§ 1002.1

Fees for copying, certification, and services in connection therewith. Certifications and copies of such tariffs, reports and other public records and documents on file with the Interstate Commerce Commission, as may be practicable to furnish, will be made on the following basis:

(a) Certificate of the Secretary, $1. (b) Services involved in examination of tariffs or schedules for preparation of photostat copies or certified copies of tariffs or schedules or extracts therefrom at the rate of $6 per hour.

(c) Services involved in checking records to be certified to determine authenticity, the clerical work, etc., incidental thereto, at the rate of $3 per hour.

(d) Photostat copies of tariffs, reports and other documents, at the rate of $1.20 per exposure. Copy of one or more

pages may be made with one exposure, depending on size of page.

(e) Xerox copy of tariffs, reports and other documents, 25 cents per letter-size or legal-size sheet.

(f) Minimum charge of $1 will be made for copying service.

(g) Payment for services described in paragraphs (a) through (f) of this section may be made in cash or by postal money order or check payable to the order of the Secretary, Interstate Commerce Commission, Washington, D.C., and forwarded to his office.

(h) Transcript of testimony and of oral argument, or extracts therefrom, may be purchased by the public from the Commission's official reporter, the CSA Reporting Corporation, 300 Seventh Street SW., Washington, D.C. 20024. Transcripts will be furnished to the public at the following maximum rates per page of approximately 200 words: 85 cents per page for regular copy and $1.75 per page for daily copy for hearings or arguments held at Washington, D.C., and

85 cents per page for regular copy and $1.95 per page for daily copy for hearings or agruments held at points in the United States other than Washington, D.C., and other than in the States of Alaska and Hawaii.

Application for copies and payment therefor should be made direct to the official reporter.

NOTE: The following statement of policy relating to the matter of the official reporting service for the Interstate Commerce Commission, dated June 11, 1964, appears at 29 F.R. 8418, July 3, 1964.

During the past five years, the Commission has experienced serious difficulty obtaining responsive bids for its reporting services contract. Only one responsive bid was received each year during this period. For fiscal year 1965, beginning July 1, 1964, the Commission received no responsive bids to its invitation for bids on the contract for reporting services.

The lack of bidders for the contract results from the steadily decreasing sales of copies of the official transcript by the Official Reporter. It was brought to the Commission's attention that the decrease in sales is directly connected with the recopying of the transcript by the Practitioners in Commission proceedings from sources other than the Official Reporter. On a number of occasions the members of the Commission's bar through their committee representatives have been Informed by the Commission that the continuance of the practice of recopying transcripts by sources other than the Official Reporter would jeopardize efforts to obtain bidders for contracts for reporting services.

However, despite assurances that the unofficial recopying practice would be discouraged, there has been little affect upon the sales of official copies. The sale of official copies has continued to decrease with the result that, as stated, no responsive bids were received to the Commission's recent invitation for bids for the reporting contract for fiscal year 1965. Since the present contract for reporting services expires June 30, 1964, the Commission was confronted with the serious situation of having no reporter service available to record the hundreds of hearings scheduled for July 1964 as well as those which will be held during the remainder of the year. In order to prevent a cessation of Commission proceedings, steps were immediately taken to negotiate a contract with the present Official Reporter. These negotiations were successfully concluded only after the contractor was assured that the Commission would take affirmative measures to discourage the practice of recopying transcripts of hearings by unofficial sources. In addition, the Commission agreed to permit the contractor to cancel the field portion of the contract upon 30 day's notice in the event that these measures proved unsuccessful.

The Commission having been informed of this matter announces the following statement of policy:

The Commission has determined that it is in the public interest to limit to the fullest extent possible the cost of purchases of the official transcripts by the general public. In addition, the Commission is aware that the Official Reporter's ability to perform the duties set forth in the contract will be seriously impaired if his sales of copies of these official transcripts decrease, and that this would adversely affect the Commission's ability to perform its statutory duties to the detriment of the public interest. Practitioners before the Commission have a duty to uphold the policies of the Commission with respect to its procedures; therefore, it is the Commission's firm policy to discourage the reproduction of copies of transcript from any source other than the Official Reporter. A statement of the Commission's policy shall be made by the Hearing Officer or by a Joint Board in each Commission proceeding.

[32 F.R. 20010, Dec. 20, 1967, as amended at 34 F.R. 18041, Nov. 7, 1969]

in the United States or money order payable in U.S. currency.

(b) Fees not refundable. Fees will be assessed for every filing in the types of proceedings listed in the schedule of fees contained in paragraph (d) of this section. After the application, petition, notice, tariff, contract, or other document has been accepted for filing by the Commission, the filing fee will not be refunded, regardless of whether the application, petition, notice, tariff, contract, or other document is granted or approved, denied, dismissed, or withdrawn. If an application, petition, notice, tariff, contract, or other document is rejected by the Commission as incomplete or for some other reason, the fee will be returned.

(c) Related or consolidated proceedings. (1) Separate fees need not be paid on related applications filed by the same applicant which would be the subject of one proceeding, such as a single petition for modification of more than one certificate or permit held by the same person; a related plan of track relocation, joint use, purchase of trackage rights, and issuance of securities; a section 5 motor common carrier acquisition application combined with a related section 207 application for a certificate of public convenience and necessity; or the like. In such instances, the only fee to be assessed will be that applicable to the embraced proceeding which carries the highest filing fee as listed in paragraph (d) of this section:

(2) Separate fees will be assessed for the filing of temporary authority applications as provided in paragraph (d) (6) of this section, regardless of whether such applications are related to an application for corresponding permanent authority.

(3) The Commission may reject concurrently filed applications, petitions, notices, contracts, or other documents asserted to be related and refund the filing fee if, in its judgment, they embrace two or more severable matters which should be the subject of separate proceedings.

(d) Schedule of filing fees.1

1 Except as noted, statutory references are to the Interstate Commerce Act. The proceedings for which fees are assessed are arranged in four major categories.

TYPE OF PROCEEDING FEE

PART I: APPLICATION FOR OPERATING AUTHORITY
OR EXEMPTIONS

(1) An application for a certificate
authorizing the construction, ex-
tension, acquisition, or operation
of lines of railroad. Section 1 (18) –
(20)
(2) A motor carrier exemption ap-
plication. Section 204a (4a) –
(3) An application for motor com-
mon carrier authority, including
an application for a certificate of
registration. Sections 206 and
206 (a) (6)
(4) An application for motor con-
tract carrier authority. Section
209

----

(5) A petition to renew authority to transport explosives under section 206 or 209-

(6) An application for motor carrier temporary authority. Section 210(a)

(7) An extension of the time period

during which an outstanding application for emergency temporary authority as defined in 49 CFR 1131.1(b) (1); may continue‒‒‒‒‒‒ (8) A petition to modify permits of motor carriers by the addition of a shipper or shippers for whom service may be performed under section 209___

$700

350

PART III: APPLICATIONS TO ENTER UPON A PARTICULAR FINANCIAL TRANSACTION OR JOINT ARRANGEMENT

350

350

(9) An application for a broker's license. Section 211. (10) A water carrier exemption application. Section 302 or 303_-_(11) An application for water common carrier authority. Section 309 (a)

350

350

350

(13) An application for water carrier temporary authority. Section 311(a)

(14) An application for freight forwarder authority. Section 410---(15) A petition to remove or alter an operating restriction contained in a certificate or permit and petitions seeking modification, clarification, or interpretation of a certificate or permit. "No fee is required for a request seeking the modification of a certificate or permit only to the extent of making a correction or a change in the name presently appearing therein of (a) a shipper or owner of a plantsite, or (b) a geographical point or highway”. (16) An application for authority to deviate from authorized regular route, 49 CFR Part 1042____.

60

350

200

15

(19) An application for use of terminal facilities. Section 3(5)--(20) An application for the pooling or division of traffic. Section 5(1)_ (21) An application of two or more carriers to consolidate or merge their properties or franchises, or any part thereof, into one corporation for the ownership, management, and operation of the properties theretofore in separate ownership. Section 5(2)_. (22) An application of a noncarrier to acquire control of two or more carriers through ownership of stock or otherwise. Section 5(2)-(23) 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. Section 5(2)-(24) 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. Section 5(2) ‒‒ (25) An application for a determination of fact of competition. Section 5(15)---

(26) An application for approval of, or to amend, a rate association agreement. Section 5a_-(27) All applications for authority to hold a position as officer or director. Section 20a (12)‒‒‒‒‒‒ (28) An application to issue securities; an application to assume obligation or liability in respect to securities of another; an application or petition for modification of an outstanding authorization; or an application for exemption from competitive bidding requirements of Ex Parte No. 158, 49 CFR. 1115.25. Sections 20a, 20b, or 214(29) An application for temporary authority to operate a motor or water carrier. Section 210a (b) or 311(b)

(30) An application for transfer or lease of a certificate or permit, including a certificate of registra

150

100

700

700

700

700

100

300

10

200

60

250

200

PART IV: OTHER PROCEEDINGS (33) An application for relief from the long-and-short-haul and aggregate-of-intermediate provisions, including applications for relief with respect to additional commodities, origins or destinations, but not including petitions for modification of conditions, effective or not yet effective of outstanding orders, or amendments to applications not yet disposed of. Section 4---. (34) An application for authority to establish released value rates or ratings, except that no fee will be assessed for applications seeking such authority in connection with reduced rates established to relieve distress caused by drought or other calamitous visitation under section 22(1) of the act. Sections 20(11), 219, 413--(35) An application for special permission for short notice or the waiver of tariff-publishing requirements, including applications to extend or eliminate the scheduled expiration date of an outstanding special permission or to broaden the application thereof to additional territory or tariffs, except amendments to pending applications not yet disposed of, and applications to postpone the effectiveness of suspended schedules, when carrier or agent is requested to do so, in order to afford the Commission more time for disposition of the proceeding or to postpone the scheduled effective date of protested schedules or those for which a fourth-section application has been filed, in order to afford the boards more time within which to process the protests or applications....... (36) Application for basic (original) valuation of a pipeline carrier's operating property. Section 19a 10/hour (37) Application for each annual valuation of a pipeline carrier's operating property as of the close

of any calendar year following the

carrier's basic valuation. Section 198.2

(38) Freight forwarder contracts and amendments thereto. Section 409-

(39) An application for original qualification as an insurer, surety, or self-insurer___

(40) An annual qualification service fee for insurer, surety, or selfinsurer accepted certificate of insurance or surety bond ($50 minimum)

(41) A petition for waiver of any provision of the lease and interchange regulations, 49 CFR Part 1057.

(42) A petition for reinstatement of revoked operating authority----(43) A request that the Commission amend its records to reflect a

15

change in the name of a motor carrier, water carrier, or freight forwarder, not involving a change in ownership, management, or control, that is subject to the jurisdiction of the Commission.......... (44) A petition to define or redefine a commercial zone, or to remove the exemption applicable to commercial zone movements and a petition for individual determination of the exempt areas within which air cargo pickup and delivery service or transportation of air passengers may be performed. Sections 203(b)(7a), 203 (b) (8); 49 CFR 1047.40 (c) and 1047.45 (45) A complaint seeking or a petition requesting institution of an investigation seeking the prescription of divisions of joint rates, fares, or charges. Section 15(6). [36 F.R. 11294, June 11, 1971, as amended at 36 F.R. 17432, Aug. 31, 1971]

(၁)

150

700

EFFECTIVE DATE: By notice (36 F.R. 16228, Aug. 20, 1971) the effective date of § 1002.2 was indefinitely postponed, As noted at 37 F.R. 215, Jan. 7, 1972 the order of post

The following fees are based on the carrier's size:

Cost of reproduction

(millions)

Under 10_

10-29.9

30-49.9

50-74.9

20

75-99.9

100-14.9

150-199.9

200-299.9

Over 300..

3 $1 per contract.

Fee

$50

200

500

700

1,000

1,300

1,850

2,500.

4,300

$10 per accepted certificate of insurance

or surety bond ($50 minimum).