67124 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

DHS considers this rule to be an 

Executive Order 13771 deregulatory 

action. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (April 5, 2017). This rule is not 

a major rule under 5 U.S.C. 804. 

There are no quantified costs or cost 

savings to this rule as it simply rescinds 

requirements that have already been 

shifted to the FAR. DHS believes there 

are non-monetized efficiency and 

streamlining benefits to this rule as it 

removes outdated provisions of the 

HSAR. 

IV. Regulatory Flexibility Act 

This action rescinds HSAR clause 

3052.219–70 and, as such, DHS certifies 

that this final rule will not result in a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

V. Paperwork Reduction Act 

The final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

The total hours and costs associated 

with existing HSAR clause 3052.219–70, 

as set forth in HSAR OMB Control 

Number, 1600–0003, Post-award 

Contract Information, are as follows: 

Estimated Respondents: 11,885. 

Average Responses Annually: 3. 

Total Annual Responses: 35,655. 

Estimated Hours: 12. 

Total Hours: 427,860. 

Hourly Rate: $67.86. 

Total Costs: $29,034,579.60. 

List of Subjects in 48 CFR Parts 3019 

and 3052. 

Government procurement. 

For the reasons set forth above, DHS 

amends 48 CFR parts 3019 and 3052 as 

follows: 

PART 3019—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 3019 is revised to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1702, 41 U.S.C. 1707, and 48 CFR part 1 and 

subpart 1.3. 

3019.708–70 [Amended] 

■ 2. Section 3019.708–70 is amended 

by: 

■ a. Removing paragraph (a); and 

■ b. Redesignating paragraphs (b) and 

(c) as paragraphs (a) and (b). 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for 48 CFR 

part 3052 continues to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1702, 41 U.S.C. 1707, and 48 CFR part 1 and 

subpart 1.3. 

3052.219–70 [Removed] 

■ 4. Remove section 3052.219–70. 

Soraya Correa, 

Chief Procurement Officer, Department of 

Homeland Security. 

[FR Doc. 2018–28142 Filed 12–27–18; 8:45 am] 

BILLING CODE 4410–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 367 

[Docket No. FMCSA–2018–0068] 

RIN 2126–AC12 

Fees for the Unified Carrier 

Registration Plan and Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

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 2019, 2020 and 

thereafter. For the 2019 registration 

year, the fees will be reduced below the 

2017 registration fee level that was in 

effect by 18.62 percent to ensure that fee 

revenues collected do not exceed the 

statutory maximum, and to account for 

the excess funds held in the depository. 

The fees beginning with the 2020 

registration year will be reduced below 

the 2017 level by approximately 9.9 

percent. The reduction of the current 

2019 registration year fees (finalized on 

January 5, 2018) range from 

approximately $11 to $10,282 per entity, 

depending on the number of vehicles 

owned or operated by the affected 

entities. The reduction in fees for 2020 

and subsequent registration years range 

from approximately $5 to $3,899 per 

entity. 

DATES: This final rule is effective 

December 28, 2018. 

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 or by telephone at 202– 

385–2405. 

SUPPLEMENTARY INFORMATION: 

I. Rulemaking Documents 

A. Availability of Rulemaking 

Documents 

For access to docket FMCSA–2018– 

0068 to read background documents, go 

to https://www.regulations.gov at any 

time, or to Docket Services at U.S. 

Department of Transportation, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

the U.S. Department of Transportation 

(DOT) solicits comments from the 

public to better inform its rulemaking 

process. DOT posts any 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 

https://www.transportation.gov/privacy. 

II. Abbreviations and Acronyms 

The following is a list of abbreviations 

used in this document: 

CE Categorical Exclusion 

DOT U.S. Department of Transportation 

E.O. Executive Order 

FMCSA Federal Motor Carrier Safety 

Administration 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

SBREFA Small Business Regulatory 

Enforcement Fairness Act 

SBTC Small Business in Transportation 

Coalition 

SSRS Single State Registration System 

UCR Unified Carrier Registration 

UCR Agreement Unified Carrier 

Registration Agreement 

UCR Board Unified Carrier Registration 

Board of Directors 

UCR Plan Unified Carrier Registration Plan 

III. 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, 


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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67125 

1The UCR Plan is ‘‘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 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). 

2For the purpose of this rulemaking, the term 

‘‘FMCSA’’ will frequently be used in place of 

‘‘Secretary’’ due to the delegated authority provided 

by the Secretary. The term ‘‘Secretary’’ will be used 

in quoted material and as otherwise appropriate. 

plus the Deputy Administrator of 

FMCSA. Revenues collected are 

allocated to the participating States and 

the UCR Plan. A maximum amount that 

the UCR Plan may collect is established 

by statute. If annual revenue collections 

will exceed the statutory maximum 

allowed, then the UCR Plan must 

request adjustments to the fees. 49 

U.S.C. 14504a(f)(1)(E). In addition, any 

excess funds held by the UCR Plan after 

payments are made to the States and for 

administrative costs are retained in the 

UCR depository, and subsequent fees 

charged must be adjusted further in 

order to return the excess revenues held 

in the depository as required by 49 

U.S.C. 14504a(h)(4). Adjustments in the 

fees are requested by the UCR Plan and 

approved by FMCSA. These two 

provisions are the reasons for the twostage adjustment adopted in this final 

rule. The final rule provides for a 

reduction for at least the next two 

registration years to the annual 

registration fees established for the UCR 

Agreement. 

For the 2019 registration year, the fees 

will be reduced below the 2017 

registration fee level that was in effect 

by 18.62 percent to ensure that fee 

revenues do not exceed the statutory 

maximum, and to account for the excess 

funds held in the depository. The fees 

beginning with the 2020 registration 

year will be reduced below the 2017 

level by approximately 9.9 percent. The 

reduction of the current 2019 

registration year fees (finalized on 

January 5, 2018) ranges from 

approximately $11 to $10,282 per entity, 

depending on the number of vehicles 

owned or operated by the affected 

entities. The reduction in fees for 2020 

and subsequent registration years ranges 

from approximately $5 to $3,899 per 

entity. 

B. Benefits and Costs 

The changes imposed by this final 

rule reduce the fees paid by motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies to the 

participating States. While each motor 

carrier will realize a reduced burden, 

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 societal costs and 

benefits of rulemakings. 

IV. Legal Basis for the Rulemaking 

This rule adjusts 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 2017, the total revenues 

collected were expected to exceed 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.1 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 

UCR Board to request an adjustment by 

the Secretary of Transportation 

(Secretary) when the annual revenues 

collected 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 UCR Plan also requested approval 

of a revised total revenue target to be 

collected because of a reduction in the 

amount for costs of administering the 

UCR Agreement. No changes in the 

revenue entitlements to the 

participating States were recommended 

by the UCR Plan. The revised total 

revenue target must be approved in 

accordance with 49 U.S.C. 14504a(d)(7) 

and (g)(4). 

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).2

The Administrative Procedure Act 

allows agencies to make rules effective 

immediately with good cause, instead of 

requiring publication 30 days prior to 

the effective date. 5 U.S.C. 553(d)(3). 

FMCSA finds there is good cause for 

this rule to be effective upon 

publication so that the UCR Plan and 

the participating States may begin 

collection of fees immediately for the 

registration year that will begin on 

January 1, 2019. The immediate 

commencement of fee collection will 

avoid further delay in distributing 

revenues to the participating States. 

V. Statutory Requirements for the UCR 

Fees 

A. Legislative History 

The legislative history of 49 U.S.C. 

14504a 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.’’ Sen. 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. The 

statute specifies that the UCR Board 

should consist of one director (either the 

FMCSA Deputy Administrator or 

another Presidential appointee) from 

DOT; 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; 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. 49 U.S.C. 14504a(d)(1)(B). 

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 

annual fees charged for registration year 

2018 are set out in 49 CFR 367.40. 

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). 

Participating States submit a plan 

demonstrating that an amount 

equivalent to the revenues received are 

used for motor carrier safety programs, 

enforcement, or the administration of 

the UCR Plan and Agreement. 49 U.S.C. 

14504a(e)(1)(B). 

The UCR Plan and the participating 

States collect registration fees for each 


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67126 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

3The January 11, 2018, recommendation from the 

UCR Plan and all related tables are available in the 

docket for this rulemaking. (See I.A. above.) 

4Collections for registration year 2016 are not 

available for use for this purpose because 

registration and fee collection for that year was not 

finalized at the time of the UCR Plan 

recommendation. 

registration year, which is the same 

period as the calendar year. Generally, 

collection begins on October 1 of the 

previous year, and continues until 

December 31 of the year following the 

registration year. All of the revenues 

collected are distributed to the 

participating States or to the UCR Plan 

for administration of the UCR 

Agreement. No funds are distributed to 

the Federal government. 

B. Fee Requirements 

The statute specifies that fees are to be 

based on the recommendation of the 

UCR Board. 49 U.S.C. 14504a(d)(7)(A). 

In recommending the level of fees to be 

assessed in any registration year, and in 

setting the fee level, the statute states 

that both the UCR Board and FMCSA 

‘‘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 UCR Board; 

and 

• Provisions governing fees in 49 

U.S.C. 14504a(f)(1). 

FMCSA, if asked by the UCR Board, 

may also adjust the fees within a 

reasonable range on an annual basis if 

the revenues collected 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 State, 

participating 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 

(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 year before 

the Act’s enactment. Section 14504a(g) 

also requires that States that did not 

participate in SSRS previously, but that 

choose to participate in the UCR Plan, 

may receive revenues not to exceed 

$500,000 per year. The UCR Board 

calculates the amount of revenue to 

which each participating State is 

entitled under the UCR Agreement, 

which is then approved by FMCSA. 

FMCSA’s interpretation of its 

responsibilities under 49 U.S.C. 14504a 

in setting fees for the UCR Plan and 

Agreement are guided by the primacy 

the statute places on the need both to set 

and to adjust the fees so they ‘‘provide 

the revenues to which the States are 

entitled.’’ 49 U.S.C. 14504a(f)(1)(E)(i). 

The statute links the requirement that 

the fees be adjusted ‘‘within a 

reasonable range’’ by both the UCR Plan 

and FMCSA 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) provides 

additional support for this 

interpretation. The 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. Recommendation from the UCR 

Plan 

On December 14, 2017, the UCR 

Board voted unanimously to submit a 

recommendation to the FMCSA to 

reduce the fees collected by the UCR 

Plan for registration years 2019 and 

thereafter. The recommendation was 

submitted to the FMCSA on January 11, 

2018.3 The requested fee adjustments 

are required by 49 U.S.C. 14504a 

because, for registration year 2017, the 

total revenues collected were expected 

to exceed 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, established in 

accordance with 49 U.S.C. 14504a(g), 

were set out in a table attached to the 

January 11, 2018, recommendation. 

As indicated in the analysis attached 

to the January 11, 2018, 

recommendation letter, as of the end of 

November 2017, the UCR Plan had 

already collected $7.30 million more 

than the statutory maximum of $112.78 

million for registration year 2017. The 

UCR Plan estimated that by the end of 

2018, total revenues would exceed the 

statutory maximum by $9.17 million, or 

approximately 8.13 percent. The excess 

revenues collected would be held in a 

depository maintained by the UCR Plan 

as required by 49 U.S.C. 14504a(h)(4). 

The UCR Plan’s recommendation 

estimated the minimum projection of 

revenue collections for December 2017 

through December 2018 by summing the 

collections within each of the 

registration years 2013 through 2015 4

and then comparing across years to find 

the minimum total amount. This is the 

same methodology used to project 

collections and estimate fees in the 

previous fee adjustment rulemaking. 83 

FR 605 (January 5, 2018). 

Under 49 U.S.C. 14504a(d)(7), the 

costs incurred by the UCR Plan to 

administer the UCR Agreement are 

eligible for inclusion in the total 

revenue target, in addition to the 

revenue entitlements for the 

participating States. The total revenue 

target for registration years 2010 to 

2018, as approved in the 2010 final rule 

(75 FR 21993 (April 27, 2010)), has been 

$112,777,059.81, including $5,000,000 

for administrative costs. The UCR Plan’s 

latest recommendation included a 

reduction in the amount of the 

administrative costs to $3,500,000 for 

the 2019 and 2020 registration years. 

The reduction of $1,500,000 

recommended by the UCR Plan was 

based on estimates of future 

administrative costs needed to operate 

the UCR Plan and Agreement. No 

changes in the State revenue 

entitlements were recommended, and 

the entitlement figures for 2019 and 

2020 for the 41 participating States are 

the same as those previously approved 

for the years 2010 through 2018. 

Therefore, for registration years 2019 

and 2020, the UCR Plan recommended 

a total revenue target of $111,277,060. 

A notice of proposed rulemaking 

(NPRM) reflecting the recommendation 

from the UCR Board was published by 

FMCSA. 83 FR 42244 (August 21, 2018). 

Comments addressing both the 

proposed adjustment in the fees and the 

separate new total revenue target 

recommendation were due on August 

31, 2018. 

VII. Discussion of the Comments 

FMCSA received six comments on the 

NPRM. The commenters were: (1) 

Avelino Gutierrez, UCR Board 

Chairman, and G. Scott Morris, Board 

Member; (2) National Motor Freight 

Traffic Association, Inc.; (3) Small 

Business in Transportation Coalition 


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5The SBTC comment incorporates the text of a 

letter dated August 8, 2018, addressed to the 

Secretary. The disposition of SBTC’s comments in 

this final rule also disposes of the contentions in 

the August 8 letter. 

(SBTC); (4) National School 

Transportation Association; (5) Kevin 

Johnson; and (6) ‘‘Anonymous.’’ 

Avelino Gutierrez and G. Scott Morris 

The comment was submitted by the 

two UCR Board members in their 

individual capacities and provided 

updated information on the actual and 

estimated revenue collections for the 

2017 registration year. 

Based on the updated information 

provided about actual and estimated 

collections, and as required by the 

statutory provisions involved, the fees 

established in this final rule have been 

adjusted and are slightly lower than the 

fees proposed in the NPRM but are still 

expected to enable the total revenue 

target to be met. 

National Motor Freight Traffic 

Association, Inc. and Kevin Johnson 

The National Motor Freight Traffic 

Association and Kevin Johnson both 

support the proposed fee adjustment. 

Small Business in Transportation 

Coalition 

The comment from the Small 

Business in Transportation Coalition 

(SBTC) raises several issues, not all of 

which are relevant to the proposed fee 

adjustment.5 SBTC first asserts that the 

current provisions of 49 CFR 367.50 

setting the fees for 2019 and subsequent 

years, as adopted in the final rule in 

Fees for Unified Carrier Registration 

Plan and Agreement (83 FR 605 (January 

5, 2018)), are ‘‘unlawful and 

unenforceable.’’ SBTC bases that 

contention on the notion that the final 

rule was not adopted within 90 days 

after the submission of the fee 

recommendation from the UCR Plan for 

the adjustment made in the January 5 

final rule. 49 U.S.C. 14504a(d)(7). 

FMCSA notes that SBTC made the 

same contention regarding the effect of 

this statutory provision in its comments 

in the previous rulemaking. FMCSA 

rejected that contention in the January 

5, 2018 final rule (see 83 FR 608) 

because it is now a well-established 

principle of administrative law that a 

statutory deadline for agency action 

cannot, in the ordinary course, bar 

action after the deadline unless that 

consequence is stated explicitly in the 

statute. In the leading case, Justice 

Marshall, in an opinion expressing the 

views of a unanimous Supreme Court, 

stated: 

We would be most reluctant to conclude 

that every failure of an agency to observe a 

procedural requirement voids subsequent 

agency action, especially when important 

public rights are at stake. When, as here, 

there are less drastic remedies available for 

failure to meet a statutory deadline, courts 

should not assume that Congress intended 

the agency to lose its power to act. 

Brock v. Pierce County, 476 U.S. 253, 

260 (1976) (footnotes omitted). In U.S. v. 

James Daniel Good Real Prop, 510 U.S. 

43, 63 (1993), the Court stated that ‘‘if 

a statute does not specify a consequence 

for noncompliance with statutory timing 

provisions, the Federal courts will not 

in the ordinary course impose their own 

coercive sanction.’’ See also Gottlieb v. 

Pena, 41 F.3d 730, 733–35 (D.C. Cir. 

1994). 

SBTC cannot point to any explicit 

statement in the provisions of 49 U.S.C. 

14504a that bars action by FMCSA if the 

90-day period is not met, because there 

is none. Thus, as explained by the 

Supreme Court’s decisions, the 

appropriate remedy for SBTC or any 

other interest allegedly aggrieved by the 

Agency’s failure to meet the statutory 

time limit is to commence an action 

under the Administrative Procedure Act 

‘‘to compel agency action unlawfully 

withheld or unreasonably delayed.’’ 5 

U.S.C. 706(1) and Brock v. Pierce 

County, 476 U.S. at 260, n. 7. SBTC has 

not sought such a remedy, and, of 

course, its availability is now removed 

by the issuance of this final rule. Cf. 

Telecommunications Research & Action 

Center v. F.C.C., 750 F.2d 70, 80 (D.C. 

Cir. 1984). 

In addition, there are important 

public rights at stake that would be 

affected if FMCSA lost its power to act 

on the UCR Plan’s recommendation, as 

contended by SBTC. The fee reduction 

recommended by the UCR Plan, 

proposed for implementation in the 

NPRM and now adopted in this final 

rule (with a minor adjustment), is 

necessary under the terms of two 

important provisions in the statute that 

require compliance with the statutory 

maximum amount of revenues to be 

collected by the UCR Plan and the 

participating States. 49 U.S.C. 

14504a(f)(1)(E)(ii) and (h)(4). 

SBTC renews its contention in its 

comment in this rulemaking that 

FMCSA has lost the power to act on the 

new proposed adjustment based on the 

90-day provision in the statute. For the 

same reasons that this contention was 

rejected in the previous rulemaking, it is 

rejected again, and FMCSA and the 

Secretary have full power to act on the 

proposed fee recommendation. 

SBTC’s further contention that the 

fees in current section 367.50 are 

unenforceable for the 2019 registration 

year because, it alleges, proper 

procedures were not followed in setting 

the current fees for 2019, overlooks the 

fact that in this rulemaking the UCR 

Plan is recommending, and FMCSA has 

properly considered, proposed, and is 

now adopting, an adjustment in the fees 

for the 2019 registration year by revising 

49 CFR 367.50. 83 FR 42250–51. In any 

event, FMCSA notes that the delay 

setting the fees for the 2019 registration 

year has not prejudiced entities subject 

to the registration fees. The UCR Plan 

has amended the UCR Agreement to 

provide that when an adjustment in fees 

is pending before FMCSA and DOT, 

registration and collection of fees will 

not begin until the effective date of the 

adjusted fees. Therefore, the fees 

established for registration year 2019 by 

either current 49 CFR 367.50 or its 

proposed amendment will not be 

collected by the UCR Plan and the 

participating States until this final rule 

and any adjustment in the fees for 2019 

becomes effective. 

Another contention by SBTC is that 

the UCR Plan should not be 

recommending, nor should FMCSA be 

acting on, a fee change for the 2020 

registration year (see proposed 49 CFR 

367.60, 83 FR 42251), claiming that it 

should not be done until information is 

available about the prior year’s 

revenues. SBTC fails to recognize that 

the proposed two-step adjustment in the 

fees is required by the statute. As 

indicated in the NPRM, 49 U.S.C. 

14504a(f)(1)(E)(ii) requires the fees to be 

reduced so that the revenues collected 

meet the total revenue target, and 49 

U.S.C. 14504(a)(h)(4) requires a further 

one-year reduction in order to return to 

the industry excess revenues held in the 

depository established by the UCR Plan. 

Such a process necessarily relies on 

initial estimates and projections of 

revenue collections, with fee 

adjustments based on actual revenue 

collections as appropriate. 

SBTC also states that the Agency 

would not be informed about the 

increase in the total actual and 

estimated revenues collected for the 

2017 registration year. But as explained 

in the discussion above, the increase of 

$1,578,968 in the total collections 

available is public information and has 

been provided for the record in this 

rulemaking, and has been taken into 

account in setting the fees in this final 

rule. 

National School Transportation 

Association 

The National School Transportation 

Association supports the proposed fee 

reduction. But it also requests that 


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6Executive 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. 

FMCSA and the UCR Plan reconsider 

recent determinations by the UCR Plan 

regarding the treatment of school buses 

for purposes of the UCR Agreement. 

FMCSA does not have authority to 

reconsider the determination on this 

issue by the UCR Plan. The UCR Board 

has sole authority to administer the UCR 

Agreement in accordance with the 

statute. 49 U.S.C. 14504a(d)(2), (f)(2) 

and (f)(3). This issue is beyond the 

scope of this rulemaking. Therefore, the 

request for reconsideration cannot and 

will not be acted upon by FMCSA. 

Anonymous 

One anonymous comment was 

submitted and supported the Agency’s 

determination in the NPRM that 

Executive Order (E.O.) 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, was not applicable to this 

rulemaking. The comment was 

otherwise not relevant to this 

rulemaking. 

VIII. Approval of Total Revenue Target 

No comments to the NPRM addressed 

the proposed adjustment in the total 

revenue target to $111,277,060.00, 

which reflects a reduction in the 

amount of the administrative costs from 

$5,000,000 to $3,500,000. Therefore, in 

accordance with 49 U.S.C. 14504a(d)(7) 

and (g)(4), the following table of State 

revenue entitlements, administrative 

costs, and the total revenue target under 

the UCR Agreement, as proposed in the 

NPRM, is approved. These State 

revenue entitlements, the administrative 

costs, and the total revenue target will 

remain in effect for 2019 and 

subsequent years unless and until 

approval of a revision occurs. 

STATE UCR REVENUE ENTITLEMENTS

AND FINAL 2019 TOTAL REVENUE

TARGET

State 

Total 2019 

UCR revenue 

entitlements 

Alabama .............................. $2,939,964.00 

Arkansas ............................. 1,817,360.00 

California ............................. 2,131,710.00 

Colorado ............................. 1,801,615.00 

Connecticut ......................... 3,129,840.00 

Georgia ............................... 2,660,060.00 

Idaho ................................... 547,696.68 

Illinois .................................. 3,516,993.00 

Indiana ................................ 2,364,879.00 

Iowa .................................... 474,742.00 

Kansas ................................ 4,344,290.00 

Kentucky ............................. 5,365,980.00 

Louisiana ............................ 4,063,836.00 

Maine .................................. 1,555,672.00 

Massachusetts .................... 2,282,887.00 

Michigan ............................. 7,520,717.00 

Minnesota ........................... 1,137,132.30 

Missouri .............................. 2,342,000.00 

STATE UCR REVENUE ENTITLEMENTS

AND FINAL 2019 TOTAL REVENUE

TARGET—Continued 

State 

Total 2019 

UCR revenue 

entitlements 

Mississippi .......................... 4,322,100.00 

Montana .............................. 1,049,063.00 

Nebraska ............................ 741,974.00 

New Hampshire .................. 2,273,299.00 

New Mexico ........................ 3,292,233.00 

New York ............................ 4,414,538.00 

North Carolina .................... 372,007.00 

North Dakota ...................... 2,010,434.00 

Ohio .................................... 4,813,877.74 

Oklahoma ........................... 2,457,796.00 

Pennsylvania ...................... 4,945,527.00 

Rhode Island ...................... 2,285,486.00 

South Carolina .................... 2,420,120.00 

South Dakota ...................... 855,623.00 

Tennessee .......................... 4,759,329.00 

Texas .................................. 2,718,628.06 

Utah .................................... 2,098,408.00 

Virginia ................................ 4,852,865.00 

Washington ......................... 2,467,971.00 

West Virginia ...................... 1,431,727.03 

Wisconsin ........................... 2,196,680.00 

Sub-Total ............................ 106,777,059.81 

Alaska ................................. 500,000.00 

Delaware ............................. 500,000.00 

Total State Revenue Entitlement ......................... 107,777,060.00 

Administrative Costs ....... 3,500,000.00 

Total Revenue Target ..... 111,277,060.00 

IX. International Impacts 

Motor carriers and other entities 

involved in interstate and foreign 

transportation in the United States that 

do not have a principal office in the 

United States are nonetheless subject to 

the fees for the UCR Plan. They are 

required to designate a participating 

State as a base State and pay the 

appropriate fees to that State. 49 U.S.C. 

14504a(a)(2)(B)(ii) and (f)(4). 

X. Section-by-Section Analysis 

Under this final rule, provisions of 49 

CFR 367.50 (which were adopted in the 

January 5, 2018, final rule) are revised 

to establish new reduced fees applicable 

only to registration year 2019. A new 49 

CFR 367.60 establishes the fees for 

registration year 2020, which will 

remain in effect for subsequent 

registration years unless revised in the 

future. 

XI. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

FMCSA determined that this final 

rule is not a significant regulatory action 

under section 3(f) of 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 does not require 

an assessment of potential costs and 

benefits under section 6(a)(3) of that 

Order. Accordingly, OMB has not 

reviewed it under that Order. It 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)). 

The changes imposed by this final 

rule adjust the registration fees paid by 

motor carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies to the UCR Plan 

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 establishes reductions in the 

annual registration fees for the UCR 

Plan and Agreement. The entities 

affected by this rule are the participating 

States, motor carriers, motor private 

carriers of property, brokers, freight 

forwarders, and leasing companies. 

Because the State UCR revenue 

entitlements will remain unchanged, the 

participating States will not be impacted 

by this rule. The primary impact of this 

rule will be a reduction in fees paid by 

individual motor carriers, motor private 

carriers of property, brokers, freight 

forwarders, and leasing companies. The 

reduction of the current 2019 

registration year fees (finalized on 

January 5, 2018) ranges from 

approximately $11 to $10,282 per entity, 

depending on the number of vehicles 

owned or operated by the affected 

entities. The reductions in fees for 

subsequent registration years range from 

approximately $5 to $3,899 per entity. 

B. E.O. 13771 Reducing Regulation and 

Controlling Regulatory Costs 

This final rule is not an E.O. 13771 

regulatory action because this rule is not 

significant under E.O. 12866.6

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA) (5 U.S.C. 601 et seq.), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 


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7Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 8U.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 October 24, 2018). 

(SBREFA) (Pub. L. 104–121, 110 Stat. 

857), requires Federal agencies to 

consider the impact of their regulatory 

proposals on small entities, analyze 

effective alternatives that minimize 

small entity impacts, and make their 

analyses available for public comment. 

The term ‘‘small entities’’ means 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 under 50,000.7

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 entities. 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. 

This 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 8 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. 

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 

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 $11 to $10,282 per entity, 

in the first year, and from approximately 

$5 to $3,899 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 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 SBREFA, FMCSA wants to assist 

small entities in understanding this 

final rule so that they can better 

evaluate its effects on themselves and 

participate in the rulemaking initiative. 

If the final 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 final 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 

$161 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2017 levels) or 

more in any one year. Though this final 

rule will not result in any such 

expenditure, the Agency discusses the 

effects of this rule elsewhere in this 

preamble. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501 et seq.), 

Federal agencies must obtain approval 

from OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. FMCSA 

determined that no information 

collection requirements are associated 

with this final rule. Therefore, the PRA 

does not apply to this final rule. 

G. E.O. 13132 (Federalism) 

A rule has implications for federalism 

under section 1(a) of E.O. 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 has 

determined that this rule 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, imposes 

substantial direct unreimbursed 

compliance costs on any State, or 

diminishes the power of any State to 

enforce its own laws. As detailed above, 

the UCR Board includes substantial 

State representation. The States have 

already had opportunity for input 

through their representatives. 

Accordingly, this rulemaking does not 

have federalism implications warranting 

the application of E.O. 13132. 

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

This final rule meets applicable 

standards in sections 3(a) and 3(b) (2) of 

E.O. 12988, Civil Justice Reform, to 

minimize litigation, eliminates 

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 


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67130 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

include an evaluation of the regulation’s 

environmental health and safety effects 

on children. The Agency determined 

this final 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 final 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 Impact Assessment 

Section 522 of title I of division H of 

the Consolidated Appropriations Act, 

2005, enacted December 8, 2004 (Pub. L. 

108–447, 118 Stat. 2809, 3268, 5 U.S.C. 

552a note), requires the Agency to 

conduct a privacy impact assessment of 

a regulation that will affect the privacy 

of individuals. This rule does not 

require the collection of personally 

identifiable information. 

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 final rule 

under E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use. 

The Agency has determined that this 

rule 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 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 (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. 

P. National Environmental Policy Act 

FMCSA analyzed this rule 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 content 

in this rule is covered by this CE and the 

final action does not have any effect on 

the quality of the environment. The CE 

determination is available in the docket. 

List of Subjects in 49 CFR Part 367 

Insurance, Intergovernmental 

relations, Motor carriers, Surety bonds. 

For the reasons discussed in the 

preamble, FMCSA is amending title 49 

CFR chapter III, part 367 as follows: 

PART 367—STANDARDS FOR 

REGISTRATION WITH STATES 

■ 1. The authority citation for part 367 

continues to read as follows: 

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

CFR 1.87. 

■ 2. Revise § 367.50 to read as follows: 

§ 367.50 Fees under the Unified Carrier 

Registration Plan and Agreement for 

registration year 2019. 

TABLE 1 TO § 367.50—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION

YEAR 2019 

Bracket 

Number of commercial 

motor vehicles owned or 

operated by exempt or 

non-exempt motor 

carrier, motor private 

carrier, or freight 

forwarder 

Fee per entity for 

exempt or non-exempt 

motor carrier, motor 

private carrier, or 

freight forwarder 

Fee per entity for broker 

or leasing company 

B1 ................................................................................................ 0–2 ................................. $62 $62 

B2 ................................................................................................ 3–5 ................................. 185 ........................................

B3 ................................................................................................ 6–20 ............................... 368 ........................................

B4 ................................................................................................ 21–100 ........................... 1,283 ........................................

B5 ................................................................................................ 101–1,000 ...................... 6,112 ........................................

B6 ................................................................................................ 1,001 and above ............ 59,689 ........................................

■ 3. Add § 367.60 to subpart B to read 

as follows: 

§ 367.60 Fees under the Unified Carrier 

Registration Plan and Agreement for 

registration years beginning in 2020. 


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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67131 

TABLE 1 TO § 367.60—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION

YEAR 2020 AND EACH SUBSEQUENT REGISTRATION YEAR THEREAFTER

Bracket 

Number of commercial 

motor vehicles owned or 

operated by exempt or 

non-exempt motor 

carrier, motor private 

carrier, or freight 

forwarder 

Fee per entity for 

exempt or non-exempt 

motor carrier, motor 

private carrier, or 

freight forwarder 

Fee per entity for broker 

or leasing company 

B1 ................................................................................................ 0–2 ................................. $68 $68 

B2 ................................................................................................ 3–5 ................................. 204 ........................................

B3 ................................................................................................ 6–20 ............................... 407 ........................................

B4 ................................................................................................ 21–100 ........................... 1,420 ........................................

B5 ................................................................................................ 101–1,000 ...................... 6,766 ........................................

B6 ................................................................................................ 1,001 and above ............ 66,072 ........................................

Issued under authority delegated in 49 CFR 

1.87 on: December 20, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–28170 Filed 12–27–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2017–0063; 

4500030113] 

RIN 1018–BC16 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

for Trispot Darter 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

threatened species status under the 

Endangered Species Act of 1973 (Act), 

as amended, for trispot darter 

(Etheostoma trisella), a fish species 

found in the Coosa River system in 

Alabama, Georgia, and Tennessee. This 

rule adds this species to the List of 

Endangered and Threatened Wildlife. 

DATES: This rule is effective January 28, 

2019. 

ADDRESSES: This final rule is available 

on the internet at http://

www.regulations.gov under Docket No. 

FWS–R4–ES–2017–0063, and at the U.S. 

Fish and Wildlife Service, Alabama 

Ecological Services Field Office, 1208 

Main Street, Daphne, AL 36526; 

telephone 251–441–5181. Comments 

and materials we received, as well as 

supporting documentation we used in 

preparing this rule, are available for 

public inspection at http://

www.regulations.gov under Docket No. 

FWS–R4–ES–2017–0063, and by 

appointment, during normal business 

hours at the Alabama Ecological 

Services Field Office. 

FOR FURTHER INFORMATION CONTACT: Bill 

Pearson, Field Supervisor, U.S. Fish and 

Wildlife Service, Alabama Ecological 

Services Field Office (see ADDRESSES). 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On October 4, 2017, we published a 

proposed rule in the Federal Register 

(82 FR 46183) to list the trispot darter 

as a threatened species under the Act 

(16 U.S.C. 1531 et seq.). Please refer to 

that proposed rule for a detailed 

description of previous Federal actions 

concerning this species. 

Elsewhere in today’s Federal Register, 

we propose to (1) designate critical 

habitat for the trispot darter under the 

Act; and (2) issue a rule under section 

4(d) of the Act that provides measures 

necessary and advisable for the 

conservation of the trispot darter. 

Background 

Please refer to the October 4, 2017, 

proposed rule (82 FR 46183) and the 

Species Status Assessment (SSA) Report 

for a full summary of species 

information. Both documents are 

available at http://www.regulations.gov 

under Docket No. FWS–R4–ES–2017– 

0063, and on the Service’s Southeast 

Region website at https://www.fws.gov/ 

southeast/. 

The trispot darter is a freshwater fish 

found in the Coosa River System in the 

Ridge and Valley ecoregion of Alabama, 

Georgia, and Tennessee. This fish has a 

historical range from the middle to 

upper Coosa River Basin with 

collections in the mainstem Coosa, 

Oostanaula, Conasauga, and 

Coosawattee Rivers, and their 

tributaries. Currently, the trispot darter 

is known to occur in four populations 

in the Little Canoe Creek and tributaries 

(Coosa River), Ballplay Creek tributaries 

(Coosa River), Conasauga River and 

tributaries, and Coosawattee River and 

one tributary. 

The trispot darter is a migratory 

species that utilizes distinct breeding 

and non-breeding habitats. From 

approximately April to October, the 

species inhabits its non-breeding 

habitat, which consists of small to 

medium river margins and lower 

reaches of tributaries with slower 

velocities. It is associated with detritus, 

logs, and stands of water willow, and 

the substrate consists of small cobbles, 

pebbles, gravel, and often a fine layer of 

silt. During low flow periods, the darters 

move away from the peripheral zones 

and toward the main channel; edges of 

water willow beds, riffles, and pools; 

and mouths of tributaries. In late fall, 

this migratory species shifts its habitat 

preference and begins movement toward 

spawning areas; this is most likely 

stimulated by precipitation, but 

temperature changes and decreasing 

daylight hours may also provide cues to 

begin migration. Migration into 

spawning areas begins approximately 

late November or early December with 

fish moving from the main channels 

into tributaries and eventually reaching 

adjacent seepage areas where they will 

congregate and remain for the duration 

of spawning, approximately until late 

April. Breeding sites are intermittent 

seepage areas and ditches with little to 

no flow; shallow depths (12 inches (30 

centimeters) or less); moderate leaf litter 

covering mixed cobble, gravel, sand, 

and clay; a deep layer of soft silt over 

clay; and emergent vegetation. Trispot 

darters predominantly feed on mayfly 

nymphs and midge larvae and pupae. 

The trispot darter was first described 

in 1963 from a single specimen 

collected in Cowans Creek in Cherokee 

County, Alabama. This species was 

originally described as a member of the 


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