[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Proposed Rules]
[Pages 47911-47912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22645]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2009-0231]
RIN-2126-AB19


Fees for the Unified Carrier Registration Plan and Agreement

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

ACTION: Notice of Proposed Rulemaking; extension of comment period.

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SUMMARY: FMCSA extends the time for submitting comments for an 
additional ten days in response to the notice of proposed rulemaking 
(NPRM) proposing fees for the Unified Carrier Registration Plan and 
Agreement published on September 3, 2009. The FMCSA received a request 
to extend the comment period from the five industry representatives on 
the Board of Directors of the Unified Carrier Registration Agreement 
(Board), which was supported by several other interested parties. The 
extension of the comment period will allow all interested parties 
additional time to submit comments to the proposed rule.

DATES: The comment period for the proposed rule published September 3, 
2009 (74 FR 45583) is extended. Comments must be received on or before 
September 28, 2009.

ADDRESSES: You may submit comments, identified by docket number FMCSA-
2009-0231 and/or RIN 2126-AB19, by any of the following methods--
Internet, facsimile, regular mail, or hand-deliver.
    Federal eRulemaking Portal: Federal Docket Management System (FDMS) 
Web site at http://www.regulations.gov. The FDMS is the preferred 
method for submitting comments, and we urge you to use it. In the 
``Comment'' or ``Submission'' section, type Docket ID Number ``FMCSA-
2009-0231'', select ``Go'', and then click on ``Send a Comment or 
Submission.'' You will receive a tracking number when you submit a 
comment.
    Fax: 1-202-493-2251.
    Mail, Courier, or Hand-Deliver: U.S. Department of Transportation, 
Docket Operations (M-30), West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are 
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays.
    Docket: Comments and material received from the public, as well as 
background information and documents mentioned in this preamble, are 
part of docket FMCSA-2009-0231, and are available for inspection and 
copying on the Internet at http://www.regulations.gov. You may also 
view and copy documents at the U.S. Department of Transportation's 
Docket Operations Unit, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    Privacy Act: All comments will be posted without change including 
any personal information provided to the FDMS at http://www.regulations.gov. Anyone can search the electronic form of all our 
dockets in FDMS, by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc). The Department of Transportation's (DOT) 
complete Privacy Act Statement was published in the Federal Register on 
April 11, 2000 (65 FR 19476), and can be viewed at http://docketsinfo.dot.gov. Comments received after the comment closing date 
will be included in the docket, and we will consider late comments to 
the extent practicable. FMCSA may, however, issue a final rule at any 
time after the close of the comment period.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Otto, Office of Enforcement 
and Program Delivery, (202) 366-0710, FMCSA, Department of 
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590 or by 
e-mail at: [email protected].

SUPPLEMENTARY INFORMATION:
    On September 8, 2009, the five industry representatives on the 
Board of Directors of the Unified Carrier Registration Agreement sent a 
request on behalf of themselves and their respective organizations 
including the American Trucking Associations, the National Private 
Trucking Council, the Owner Operator Independent Drivers Association, 
the Transportation Intermediaries Association, and Walmart for an 
extension of the comment period in the subject rulemaking proceeding.
    Requests for extension of time to comment in a rulemaking 
proceeding before FMCSA are governed by the provisions of 49 CFR 
389.19. Extensions require a showing of good cause, and are granted if 
consistent with the public interest.
    Petitioners contend that the agency is required to provide an 
extension because of the provisions of Executive Order No. 12866, 58 FR 
51733 (Oct. 4, 1993), as amended by Executive Order No. 13258, 67 FR 
9383 (Feb. 28, 2002). Section 6 of E.O. 12866 provides that:

    Each agency shall (consistent with its own rules, regulations, 
or procedures) provide the public with meaningful participation in 
the regulatory process. In particular, before issuing a notice of 
proposed rulemaking, each agency should, where appropriate, seek the 
involvement of those who are intended to benefit from and those 
expected to be burdened by any regulation (including, specifically, 
State, local, and tribal officials). In addition, each agency should 
afford the public a meaningful opportunity to comment on any 
proposed regulation, which in most cases should include a comment 
period of not less than 60 days.

    In this matter, after the Board submitted its initial proposal for 
an adjustment of the UCR fees on April 3, 2009, FMCSA's designated 
member of the Board responded by conducting a telephone conference on 
April 23 with the Board's chairman and the chairman of Board's revenue 
and fees subcommittee to discuss several issues presented by the 
proposal. Those issues were explained in more detail in a written set 
of questions to the Board transmitted immediately after the conference.
    Over the next few months, in the course of public meetings of the 
board of directors in May 14, June 16 and 17, and July 9, the issues 
raised by FMCSA were discussed. At its June meeting, the Board voted by 
a majority to reconsider the proposal submitted on April 3. The revenue 
and fees subcommittee of the Board, which has members from the motor 
carrier industry, met thereafter to consider alternative proposals that 
might address the issues raised by FMCSA. Two such proposals to replace 
the April 3 proposal were put to a vote by the Board at its meeting on 
July 9; both proposals failed to be adopted because of a tie vote among 
the members of the Board present and voting. On July 15, the Board 
submitted a letter advising the agency of these facts and, in effect, 
requesting FMCSA to proceed with the rulemaking proceeding contemplated 
by 49 U.S.C. 14504a(d)(7). As indicated in that letter, the Board and 
FMCSA both consider that the 90-day statutory time period for 
completion of the proceeding commenced on July 15. Petitioners'

[[Page 47912]]

contention that the statutory time limit has already expired is not 
correct.
    In any case, by seeking the involvement of the Board in addressing 
the issues raised by the agency, interested and affected members of the 
Board and the public at large have long been aware of both the nature 
of the various fee proposals and the issues raised by FMCSA. Those 
issues have now been presented for public comment in the notice of 
proposed rulemaking issued on September 3. Because the 90-day period 
specified by statute ends on October 15, 2009, FMCSA had no option 
other than providing a short time for submitting comments, in order to 
provide the agency sufficient time to consider the public comments and 
to prepare a final rule. The 15-day comment period is the same comment 
period that was provided in 2007, without objection by any interested 
person, for consideration of the initial fees recommended by the Board. 
See 72 FR 29472 (May 29, 2007).
    The provisions of E.O. 12866 quoted above do not require a 60-day 
comment period in every rulemaking, but instead clearly recognize that, 
in some cases, a shorter comment period is appropriate. Petitioners and 
other interested parties have had an opportunity for ``meaningful 
participation'' in the regulatory process over the last several months. 
Nonetheless good cause has been shown to grant a short extension of the 
comment period in this matter, in order to allow petitioners and the 
general public an opportunity to provide comprehensive comments on the 
proposed fees and fee bracket structure included in the NPRM published 
by FMCSA on September 3, 2009.
    FMCSA, in the public interest grants in part the petitioner's 
request to extend the comment period. The Agency extends the comment 
period by ten days; comments must be received on or before September 
28, 2009.

    Issued: September 15, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-22645 Filed 9-17-09; 8:45 am]
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