[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Proposed Rules]
[Pages 44143-44150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20079]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2017-0118]
RIN 2126-AC03


Fees for the Unified Carrier Registration Plan and Agreement

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

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: FMCSA proposes to establish reductions in the annual 
registration fees collected from motor carriers, motor private carriers 
of property, brokers, freight forwarders, and leasing companies for the 
Unified Carrier Registration (UCR) Plan and Agreement for the 
registration years 2018, 2019 and subsequent years. For the 2018 
registration year, the fees would be reduced below the current level by 
approximately 9.10% to ensure that fee revenues do not exceed the 
statutory maximum, and to account for the excess funds held in the 
depository. For the 2019 registration year, the fees would be reduced 
below the current level by approximately 4.55% to ensure the fee 
revenues in that and future years do not exceed the statutory maximum.

DATES: Comments on this notice of proposed rulemaking must be received 
on or before October 2, 2017.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2017-0118 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Gerald Folsom, Office of 
Registration and Safety Information, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 
by telephone at 202-385-2405. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 
    This notice of proposed rulemaking (NPRM) is organized as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Waiver of Advance Notice of Proposed Rulemaking
II. Executive Summary
    A. Purpose and Summary of the Major Provisions
    B. Benefits and Costs
III. Abbreviations and Acronyms
IV. Legal Basis
V. Statutory Requirements
    A. Legislative History
    B. Fee Requirements
VI. Background
VII. Discussion of Proposed Rulemaking
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory 
Policies and Procedures as Supplemented by E.O. 13563)
    B. E.O. 13771 Reducing Regulation and Controlling Regulatory 
Costs
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act (Collection of Information)
    G. E.O. 13132 (Federalism)
    H. E.O. 12988 (Civil Justice Reform)
    I. E.O. 13045 (Protection of Children)
    J. E.O. 12630 (Taking of Private Property)
    K. Privacy
    L. E.O. 12372 (Intergovernmental Review)
    M. E.O. 13211 (Energy Supply, Distribution, or Use)
    N. E.O. 13175 (Indian Tribal Governments)
    O. National Technology Transfer and Advancement Act (Technical 
Standards)
    P. Environment (NEPA, CAA, Environmental Justice)

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (Docket No. FMCSA-2017-0118), indicate the specific section of 
this document to which each section 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

[[Page 44144]]

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 that FMCSA can contact you if there are questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2017-0118, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    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. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the general 
public by the submitter. Under the Freedom of Information Act, CBI is 
eligible for protection from public disclosure. If you have CBI that is 
relevant or responsive to this NPRM, it is important that you clearly 
designate the submitted comments as CBI. Accordingly, please mark each 
page of your submission as ``confidential'' or ``CBI.'' Submissions 
designated as CBI and meeting the definition noted above will not be 
placed in the public docket of this NPRM. Submissions containing CBI 
should be sent to Brian Dahlin, Chief, Regulatory Analysis Division, 
1200 New Jersey Avenue SE., Washington, DC 20590. Any commentary that 
FMCSA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking. FMCSA will consider 
all comments and material received during the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2017-0118, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the Internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal 
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

D. Advanced Notice of Proposed Rulemaking Not Required

    Under section 5202 of the FAST Act, Public Law, 114-94 (FAST Act), 
FMCSA is required to publish an advance notice of proposed rulemaking 
for any major or significant rules, unless the Agency finds good cause 
that an ANPRM is impracticable, unnecessary, or contrary to the public 
interest. FMCSA has determined that this proposed rule is not 
significant; therefore, it is not a major rule that requires an ANPRM.

II. Executive Summary

A. Purpose and Summary of the Major Provisions

    The UCR Plan and the 41 States participating in the UCR Agreement 
establish and 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 of 
directors (UCR Board); 14 appointed from the participating States and 
the industry, plus the Deputy Administrator of FMCSA. Revenues 
collected are allocated to the participating States and the UCR Plan. 
In accordance with the statute, adjustments must be requested by the 
UCR Plan when annual revenues exceed the maximum allowed in accordance 
with 49 U.S.C. 14504a(f)(1)(E)(ii). Also, excess funds held by the UCR 
Plan after payments to the States and for administrative costs are 
retained in its depository and subsequent fees charged are reduced as 
required by 49 U.S.C. 14504a(h)(4). These two distinct provisions are 
the reasons for the two-stage adjustment proposed in this rule. The 
NPRM proposes to provide for a reduction for at least the next two 
registration years to the annual registration fees established for the 
Unified Carrier Registration (UCR) Agreement.
    The UCR Plan collects registration fees for each registration year. 
Collection begins on or about October 1st of the previous year, and 
continues until December 31st of the following year. For example, 
collection for the 2016 registration year began on October 1st, 2015, 
and will end on December 31st 2017. Currently the UCR Plan estimates 
that by December 31st of 2017, total revenues will exceed the statutory 
maximum for the 2016 registration year by $5.13 million, or 
approximately 4.55%. This is the first time that revenues collected 
will exceed the statutory maximum. Therefore, in March 2017, the UCR 
Board requested that FMCSA adjust the fees in a two-stage process. For 
the 2018 registration year, with collection beginning on or about 
October 1st of 2017, the fees would be reduced below the current level 
by approximately 9.10% to ensure that fee revenues do not exceed the 
statutory maximum, and to reduce the excess funds held in the 
depository. For the 2019 registration year, with collection beginning 
on or about October 1st of 2018, the fees would be reduced below the 
current level by approximately 4.55% to ensure the fee revenues in that 
and future years do not exceed the statutory maximum. The UCR Plan 
requested that the reduction for 2018 be adopted no later than August 
31, 2017, to enable the participating States and the UCR Plan to 
reflect the new fees when collections for the 2018 registration year 
begins on or about October 1, 2017. The adoption of the adjusted fees 
must be accomplished by rulemaking by FMCSA under authority delegated 
from the Secretary of Transportation.

B. Benefits and Costs

    The changes proposed in this NPRM will reduce the fees paid by 
motor carriers, motor private carriers of property, brokers, freight 
forwarders, and leasing companies to the participating States. Fees are 
considered by the Office of Management and Budget (OMB) Circular A-4, 
Regulatory Analysis, as transfer payments, not costs. Transfer payments 
are payments from one group to another that do not affect total 
resources available to society. Therefore, transfers are not considered 
in the monetization of

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societal costs and benefits of rulemakings.
    The UCR Plan's formal recommendation requested that FMCSA publish a 
rule reducing the fees paid per motor carrier, motor private carrier of 
property, broker, freight forwarder, and leasing company based on an 
analysis of current collections and past trends. The Agency reviewed 
the UCR Plan's formal recommendation and concluded that the UCR Plan's 
projection of the total revenues received for registration year 2016 
may have been understated. This understatement would result in slightly 
higher fees for certain brackets. FMCSA conducted its own analysis, 
adjusted the methodology for projecting collections through the 
remainder of 2017, and updated the fees accordingly. The total amount 
targeted for collection by the UCR Plan will not change as a result of 
this rule, but the fees paid, or transfers, per affected entity will be 
reduced.

III. Abbreviations and Acronyms

    The following is a list of abbreviations used in this document

Board Unified Carrier Registration Board of Directors
CAA Clean Air Act
CE Categorical Exclusion
FAST Act Fixing America's Surface Transportation Act, Public Law 
114-94, 129 Stat. 1312 (Dec. 2, 2015)
FMCSA Federal Motor Carrier Safety Administration
NCSTS National Conference of State Transportation Specialists
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act
SSRS Single State Registration System
UCR Unified Carrier Registration
UCR Agreement Unified Carrier Registration Agreement
UCR Plan Unified Carrier Registration Plan

IV. Legal Basis for the Rulemaking

    This rule proposes to make adjustments in the annual registration 
fees for the UCR Agreement established by 49 U.S.C. 14504a. The 
requested fee adjustments are required by 49 U.S.C. 14504a because, for 
the registration year 2016, the total revenues collected are expected 
to exceed for the first time the total revenue entitlements of $107.78 
million distributed to the 41 participating States plus the $5 million 
established for the administrative costs associated with the UCR Plan 
and Agreement. The requested adjustments have been submitted by the UCR 
Plan in accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), which requires 
the Plan to request an adjustment by the Secretary when the annual 
revenues exceed the maximum allowed. In addition, 49 U.S.C. 
14504a(h)(4) states that any excess funds held by the UCR Plan in its 
depository, after payments to the States and for administrative costs, 
shall be retained ``and the fees charged . . . shall be reduced by the 
Secretary accordingly.''
    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. Statutory Requirements for the UCR Fees

A. Legislative History

    The statute 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)) (UCR Plan). The UCR Agreement 
developed by the 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 legislative history of the statute indicates that the purpose 
of the UCR Plan and Agreement is both to replace the Single State 
Registration System (SSRS) for registration of interstate motor carrier 
entities with the States and to ``ensure that States don't lose current 
revenues derived from SSRS'' (S. Rep. 109-120, at 2 (2005)). The 
statute provides for a 15-member Board of Directors for the UCR Plan to 
be appointed by the Secretary of Transportation. The statute specifies 
that the UCR Board should consist of one individual (either the Federal 
Motor Carrier Safety Administration (FMCSA) Deputy Administrator or 
another Presidential appointee) from the Department of Transportation; 
four directors from among the chief administrative officers of the 
State agencies responsible for administering the UCR Agreement (one 
from each of the four FMCSA service areas); five directors from among 
the professional staffs of State agencies responsible for administering 
the UCR Agreement, to be nominated by the National Conference of State 
Transportation Specialists (NCSTS); and five directors from the motor 
carrier industry, of whom at least one must be from a national trade 
association representing the general motor carrier of property industry 
and one from a motor carrier that falls within the smallest fleet fee 
bracket.
    The UCR Plan and the participating States are authorized by 49 
U.S.C. 14504a(f) to establish and collect fees from motor carriers, 
motor private carriers of property, brokers, freight forwarders, and 
leasing companies. The current annual fees charged are set out in 49 
CFR 367.30. These fees were adopted by FMCSA in 2010 after a rulemaking 
proceeding that considered the substantial increase in fees over the 
fees initially established in 2007. Compare 75 FR 21993 (Apr. 27, 2010) 
with 72 FR 48585 (Aug. 24, 2007).
    For carriers and freight forwarders, the fees vary according to the 
size of the vehicle fleets, as required by 49 U.S.C. 14504a(f). The 
fees collected are allocated to the States and the UCR Plan in 
accordance with 49 U.S.C. 14504a(h).

B. Fee Requirements

    The statute specifies that fees are to be based upon the 
recommendation of the UCR Board, 49 U.S.C. 14504a(f)(1)(E)(ii). In 
recommending the level of fees to be assessed in any agreement year, 
and in setting the fee level, both the Board and the Agency shall 
consider the following factors:
     Administrative costs associated with the UCR Plan and 
Agreement.
     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; 
and.
     Provisions governing fees in 49 U.S.C. 14504a(f)(1).
    The fees may be adjusted within a reasonable range on an annual 
basis if the revenues derived from the fees are either insufficient to 
provide the participating States with the revenues they are entitled to 
receive or exceed those revenues (49 U.S.C. 14504a(f)(1)(E)).
    Overall, the fees assessed under the UCR Agreement must produce the 
level of revenue established by statute. Section 14504a(g) establishes 
the revenue entitlements for States that choose to participate in the 
UCR Plan. That section provides that a participating State, which 
participated in SSRS in the registration year prior to the enactment of 
the Unified Carrier Registration Act of 2005 is entitled to receive 
revenues under the UCR Agreement equivalent to the revenues it received 
in the year before that enactment. Participating States that also 
collected intrastate registration fees from interstate motor carrier 
entities

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(whether or not they participated in SSRS) are also entitled to receive 
revenues of this type under the UCR Agreement, in an amount equivalent 
to the amount received in the previous registration year. The section 
also requires that States that did not participate in SSRS previously, 
but which choose to participate in the UCR Plan, may receive revenues 
not to exceed $500,000 per year.
    FMCSA's interpretation of its responsibilities under 49 U.S.C. 
14504a in setting fees for the UCR Plan and Agreement is guided by the 
primacy the statute places on the need both to set and to adjust the 
fees so that they ``provide the revenues to which the States are 
entitled.'' The statute links the requirement that the fees be adjusted 
``within a reasonable range'' to the provision of sufficient revenues 
to meet the entitlements of the participating States (49 U.S.C. 
14504a(f)(1)(E), See also 49 U.S.C. 14504a(d)(7)(A)(ii)).
    Section 14504a(h)(4) gives additional support for this 
interpretation. This provision explicitly requires FMCSA to reduce the 
fees for all motor carrier entities in the year following any year in 
which the depository retains any funds in excess of the amount 
necessary to satisfy the revenue entitlements of the participating 
States and the UCR Plan's administrative costs.

VI. Background

    On March 14, 2017, the UCR Board voted unanimously to submit a 
recommendation to the Secretary for a reduction of registration fees 
collected by the Plan for 2018, with a subsequent upward adjustment in 
2019. The recommendation was submitted to the Secretary on March 22, 
2017, and a copy has been placed in the docket.\1\ The requested fee 
adjustments are required by 49 U.S.C. 14504a because, for the 
registration year 2016, the total revenues collected have exceeded for 
the first time the total revenue entitlements of $107.78 million 
distributed to the 41 participating States plus the $5 million 
established for ``the administrative costs associated with the unified 
carrier registration plan and agreement.'' 49 U.S.C. 
14504a((d)(7)(A)(i)). The maximum revenue entitlements for each of the 
41 participating States, totaling $107.78 million and established in 
accordance with 49 U.S.C. 14504a(g), are set out in the table attached 
to the March 22, 2017 recommendation.
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    \1\ The UCR recommendation submitted March 22, 2017 including 
the letter request from the Board and all related tables is located 
in docket FMCSA-2017-0118 at: www.regulations.gov.
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    As indicated in the analysis attached to the March 22, 2017 letter, 
as of the end of February 2017, the UCR Plan had already collected for 
2016 $4.15 million more than the statutory maximum of $112.78 million. 
The UCR Plan estimates that by the end of 2017, total revenues will 
exceed the statutory maximum for 2016 by $5.13 million, or 
approximately 4.55%. The excess revenues collected will be held in a 
depository maintained by the Plan as required by 49 U.S.C. 
14504a(h)(4).
    The requested adjustments have been submitted by the UCR Plan in 
accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), which requires it to 
request an adjustment when the annual revenues exceed the maximum 
allowed. In addition, 49 U.S.C. 14504a(h)(4) states that any excess 
funds held by the UCR Plan in its depository, after payments to the 
States and for administrative costs, shall be retained ``and the fees 
charged . . . shall be reduced by the Secretary accordingly.'' These 
two provisions are distinct, and are the basis for the two-stage 
adjustment in the recommendation.
    The requested adjustments would occur in two stages; an initial 
reduction below the current level by approximately 9.10% for 2018, 
followed by a reduction below the current level by approximately 4.55% 
for 2019. The adjusted fees recommended for each bracket for 2018 and 
2019 are shown in the analysis attached to the March 22 letter. The UCR 
Plan has requested that the reduction for the 2018 registration year be 
adopted not later than August 31, 2017, to enable the participating 
States and the UCR Plan to reflect the new fees when fee collection for 
the 2018 registration year begins on October 1, 2017.

VII. Discussion of Proposed Rulemaking

    The Agency reviewed the UCR Plan's formal recommendation and 
concluded that the UCR Plan's estimate of the total revenues received 
by the end of 2017 may have been understated. In order to estimate the 
revenue collections for the 2016 registration year, the UCR Plan's 
recommendation looks across years to find the minimum amount collected 
in each month, and then sums the minimum from each month to develop the 
total minimum projection. This method ignores the relationship between 
each month's registrations within a given registration year. Within 
each registration year there is a set number of carriers that would 
register; therefore, the number of registrations in each month is 
related to the number of registrations in previous months. FMCSA 
believes that using the proposed method artificially reduces the total 
minimum projection, thereby increasing the fees charged. This 
understatement would result in slightly higher fees for certain 
brackets.
    FMCSA conducted its own analysis, adjusted the methodology for 
projecting collections for the 2016 registration year, and updated the 
fees accordingly. FMCSA estimated the minimum projection of revenue 
collections for March through December of 2017 by summing the 
collections within each registration year (2013-2015) and then compared 
across years to find the minimum total amount. FMCSA projected that for 
the 2016 registration year, the minimum revenue collection for March 
through December of 2017 when the collection period would end would be 
$1,035,305, which is $55,000 more than the Plan's projection of 
$980,139. Ultimately, the slightly higher minimum projection then 
results in a slightly lower fee for certain brackets. Where it exists, 
the resulting fee difference between the Plan's method and FMCSA's 
method is minimal.

VIII. Section-by-Section Analysis

    For this NPRM, FMCSA proposes that the provisions of 49 CFR 367.30 
will be revised to apply to registration years 2010 to 2017, inclusive. 
A proposed new 49 CFR 367.40 establishes the reduced fees for 
registration year 2018. A second proposed new section, 49 CFR 367.50, 
establishes fees for 2019, which will remain in effect in subsequent 
registration years unless and until revised in the future.

IX. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory 
Policies and Procedures as Supplemented by E.O. 13563)

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order (E.O.) 12866, (58 FR 51735, October 4, 
1993), Regulatory Planning and Review, as supplemented by E.O. 13563 
(76 FR 3821, January 21, 2011), Improving Regulation and Regulatory 
Review, and is also not significant within the meaning of DOT 
regulatory policies and procedures (DOT Order 2100.5 dated May 22, 
1980; 44 FR 11034, February 26, 1979) and does not require an 
assessment of potential costs and benefits under section 6(a)(4) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
    The changes proposed by this rule would adjust the registration 
fees paid by motor carriers, motor private carriers of property, 
brokers, freight forwarders, and leasing companies to the UCR Plan

[[Page 44147]]

and the participating States. Fees are considered by OMB Circular A-4, 
Regulatory Analysis, as transfer payments, not costs. Transfer payments 
are payments from one group to another that do not affect total 
resources available to society. By definition, transfers are not 
considered in the monetization of societal costs and benefits of 
rulemakings.
    This rule would establish adjustments in the annual registration 
fees for the UCR Plan and Agreement. The total amount targeted for 
collection by the UCR Plan will not change as a result of this rule, 
but the fees paid, or transfers, per affected entity will be reduced. 
The primary entities affected by this rule are the participating 
States, motor carriers, motor private carriers of property, brokers, 
freight forwarders, and leasing companies. Because the total amount 
collected will continue to be the statutory maximum, the participating 
States will not be impacted by this rule. The primary impact of this 
rule would be a reduction in fees paid by individual motor carriers, 
motor private carriers of property, brokers, freight forwarders, and 
leasing companies. The reduction will range from approximately $7 to 
$6,700 per entity in the first year, and from approximately $3 to 
$3,400 per entity in subsequent years, depending on the number of 
vehicles owned and/or operated by the affected entities.

B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs

    E.O. 13771 requires that for ``every one new [E.O. 13771 regulatory 
action] issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.'' \2\ 
Implementation guidance for E.O. 13771 issued by the Office of 
Management and Budget (OMB) on April 5, 2017, defines two different 
types of E.O. 13771 actions: an E.O. 13771 deregulatory action, and an 
E.O. 13771 regulatory action.\3\
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    \2\ Executive Office of the President. Executive Order 13771 of 
January 30, 2017. Reducing Regulation and Controlling Regulatory 
Costs. 82 FR 9339-9341. February 3, 2017.
    \3\ Executive Office of the President. Office of Management and 
Budget. Guidance Implementing Executive Order 13771, Titled 
``Reducing Regulation and Controlling Regulatory Costs.'' Memorandum 
M-17-21. April 5, 2017.
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    An E.O. 13771 deregulatory action is defined as ``an action that 
has been finalized and has total costs less than zero.'' This 
rulemaking does not have total costs less than zero, and therefore is 
not an E.O. 13771 deregulatory action.
    An E.O. 13771 regulatory action is defined as:
    (i) A significant action as defined in Section 3(f) of E.O. 12866 
that has been finalized, and that imposes total costs greater than 
zero; or
    (ii) a significant guidance document (e.g., significant 
interpretive guidance) reviewed by Office of Information and Regulatory 
Affairs under the procedures of E.O. 12866 that has been finalized and 
that imposes total costs greater than zero.
    The Agency action, in this case a rulemaking, must meet both the 
significance and the total cost criteria to be considered an E.O. 13771 
regulatory action. This rulemaking is not a significant regulatory 
action as defined in Section 3(f) of E.O. 12866, and therefore does not 
meet the significance criterion for being an E.O. 13771 regulatory 
action. Consequently, this rulemaking is not an E.O. 13771 regulatory 
action and no further action under E.O. 13771 is required.

C. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121, 110 Stat. 857) 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. \4\ 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. Section 605 of the RFA allows an agency to certify a rule, 
in lieu of preparing an analysis, if the rulemaking is not expected to 
have a significant economic impact on a substantial number of small 
entities.
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    \4\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see 
National Archives at http://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html.
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    This proposed rule will 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 the 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 nor 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 (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 2012 Economic Census \5\ data for 
two different industries; truck transportation (Subsector 484) and 
transit and ground transportation (Subsector 485). According to the 
2012 Economic Census, approximately 99 percent of truck transportation 
firms, and approximately 97 percent of transit and ground 
transportation firms, had annual revenue less than the SBA revenue 
threshold of $27.5 million and $15 million, respectively. Therefore, 
FMCSA has determined that this rule will impact a substantial number of 
small entities.
---------------------------------------------------------------------------

    \5\ U.S. Census Bureau, 2012 US Economic Census. Available at: 
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_48SSSZ4&prodType=table (accessed 
April 27th, 20217).
---------------------------------------------------------------------------

    However, FMCSA has determined that this rule will not have a 
significant impact on the affected entities. The effect of this rule 
will be to reduce the annual registration fee motor carriers, motor 
private carriers of property, brokers, freight forwarders, and leasing 
companies are currently required to pay. The reduction will range from 
approximately $7 to $6,700 per entity, in the first year, and from 
approximately $3 to $3,400 per entity in subsequent years, depending on 
the number of vehicles owned and/or operated by the affected entities. 
FMCSA asserts that the reduction in fees will be entirely beneficial to 
these entities, and will not have a significant impact on the affected 
small entities. Accordingly, I hereby certify that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this proposed rule so that they can better evaluate 
its effects on themselves and participate in the

[[Page 44148]]

rulemaking initiative. If the proposed rule would affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance; please 
consult the FMCSA point of contact, Gerald Folsom, listed in the For 
Further Information Contact section of this proposed rule.
    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 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.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, 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 $155 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2015 levels) or more in any one year. Though this proposed rule would 
not result in such an expenditure, the Agency does discuss the effects 
of this rule elsewhere in this preamble.

F. Paperwork Reduction Act

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of 
Executive Order 13132 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.'' FMCSA determined that this proposal 
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 rule does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism Impact Statement.

H. E.O. 12988 (Civil Justice Reform)

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, April 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this proposed rule is not 
economically significant. Therefore, no analysis of the impacts on 
children is required. In any event, the Agency does not anticipate that 
this regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this proposed rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have taking implications.

K. Privacy

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118 
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a 
privacy impact assessment (PIA) of a regulation that will affect the 
privacy of individuals. This rule does not require the collection of 
personally identifiable information (PII).
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002, Public Law 107-347, Sec.  208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
a privacy impact assessment 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. 
As a result, FMCSA has not conducted a privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

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

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Therefore, it 
does not require a Statement of Energy Effects under E.O. 13211.

N. E.O. 13175 (Indian Tribal Governments)

    This proposed rule does not have tribal implications under E.O. 
13175, 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.

O. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This rule does not use 
technical standards. Therefore, FMCSA did not consider the use of 
voluntary consensus standards.

[[Page 44149]]

P. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this NPRM for the purpose of 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 FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), 
Appendix 2, paragraph 6.(h). The Categorical Exclusion (CE) in 
paragraph 6.(h) covers regulations and actions taken pursuant to the 
regulations implementing procedures to collect fees that will be 
charged for motor carrier registrations. The proposed requirements in 
this rule are covered by this CE and the NPRM does not have any effect 
on the quality of the environment. The CE determination is available 
for inspection or copying in the regulations.gov Web site listed under 
ADDRESSES.
    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 does not affect direct or indirect emissions of 
criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this proposed rule in accordance with the E.O., and 
has determined that no environmental justice issue is associated with 
this proposed rule, nor is there any collective environmental impact 
that would result from its promulgation.

List of Subjects in 49 CFR Part 367

    Insurance, Intergovernmental relations, Motor carriers, Surety 
bonds.

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR 
chapter III, part 367 to read 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. Revise Sec.  367.30 to read as follows:


Sec.  367.30  Fees under the Unified Carrier Registration Plan and 
Agreement for registration years beginning in 2010 and ending in 2017.

       Fees Under the Unified Carrier Registration Plan and Agreement for Each Registration Year 2010-2017
----------------------------------------------------------------------------------------------------------------
                                                                       Fee per entity for
                                        Number of commercial motor       exempt or non-
                                       vehicles owned or operated by      exempt motor       Fee per entity for
               Bracket                  exempt or non-exempt motor       carrier, motor       broker or leasing
                                          carrier, motor private       private carrier, or         company
                                       carrier, or freight forwarder   freight  forwarder
----------------------------------------------------------------------------------------------------------------
B1..................................  0-2...........................                   $76                   $76
B2..................................  3-5...........................                   227  ....................
B3..................................  6-20..........................                   452  ....................
B4..................................  21-100........................                 1,576  ....................
B5..................................  101-1,000.....................                 7,511  ....................
B6..................................  1,001 and above...............                73,346  ....................
----------------------------------------------------------------------------------------------------------------

0
3. Add new Sec.  367.40 and Sec.  367.50 to subpart B to read as 
follows:


Sec.  367.40  Fees under the Unified Carrier Registration Plan and 
Agreement for registration year 2018.

            Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year 2018
----------------------------------------------------------------------------------------------------------------
                                                                       Fee per entity for
                                        Number of commercial motor       exempt or non-
                                       vehicles owned or operated by      exempt motor       Fee per entity for
               Bracket                  exempt or non-exempt motor       carrier, motor       broker or leasing
                                          carrier, motor private       private carrier, or         company
                                       carrier, or freight forwarder   freight  forwarder
----------------------------------------------------------------------------------------------------------------
B1..................................  0-2...........................                   $69                   $69
B2..................................  3-5...........................                   206  ....................
B3..................................  6-20..........................                   410  ....................
B4..................................  21-100........................                 1,431  ....................
B5..................................  101-1,000.....................                 6,820  ....................
B6..................................  1,001 and above...............                66,597  ....................
----------------------------------------------------------------------------------------------------------------

Sec.  367.50  Fees under the Unified Carrier Registration Plan and 
Agreement for registration years beginning in 2019.

[[Page 44150]]



  Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year 2019 and Each Subsequent
                                          Registration Year Thereafter
----------------------------------------------------------------------------------------------------------------
                                                                       Fee per entity for
                                        Number of commercial motor       exempt or non-
                                       vehicles owned or operated by      exempt motor       Fee per entity for
               Bracket                  exempt or non-exempt motor       carrier, motor       broker or leasing
                                          carrier, motor private       private carrier, or         company
                                       carrier, or freight forwarder   freight  forwarder
----------------------------------------------------------------------------------------------------------------
B1..................................  0-2...........................                   $73                   $73
B2..................................  3-5...........................                   217  ....................
B3..................................  6-20..........................                   431  ....................
B4..................................  21-100........................                 1,503  ....................
B5..................................  101-1,000.....................                 7,165  ....................
B6..................................  1,001 and above...............                69,971  ....................
----------------------------------------------------------------------------------------------------------------


    Issued under authority delegated in 49 CFR 1.87 on: September 
14, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-20079 Filed 9-20-17; 8:45 am]
BILLING CODE 4910-EX-P