[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Proposed Rules]
[Pages 4521-4522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1772]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2010-0009]


Uniform Carrier Registration Plan Board of Directors; Request for 
Nominations

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

ACTION: Notice Requesting Public Comment on Motor Carrier Industry 
Nominations to the Board of Directors.

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SUMMARY: The FMCSA solicits nominations and applications from 
interested persons to serve as motor carrier industry representatives 
on the Board of Directors of the Unified Carrier Registration Plan, 
which governs the Uniform Carrier Registration Agreement (UCRA), as 
authorized by the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (SAFETEA-LU). The Agency will appoint 
five members from the motor carrier industry. The UCRA governs the 
registration and the collection and distribution of fees paid by for-
hire and private motor carriers, brokers, freight forwarders, and 
leasing companies. The UCRA replaced the Single State Registration 
System (SSRS), which was repealed January 1, 2008.

DATES: Nominations to the Board of Directors must be received on or 
before February 12, 2010.

ADDRESSES: You may submit comments to this notice, identified by docket 
number FMCSA-2010-0009, 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-
2010-0009'', 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-2010-0009, 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].

Background

    Section 4305(b) of SAFETEA-LU [Pub. L. 109-59, 119 Stat. 1144, 
August 10, 2005] enacted 49 U.S.C. 14504a titled ``Unified carrier 
registration system plan and agreement.'' Under the UCRA, motor 
carriers, motor private carriers, brokers, freight forwarders, and 
leasing companies register and pay certain fees. The Unified Carrier 
Registration Plan Board of Directors must issue rules and regulations 
to govern the UCR. Section 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 UCRA. Section 14504a(d)(1)(B) directed the Secretary 
to establish a Unified Carrier Registration Plan Board of Directors 
made up of 15 members from 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 UCRA, as well as any annual adjustments to those 
fees. Section 14504a(d) stipulates that the Unified Carrier 
Registration Plan Board of Directors must consist of directors 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 UCRA.
    State Agencies: The five directors selected to represent State 
agencies must be from among the professional

[[Page 4522]]

staffs of State agencies responsible for overseeing the administration 
of the UCRA 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 be from the motor 
carrier industry. Today's publication serves as a notice for public 
comment and recommendations for the five members of the UCRA Board of 
Directors from the motor carrier industry in accordance with 49 U.S.C. 
14504a(d). At least one of the five motor carrier industry directors 
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 establishment of the Board was announced in the Federal 
Register on May 12, 2006 (71 FR 27777). In that notice, the Agency 
recognized 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 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 previously 
appointed 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.
    Each of the five current Directors from the motor carrier industry 
served an initial term of 3 years. Those terms expired, but the 
directors continue to serve until their replacements are appointed; 
each of them may be reappointed (49 U.S.C. 14504a(d)(1)(D)(iii) and 
(iv)).

Board Member Nominations

    FMCSA seeks either nominations of, or expressions of interest from, 
individuals to serve as members of the board of directors for the UCR 
Plan from the motor carrier industry. Nominations or expressions of 
interest should be transmitted by means of the procedures for comments 
specified earlier in this notice. FMCSA and the Department will make 
the appointments for the five members from the motor carrier industry 
for three-year terms, expiring on May 31, 2012.

    Issued on: January 15, 2010.
William A. Quade,
Associate Administrator, Enforcement and Program Delivery.
[FR Doc. 2010-1772 Filed 1-27-10; 8:45 am]
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