1、11 Surface Transportation Board, DOT 1002.1 (e) Notice of intent to disclose. (1) The Board shall consider carefully a sub-mitters objections and specific grounds for nondisclosure prior to its determination whether or not to dis-close the requested information. When-ever the Board decides to disclo
2、se the information over a submitters objec-tion, it shall provide the submitter with written notice containing the fol-lowing: (i) A description or copy of the infor-mation to be disclosed; (ii) The reasons why the submitters disclosure objections were not sus-tained; and (iii) A specific disclosure
3、 date, which shall be a reasonable number of days after the notice of intent to disclose has been mailed to the submitter. (2) At the same time that notice of intent to disclose is given to a sub-mitter, the Board shall notify the re-quester accordingly. (f) Notice of lawsuit. (1) Whenever an FOIA r
4、equester brings legal action seeking to compel disclosure of con-fidential commercial information, the Board shall promptly notify the sub-mitter. (2) Whenever a submitter brings legal action seeking to prevent disclosure of confidential commercial information, the Board shall promptly notify the re
5、-quester. (g) Exception to notice requirement. The notice requirements of this section shall not apply if: (1) The Board determines that the in-formation requested should not be dis-closed; or (2) The information already has been published or otherwise officially made available to the public; or (3)
6、 Disclosure of the information is required by law (other than 5 U.S.C. 552); or (4) Disclosure is required by a Board rule that: (i) Was adopted pursuant to notice and public comment; (ii) Specifies narrow classes of records submitted to the Board that are to be released; and (iii) Provides in excep
7、tional cir-cumstances for notice when the sub-mitter provides written justification, at the time the information is sub-mitted or within a reasonable time thereafter, that disclosure of the infor-mation could reasonably be expected to cause substantial competitive harm; or (5) The information reques
8、ted was not designated by the submitter as ex-empt from disclosure, when the sub-mitter had an opportunity to do so at the time of submission or within a rea-sonable time thereafter, unless the Board has reason to believe that disclo-sure of the information could reason-ably be expected to cause sub
9、stantial competitive harm; or (6) The designation made by the sub-mitter in accordance with these regula-tions appears obviously frivolous; in such case, the Board must provide the submitter only with written notice of any administrative disclosure deter-mination within a reasonable number of days p
10、rior to the specified disclosure date. PART 1002FEES Sec. 1002.1 Fees for records search, review, copy-ing, certification, and related services. 1002.2 Filing fees. 1002.3 Updating user fees. AUTHORITY: 5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701; and 49 U.S.C. 721. Section 1002.1(g)(11) also issu
11、ed under 5 U.S.C. 5514 and 31 U.S.C. 3717. 1002.1 Fees for records search, re-view, copying, certification, and re-lated services. Certifications and copies of such tar-iffs, reports and other public records and documents on file with the Surface Transportation Board as may be prac-ticable to furnis
12、h, as well as searches and copying of records not considered public under the Freedom of Informa-tion Act (5 U.S.C. 552), will be furnished on the following basis: (a) Certificate of the Records Officer, $17.00. (b) Service involved in examination of tariffs or schedules for preparation of certified
13、 copies of tariffs or sched-ules or extracts therefrom at the rate of $41.00 per hour. (c) Service involved in checking records to be certified to determine au-thenticity, including clerical work, etc., identical thereto, at the rate of $28.00 per hour. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219
14、PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-12 49 CFR Ch. X (10110 Edition) 1002.1 (d) Photocopies of tariffs, reports, and other public documents, at
15、the rate of $1.40 per letter or legal size ex-posure. A minimum charge of $7.00 will be made for this service. (e) Fees for courier services to trans-port agency records to provide on-site access to agency records stored off-site will be set at the rates set forth in the Boards agreement with its co
16、urier service provider. Rate information is available on the Boards Web site (http:/www.stb.dot.gov) or can be ob-tained from the Boards Records Offi-cer, Room 1200, Surface Transportation Board, Washington, DC 204230001. (f) The fee for search and copying services requiring computer processing are
17、as follows: (1) A fee of $71.00 per hour for profes-sional staff time will be charged when it is required to fulfill a request for ADP data. (2) Printing shall be charged at the rate of $.10 per page of computer gen-erated output with a minimum charge of $.25. A charge of $30 per reel of mag-netic t
18、ape will be made if the tape is to be permanently retained by the re-questor. (g) The fees for search, review and copying services for records not consid-ered public under the Freedom of Infor-mation Act are as follows: (1) When records are sought for com-mercial use, requesters will be assessed the
19、 full and reasonable direct costs of document search, review and duplica-tion. A commercial use request re-fers to a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the re-quester or the person on whose behalf th
20、e request is made. (2) When records are not sought for commercial use and a request is made by an educational or noncommercial scientific institution, requesters will be assessed only for the cost of duplica-tion (excluding charges for the first 100 pages). The term Educational Institu-tion refers t
21、o a preschool, a public or private elementary or secondary school, an institution of graduate high-er education, an institution of under-graduate higher education, an institu-tion of professional education, and an institution of vocational education, which operates a program of scholarly research. T
22、he term noncommercial scientific institution refers to an in-stitution that is not operated on a commercial basis and that is oper-ated solely for the purpose of con-ducting scientific research the results of which are not intended to promote any particular product or industry. They must show that t
23、heir request is authorized by and under the auspices of a qualifying institution and the records are not sought for a commercial use but, instead, are in furtherance of scholarly or scientific research. (3) Requesters who are representa-tives of the news media (persons ac-tively gathering news for a
24、n entity that is organized and operated to pub-lish or broadcast news to the public) will be assessed only for the cost of du-plication (excluding charges for the first 100 pages) if they can show that their request is not made for a com-mercial use. A request for records sup-porting the news dissem
25、ination func-tion of the requester shall not be con-sidered a request for a commercial use. (4) All other requesters will be as-sessed fees which recover the full, rea-sonable direct cost of searching for and duplicating records that are responsive to the request (excluding charges for the first 100
26、 pages of duplication and the first two hours of search time). (5) All requesters must reasonably describe the records sought. (6) The search and review hourly fees will be based upon employee grade lev-els in order to recoup the full, allow-able direct costs attributable to their performance of the
27、se functions. They are as follows: Grade Rate Grade Rate GS1 $12.01 GS9 . $28.04 GS2 13.07 GS10 . 30.88 GS3 14.73 GS11 . 33.92 GS4 16.54 GS12 . 40.66 GS5 18.50 GS13 . 48.21 GS6 20.63 GS14 . 57.13 GS7 22.92 GS15 and over 67.21 GS8 25.38 (7) The fee for photocopies shall be $1.40 per letter or legal s
28、ize exposure with a minimum charge of $7.00. (8) The fees for computer data are set forth in paragraph (f) of this section. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo rep
29、roduction or networking permitted without license from IHS-,-,-13 Surface Transportation Board, DOT 1002.1 (9) If the cost of collecting any fee would be equal to or greater than the fee itself, it will not be assessed. (10) A fee may be charged for searches which are not productive and for searches
30、 for records or those parts of records which subsequently are de-termined to be exempt from disclosure. (11) Interest charges will be assessed on any unpaid bill starting on the date specified in the bill, at the rate pre-scribed in 31 U.S.C. 3717 and will accrue from the date of the billing. The De
31、bt Collection Act, 5 U.S.C. 5514 (1982), in-cluding disclosure to the consumer re-porting agencies and the use of collec-tion agencies, as prescribed in the Boards Debt Collection Regulations in 49 CFR part 1018, will be utilized to en-courage payment where appropriate. (12) If search charges are li
32、kely to ex-ceed $25, the requester will be notified of the estimated fees unless requester willingness to pay whatever fee is as-sessed has been provided in advance. The administrative time limits pre-scribed in 5 U.S.C. 552(a)(6) will not begin until after the requester agrees in writing to accept
33、the prospective charges. (13) An advance payment (before work is commenced or continued on a request) may be required if the charges are likely to exceed $250. Requesters who have previously failed to pay a fee charged in timely fashion (i.e. within 30 days of the date of billing) may be required fi
34、rst to pay this amount plus any applicable interest (or demonstrate that the fee has been paid) and then make an advance payment of the full amount of the estimated fee before the new or pending request is processed. The administrative time limits pre-scribed in 5 U.S.C. 552(a)(6) also will not begi
35、n until after a requester has complied with this provision. (14) Documents shall be furnished without any charge or at a charge re-duced below the fees set forth above if disclosure of the information is in the public interest because it is likely to contribute significantly to public un-derstanding
36、 of the operations or activi-ties of the government and is not pri-marily in the commercial interest of the requester. The following six factors will be employed in determining when such fees shall be waived or reduced: (i) The subject of the request: Wheth-er the subject of the requester records co
37、ncerns the operations or activities of the government; (ii) The informative value of the in-formation to be disclosed: Whether the disclosure is likely to contribute to an understanding of government oper-ations or activities; (iii) The contribution to an under-standing of the subject by the general
38、 public likely to result from disclosure: Whether disclosure of the requested in-formation will contribute to public understanding; (iv) The significance of the contribu-tion to public understanding: Whether the disclosure is likely to contribute significantly to public under-standing of government
39、operations or activities; (v) The existence and magnitude of a commercial interest: Whether the re-quester has a commercial interest that would be furthered by the requested disclosure; and, if so (vi) The primary interest in disclo-sure: Whether the magnitude of the identified commercial interest o
40、f the requester is sufficiently large, in com-parison with the public interest in dis-closure, that disclosure is primarily in the commercial interest of the re-quester. This fee waiver and reduction provision will be implemented in ac-cordance with guidelines issued by the U.S. Department of Justic
41、e on April 2, 1987 and entitled New FOIA Fee Waiv-er Policy Guidance. A copy of these guidelines may be inspected or ob-tained from the Surface Transpor-tation Boards Freedom of Information Office, Washington, DC 204230001. (h) Fees for services described in paragraphs (a) through (g) of this sec-ti
42、on may be charged to accounts estab-lished in accordance with 49 CFR 1002.2(a)(2), or paid for by check, money order, currency, or credit card in ac-cordance with 49 CFR 1002.2(a)(3). (i) Transcript of testimony and of oral argument, or extracts therefrom, may be purchased by the public from the Boa
43、rds official reporter. For infor-mation regarding the official reporter, contact the Records Officer, Surface Transportation Board, Washington, DC 204230001. 32 FR 20010, Dec. 20, 1967 VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00023 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones
44、on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-14 49 CFR Ch. X (10110 Edition) 1002.2 EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting 1002.1, see the List of CFR Sections Affected, which appears in the Finding Aid
45、s section of the printed volume and on GPO Access. 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. Filing f
46、ees for tariffs, including schedules, and con-tract summaries, including supple-ments (Item 78), and filing fees for doc-uments submitted for recording (Item 83) may be charged to accounts estab-lished by the Board in accordance with paragraph (a)(2) of this section. (2) Billing account procedure. F
47、orm STB1032 must be submitted to the Boards Section of Financial Services to establish STB billing accounts for filing fees for tariffs and for documents submitted for recording. (3) Fees will be payable to the Sur-face Transportation Board, by check payable in United States currency drawn upon fund
48、s deposited in a United States or foreign bank or other finan-cial institution, money order payable in United States currency, or by credit card. (b) Any filing that is not accom-panied by the appropriate filing fee, payment via credit card or STB billing account, or a request for waiver of the fee,
49、 is deficient. However, the Board may find that a tariff which is sub-mitted without the appropriate filing fee is deficient and reject the tariff fil-ing, if the filer repeatedly fails to sub-mit the appropriate filing fee after the Board has advised the filer of the prop-er filing fee and tariff filing proce-dures. (c) Fees not refundable. Fees will be assessed for every filing in the type of proceeding listed i
