comment
rulemaking requirements, unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Because the Board has determined that
notice and comment are not required
under the APA for these rulemakings,
the requirements of the RFA do not
apply.
Paperwork Reduction Act
These final rules do not require a new
or amended information collection
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3521.
Congressional Review Act
The Board has determined that this
action is not a rule as defined by the
Congressional Review Act, 5 U.S.C.
804(3).
List of Subjects in 49 CFR Part 1002
Administrative Practice and
procedure, Common carriers, Freedom
of information.
It is ordered:
1. The Board adopts the final rules as
set forth in this decision. Notice of the
adopted rules will be published in the
Federal Register.
2. This decision is effective on
January 22, 2021.
Decided: December 17, 2020.
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Jeffrey Herzig,
Clearance Clerk.
(iii) Board action. The Chief, Section
of Administration, Office of Proceedings
will notify the fee waiver applicant of
the decision to grant or deny the request
for waiver or reduction.
(3) Review. No third-party appeals of
fee waiver or reduction decisions are
permitted.
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For the reasons set forth in the
preamble, the Surface Transportation
Board amends part 1002 of title 49,
chapter X, of the Code of Federal
Regulations as follows:
[FR Doc. 2020–28408 Filed 12–22–20; 8:45 am]
PART 1002—FEES
BILLING CODE 4915–01–P
1. The authority citation for part 1002
continues to read as follows:
■
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B),
and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321.
2. Amend § 1002.2 by revising
paragraphs (e)(1), (e)(2)(i), (ii), and (iii)
and adding paragraph (e)(3) to read as
follows:
■
§ 1002.2
Filing fees.
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(e) * * *
(1) Except as noted in this paragraph
(e)(1), filing fees are waived for an
application, petition, notice, tariff,
contract summary, or other document
that is filed by a federal government
agency or a state or local government
entity. A fee waiver is not available
under this paragraph for a quasigovernmental entity or governmentsubsidized transportation company. A
fee waiver is also not available to any
state or local government entity that is
acting in the capacity of a carrier or
shipper or that owns or proposes to own
a carrier and is before the agency in its
proprietary role.
(i) When to request. At the time that
a filing is submitted to the Board, the fee
waiver applicant may request a waiver
of the fee prescribed in this part. Such
request should be addressed to the
Chief, Section of Administration, Office
of Proceedings, Surface Transportation
Board.
(ii) Board action. The Board will
either stamp the relevant filing with the
notation ‘‘Filing Fee Waived,’’ or the fee
waiver applicant will be notified of the
decision to grant or deny the request for
waiver by the Chief, Section of
Administration, Office of Proceedings.
(2) * * *
(i) When to request. At the time that
a filing is submitted to the Board, the fee
waiver applicant may request a waiver
or reduction of the fee prescribed in this
part. Such request should be addressed
to the Chief, Section of Administration,
Office of Proceedings.
(ii) Basis. The fee waiver applicant
must show the waiver or reduction of
the fee is in the best interest of the
public, or that payment of the fee would
impose an undue hardship on the fee
waiver applicant.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XA699]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
SUMMARY: NMFS is transferring 19.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) from the 28.9-mt General category
December 2021 subquota to the January
through March 2021 subquota period.
This action is based on consideration of
the regulatory determination criteria
regarding inseason adjustments and
applies to Atlantic tunas General
category (commercial) permitted vessels
and Atlantic Highly Migratory Species
(HMS) Charter/Headboat category
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: Effective January 1, 2021,
through March 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, sarah.mclaughlin@
noaa.gov, 978–281–9260, Nicholas
Velseboer, nicholas.velseboer@
noaa.gov, or Larry Redd, larry.redd@
noaa.gov, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
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and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Atlantic HMS Fishery Management Plan
(2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006) and
amendments. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The current baseline General and
Reserve category quotas are 555.7 mt
and 29.5 mt, respectively. See
§ 635.27(a). Each of the General category
time periods (January through March,
June through August, September,
October through November, and
December) is allocated a ‘‘subquota’’ or
portion of the annual General category
quota. The baseline subquotas for each
time period are as follows: 29.5 mt for
January through March; 277.9 mt for
June through August; 147.3 mt for
September; 72.2 mt for October through
November; and 28.9 mt for December.
Any unused General category quota
rolls forward from one time period to
the next and is available for use in
subsequent time periods.
Transfer of 19.5 mt From the December
2021 Subquota to the January Through
March 2021 Subquota
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria provided under § 635.27(a)(8).
NMFS has considered all of the relevant
determination criteria and their
applicability to this inseason quota
transfer. These considerations include,
but are not limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
General category fishermen and
provided by BFT dealers provide
valuable data for ongoing scientific
studies of BFT age and growth,
migration, and reproductive status.
Additional opportunity to land BFT,
and potentially over a greater portion of
the January through March time period,
would support the continued collection
of a broad range of data for these studies
and for stock monitoring purposes.
NMFS also considered the catches of
the General category quota to date
(including in December 2020 and during
the winter fishery in the last several
years), and the likelihood of closure of
that segment of the fishery if no
adjustment is made (§ 635.27(a)(8)(ii)
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]]>Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Rules and Regulations]
[Pages 83830-83832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28408]
=======================================================================
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SURFACE TRANSPORTATION BOARD
49 CFR Part 1002
[Docket No. EP 758]
Filing Fee Waiver Requests
AGENCY: Surface Transportation Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board or STB) clarifies and
updates its rules regarding requests to waive or reduce certain filing
fees.
DATES: This rule is effective on January 22, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: The Independent Offices Appropriations Act
(IOAA), codified at 31 U.S.C. 9701, provides that each service of value
provided by an agency to a person (except those on official business of
the U.S. Government) shall be self-sustaining to the extent possible
and, accordingly, permits agencies to establish fees for services
provided by the agency. The Office of Management and Budget (OMB)
subsequently established a policy of full cost recovery for government
services under which agencies must assess and collect user fees. OMB
Circular A-25, User Charges (July 8, 1993). Under these authorities,
the Board's predecessor--the Interstate Commerce Commission (ICC)--
adopted
[[Page 83831]]
the fee structure at 49 CFR 1002.2 to ``cover all the [agency's]
expenses, including administrative expenses.'' See Crystal City R.R.--
Aban. Exemption--in LaSalle, Zavala, & Dimmit Cntys., Tex., AB 427X et
al., slip op. at 2 (ICC served Aug. 22, 1995).
The Board's regulations also provide for waiver or reduction of
filing fees in certain limited circumstances. Under 49 CFR
1002.2(e)(1), the Board's filing fees generally are waived for filings
made by a federal government agency or a state or local government
entity.\1\ Additionally, in ``extraordinary situations,'' a filing fee
may be waived or reduced if the applicant shows that the waiver or
reduction is in the best interest of the public or that payment of the
fee would impose an undue hardship on the requestor. 49 CFR
1002.2(e)(2)(ii).
---------------------------------------------------------------------------
\1\ For purposes of section 1002.2(e)(1), the phrases ``federal
government agency'' or ``government entity'' do not include a quasi-
governmental entity or government-subsidized transportation company.
The Board has indicated that a quasi-governmental entity can include
a public service corporation. See Reguls. Governing Fees for Servs.
Performed in Connection with Licensing & Related Servs.--Pol'y
Statement, 5 S.T.B. 352, 354-55 (2000).
---------------------------------------------------------------------------
In 2000, the Board issued a policy statement that clarified its
anticipated approach to fee waivers in several respects. Reguls.
Governing Fees for Serv. 5 S.T.B. 352 (2000). As relevant here, the
Board clarified that for state and local government entities, fees
would be assessed pursuant to section 1002.2 ``to any entity (a state
or local governmental entity, a quasi-governmental entity, or a
government-subsidized transportation company) that owns or proposes to
own a carrier, or that is a shipper, and comes before the Board in that
capacity. . . . The fee waiver will be available to a state or local
government entity that is not acting in the capacity of a carrier or
shipper.'' 5 S.T.B. at 355. The Board also stated that ``[f]ees will
also be assessed to quasi-governmental corporations or government-
subsidized transportation companies for any filing submitted for which
there is a fee.'' Id.
The Board has determined that it is appropriate to clarify its
regulations and codify certain existing policies and practices to
promote transparency and assist stakeholders who are considering
requesting a waiver or reduction of filing fees. The Board will amend
49 CFR 1002.2(e)(1) to provide, consistent with Regulations Governing
Fees for Services, that the fee waiver for government entities is not
available to (1) quasi-governmental entities or government-subsidized
transportation companies, or (2) any state and local government entity
that is acting in the capacity of a carrier or shipper, or any such
entity that owns or proposes to own a carrier and is before the agency
in its proprietary role. As explained in Regulations Governing Fees for
Services, when government entities are acting in a commercial capacity,
they should be treated the same as any other entity that acts in a
commercial capacity for purposes of fee waivers. 5 S.T.B. at 354-55.\2\
This approach balances Congress' policy that agencies provide services
in a manner that is ``self-sustaining to the extent possible'' through
collection of fees, 31 U.S.C. 9701(a), with the agency's longstanding
view that government entities should not generally be charged fees when
the benefits of their actions flow to the general public. See 5 S.T.B.
at 354-55.
---------------------------------------------------------------------------
\2\ The fee waiver for federal government agencies, which is
based on the IOAA's waiver for persons on official business of the
United States Government, will continue to apply. Reguls. Governing
Fees for Serv., 5 S.T.B. at 353.
---------------------------------------------------------------------------
The Board will also clarify in section 1002.2(e)(1) and (e)(2) how
applicants for fee waivers or reductions will be notified of decisions
on their requests, consistent with the Board's existing practices. In
certain circumstances when a fee waiver request is granted under
section 1002.2(e)(1) during the processing of the filing, the filing
will be stamped ``Filing Fee Waived'' and posted in the public docket,
and the Board need not provide any further notice to the applicant that
the fee waiver request was granted.\3\ In all other circumstances, if a
request for a fee waiver or reduction is granted or denied under either
section 1002.2(e)(1) or (e)(2), the Board, through the Chief of the
Section of Administration in the Office of Proceedings, will notify the
applicant by letter.\4\
---------------------------------------------------------------------------
\3\ This process is only used in limited circumstances where it
is clear that the government-entity applicant qualifies for a waiver
of the fee (e.g., when a government entity requests to extend a
negotiating period under a notice of interim trail use or
abandonment).
\4\ Pursuant to 49 CFR 1104.12(d), service of decisions and
other Board issuances as appropriate will be made by electronic
means except in the case of paper filers that have not consented to
e-service, in which case service upon that recipient will be made by
mail.
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Additionally, the Board has held that third parties lack any legal
interest in, and therefore cannot challenge or appeal, the grant or
denial of a fee waiver or reduction request. Hartwell First United
Methodist Church--Adverse Aban. & Discontinuance--Great Walton R.R., AB
1242 (STB served June 2, 2017). The Board will codify that principle by
amending 49 CFR 1002.2(e) to provide that third-party appeals of fee
waiver or reduction decisions are not permitted.
Finally, the Board will amend the language in 49 CFR 1002.2(e) to
consistently refer to the entity seeking a fee waiver or reduction as
the ``fee waiver applicant.''
Administrative Procedure Act
Under the Administrative Procedure Act (APA), the public generally
may participate in the promulgation of rules through a notice and
comment period. 5 U.S.C. 553(b) & (c). However, an agency may publish
``rules of agency organization, procedure, or practice'' in final form
without notice and comment. See 5 U.S.C. 553(b)(3)(A). Because the
Board has determined that these updates to its regulations relate to
agency organization, practice, and procedure, the Board finds that
notice and public comment on these changes is unnecessary.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612,
generally requires an agency to prepare a regulatory flexibility
analysis of any rules subject to notice-and-comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because the Board has determined that notice and comment are not
required under the APA for these rulemakings, the requirements of the
RFA do not apply.
Paperwork Reduction Act
These final rules do not require a new or amended information
collection under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521.
Congressional Review Act
The Board has determined that this action is not a rule as defined
by the Congressional Review Act, 5 U.S.C. 804(3).
List of Subjects in 49 CFR Part 1002
Administrative Practice and procedure, Common carriers, Freedom of
information.
It is ordered:
1. The Board adopts the final rules as set forth in this decision.
Notice of the adopted rules will be published in the Federal Register.
2. This decision is effective on January 22, 2021.
Decided: December 17, 2020.
[[Page 83832]]
By the Board, Board Members Begeman, Fuchs, and Oberman.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the preamble, the Surface
Transportation Board amends part 1002 of title 49, chapter X, 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), (a)(6)(B), and 553; 31 U.S.C.
9701; and 49 U.S.C. 1321.
0
2. Amend Sec. 1002.2 by revising paragraphs (e)(1), (e)(2)(i), (ii),
and (iii) and adding paragraph (e)(3) to read as follows:
Sec. 1002.2 Filing fees.
* * * * *
(e) * * *
(1) Except as noted in this paragraph (e)(1), filing fees are
waived for an application, petition, notice, tariff, contract summary,
or other document that is filed by a federal government agency or a
state or local government entity. A fee waiver is not available under
this paragraph for a quasi-governmental entity or government-subsidized
transportation company. A fee waiver is also not available to any state
or local government entity that is acting in the capacity of a carrier
or shipper or that owns or proposes to own a carrier and is before the
agency in its proprietary role.
(i) When to request. At the time that a filing is submitted to the
Board, the fee waiver applicant may request a waiver of the fee
prescribed in this part. Such request should be addressed to the Chief,
Section of Administration, Office of Proceedings, Surface
Transportation Board.
(ii) Board action. The Board will either stamp the relevant filing
with the notation ``Filing Fee Waived,'' or the fee waiver applicant
will be notified of the decision to grant or deny the request for
waiver by the Chief, Section of Administration, Office of Proceedings.
(2) * * *
(i) When to request. At the time that a filing is submitted to the
Board, the fee waiver applicant may request a waiver or reduction of
the fee prescribed in this part. Such request should be addressed to
the Chief, Section of Administration, Office of Proceedings.
(ii) Basis. The fee waiver applicant must show the waiver or
reduction of the fee is in the best interest of the public, or that
payment of the fee would impose an undue hardship on the fee waiver
applicant.
(iii) Board action. The Chief, Section of Administration, Office of
Proceedings will notify the fee waiver applicant of the decision to
grant or deny the request for waiver or reduction.
(3) Review. No third-party appeals of fee waiver or reduction
decisions are permitted.
* * * * *
[FR Doc. 2020-28408 Filed 12-22-20; 8:45 am]
BILLING CODE 4915-01-P
