[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Rules and Regulations]
[Pages 10157-10158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3603]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2007-27871]
RIN 2126-AB15


Fees for Unified Carrier Registration Plan and Agreement; 
Correction

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

ACTION: Correcting amendments.

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SUMMARY: This document makes a technical correction to the annual fees 
and fee bracket structure for the Unified Carrier Registration 
Agreement that were published in the Federal Register of August 24, 
2007 (72 FR 48585). The fees and fee bracket structure are required 
under the Uniform Carrier Registration Act of 2005, enacted as Subtitle 
C of Title IV of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users. This document corrects 
the year in which the fees and fee bracket structure are effective.

DATES: Effective date: February 26, 2008.

FOR FURTHER INFORMATION CONTACT: Jason Hartman, Regulatory Development 
Division, (202) 366-5043, or by e-mail at: [email protected]. Office 
hours are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Legal Basis for the Rulemaking

    This technical correction involves the fees for the Unified Carrier 
Registration Agreement (UCR Agreement) established by 49 U.S.C. 14504a, 
enacted by section 4305(b) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
(119 Stat. 1144, 1764 (2005)). Section 14504a states that the ``Unified 
Carrier Registration Plan * * * mean[s] the organization * * * 
responsible for developing, implementing, and administering the unified 
carrier registration agreement'' (49 U.S.C. 14504a(a)(9)). The UCR 
Agreement developed by the Unified Carrier Registration Plan (UCR Plan) 
is the ``interstate agreement governing the collection and distribution 
of registration and financial responsibility information provided and 
fees paid by motor carriers, motor private carriers, brokers, freight 
forwarders and leasing companies * * * '' (49 U.S.C. 14504a(a)(8)).
    The statute provides for a 15-member Board of Directors for the UCR 
Plan and Agreement (Board) appointed by the Secretary of 
Transportation. The establishment of the Board was announced in the 
Federal Register on May 12, 2006 (71 FR 27777).
    Among its responsibilities, the Board was required to submit to the 
Secretary of Transportation \1\ a recommendation for the initial annual 
fees to be assessed motor carriers, motor private carriers, freight 
forwarders, brokers and leasing companies under the UCR Agreement (49 
U.S.C. 14504a(d)(7)(A)). The FMCSA then was directed to set the fees 
within 90 days after receiving the Board's recommendation and after 
notice and opportunity for public comment (49 U.S.C. 14504a(d)(7)(B)). 
The FMCSA established fees and a fee bracket structure in a final rule 
published in the Federal Register on August 24, 2007 (72 FR 48585).
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    \1\ The Secretary's functions under section 14504a have been 
delegated to the Administrator of the Federal Motor Carrier Safety 
Administration. 49 CFR 1.73(a)(7), as amended, 71 FR 30833 (May 31, 
2006).
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Background

    In the final rule of August 24, 2007 (72 FR 48585), the FMCSA 
erroneously specified that the fees and fee bracket structure adopted 
in that rule pertained only to the registration year 2007. Under the 
statute, however, the fees set by FMCSA apply to each registration year 
unless and until the Board recommends an adjustment in the annual fees 
in accordance with 49 U.S.C. 14504a(f)(1)(E). Only after the UCR Board 
and FMCSA follow the procedures specified in 49 U.S.C. 14504a(d)(7)(B) 
and FMCSA approves a new set of fees and fee brackets would they become 
effective.

Need for Correction

    This technical correction is required to allow the UCR Plan to 
continue to collect the established fees in each registration year. The 
FMCSA is correcting the section heading of 49 CFR 367.20 and the 
caption of the fee table in Sec.  367.20 to specify that the section 
establishes fees under the UCR Plan and the UCR Agreement for each 
registration year.

Regulatory Analyses and Notices

Administrative Procedure Act

    The Administrative Procedure Act provides exceptions to its notice 
and public comment procedures when an agency finds there is good cause 
on the basis that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' (See 5 U.S.C. 553(b)). As stated 
above, the amendment made by this final rule merely corrects an 
inadvertent error. The FMCSA therefore finds good cause that notice and 
public comment are unnecessary. Further, the Agency finds good cause 
under 5 U.S.C. 553(d)(3) to make the amendment effective upon 
publication.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or within 
the meaning of Department of Transportation regulatory policies and 
procedures. The Office of Management and Budget did not review this 
document. We expect the final rule will have minimal costs; therefore, 
a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has evaluated the effects of this rule on small entities. 
Because the rule only makes editorial corrections and places no new 
requirements on the regulated industry, FMCSA certifies that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking will not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et 
seq.), that will result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $128.1 
million or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This action will meet applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation,

[[Page 10158]]

eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    The FMCSA analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. We determined that this rulemaking will not concern an 
environmental risk to health or safety that may disproportionately 
affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking does not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 13132 (Federalism)

    The FMCSA analyzed this rule in accordance with the principles and 
criteria contained in Executive Order 13132. The FMCSA has determined 
that this rulemaking will not have a substantial direct effect on 
States, nor will it limit the policy-making discretion of the States. 
Nothing in this document will preempt any State law or regulation.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that FMCSA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with this 
final rule.

National Environmental Policy Act

    The FMCSA analyzed this final rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and 
determined under our environmental procedures Order 5610.1, issued 
March 1, 2004 (69 FR 9680), that this action is categorically excluded 
(CE) under Appendix 2, paragraph 6.h of the Order from environmental 
documentation. In addition, the Agency believes that this action 
includes no extraordinary circumstances that will have any effect on 
the quality of the environment. Thus, the action does not require an 
environmental assessment or an environmental impact statement.
    The FMCSA also analyzed this rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401, et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it will have no effect on the environment.

Executive Order 13211 (Energy Effects)

    The FMCSA analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We determined that it is not a ``significant 
energy action'' under that Executive Order because it will not be 
likely to have a significant adverse effect on the supply, 
distribution, or use.

List of Subjects in 49 CFR Part 367

    Commercial motor vehicle, Financial responsibility, Motor carriers, 
Motor vehicle safety, Registration, Reporting and recordkeeping 
requirements.

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In consideration of the foregoing, FMCSA amends title 49, Code of 
Federal Regulations, part 367, as follows:

PART 367--STANDARDS FOR REGISTRATION WITH STATES

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1. The authority citation for part 367 continues to read as follows:

    Authority: 49 U.S.C. 13301, 14504, 14504a; and 49 CFR 1.73.


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2. Correct the section heading and the title of the table in Sec.  
367.20 to read as follows:


Sec.  367.20  Fees under the Unified Carrier Registration Plan and 
Agreement for Each Registration Year.

Fees Under the Unified Carrier Registration Plan and Agreement for Each 
Registration Year

* * * * *

    Issued on: February 20, 2008.
John H. Hill,
 Administrator.
[FR Doc. E8-3603 Filed 2-25-08; 8:45 am]
BILLING CODE 4910-EX-P