SURFACE TRANSPORTATION BOARD CUTS FILING FEES FOR CERTAIN RATE AND UNREASONABLE PRACTICE COMPLAINTS

[STBNews@xxxxxxxxxxx]

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>From the Surface Transportation Board, Washington, D.C.
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In an action that will provide greater public access to its processes, the
Surface Transportation Board today announced that it is reducing the fee
charged shippers to file a railroad rate or unreasonable practice complaint
from $20,000 to $350, and is maintaining the $150 fee to file an expedited
small rate case.

               The Board based its decision on three policy considerations
               justifying relatively low complaint-filing fees. The filing
               of a complaint is often the Board’s only mechanism for
               investigating and addressing potential rate violations or
               other unlawful practices. High fees for the filing of formal
               complaints may discourage shippers and others from bringing
               complaints before the Board. The changes to the Board’s
               regulations reducing such fees should improve the agency’s
               management of its docket and resources.

               Today’s action follows the Board’s February 15, 2011 notice
               of proposed rulemaking in which the agency proposed reducing
               some fees.  At that time, Chairman Daniel R. Elliott III
               stated that “Charging a small business more than $20,000 to
               bring a complaint is not right,” and expressed concern that
               that the some meritorious cases may not have been filed with
               the agency because of high filing fees.

               While Chairman Elliott believes the new fee structure will
               make it easier for shippers to file formal cases with the
               Board, he invites them first to avail themselves of the
               free, informal mediation service offered through the
               agency’s Rail Customer and Public Assistance Program.  He
               added that the agency also offers a successful program of
               formal mediation.

               Today’s decision, Regulations Governing Fees for
               Services,( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/41676?OpenDocument )

                Docket No. EP 542 (Sub-No. 18), can be found on
               www.stb.dot.gov.
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