[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR245.201]



[Page 792-793]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 245_RAILROAD USER FEES--Table of Contents

 

                     Subpart C_User Fee Calculation

 

Sec. 245.201  User fee calculation.





    (a) The fee to be paid by each railroad shall be determined as 

follows:

    (1) After March 15th of each year (August 1st for the fiscal year 

ending September 30, 1992), FRA will tabulate the total train miles, 

total employee hours, and total road miles for railroads subject to this 

part for the preceding calendar year. FRA's calculations will be based 

on the information supplied by railroads under Sec. 245.101 hereof, and 

other reports and submissions which railroads are required to make to 

FRA under applicable regulations (i.e. 49 CFR parts 225 and 228). At the 

same time, FRA will calculate the total cost of administering the Safety 

Act for the current fiscal year (other than activities described in 

section 202(a)(2) thereof) which will represent the total amount of user 

fees to be collected.

    (2) Using tabulations of total train miles, total employee hours, 

total road miles, and the total cost of administering the Safety Act, 

FRA will calculate a railroad's user fee assessment as follows:

    (i) The assessment rate per train mile will be calculated by 

multiplying the total costs of administering the Safety Act by 0.55 and 

then dividing this amount (i.e., fifty-five percent of the total amount 

to be collected) by the total number of train miles reported to the FRA 

for the previous calendar year. The result will be the railroad user fee 

assessment rate per train mile for the current fiscal year.

    (ii) The assessment rate per employee hour will be calculated by 

multiplying the total costs of administering the Safety Act by 0.1 and 

then dividing this amount (i.e., 10 percent of



[[Page 793]]



the total amount to be collected) by the total number of employee hours 

reported to the FRA for the previous calendar year. The result will be 

the railroad user fee rate per employee hour for the fiscal year.

    (iii) The assessment rate per road mile will be calculated in three 

steps. First, FRA will determine a preliminary assessment rate per road 

mile by multiplying the total costs of administering the Safety Act by 

0.35 and dividing this amount (i.e., thirty-five percent of the total 

amount to be collected) by the total road miles reported to FRA for the 

previous calendar year. Second, FRA will adjust this preliminary rate 

per road mile for each light density railroad by multiplying the 

preliminary rate by the appropriate scaling factor identified in Sec. 

245.5(h). The result will be a reduced assessment rate per road mile for 

light density railroads. Third, FRA will adjust the preliminary 

assessment rate per road mile for all railroads except light density 

railroads by adding to their preliminary rate an incremental amount 

reflecting the reallocation of the relief provided to light density 

railroads under step 2 using the sliding scale. The incremental amount 

is calculated by subtracting (A) the total amount to be collected from 

light density railroads after application of the sliding scale from (B) 

the total amount that would have been collected from light density 

railroads using the preliminary assessment rate and developed under step 

1 and (C) dividing the resulting amount by the total road miles reported 

to FRA by all railroads except light density railroads. The incremental 

amount is then added to the preliminary assessment rate for all 

railroads except light density railroads to derive the assessment rate 

per road mile for all railroads except light density railroads. The 

results will be a modified assessment rate per road mile for light 

density railroads qualifying under step 2 and a general assessment rate 

applicable to all other railroads. In those cases where the computed fee 

is less than the defined minimum, the net increase attributable to the 

application of the minimum standard is not included in the reallocation 

process under step 3 and is instead added to total collections.

    (b) The user fee to be paid by each covered railroad is the greater 

of $500.00 or the sum of the railroad's train miles times the assessment 

rate per train mile, the railroad's employee hours times the assessment 

rate per employee hour, and the railroad's road miles times the 

applicable assessment rate per road mile.