Proposed Rule2022-01022
Fees for the Unified Carrier Registration Plan and Agreement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 24, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA is proposing reductions in the annual registration fees States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the 2023 year and subsequent registration years. The proposed fees for the 2023 registration year would be reduced below the fees for 2022 by approximately 27 percent. The reduction in annual registration fees would be between $16 and $15,350 per entity, depending on the number of vehicles owned or operated by the affected entities.
Full Text
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<title>Federal Register, Volume 87 Issue 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Proposed Rules]
[Pages 3489-3494]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01022]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 367
[Docket No. FMCSA-2022-0001]
RIN 2126-AC51
Fees for the Unified Carrier Registration Plan and Agreement
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: FMCSA is proposing reductions in the annual registration fees
States collect from motor carriers, motor private carriers of property,
brokers, freight forwarders, and leasing companies for the Unified
Carrier Registration (UCR) Plan and Agreement for the 2023 year and
subsequent registration years. The proposed fees for the 2023
registration year would be reduced below the fees for 2022 by
approximately 27 percent. The reduction in annual registration fees
would be between $16 and $15,350 per entity, depending on the number of
vehicles owned or operated by the affected entities.
DATES: Comments must be received on or before February 23, 2022.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0001 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0001/document">https://www.regulations.gov/docket/FMCSA-2022-0001/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
[[Page 3490]]
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
<bullet> Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office
of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, <a href="/cdn-cgi/l/email-protection#b2f4fff1e1f39ffff1e0e1f2d6ddc69cd5ddc4"><span class="__cf_email__" data-cfemail="357378766674187876676675515a411b525a43">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
FMCSA organizes this notice of proposed rulemaking (NPRM) as
follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. International Impacts
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. Congressional Review Act
C. Regulatory Flexibility Act (Small Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act (Collection of Information)
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2022-0001), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0001/document">https://www.regulations.gov/docket/FMCSA-2022-0001/document</a>, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Mr. Brian
Dahlin, Chief, Regulatory Analysis Division, Office of Policy, FMCSA,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any comments
FMCSA receives not specifically designated as CBI will be placed in the
public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0001X/document">https://www.regulations.gov/docket/FMCSA-2022-0001X/document</a> and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy Act
DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL 14--Federal Docket Management System
(FDMS)), which can be reviewed at <a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
The UCR Plan and the 41 States participating in the UCR Agreement
establish and collect fees from motor carriers, motor private carriers
of property, brokers, freight forwarders, and leasing companies. The
UCR Plan and Agreement are administered by a 15-member board of
directors: 14 appointed from the participating States and the industry,
plus the Deputy Administrator of FMCSA. Revenues collected are
allocated to the participating States and the UCR Plan.
In accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), fee adjustments
must be requested by the UCR Plan when annual revenues exceed the
maximum allowed. Also, if there are excess funds after payments to the
States and for administrative costs, they are retained in the UCR
Plan's depository, and subsequent fees must be reduced as required by
49 U.S.C. 14504a(h)(4). These two distinct provisions are the basis for
the two elements of the adjustment proposed in this rule. This NPRM
proposes to reduce the annual registration fees established pursuant to
the UCR Agreement for 2023 and subsequent years.
The UCR Board has estimated future period collections using an
average of the collections of the past 3 closed years. It also
considered that there has been no change to the administrative
authorized allowance since 2020 and recommended a modest increase in
the allowance.
Considering all of this, the UCR Board recommended that FMCSA adopt
the fees listed below.
[[Page 3491]]
2022 vs. 2023 Fee Recommendation
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Number of power units............. 0-2 3-5 6-20 21-100 101-1000 1,001 and
above
2022 Fee (Current)................ $59 $176 $351 $1,224 $5,835 $56,977
2023 Fee (Recommended)............ $43 $129 $256 $894 $4,263 $41,627
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Change........................ ($16) ($47) ($95) ($330) ($1,572) ($15,350)
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B. Costs and Benefits
The changes proposed in this NPRM would reduce the fees paid by
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies to the UCR Plan and the participating
States. While each motor carrier or other entity would realize a
reduced monetary burden, fees are considered by the Office of
Management and Budget (OMB) Circular A-4, Regulatory Analysis as
transfer payments, not costs. Transfer payments are payments from one
group to another that do not affect total resources available to
society. Therefore, transfers are not considered in the monetization of
societal costs and benefits of rulemakings.
III. Abbreviations
CAA Clean Air Act
CBI Confidential Business Information
CE Categorical Exclusion
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
OMB Office of Management and Budget
PIA Privacy Impact Assessment
RFA Regulatory Flexibility Act
SBA Small Business Association
SBREFA Small Business Regulatory Enforcement Fairness Act
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UCR Agreement Unified Carrier Registration Agreement
UCR Plan Unified Carrier Registration Plan
IV. Legal Basis for the Rulemaking
This rule proposes to adjust the annual registration fees required
by the UCR Agreement established by 49 U.S.C. 14504a. The requested fee
adjustments are required by 49 U.S.C. 14504a because, for registration
year 2022, the total revenues collected are expected to exceed the
maximum annual revenue entitlements of $107.78 million distributed to
the 41 participating States plus the amount established for the
administrative costs associated with the UCR Plan and Agreement. The
UCR Plan submitted the requested adjustments in accordance with 49
U.S.C. 14504a(f)(1)(E)(ii), which requires the UCR Plan to request an
adjustment by the Secretary when the annual revenues exceed the maximum
allowed. In addition, 49 U.S.C. 14504a(h)(4) states that any excess
funds from previous registration years held by the UCR Plan in its
depository, after distribution to the States and for payment of
administrative costs, shall be retained ``and the fees charged . . .
shall be reduced by the Secretary accordingly.''
The UCR Plan is also requesting approval of a revised total revenue
to be collected because of an adjustment in the amount for costs of
administering the UCR Agreement. No changes in the revenue allocations
to the participating States have been recommended by the UCR Plan. The
revised total revenue must be approved in accordance with 49 U.S.C.
14504a(d)(7).
The Secretary also has broad rulemaking authority in 49 U.S.C.
13301(a) to carry out 49 U.S.C. 14504a, which is part of 49 U.S.C.
subtitle IV, part B. Authority to administer these statutory provisions
has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and
(7).
V. Background
FMCSA issued a final rule in early 2020 establishing the current
level of UCR registration fees. 85 FR 8192 (Feb. 13, 2020). The 2020
rule reflected reductions recommended by the UCR Plan in the annual
registration fees the States collected from motor carriers, motor
private carriers of property, brokers, freight forwarders, and leasing
companies for the registration years beginning in 2020. This level of
fees has remained in effect for registration years since 2020. The UCR
Plan has recommended that these fees remain in effect during 2022 and
has recommended a significant reduction to be effective for
registration year 2023.
The UCR Plan's latest recommendation includes an increase in the
amount of the administrative cost allowance from $4 million to $4.25
million for the 2023 registration year. The increase of $250,000
recommended by the UCR Plan was based on estimates of future
administrative cost allowances needed to operate the UCR Plan and
Agreement. No changes in the State revenue entitlements are
recommended, and the entitlement figures for 2023 for the 41
participating States are the same as those previously approved for the
years 2010 through 2022. Therefore, for registration year 2023 and
subsequent registration years, the UCR Plan recommends total revenue to
be collected of $112,027,060 (rounded to the nearest dollar). FMCSA
proposes to approve this recommendation for the total revenue to be
collected by the UCR Plan, as shown in the following table.
State UCR Revenue Entitlements and Final 2023 Total Revenue Target
------------------------------------------------------------------------
Total 2023 UCR
State revenue
entitlements
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Alabama.............................................. $2,939,964.00
Arkansas............................................. 1,817,360.00
California........................................... 2,131,710.00
Colorado............................................. 1,801,615.00
Connecticut.......................................... 3,129,840.00
Georgia.............................................. 2,660,060.00
Idaho................................................ 547,696.68
Illinois............................................. 3,516,993.00
Indiana.............................................. 2,364,879.00
Iowa................................................. 474,742.00
Kansas............................................... 4,344,290.00
Kentucky............................................. 5,365,980.00
Louisiana............................................ 4,063,836.00
Maine................................................ 1,555,672.00
Massachusetts........................................ 2,282,887.00
Michigan............................................. 7,520,717.00
Minnesota............................................ 1,137,132.30
Missouri............................................. 2,342,000.00
Mississippi.......................................... 4,322,100.00
Montana.............................................. 1,049,063.00
Nebraska............................................. 741,974.00
New Hampshire........................................ 2,273,299.00
New Mexico........................................... 3,292,233.00
New York............................................. 4,414,538.00
North Carolina....................................... 372,007.00
North Dakota......................................... 2,010,434.00
Ohio................................................. 4,813,877.74
Oklahoma............................................. 2,457,796.00
Pennsylvania......................................... 4,945,527.00
Rhode Island......................................... 2,285,486.00
South Carolina....................................... 2,420,120.00
South Dakota......................................... 855,623.00
Tennessee............................................ 4,759,329.00
Texas................................................ 2,718,628.06
Utah................................................. 2,098,408.00
Virginia............................................. 4,852,865.00
Washington........................................... 2,467,971.00
West Virginia........................................ 1,431,727.03
Wisconsin............................................ 2,196,680.00
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Sub-Total.......................................... 106,777,059.81
Alaska............................................... 500,000.00
Delaware............................................. 500,000.00
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Total State Revenue Entitlement.................... 107,777,060.00
[[Page 3492]]
Administrative Costs................................. 4,250,000.00
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Total Revenue Target............................... 112,027,060.00
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VI. Discussion of Proposed Rulemaking
On August 26, 2021, the UCR Plan Board of Directors sent a letter
to the Secretary of the Department of Transportation (available in the
docket for this rule), stating that the Board met on August 12, 2021,
and voted to approve their ``2023 Fee Proposal'' plan and recommend
that FMCSA adopt the fee reductions therein. The letter states the
justification for reducing the fees, and the attachment explains how
the adjustment was determined.
FMCSA has reviewed the formal recommendation from the UCR Plan and
proposes to approve the recommended adjustment in the fees, including
the adjustment in the allowance for costs necessary to continue
administering the UCR Agreement and the UCR Plan. Overall, the UCR Plan
and the Agency agree on the reduction of the current fees for 2023 and
subsequent registration years, and that there would be no change in the
revenue entitlements for the 41 participating States.
VII. International Impacts
Motor carriers and other entities involved in interstate and
foreign transportation in the United States that do not have a
principal office in the United States, are nonetheless subject to the
fees for the UCR Plan. They are required to designate a participating
State as a base State and pay the appropriate fees to that State (49
U.S.C. 14504a(a)(2)(B)(ii) and (f)(4)).
VIII. Section-by-Section Analysis
In this NPRM, FMCSA proposes that the provisions of 49 CFR 367.60
(which were adopted in the 2020 final rule) would be revised so that
the fees in that section would apply to registration years 2020, 2021,
and 2022 only. A new 49 CFR 367.70 would establish new reduced fees
applicable beginning in registration year 2023. These fees would remain
in effect for subsequent registration years after 2023 unless revised
in the future.
FMCSA also proposes to remove 49 CFR 367.20, 367.30, 367.40, and
367.50. These sections established fees applicable for registration
years from 2007 to and including 2019. The UCR Plan is no longer
collecting fees for those registration years and these sections should
be removed to avoid any uncertainty about the applicable fees.
IX. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this notice of proposed
rulemaking under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and DOT's regulatory policies and
procedures. The Office of Information and Regulatory Affairs (OIRA)
within OMB determined that this notice of proposed rulemaking is not a
significant regulatory action under section 3(f) of E.O. 12866, as
supplemented by E.O. 13563, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order.
Accordingly, OMB has not reviewed it under these Orders.
The changes proposed by this rule would reduce the registration
fees paid by motor carriers, motor private carriers of property,
brokers, freight forwarders, and leasing companies to the UCR Plan and
the participating States. While each motor carrier would realize a
reduced burden, fees are considered by OMB Circular A-4, Regulatory
Analysis as transfer payments, not costs. Transfer payments are
payments from one group to another that do not affect total resources
available to society. By definition, transfers are not considered in
the monetization of societal costs and benefits of rulemakings.
This rule would establish reductions in the annual registration
fees for the UCR Plan and Agreement. The entities affected by this rule
are the participating States, motor carriers, motor private carriers of
property, brokers, freight forwarders, and leasing companies. Because
the State UCR revenue entitlements would remain unchanged, the
participating States would not be impacted by this rule. The primary
impact of this rule would be a reduction in fees paid by individual
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. The recommended reduction from the
current 2020 registration year fees (approved by the Board on August
12, 2021) would be between $16 and $15,350 per entity, depending on the
number of vehicles owned or operated by the affected entities.
B. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801-808), OIRA
designated this rule as not a ``major rule.'' \1\
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\1\ A ``major rule'' means any rule that the Office of
Management and Budget finds has resulted in or is likely to result
in (a) an annual effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers, individual
industries, geographic regions, Federal, State, or local government
agencies; or (c) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the ability
of United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets (49 CFR 389.3).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA),\2\ requires Federal agencies to consider the effects of
the regulatory action on small business and other small entities and to
minimize any significant economic impact. The term small entities
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000. 5
U.S.C. 601(6). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\2\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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This proposed rule would directly affect the participating States,
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. Under the standards of the RFA, as
amended by the SBREFA, the participating States are not small entities.
States are not considered small entities because they do not meet the
definition of a small entity in section 601 of the RFA. Specifically,
States are not considered small governmental jurisdictions under
section 601(5) of the RFA, both because State government is not
included among the various levels of government listed in section
601(5), and because, even if this were the case, no State or the
District of Columbia has a population of less than 50,000, which is the
criterion by which a governmental jurisdiction is considered small
under section 601(5) of the RFA.
The Small Business Administration's (SBA) size standard for a small
entity
[[Page 3493]]
(13 CFR 121.201) differs by industry code. The entities affected by
this rule fall into many different industry codes. In order to
determine if this rule would have an impact on a significant number of
small entities, FMCSA examined the 2017 Economic Census data \3\ for
two different industries, truck transportation (Subsector 484) and
transit and ground transportation (Subsector 485).
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\3\ U.S. Census Bureau, 2017 US Economic Census. Available at:
<a href="https://data.census.gov/cedsci/table?q=United%20States&t=Value%20of%20Sales,%20Receipts,%20Revenue,%20or%20Shipments&n=484&tid=ECNSIZE2017.EC1700SIZEREVEST&hidePreview=true">https://data.census.gov/cedsci/table?q=United%20States&t=Value%20of%20Sales,%20Receipts,%20Revenue,%20or%20Shipments&n=484&tid=ECNSIZE2017.EC1700SIZEREVEST&hidePreview=true</a> (accessed Dec. 28, 2021).
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According to the 2017 Economic Census, approximately 99.4 percent
of truck transportation firms, and approximately 99.2 percent of
transit and ground transportation firms, had annual revenue less than
the SBA's revenue thresholds of $30 million and $16.5 million,
respectively, to be defined as a small entity. Therefore, FMCSA has
determined that this rule would impact a substantial number of small
entities. However, FMCSA has determined that this rule would not have a
significant impact on the affected entities. The effect of this rule
would be to reduce the annual registration fee motor carriers, motor
private carriers of property, brokers, freight forwarders, and leasing
companies are currently required to pay. The reduction will range from
$16 to $15,350 per entity, depending on the number of vehicles owned
and/or operated by the affected entities.
Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the SBREFA small businesses
may send comments on the actions of Federal employees who enforce or
otherwise determine compliance with Federal regulations to the SBA's
Small Business and Agriculture Regulatory Enforcement Ombudsman (Office
of the National Ombudsman, see <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of FMCSA, call 1-888-REG-
FAIR (1-888-734-3247). DOT has a policy regarding the rights of small
entities to regulatory enforcement fairness and an explicit policy
against retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any 1 year. Although this proposed rule would
not result in such an expenditure, the Agency discusses the effects of
this rule elsewhere in this preamble.
F. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this rule would not have substantial
direct costs on or for States, nor would it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Impact
Statement.
H. Privacy
The Consolidated Appropriations Act, 2005,\4\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
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\4\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\5\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology would collect, maintain, or disseminate information as a
result of this rule. Accordingly, FMCSA has not conducted a PIA.
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\5\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The PTA has been submitted to FMCSA's Privacy Officer for
review and preliminary adjudication and to DOT's Privacy Officer for
review and final adjudication.
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2,
paragraph 6.h. The Categorical Exclusion (CE) in paragraph 6.h. covers
regulations and actions taken pursuant to regulation implementing
procedures to collect fees that will be charged for motor carrier
registrations. The proposed requirements in this rule are covered by
this CE and do not have any effect on the quality of the environment.
List of Subjects in 49 CFR Part 367
Intergovernmental relations, Motor carriers, Brokers, Freight
Forwarders.
In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III, part 367 to read as follows:
PART 367--STANDARDS FOR REGISTRATION WITH STATES
0
1. The authority citation for part 367 continues to read as follows:
Authority: 49 U.S.C. 13301, 14504a; and 49 CFR 1.87.
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2. Remove Sec. Sec. 367.20, 367.30, 367.40 and 367.50.
[[Page 3494]]
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3. Revise Sec. 367.60 to read as follows:
Sec. 367.60 Fees under the Unified Carrier Registration Plan and
Agreement for registration years beginning in 2020 and ending in 2022.
Table 1 to Sec. 367.60--Fees Under the Unified Carrier Registration
Plan and Agreement for Registration Years Beginning in 2020 and Ending
in 2022
------------------------------------------------------------------------
Number of
commercial
motor vehicles
owned or Fee per entity
operated by for exempt or non-
exempt or non- exempt motor Fee per entity
Bracket exempt motor carrier, motor for broker or
carrier, motor private carrier, leasing company
private or freight
carrier, or forwarder
freight
forwarder
------------------------------------------------------------------------
B1............... 0-2............ $59 $59
B2............... 3-5............ 176
B3............... 6-20........... 351
B4............... 21-100......... 1,224
B5............... 101-1,000...... 5,835
B6............... 1,001 and above 56,977
------------------------------------------------------------------------
0
4. Add new Sec. 367.70 to read as follows:
Sec. 367.70 Fees under the Unified Carrier Registration Plan and
Agreement for Registration Years Beginning in 2023 and Each Subsequent
Registration Year Thereafter.
Table 1 to Sec. 367.70--Fees Under the Unified Carrier Registration
Plan and Agreement for Registration Years Beginning in 2023 and Each
Subsequent Registration Year Thereafter
------------------------------------------------------------------------
Number of
commercial
motor vehicles
owned or Fee per entity
operated by for exempt or non-
exempt or non- exempt motor Fee per entity
Bracket exempt motor carrier, motor for broker or
carrier, motor private carrier, leasing company
private or freight
carrier, or forwarder
freight
forwarder
------------------------------------------------------------------------
B1............... 0-2............ $43 $43
B2............... 3-5............ 129
B3............... 6-20........... 256
B4............... 21-100......... 894
B5............... 101-1,000...... 4,263
B6............... 1,001 and above 41,627
------------------------------------------------------------------------
Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-01022 Filed 1-21-22; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on January 24, 2022.
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