[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR360.5]



[Page 39-40]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 360_FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE--Table of 

Contents

 

Sec. 360.5  Updating user fees.



    (a) Update. Each fee established in this part may be updated in 

accordance with this section as deemed necessary by the FMCSA.

    (b) Publication and effective dates. Updated fees shall be published 

in the Federal Register and shall become effective 30 days after 

publication.

    (c) Payment of fees. Any person submitting a filing for which a fee 

is established shall pay the fee in effect at the time of the filing.

    (d) Method of updating fees. Each fee shall be updated by updating 

the cost components comprising the fee. Cost components shall be updated 

as follows:

    (1) Direct labor costs shall be updated by multiplying base level 

direct labor costs by percentage changes in average



[[Page 40]]



wages and salaries of FMCSA employees. Base level direct labor costs are 

direct labor costs determined by the cost study in Regulations Governing 

Fees For Service, 1 I.C.C. 2d 60 (1984), or subsequent cost studies. The 

base period for measuring changes shall be April 1984 or the year of the 

last cost study.

    (2) Operations overhead shall be developed each year on the basis of 

current relationships existing on a weighted basis, for indirect labor 

applicable to the first supervisory work centers directly associated 

with user fee activity. Actual updating of operations overhead will be 

accomplished by applying the current percentage factor to updated direct 

labor, including current governmental overhead costs.

    (3)(i) Office general and administrative costs shall be developed 

each year on the basis of current levels costs, i.e., dividing actual 

office general and administrative costs for the current fiscal year by 

total office costs for the office directly associated with user fee 

activity. Actual updating of office general and administrative costs 

will be accomplished by applying the current percentage factor to 

updated direct labor, including current governmental overhead and 

current operations overhead costs.

    (ii) FMCSA general and administrative costs shall be developed each 

year on the basis of current level costs; i.e., dividing actual FMCSA 

general and administrative costs for the current fiscal year by total 

agency expenses for the current fiscal year. Actual updating of FMCSA 

general and administrative costs will be accomplished by applying the 

current percentage factor to updated direct labor, including current 

governmental overhead, operations overhead and office general and 

administrative costs.

    (4) Publication costs shall be adjusted on the basis of known 

changes in the costs applicable to publication of material in the 

Federal Register or FMCSA Register.

    (This rounding procedures excludes copying, printing and search 

fees.)

    (e) Rounding of updated fees. Updated fees shall be rounded in the 

following manner:

    (1) Fees between $1 and $30 will be rounded to the nearest $1;

    (2) Fees between $30 and $100 will be rounded to the nearest $10;

    (3) Fees between $100 and $999 will be rounded to the nearest $50; 

and

    (4) Fees above $1,000 will be rounded to the nearest $100.