§ 1002.2 Filing fees.

(a) Manner of payment. (1) Except as specified in this section, all filing fees will be payable at the time and place the application, petition, notice, tariff, contract summary, or other document is tendered for filing. The filing fee for tariffs, including schedules, and contracts summaries including supplements (Item 78) may be charged to tariff filing fee accounts established by the Board in accordance with paragraph (a)(2) of this section.

(2) Billing account procedure. Form STB-1032 must be submitted to the Board's Section of Financial Services to establish a tariff filing fee account or an insurance service fee account.

(i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and printed. The billing cycle is the period between the billing date in one month and the billing date in the next month. A bill for each account which has activity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Payments received before the next billing date are applied to the account. Interest will accrue in accordance with 49 CFR 1018.30.

(ii) The Debt Collection Act of 1982, including disclosure to the consumer reporting agencies and the use of collection agencies, as prescribed in the Board's Debt Collection Regulations in 49 CFR part 1018, will be utilized to encourage payment where appropriate.

(iii) An account holder who files a petition in bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Chief, Section of Financial Services, Surface Transportation Board, Washington, DC:

(A) The filing date of the bankruptcy petition;

(B) The court in which the bankruptcy petition was filed;

(C) The type of bankruptcy proceeding;

(D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and

(E) The name, address, and telephone number of the bankruptcy trustee, if one has been appointed.

(3) Fees will be payable to the Secretary, Surface Transportation Board, by check payable in United States currency drawn upon funds deposited in a United States or foreign bank or other financial institution, money order payable in United States currency, or by credit card.

(b) Any filing, other than a tariff filing, that is not accompanied by the appropriate filing fee is deficient except for filings that satisfy the deferred payment procedures in paragraph (a) of this section. However, the Board may find that a tariff which is submitted without the appropriate filing fee is deficient and reject the tariff filing, if the filer repeatedly fails to submit the appropriate filing fee after the Board has advised the filer of the proper filing fee and tariff filing procedures.

(c) Fees not refundable. Fees will be assessed for every filing in the type of proceeding listed in the schedule of fees contained in paragraph (f) of this section, subject to the exceptions contained in paragraphs (d) and (e) of this section. After the application, petition, notice, tariff, contract, or other document has been accepted for filing by the Board, the filing fee will not be refunded, regardless of whether the application, petition, notice, tariff, contract, or other document is granted or approved, denied, rejected before docketing, dismissed, or withdrawn. If an individual exemption proceeding becomes a matter of general applicability and is handled through the rulemaking process, the Board will refund the filing fee.

(d) Related or consolidated proceedings. (1)(i) Except as provided for in paragraph (d)(1)(ii) of this section, separate fees need not be paid for related applications filed by the same applicant that would be the subject of one proceeding.

(ii) In proceedings filed under the rail consolidation procedures at 49 CFR part 1180, the applicable filing fee must be paid for each proceeding submitted concurrently with the primary application. The fee for each type of proceeding is set forth in the fee schedule

contained in paragraph (f) of this sec-
tion.

(2) A separate fee will be assessed for
the filing of an application for tem-
porary authority to operate a motor
carrier of passengers as provided for in
paragraph (f)(5) of this section regard-
less of whether such application is re-
lated to a corresponding transfer pro-
ceeding as provided for in paragraph
(f)(2) of this section.

(3) The Board may reject concur-
rently filed applications, petitions, no-
tices, contracts, or other documents
asserted to be related and refund the
filing fee if, in its judgment, they em-
brace two or more severable matters
wich should be the subject of separate
proceedings.

(e) Waiver or reduction of filing fees. It
is the general policy of the Board not
to waive or reduce filing fees except as
described below:

(1) Filing fees are waived for an ap-
plication or other proceeding which is
filed by a federal government agency,
or a state or local government entity.
For purposes of this section the
phrases "federal government agency"
or "government entity" do not include
a quasi-governmental corporation or
government subsidized transportation
company.

(2) In extraordinary situations the

Board will accept requests for waivers

or fee reductions in accordance with

the following procedure:

(i) When to request. At the time that

a filing is submitted to the Board the

applicant may request a waiver or re-

duction of the fee prescribed in this

part. Such request should be addressed

to the Secretary.

(ii) Basis. The 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 upon the requestor.

(iii) Board action. The Secretary will

notify the applicant of the decision to
grant or deny the request for waiver or
reduction.

(f) Schedule of filing fees.

Type of proceeding

Type of proceeding

(2) An application involving the purchase, lease,

consolidation, merger, or acquisition of control of

a motor carrier of passengers under 49 U.S.C.

14303

(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 oper-

ate a motor carrier of passengers. 49 U.S.C.

14303(i)

(6)-(10) [Reserved]

PART II: Rail Licensing Proceedings other than

Abandonment or Discontinuance Proceedings

(11):

(12):

Fee

PART I: Non-Rail Applications or Proceedings

to Enter Upon a Particular Financial Trans-

action or Joint Arrangement

Type of proceeding

(26) A request to set terms and conditions for the sale of or subsidy for a rail line proposed to be abandoned

(27) A request for a trail use condition in an abandonment proceeding under 16 U.S.C.1247(d) (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:

(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) All other formal complaints (except com-
petitive access complaints)

(iii) Competitive access complaints (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

(iii) Minor transaction

(iv) A notice of an exempt transaction under 49 CFR 1180.2(d)

(78):

(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:

(79) Special docket applications from rail and water carriers: