Proposed Rule2026-06726
Fees for the Unified Carrier Registration Plan and Agreement
Primary source
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Published
April 7, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA proposes amendments to its regulations governing the annual Unified Carrier Registration (UCR) Plan and Agreement registration fees that participating States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The UCR Board of Directors (Board) did not recommend any change in fees for the 2026 registration year, therefore the fees remained the same as the 2025 registration year. However, on September 18, 2025, the Board recommended a fee increase for the 2027 registration year and subsequent registration years. This recommended increase averages 20 percent, with varying increases between $9 and $9,329 per entity, depending on the applicable fee bracket. Even after the proposed increase, the fees for registration year 2027 are still less than those in effect during registration years 2019 through 2022. FMCSA proposes to adopt the recommended fee increase.
Full Text
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<title>Federal Register, Volume 91 Issue 66 (Tuesday, April 7, 2026)</title>
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[Federal Register Volume 91, Number 66 (Tuesday, April 7, 2026)]
[Proposed Rules]
[Pages 17618-17625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06726]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 367
[Docket No. FMCSA-2025-0655]
RIN 2126-AC72
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 (NPRM).
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SUMMARY: FMCSA proposes amendments to its regulations governing the
annual Unified Carrier Registration (UCR) Plan and Agreement
registration fees that participating States collect from motor
carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. The UCR Board of Directors (Board)
did not recommend any change in fees for the 2026 registration year,
therefore the fees remained the same as the 2025 registration year.
However, on September 18, 2025, the Board recommended a fee increase
for the 2027 registration year and subsequent registration years. This
recommended increase averages 20 percent, with varying increases
between $9 and $9,329 per entity, depending on the applicable fee
bracket. Even after the proposed increase, the fees for registration
year 2027 are still less than those in effect during registration years
2019 through 2022. FMCSA proposes to adopt the recommended fee
increase.
DATES: Comments must be received on or before May 7, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0655 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0655/document">https://www.regulations.gov/docket/FMCSA-2025-0655/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,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, 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,
[[Page 17619]]
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#aaece7e9f9ebe7e9f8f9eacec5de84cdc5dc"><span class="__cf_email__" data-cfemail="9bddd6d8c8dad6d8c9c8dbfff4efb5fcf4ed">[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 NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
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. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT Policies
and Procedures for Rulemakings
B. Waiver of Advance Notice of Proposed Rulemaking
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969
K. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0655), 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-2025-0655/document">https://www.regulations.gov/docket/FMCSA-2025-0655/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.
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 Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#dab8a8b3bbb4f4bdf4bebbb2b6b3b49abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="385a4a515956165f165c5950545156785c574c165f574e">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. 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-2025-0655/document">https://www.regulations.gov/docket/FMCSA-2025-0655/document</a> and
choose the document to review. To view comments, click this NPRM, then
click ``Document Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations 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
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, 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="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edits and are
searchable by the name of the submitter.
II. Executive Summary
Under 49 U.S.C. 14504a, the UCR Plan and the 41 States
participating in the UCR Agreement 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, which is comprised of 14 members appointed from the
participating States and the motor carrier industry, as well as the
Deputy Administrator of FMCSA, who is a statutory member. Revenues
collected are allocated to the participating States and the UCR Plan.
In accordance with 49 U.S.C. 14504a(d)(7) and (f)(1)(E), the Board
provides fee adjustment recommendations to the Secretary of
Transportation (the Secretary) when revenue collections result in a
shortfall or surplus from the amount authorized by statute. Statutory
factors the Board considers in making a recommendation include the
administrative costs of the UCR Plan and Agreement and whether the
revenues generated in the previous year and any surplus or shortage
from that or prior years enable the participating States to achieve the
revenue levels set by the board (49 U.S.C. 14504a(d)(7)(A)(i) and
(ii)). It is important to note that, while each year's revenue targets
can fluctuate based on the number of registered interstate carriers and
freight brokers, and the size of the carriers' fleets--which can vary
based on economic conditions and other factors--the statutory
allocation of revenue to participating states remains the same under 49
U.S.C. 14504a(g). If the required payments to the States and the cost
of administering the UCR Plan exceed the amount in the depository, the
UCR Plan must collect additional fees in subsequent years to recover
the shortfall (49 U.S.C. 14504a(f)(1)(E)(i)). If there are excess funds
after payments to the States and for administrative costs, they are
retained in the UCR Plan's depository, see 49 U.S.C.
14504a(f)(1)(E)(ii)), and fees for subsequent registration years must
be reduced as required by 49 U.S.C. 14504a(h)(4).
[[Page 17620]]
These two distinct statutory provisions are recognized in the fee
adjustment recommended by the UCR Plan. In this NPRM, FMCSA proposes to
increase, by an average of 20 percent, the annual registration fees
established pursuant to the UCR Agreement for the 2027 registration
year and subsequent years.\1\
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\1\ The UCR Plan Board's recommendation (September 2025 Fee
Recommendation) was issued on September 18, 2025, and is available
in the docket for this rulemaking.
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The changes proposed in this NPRM would increase 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 the increase in fees is a private cost to covered
entities, fees are considered by the Office of Management and Budget
(OMB) Circular A-4, Regulatory Analysis, as transfer payments, not
costs. (68 FR 58366 (Oct. 9, 2003)).\2\ The details of the amount of
increase to the annual UCR fee for each fee bracket, are included in
the discussion below in Section VI.
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\2\ Available at <a href="https://www.federalregister.gov/documents/2003/10/09/03-25606/circular-a-4-regulatory-analysis">https://www.federalregister.gov/documents/2003/10/09/03-25606/circular-a-4-regulatory-analysis</a>.
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III. Abbreviations
CBI Confidential business information
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act of 1996
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis
This rulemaking would adjust the annual UCR registration fees, as
authorized by 49 U.S.C. 14504a. Section 14504a provides that the
revenues collected from the fees should not exceed the maximum annual
revenue entitlements distributed to the 41 participating States plus
the amount established for administrative costs associated with the UCR
Plan and Agreement. In accordance with 49 U.S.C. 14504a(f)(1)(E)(i),
the statute provides for the UCR Plan to request an adjustment by the
Secretary when the annual revenues are insufficient to provide the
revenues to which the participating States are entitled.
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 must also obtain DOT approval to revise the total
revenue to be collected, in accordance with 49 U.S.C. 14504a(d)(7).
However, no changes in the revenue allocations to the participating
States were recommended by the UCR Plan or would be authorized by this
rulemaking, as those amounts are fixed by statute.
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
The UCR follows a two-year cycle when making fee recommendations,
meaning that the collections for the 2025 registration year are used to
calculate fees for the 2027 registration year, and collections for the
2026 registration year will be used to calculate fees for the 2028
registration year. While the registration year is aligned with the
calendar year, the administrative period during which fees for any
given year are collected (also known as a ``fee year'') spans more than
two calendar years. A three-month pre-registration window opens on
October 1 of the year prior to the registration year, fees are due on
January 1 of the registration year but continue to be collected
throughout the year, and there is an audit and dispute resolution
period in the calendar year following the registration year. FMCSA
analyzed these procedures in greater detail in its final rule setting
fees for the 2023 registration year (87 FR 53680, 53684 (Sep. 1,
2022)).\3\
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\3\ Available at <a href="https://www.federalregister.gov/documents/2022/09/08/2022-19354/fees-for-the-unified-carrier-registration-plan-and-agreement">https://www.federalregister.gov/documents/2022/09/08/2022-19354/fees-for-the-unified-carrier-registration-plan-and-agreement</a>.
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This NPRM follows UCR adjustments for the 2024 and 2025
registration years and no adjustments for the 2026 registration year.
The 2024 final rule (``Fees for the Unified Carrier Registration Plan
and Agreement,'' June 17, 2024 (89 FR 51266)) \4\ increased the fees
for 2025 by an average of 25 percent above the fees for the 2024
registration year. No fee adjustments were introduced for the 2026
registration year, keeping the fee bracket levels intact.
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\4\ Available at <a href="https://www.federalregister.gov/documents/2024/06/17/2024-13192/fees-for-the-unified-carrier-registration-plan-and-agreement">https://www.federalregister.gov/documents/2024/06/17/2024-13192/fees-for-the-unified-carrier-registration-plan-and-agreement</a>.
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All fee adjustment recommendations were submitted by the UCR Plan,
in accordance with 49 U.S.C. 14504a(d)(7) and (f)(1). The statute gives
primacy to the need to set the fees at a level that ensures that each
of the participating States receive the revenues to which they are
entitled (49 U.S.C. 14504a(f)(1)(E)(i) and (g)(4)). The adjustment in
the fees to be paid to the UCR Plan for distribution to the
participating States is necessary to accomplish this statutory
objective.
The fee levels, actual and proposed, for the registration years
2019 to 2027 are shown in the following table:
Table 1--UCR Plan Fees--2019-2027
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Bracket Number of CMVs 2019 2020-2022 2023 2024 2025 2026 2027
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1......................................... 0-2 *........................ $62 $59 $41 $37 $46 $46 $55
2......................................... 3-5.......................... 204 176 121 111 138 138 167
3......................................... 6-20......................... 407 351 242 221 276 276 333
4......................................... 21-100....................... 1,420 1,224 844 769 963 963 1,163
5......................................... 101-1000..................... 6,766 5,835 4,024 3,670 4,592 4,592 5,548
6......................................... 1001+........................ 66,072 56,977 39,289 35,836 44,836 44,836 54,165
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* Also applies to brokers and leasing companies.
[[Page 17621]]
Even after the proposed increase, the fees for registration year
2027 are still less than those in effect during registration years 2019
through 2022.
On September 18, 2025, the UCR Plan recommended to the Secretary
that FMCSA increase the fees for the 2027 registration year no later
than September 1, 2026 to allow collections to begin on October 1,
2026. As noted above, the recommendation and supporting documents are
available in the docket for this rulemaking. In addition to the fee
recommendation information from the UCR Plan, the submission also
included an explanation of the basis for the recommendation and the
procedures the UCR Plan followed in its development. This fee
recommendation also included an explanation of the methodology used
when calculating the fee, to facilitate public comment and allow
replication of the analysis in the UCR Plan's recommendation.
VI. Discussion of Proposed Rulemaking
The purpose of the 2027 registration year fee increase is to cover
the projected $21.79 million shortfall in the statutorily required
funding. This projected shortfall is based on calculations showing that
in 2027 the costs of making the required distributions to the States
and administering the Plan will exceed the revenues expected at the
current fee levels. In past years, including 2023 and 2024, these fees
were decreased because of prior excess collections, unusually large
fluctuations in registrant numbers, and changes in underlying economic
conditions. As required by statute, the excess collections were
returned to the industry, as the annual fees were reduced to account
for the overcollection.
The Board previously determined that any shortfall in revenues
during registration year 2025 would be so minimal, it could be covered
by the Plan's existing reserves while still providing each
participating State with its full entitlement for the registration year
and fully funding the Plan's administrative expenses. However, after
analyzing the projected fee collections for registration year 2025
(including actual collections through July 31, 2025), the Board
determined that an increase would be necessary for the 2027
registration year because the anticipated revenue collections for
registration years 2025 and 2026 would be insufficient in 2027 to
provide the States with their revenue entitlements and cover the Plan's
administrative expenses. The Board also requested an administrative
costs allowance increase of $250,000 to cover higher costs, including
costs incurred in defending the Plan in litigation. This adjustment
will help to attain the required $118 million in revenue necessary to
operate the UCR Plan, which consists of State revenue allocations of
$107,777,059, the Plan's administrative costs allowance, which has
increased from $4,250,000 to $4,500,000, and the administrative
shortfall of $6,500,000 from registration years 2025 and 2026.
This NPRM proposes to increase fees by an average of 20 percent for
the 2027 registration year and subsequent years, as compared to the
fees for 2025 and 2026. The proposed increase for each fee bracket is
shown in the following table:
Table 2--UCR Plan Fees Proposed Increase From 2025/2026 to 2027
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Bracket Number of CMVs 2025 and 2026 2027 Difference
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1.............................. 0-2 *.................... $46 $55 $9
2.............................. 3-5...................... 138 167 29
3.............................. 6-20..................... 276 333 57
4.............................. 21-100................... 963 1,163 200
5.............................. 101-1000................. 4,592 5,548 956
6.............................. 1001+.................... 44,836 54,165 9,329
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* Under 49 U.S.C. 14504a(f)(1)(A)(ii), brokers and leasing companies are included in the smallest fee bracket.
In 2024, the UCR Plan modified its methodology for developing the
recommendation, as the previous methodology using average collections
was determined by the UCR Plan to result in an over-collection of fees.
The UCR Plan continued using the 2024 methodology for the current
recommendation, which uses the minimum of the historical monthly
collections for the same time periods in each of the prior 3-year
periods to determine projected collections. The UCR Plan determined
that this method yields a more accurate result, as explained more fully
in the UCR Plan's recommendation, which is available in the docket for
this rulemaking.
FMCSA finds the recommended upward adjustment is within a
reasonable range, in accordance with the provisions of 49 U.S.C.
14504a(e)(1) and (2). This fee adjustment for the 2027 registration
year would provide the necessary $118 million in revenue to make the
required allocations to the participating States and the UCR Plan. Any
amount short of these adjustments would impede proper operations of
motor carrier safety programs, enforcement, or the administration of
the UCR Plan and UCR agreement. The Agency notes that the fluctuations
in the total number of registrants and change in underlying economic
conditions impact fee calculations. The Agency believes this
recalibration of fees is reasonable and in accordance with the
structure of, and obligations created by, the statute.
VII. Section-by-Section Analysis
FMCSA proposes to remove 49 CFR 367.30, which set the fees for
registration year 2023, as that registration year is now closed for all
purposes and fee collections are complete. This section is therefore
obsolete.
FMCSA proposes to revise section 367.40 (which was adopted in the
2024 final rule) and redesignate it as Sec. 367.30. FMCSA also
proposes to revise current section 367.50 so that the fees apply to
registration years 2025 and 2026, and redesignate it as section 367.40.
A new section 367.50 proposes to establish new, increased fees
applicable beginning in registration year 2027, based on the
recommendation submitted by the UCR Plan in its September 2025 Fee
Recommendation. The fees in proposed new section 367.50 would remain in
effect for subsequent registration years after 2027 unless revised by a
future rulemaking.
[[Page 17622]]
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Policies and Procedures for Rulemakings
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993) \5\ and DOT Order 2100.6B.\6\ The Office of
Information and Regulatory Affairs within OMB determined that this NPRM
is not a significant regulatory action under section 3(f) of E.O. 12866
and has not reviewed it under that E.O.
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\5\ Available at <a href="https://www.federalregister.gov/executive-order/12866">https://www.federalregister.gov/executive-order/12866</a>.
\6\ Policies and Procedures for Rulemakings, Mar. 10, 2025,
available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings">https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings</a>.
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The proposed changes would increase 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 the increase in fees is a private cost to covered
entities, fees are considered by OMB Circular A-4, Regulatory Analysis,
as transfer payments, not costs. The details of the amount of increase
to the annual UCR fee for each fee bracket, are included in the
discussion above in Section VI.
This rulemaking would establish increases in the annual
registration fees for the UCR Plan and Agreement. The entities affected
by this rulemaking would be 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 rulemaking would be an increase
in fees paid by individual motor carriers, motor private carriers of
property, brokers, freight forwarders, and leasing companies. The
increase in fees for the 2027 registration year from the 2025
registration year fees would be an average of 20 percent, ranging from
$9 to $9,329 per entity, depending on the number of vehicles owned or
operated by the affected entities.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, was issued
on January 31, 2025 (90 FR 9065, Jan. 31, 2025).\7\ E.O. 14192 requires
that, for every one new regulation issued by an Agency, at least 10
prior regulations be identified for elimination, and that the cost of
planned regulations be prudently managed and controlled through a
budgeting process. Final implementation guidance addressing the
requirements of E.O. 14192 was issued by OMB on March 26, 2025.\8\
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\7\ Available at <a href="https://www.federalregister.gov/documents/2025/02/06/2025-02345/unleashing-prosperity-through-deregulation">https://www.federalregister.gov/documents/2025/02/06/2025-02345/unleashing-prosperity-through-deregulation</a>.
\8\ M-25-20 Guidance Implementing Section 3 of Executive Order
14192, titled ``Unleashing Prosperity Through Deregulation.''
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This proposed rule is non-significant under E.O. 12866 and is
expected to have total costs equivalent to zero, and, if finalized,
would therefore qualify as neither an E.O. 14192 regulatory nor an E.O.
14192 deregulatory action.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \9\ is likely
to lead to the promulgation of a major rule.\10\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\9\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\10\ A major rule means any rule that OMB 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 (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA),\11\ 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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\11\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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This rulemaking 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 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 (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 2022 Economic Census data for two
different North American Industry Classification System (NAICS)
industries: Truck Transportation (subsector 484) and Transit and Ground
Transportation (subsector 485).
As shown in the table below, the SBA size standards for the
national industries under the Truck Transportation and Transit and
Ground Transportation subsectors range from $19.0 million to $43.0
million in revenue per year. To determine the percentage of firms that
have revenue at or below SBA's thresholds within each of the NAICS
national industries, FMCSA examined data from the 2022 Economic
Census.\12\ Boundaries for the revenue categories used in the Economic
Census do not exactly coincide with the SBA thresholds. Instead, the
SBA threshold generally falls between two different revenue categories.
However, FMCSA was able to make reasonable estimates as to the
percentage of small entities within each NAICS code.
---------------------------------------------------------------------------
\12\ U.S. Census Bureau, 2022 Economic Census, Table
EC2200SIZEEMPFIRM--Selected Sectors: Sales, Value of Shipments, or
Revenue Size of Firms for U.S.: 2022. Available at: https://
data.census.gov/
table?q=EC2200SIZEREVFIRM&codeset=naics~484220:484230:485320
(accessed Sep. 18, 2025).
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The percentages of small entities with annual revenue less than the
SBA's threshold ranged from 86.4 percent to 100 percent. Specifically,
approximately 86.4 percent of All Other Transit and Ground Passenger
Transportation (485999) firms had annual revenue less
[[Page 17623]]
than the SBA's revenue threshold of $19.0 million and would be
considered small entities. FMCSA estimates 100 percent of firms in the
Mixed Mode Transit Systems (485111) national industry had annual
revenue less than $29.0 million and would be considered small entities.
The table below shows the complete estimates of the number of small
entities within the national industries that may be affected by this
rule.
Table 3--Estimates of Number of Small Entities
----------------------------------------------------------------------------------------------------------------
SBA size Total Number of
NAICS code Description standard in number of small Percent of
millions firms entities all firms
----------------------------------------------------------------------------------------------------------------
484110......................... General Freight Trucking, $34.0 29,383 29,363 99.9
Local.
484121......................... General Freight Trucking, 34.0 36,043 35,864 99.5
Long Distance, Truckload.
484122......................... General Freight Trucking, 43.0 4,895 4,856 99.2
Long Distance, Less Than
Truckload.
484210......................... Used Household and Office 34.0 7,217 7,200 99.8
Goods Moving.
484220......................... Specialized Freight (except 34.0 23,787 23,763 99.9
Used Goods) Trucking,
Local.
484230......................... Specialized Freight (except 34.0 8,029 7,960 99.1
Used Goods) Trucking, Long
Distance.
485111......................... Mixed Mode Transit Systems. 29.0 12 12 100.0
485113......................... Bus and Other Motor Vehicle 32.5 224 216 96.4
Transit Systems.
485210......................... Interurban and Rural Bus 32.0 372 372 100.0
Transportation.
485320......................... Limousine Service.......... 19.0 2,978 2,960 99.4
485410......................... School and Employee Bus 30.0 2,131 2,118 99.4
Transportation.
485510......................... Charter Bus Industry....... 19.0 940 864 91.9
485999......................... All Other Transit and 19.0 1,158 1,000 86.4
Ground Passenger
Transportation.
----------------------------------------------------------------------------------------------------------------
Therefore, while FMCSA has determined that this rulemaking would
impact a substantial number of small entities, it has also determined
that the rulemaking would not have a significant impact on them. The
effect of this rulemaking would be to increase the annual registration
fee that motor carriers, motor private carriers of property, brokers,
freight forwarders, and leasing companies are currently required to
pay. The increase would be 20 percent on average, or $9 to $9,329 per
entity, depending on the number of vehicles owned and/or operated by
the affected entities.
While the RFA does not define a threshold for determining whether a
specific regulation results in a significant impact, the SBA, in
guidance to government agencies, provides some objective measures of
significance that the agencies can consider using. One measure that
could be used to illustrate a significant impact is labor costs;
specifically, whether the cost of the regulation exceeds one percent of
the average annual revenues of small entities in the sector. Given that
entities owning between zero and two CMVs would experience an increase
of $9, a small entity would need to have average annual revenue of less
than $900 to experience an impact greater than one percent of average
annual revenue. This is an average annual revenue that is smaller than
would be required for a firm to support one employee. The increased fee
amount and impact on revenue increase linearly depending on the
applicable fee bracket.
Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of SBREFA, FMCSA wants to assist
small entities in understanding this rulemaking so they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the rulemaking would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please consult the
person listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration'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.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. 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 $206 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2024 levels) or more
in any single year. Though this rulemaking would not result in such an
expenditure, and the analytical requirements of UMRA do not apply as a
result, the Agency discusses the effects of this rulemaking elsewhere
in this preamble.
G. 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).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 (64 FR 43255, Aug. 10, 1999),\13\ Federalism, 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.''
---------------------------------------------------------------------------
\13\ Available at <a href="https://www.federalregister.gov/documents/1999/08/10/99-20729/federalism">https://www.federalregister.gov/documents/1999/08/10/99-20729/federalism</a>.
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FMCSA has determined that this rulemaking 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 rulemaking does not have
sufficient federalism implications
[[Page 17624]]
to warrant the preparation of a Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\14\ 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.
---------------------------------------------------------------------------
\14\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
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,\15\ 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.
---------------------------------------------------------------------------
\15\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec.
17, 2002).
---------------------------------------------------------------------------
In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the rulemaking may have on
collecting, storing, and sharing personally identifiable information.
The PTA was adjudicated by DOT's Chief Privacy Officer on October 30,
2025.
J. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175 (65 FR
67249, Nov. 9, 2000),\16\ 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.
---------------------------------------------------------------------------
\16\ Available at <a href="https://www.federalregister.gov/documents/2000/11/09/00-29003/consultation-and-coordination-with-indian-tribal-governments">https://www.federalregister.gov/documents/2000/11/09/00-29003/consultation-and-coordination-with-indian-tribal-governments</a>.
---------------------------------------------------------------------------
K. 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 DOT Order 5610.1D,\17\ Subpart B, Subsection e,
paragraph (6)(h). The categorical exclusion 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 rulemaking are covered
by this CE.
---------------------------------------------------------------------------
\17\ Available at <a href="https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts">https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts</a>.
---------------------------------------------------------------------------
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found in the Abstract section of the Department's Unified Agenda entry
for this rulemaking at <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>.
List of Subjects in 49 CFR Part 367
Brokers, Freight, Freight forwarders, Insurance, Intergovernmental
relations, Motor carriers, Surety bonds.
Accordingly, FMCSA proposes to amend Title 49 CFR, subtitle B,
chapter III, part 367 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.
0
2. Remove section 367.30.
0
3. Redesignate section 367.40 as section 367.30.
0
4. Redesignate section 367.50 as section 367.40.
0
5. Revise newly redesignated section 367.40 to read as follows:
Section 367.40 Fees under the Unified Carrier Registration Plan and
Agreement for Registration Years Beginning in 2025 and Ending in 2026.
Table 1 to Section 367.40--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Years
Beginning in 2025 and Ending in 2026
----------------------------------------------------------------------------------------------------------------
Number of commercial
motor vehicles owned or Fee per entity for
operated by exempt or non- exempt or non-exempt Fee per entity for
Bracket exempt motor carrier, motor carrier, motor broker or leasing
motor private carrier, or private carrier, or company
freight forwarder freight forwarder
----------------------------------------------------------------------------------------------------------------
B1.................................... 0-2...................... $46 $46
B2.................................... 3-5...................... 138 ....................
B3.................................... 6-20..................... 276 ....................
B4.................................... 21-100................... 963 ....................
B5.................................... 101-1,000................ 4,592 ....................
B6.................................... 1,001 and above.......... 44,836 ....................
----------------------------------------------------------------------------------------------------------------
0
6. Add a new section 367.50 to read as follows:
Section 367.50 Fees under the Unified Carrier Registration Plan and
Agreement for Registration Year 2027 and Subsequent Years.
Table 1 to Section 367.50--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year
2027 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
Number of commercial
motor vehicles owned or Fee per entity for
operated by exempt or non- exempt or non-exempt Fee per entity for
Bracket exempt motor carrier, motor carrier, motor broker or leasing
motor private carrier, or private carrier, or company
freight forwarder freight forwarder
----------------------------------------------------------------------------------------------------------------
B1.................................... 0-2...................... $55 $55
B2.................................... 3-5...................... 167 ....................
B3.................................... 6-20..................... 333 ....................
[[Page 17625]]
B4.................................... 21-100................... 1,163 ....................
B5.................................... 101-1,000................ 5,548 ....................
B6.................................... 1,001 and above.......... 54,165 ....................
----------------------------------------------------------------------------------------------------------------
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-06726 Filed 4-6-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on April 7, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.