[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Notices]
[Pages 27777-27779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7236]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24555]


Establishment of the Uniform Carrier Registration Plan Board of 
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: FMCSA announces establishment of a Board of Directors for the 
Unified Carrier Registration Plan mandated under the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users. The 
Board will be responsible for issuing rules and regulations to govern 
the Uniform Carrier Registration Agreement (UCR Agreement). The UCR 
Agreement is the replacement system for the Single State Registration 
System (SSRS) due to expire on January 1, 2007. The UCR Agreement will 
govern the collection and distribution of registration and financial 
responsibility information provided and fees paid by for-hire and 
private motor carriers, brokers, freight forwarders, and leasing 
companies. The Secretary of Transportation establishes the initial 15-
member Board of Directors by direct appointment due to the imminent 
sunsetting of SSRS and the potential for significant loss of revenue to 
the 39 participating States if work is not completed prior to January 
1, 2007. FMCSA plans to solicit in the Federal Register nominations for 
successor membership prior to expiration of terms of membership.

DATES: Initial appointments to the Board of Directors are effective 
beginning on June 1, 2006.

ADDRESSES: You may submit comments, identified by DOT DMS Docket Number 
FMCSA-2006-24555, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://dms.dot.gov. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received will be posted 
without change to http://dms.dot.gov, including any personal 
information provided. For detailed instructions on submitting comments 
and additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document. For a summary of DOT's Privacy Act Statement or 
information on how to obtain a complete copy of DOT's Privacy Act 
Statement please see the ``Privacy Act'' heading.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 am and 5 pm, Monday through Friday, except 
Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. William Quade, (202) 366-2172, 
Director, Office of Safety Programs, Federal Motor Carrier Safety 
Administration, (MC-ES), 400 Seventh Street, SW., Washington, DC 20590-
0001. Office hours are from 8 a.m. to 5 p.m., e.t., Monday through 
Friday except Federal holidays.

SUPPLEMENTARY INFORMATION: Public Participation: Section 4305 of 
SAFETEA-LU created a new 49 U.S.C. 14504a. Section 14504a(d)(9) exempts 
the Unified Carrier Registration Plan, the Board and its committees 
from the Federal Advisory Committee Act. Nonetheless, the Board of 
Directors plans to periodically publish information concerning its 
proceedings and decisions in the public docket. FMCSA welcomes comments 
on the appointment of members to the Board and other issues related to 
the UCR Agreement. DMS is available 24 hours each day, 365 days each 
year. You can get electronic submission and retrieval help and 
guidelines under the ``help'' section of the DMS web site. If you want 
us to notify you of receiving your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.

Background

    Section 4305 of SAFETEA-LU [Pub. L. 109-59, 119 Stat. 1144, August 
10, 2005] created, under Title 49 U.S. Code, a new section 14504a 
titled ``Unified Carrier Registration System plan and agreement.'' 
Under the UCR Agreement, motor carriers, motor private carriers, 
brokers, freight forwarders, and leasing companies provide registration 
and financial responsibility information and pay certain fees. The 
Unified Carrier Registration Plan Board of Directors must issue rules 
and regulations to govern the UCR Agreement. Under the UCR Agreement, 
the USDOT Number will be the sole Federal identification number for all 
motor carriers. The UCR Agreement will replace the current SSRS, which 
will expire on January 1, 2007 in accordance with section 4305(a) of 
SAFETEA-LU.
    SSRS is a State-administered registration program covering for-hire 
interstate motor carriers. SSRS ensures that all interstate for-hire 
motor carriers maintain public liability insurance at the appropriate 
levels and are properly authorized under 49 U.S.C. 13902 to operate. A 
motor carrier must choose a single participating State in which to file 
its SSRS application. Usually a carrier is able to select the State in 
which it maintains its principal place of business. However, if that 
State is not a participating SSRS State, the carrier must select an 
SSRS-participant State in which it will operate the largest number of 
commercial motor vehicles in its fleet during the next registration 
year. Regardless of how the motor carrier makes the selection, the 
selected State is known as the ``base'' State and collects fees on 
behalf of all the participating States in which the motor carrier 
operates. A Canada- or Mexico-domiciled motor carrier also must select 
the State in the United States which it most frequently operates as its 
base State for registration purposes.
    Currently, 39 States participate in SSRS, and they use this 
registration system to generate revenues to supplement State general 
fund accounts and to conduct safety-related services. Historically, the 
for-hire motor carrier industry has complained about the cost of this 
program. Under section 4305 of SAFETEA-LU, Congress brokered a 
compromise that lowers the costs of for-hire motor carrier registration 
under SSRS while keeping the 39 participating States ``whole'' in terms 
of the amount of revenue they receive under SSRS.

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Congress accomplished this by spreading SSRS user fees to include a 
broader population of registrants and entities currently not required 
to register. By including private motor carriers, brokers, freight 
forwarders, leasing companies, and exempt for-hire motor carriers in 
the UCR Agreement, Congress lowered the registration costs for for-hire 
motor carriers and ensured that the SSRS States do not lose essential 
funding for safety services. SAFETEA-LU tasked the Board of Directors 
with developing an appropriate registration fee structure as well as a 
distribution formula for fees collected.
    Title 49 U.S.C. 14504a(a)(9) defines the Unified Carrier 
Registration Plan as the organization of State, Federal, and industry 
representatives responsible for developing, implementing, and 
administering the UCR Agreement. Section 14504a(d)(1)(B) directed the 
Secretary to establish a Unified Carrier Registration Plan Board of 
Directors made up of 15 members representing FMCSA, State government, 
and the motor carrier industry. The Board also must recommend initial 
annual fees to be assessed against carriers, leasing companies, 
brokers, and freight forwarders under the UCR Agreement. The Secretary 
must set the initial annual fees for the next agreement year and any 
subsequent adjustment of those fees within 90 days of receiving the 
Board's recommendation and only after notice and opportunity for public 
comment.
    Section 14504a(d) stipulates that the Unified Carrier Registration 
Plan Board of Directors must consist of representatives from the 
following groups:
    U.S. Department of Transportation (the Department): One 
individual--either the FMCSA Deputy Administrator or such other 
Presidential appointee from the Department--must represent the 
Department.
    Federal Motor Carrier Safety Administration: One director must be 
selected from each of the FMCSA service areas (as defined by FMCSA on 
January 1, 2005) from among the chief administrative officers of the 
State agencies responsible for administering the UCR Agreement. FMCSA 
has designated four Service Center areas throughout the Nation. The 
Eastern Service Center includes: Maine, New Hampshire, Vermont, 
Massachusetts, Rhode Island, Connecticut, Pennsylvania, New Jersey, New 
York, Maryland, Delaware, West Virginia, Virginia, Puerto Rico and the 
District of Columbia. The Southern Service Center includes: North 
Carolina, South Carolina, Tennessee, Arkansas, Oklahoma, Texas, 
Louisiana, Mississippi, Alabama, Georgia, Florida, and Kentucky. The 
Midwestern Service Center includes: Iowa, Illinois, Indiana, Kansas, 
Michigan, Missouri, Minnesota, Nebraska, Ohio, and Wisconsin. The 
Western Service Center includes: American Samoa, Alaska, Arizona, 
California, Colorado, Guam, Hawaii, Idaho, Montana, New Mexico, Nevada, 
North Dakota, Northern Mariana Islands, Oregon, South Dakota, Utah, 
Washington, and Wyoming.
    State Agencies: The five directors selected to represent State 
agencies must be from among the professional staffs of State agencies 
responsible for overseeing the administration of the UCR Agreement and 
must be nominated by the National Conference of State Transportation 
Specialists (NCSTS), a non-profit organization founded in 1959 and 
consisting of State agencies involved in transportation safety, 
insurance and consumer protection.
    Motor Carrier Industry: Five directors must represent the motor 
carrier industry. At least one of the five motor carrier industry 
representatives must be from ``a national trade association 
representing the general motor carrier of property industry'' and one 
of them must be from ``a motor carrier that falls within the smallest 
fleet fee bracket.'' The agency recognizes the American Trucking 
Associations, Inc. (ATA) as the national trade association representing 
the general motor carrier of property industry. ATA is a national 
affiliation of State trucking organizations representing the national, 
State and local interests of the 50 affiliated State trucking 
associations; and the interests of specialized areas of the trucking 
industry through conferences and councils. The agency has selected the 
Owner-Operator Independent Drivers Association (OOIDA) as the 
organization from which to appoint an individual to represent motor 
carriers comprising the smallest fleet fee bracket. OOIDA is a national 
trade association representing the interests of small trucking 
companies and drivers. The Secretary has discretion to appoint the 
remaining three industry representatives. In order to ensure 
participation on the Board by segments of the industry newly subject to 
the SSRS replacement system, the Secretary appoints three members as 
follows: (1) One member from the Transportation Intermediaries 
Association (TIA), (2) one member from the National Private Truck 
Council (NPTC), and (3) one member from Wal-Mart Stores, Inc. (Wal-
Mart). TIA represents transportation intermediaries such as brokers, 
freight forwarders, and shippers doing business in domestic and 
international commerce. NPTC is a national trade association 
representing private motor carrier fleets. With nearly 7,000 tractors, 
over 40,000 trailers, and annual sales over $285 billion, Wal-Mart is 
the nation's largest private motor carrier.
    Section 14504a(d)(1)(C) requires the Secretary to appoint a 
Chairperson and Vice-Chairperson of the Board; these appointments will 
be made at a later date.

Board of Directors

    Today's action provides public notice of appointment of the Unified 
Carrier Registration Plan Board of Directors. In the event any of the 
positions become vacant prior to the term expiration, new appointments 
would be made in accordance with section 14504a(d)(1). Initial 
appointments are as listed below:
    U.S. Department of Transportation. The Deputy Administrator of 
FMCSA will represent the Department. In the absence of a Deputy 
Administrator, the Secretary would appoint another such Presidential 
appointee from the Department to represent the agency.
    Federal Motor Carrier Safety Administration. Mr. Anthony D. 
Portanova, Deputy Commissioner, Connecticut Department of Motor 
Vehicles (CTDMV) is being appointed to represent the FMCSA Eastern 
Service Center. Mr. Portanova has overseen the Commercial Vehicle 
Safety Division and the Dealers and Repairers Division since July 1999. 
Prior to his appointment as Deputy Commissioner, Mr. Portanova owned 
and operated Portanova, Inc., an intrastate and interstate 
transportation and warehousing company for 34 years. He retired in 1998 
and became Deputy Commissioner in July 1999. In addition to 
responsibilities as Deputy Commissioner, Mr. Portanova serves as 
Project Sponsor to the Commercial Vehicle Information System Network 
Project, the Chairman of a Subcommittee under the Connecticut 
Transportation Strategy Board, and was formerly Director, Motor 
Transport Association of Connecticut.
    Ms. Angel O. Oliver, Supervisor, Credentialing Unit, Motor Carrier 
Division, Texas Department of Transportation (TXDOT) is being appointed 
to represent the FMCSA Southern Service Center. The Motor Carrier 
Division is responsible for administering SSRS in Texas and providing 
credentials to intrastate and interstate for-hire motor carriers. Ms. 
Oliver has been with TXDOT for 18 years.
    Ms. Ruth Sluzacek, Director of Motor Carrier Services, Iowa Motor 
Vehicle Division, Iowa Department of

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Transportation, is being appointed to represent the FMCSA Midwestern 
Service Center. Ms. Sluzacek has been the Director of Motor Carrier 
Services since 1989, and her office is responsible for issuing size and 
weight permits and administering the International Registration Plan 
(IRP), the International Fuel Tax Agreement (IFTA) licensing and 
quarterly fuel tax processing, and SSRS.
    Mr. Frank Laqua, Administrator of Motor Carrier Services, North 
Dakota Department of Transportation is being appointed to represent the 
Western Service Center. Mr. Laqua has been with the North Dakota 
Department of Transportation for 19 years, serving 11 of those years as 
Administrator of Motor Carrier Services. As Administrator, Mr. Laqua is 
responsible for IFTA licensing and administering both IRP and SSRS. He 
currently represents North Dakota as the IRP and IFTA Commissioner.
    State Agencies. NCSTS has nominated, and the Secretary has 
appointed, the following individuals to represent State agencies on the 
Board:
    (1) Mr. Avelino A. Gutierrez, Staff Counsel, New Mexico Public 
Regulation Commission (NMPRC). Mr. Gutierrez has been with the NMPRC 
for over 15 years, and his main area of expertise has been in the 
transportation field. He served as NCSTS president from June 2003 to 
June 2004.
    (2) Ms. Barbara Hague, Special Projects Coordinator, Missouri 
Department of Transportation Motor Carrier Services (MODOT). Ms. Hague 
has 35 years of experience in State transportation regulation, 
supervising the operating authority application, licensing, insurance, 
and tariff requirements for intrastate and interstate carriers. She 
implemented a paperless office system for operating authority 
transactions with MODOT.
    (3) Mr. Dave Lazarides, Director of Processing and Information, 
Illinois Commerce Commission, Transportation Bureau; Program Manager, 
Commercial Vehicle Information Systems and Network for the State of 
Illinois. Mr. Lazarides played a major role in the design of the SSRS 
software which has been adopted by 25 other States. He also serves as a 
consultant to States regarding electronic commerce initiatives and acts 
as chairman of the Electronic Commerce Committee for NCSTS.
    (4) Mr. William Leonard, Director of the Freight Compliance and 
Safety Bureau, New York Department of Transportation (NYDOT). Mr. 
Leonard's office is responsible for both the Motor Carrier Safety 
Assistance Program and SSRS for the State of New York. NYDOT is also 
responsible for the issuance of operating authority to for-hire 
intrastate motor carriers in the State of New York.
    (5) Mr. Terry Willert, Chief, Transportation Section, Colorado 
Public Utility Commission (COPUC). Mr. Willert currently serves as 
NCSTS Treasurer and its Strategic Planning Committee Chairman. He has 
been with the COPUC Transportation Section for 22 years, serving as an 
investigator and now as Chief. COPUC is responsible for administering 
SSRS, permitting, and monitoring insurance and safety of for-hire motor 
carriers in Colorado.

Motor Carrier Industry

    (1) ATA representative. Mr. Robert C. Pitcher, ATA Vice President, 
State Laws Division, is being appointed to represent the national trade 
association representing the general motor carrier of property 
industry. Mr. Pitcher has been involved in many aspects of motor 
carrier operations, regulation, registration, and taxation. He worked 
first at the Federation of Tax Administrators--an association of State 
revenue agencies--where he worked with programs of tax training and 
research concentrating on fuel taxes. He has been with ATA's State Laws 
Division for 14 years.
    (2) OOIDA representative. Mr. Rick Craig, Owner Operator and 
Independent Driver Association, Treasurer and Director of Regulatory 
Affairs and the Executive Director of the OOIDA Foundation is being 
appointed to represent small motor carriers that fall within the 
smallest fleet fee bracket. Mr. Craig has more than 30 years experience 
in the trucking industry.
    (3) Other motor carrier industry representatives. Robert A. 
Voltmann, Transportation Intermediaries Association, President and 
Chief Executive Officer, is being appointed as the third motor carrier 
industry representative. Mr. Voltmann has been in his current position 
with TIA for nine years.
    Richard P. Schweitzer, National Private Truck Council, General 
Counsel, is being appointed as the fourth motor carrier industry 
representative. Mr. Schweitzer has a private practice in Washington, 
DC. In his capacity as General Counsel to NPTC, he represented private 
motor carriers in discussions leading to enactment of The Unified 
Carrier Registration Act of 2005, Subtitle C of Title IV of SAFETEA-LU.
    Mr. Craig Sharkey, Wal-Mart, Associate General Counsel for the 
Logistics Division, is being appointed as the fifth motor carrier 
industry representative. Mr. Sharkey has served as Associate General 
Counsel since 2002. The Logistics Division supports the distribution, 
warehousing, transportation, import, global procurement, and aviation 
segments of Wal-Mart's business.

Board Member Term Limits

    Appointees to the initial Board of Directors identified in today's 
notice will serve staggered term limits. Title 49 U.S.C. 
14504a(d)(1)(D) granted the Secretary discretion to assign five 
directors to 3-year terms, five directors to 2-year terms, and five 
directors to 1-year terms. All successor appointees, except the FMCSA 
Deputy Administrator, will serve a uniform 3-year term. The FMCSA 
Deputy Administrator, or other individual designated by the Secretary 
to represent the Department, will serve at the discretion of the 
Secretary.
    The initial term limits are designated as follows:
    Three-year term. Each of the five Directors representing the motor 
carrier industry will serve an initial term of 3 years. FMCSA believes 
it is important to designate the maximum term limit for the motor 
carrier industry representatives because they are the group most 
affected by creation of the UCR Agreement and Plan. A 3-year term would 
ensure consistent representation on the Board by this group and provide 
adequate time to solicit successor nominations in the Federal Register 
prior to expiration of their term limits.
    Two-year term. Each of the four Directors representing the FMCSA 
Service Center areas will serve an initial term of 2 years. A 2-year 
term will ensure adequate time to solicit successor nominations in the 
Federal Register prior to expiration of their term limits.
    One-year term. Each of the five Directors representing State 
agencies will serve an initial term of 1 year. A 1-year term limit will 
allow NCSTS greater flexibility in determining who represents them, 
especially for the initial Board.

    Issued on May 5, 2006.
Warren E. Hoemann,
Acting Administrator.
[FR Doc. E6-7236 Filed 5-11-06; 8:45 am]
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