STB Seeks Comments on Revised Complaint Filing Fees

Transportation Update

Date: February 16, 2011

Overview

On February 15, 2011, the Surface Transportation Board (STB) issued a Notice of Proposed Rulemaking (NPRM) proposing to lower the fee for filing certain formal complaints from $20,600 to $350. Regulations Governing Fees for Services, STB Docket No. EP 542 (Sub-No. 18) (STB served Feb. 15, 2011). The deadline for comments on the proposal is April 19. Reply comments are due on May 19.

Item 56 of the STB's fee schedule at 49 C.F.R. ? 1002.2(f) contains the rates for filing formal complaints alleging unlawful rates or practices of carriers. Currently, the fee for filing most formal complaints is at or below $350, while the fee under sub-item 56(iv) for filing all other formal complaints is $20,600. The STB seeks to eliminate this gap between fees because complaints are the only mechanism by which the STB may investigate and address unlawful practices, high fees can discourage the filing of complaints and there will be less incentive for parties to seek redress through less efficient mechanisms.

For additional details, see the full text of the NPRM.