Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9487 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 6 renewal 

applications, FMCSA renews the 

Federal vision exemptions for James S. 

Ayers, Vernon J. Dohrn, Mark A. 

Massengill, Douglas J. Mauton, Dennis 

L. Maxcy, and Dean B. Ponte. 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each renewal exemption will 

be valid for 2 years unless revoked 

earlier by FMCSA. 

The exemption will be revoked if: (1) 

The person fails to comply with the 

terms and conditions of the exemption; 

(2) the exemption has resulted in a 

lower level of safety than was 

maintained before it was granted; or (3) 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

Issued on: February 19, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–4250 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Regulatory Guidance Concerning the 

Applicability of Fees for the Unified 

Carrier Registration Plan and 

Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Notice of regulatory guidance. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces regulatory guidance 

concerning the applicability of fees in 

49 CFR 367.20 to registration under the 

Unified Carrier Registration (UCR) Plan 

and Agreement beginning after 

December 31, 2009. Until an adjustment 

in the fees is published by FMCSA, 

States participating in the UCR Plan and 

Agreement may assess and collect fees 

under the current FMCSA regulation. In 

accordance with a statutory amendment 

that applies to the current regulation, 

fees must be based on the number of 

self-propelled commercial motor 

vehicles owned and operated. 

DATES: Effective Date: This regulatory 

guidance is effective on March 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Frederic L. Wood, Regulatory Affairs 

Division, Office of Chief Counsel, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey Ave., 

SE., Washington, DC 20590. E-mail: 

frederic.wood@dot.gov. Telephone: 

(202) 366–0834. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Secretary of Transportation has 

the responsibility for setting the initial 

fees, as well as any adjustments in those 

fees, to be paid by motor carrier entities 

required to register with the UCR Plan 

and Agreement (49 U.S.C. 

14504a(d)(7)(B)). The Secretary is also 

authorized by section 4308 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, Pub L. 109–59, 119 Stat. 1144, 

1774 (Aug. 10, 2005) (SAFETEA–LU) 

(set out as a note to 49 U.S.C. 13902), 

to ‘‘issue such regulations as the 

Secretary determines are necessary to 

carry out [the Unified Carrier 

Registration Act of 2005, title IV, 

subtitle C, of SAFETEA–LU].’’ The 

FMCSA Administrator has been 

delegated authority by 49 CFR 1.73(a)(5) 

and (7) to carry out the functions and 

exercise the authority vested in the 

Secretary of Transportation by 49 U.S.C. 

chapters 139 and 145. 

Background 

This document provides regulatory 

guidance concerning the applicability of 

49 CFR 367.20, Fees under the Unified 

Carrier Registration Plan and Agreement 

for each registration year, for 

registration years beginning after 

December 31, 2009. FMCSA added this 

section to part 367 of title 49, Code of 

Federal Regulations (CFR) in a final rule 

in 2007 in order to set the initial fees for 

the Unified Carrier Registration Plan 

(UCR Plan). 72 FR 48590 (Aug. 24, 

2007). 

The UCR Plan is generally governed 

by the provisions of 49 U.S.C. 14504a, 

as added by section 4305 of SAFETEA– 

LU, 119 Stat. 1764–1773. The UCR Plan 

is the organization responsible for 

implementing and administering the 

Unified Carrier Registration Agreement 

(UCR Agreement), an interstate 

agreement governing the collection and 

distribution of registration information 

and fees collected pursuant to the 

statute. 49 U.S.C. 14504a(a)(8) and (9). 

Section 14504a(f)(1)(A)(i) requires that 

motor carriers, motor private carriers, 

and freight forwarders operating motor 

vehicles be charged registration fees that 

are ‘‘based on the number of commercial 

motor vehicles owned or operated by 

the motor carrier, motor private carrier, 

or freight forwarder * * *.’’ At the time 

of the issuance of the 2007 final rule, 

section 14504a(a)(1)(A) provided that, in 

general, a commercial motor vehicle 

‘‘has the meaning such term has under 

[49 U.S.C.] 31101.’’ In that section, a 

commercial motor vehicle is defined as 

‘‘a self-propelled or towed vehicle used 

on the highways in commerce 

principally to transport passengers or 

cargo * * *.’’ Taken together, these 

provisions required entities subject to 

registration and payment of fees to the 

UCR Plan to determine both the number 

of self-propelled vehicles (i.e., powered 

units, such as tractors and straight 

trucks) and the number of towed 

vehicles (i.e., trailers) in their fleets in 

order to assess the applicable fee to be 

paid under 49 CFR 367.20. 

In § 367.20, FMCSA published a table 

that established the fee schedule for 

motor carrier entities that are subject to 

registration and payment of fees under 

the UCR Plan. The headings of both 

§ 367.20 and the table it contains read 

‘‘Fees under the Unified Carrier 

Registration Plan and Agreement for 

each registration year.’’ Accordingly, the 

fee schedule is not limited to a specific 

year, but can be used in any registration 

year. The fee schedule is based on 

brackets established by the ‘‘number of 

commercial motor vehicles owned or 

operated by an exempt or non-exempt 

motor carrier, motor private carrier, or 

freight forwarder.’’ This is essentially 

identical to the statutory phrase in 

section 14504a(f)(1)(A)(i). Section 

367.20 does not contain a separate 

definition of the term ‘‘commercial 

motor vehicles.’’ Therefore, it is 

reasonable to conclude that the term’s 

meaning is controlled by the statutory 

definition found in section 

14504a(f)(1)(A)(i). The provisions of 

§ 367.20 have been applied by the States 

participating in the UCR Plan and 

Agreement on that basis to assess and 

collect fees for three registration years: 

2007, 2008 and 2009. See 73 FR 10157– 

58 (Feb. 26, 2008). 

In 2008, in section 701(d)(1)(B) of the 

Rail Safety Improvement Act of 2008, 

Public Law 110–432, div. A, title IV, 122 

Stat. 4848, 4906 (Oct. 16, 2008), 

Congress amended section 

14504a(a)(1)(A) so that it now provides: 

[T]he term ‘‘commercial motor vehicle’’— 

(i) for calendar years 2008 and 2009, has 

the meaning given the term in section 31101 

[of title 49, U.S.C.].; and 

(ii) for years beginning after December 31, 

2009, means a self-propelled vehicle 

described in section 31101. 

This amendment means that for UCR 

registration years beginning with 2010, 

the number of ‘‘commercial motor 

vehicles’’ used to determine the size of 

a motor carrier’s fleet will be based only 

on the number of self-propelled (or 

powered) vehicles and will not include 

towed vehicles. 

Because the meaning of the term 

‘‘commercial motor vehicles’’ in § 367.20 

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9488 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

is controlled by the meaning of that 

term in section 14504a(a)(1)(A), the 

change in meaning made by the 

statutory amendment also applies to the 

term used in § 367.20. This is a 

necessary result of this basic principle: 

‘‘First, always, is the question whether 

Congress has directly spoken to the 

precise question at issue. If the intent of 

Congress is clear, that is the end of the 

matter; for the court, as well as the 

agency, must give effect to the 

unambiguously expressed intent of 

Congress.’’ Chevron, U.S.A., Inc. v. 

Natural Resources Defense Council, 

Inc., 467 U.S. 837, 842–43 (1984). 

Congress has clearly expressed its intent 

to change the meaning of the term 

‘‘commercial motor vehicles’’ as used in 

section 14504a for years beginning after 

December 31, 2009. The relevant 

FMCSA regulation implementing the 

statutory provisions must be interpreted 

accordingly. 

Purpose and Effect of This 

Interpretation 

FMCSA has received a 

recommendation by the UCR Plan 

regarding an adjustment in fees for 2010 

in accordance with 49 U.S.C. 

14504a(d)(7)(A). Although FMCSA 

published a notice of proposed 

rulemaking regarding a recommended 

adjustment in the fees on September 3, 

2009 (74 FR 45583), a final rule has not 

yet been issued due to unexpected 

delays. States may, of course, await the 

publication of the final rule before 

assessing and collecting UCR Plan fees 

for 2010. However, the interpretation of 

§ 367.20 set forth in this regulatory 

guidance—namely, the fact that the fee 

schedule in § 367.20 is not limited, but 

can be used in any registration year— 

allows the States participating in the 

UCR Plan to consider the option of 

assessing and collecting fees for 

registration year 2010 by applying that 

existing fee structure. In doing so, States 

would have to base fees on the number 

of self-propelled vehicles (not including 

towed vehicles) that are owned or 

operated by exempt or non-exempt 

motor carriers, motor private carriers, or 

freight forwarders. 

This option allows those States to 

continue meeting their commitment, in 

accordance with section 14504a(e)(1)(B), 

‘‘that an amount at least equal to the 

revenue derived by the State from the 

unified carrier registration agreement 

shall be used for motor carrier safety 

programs, enforcement, or the 

administration of the UCR plan and 

UCR agreement.’’ In addition, the 

participating States will also have funds 

available to meet their share of the costs 

of participating in the Motor Carrier 

Safety Assistance Program’s grants, as 

permitted by 49 U.S.C. 31103(a), as 

amended by section 4307 of SAFETEA– 

LU, 119 Stat. 1774. To be sure, because 

the fees set in § 367.20 were based on 

the previous definition of commercial 

motor vehicles that included trailers, 

many motor carriers would pay fees 

based on a smaller number of 

commercial motor vehicles, thus 

producing less revenues for the 

participating States. Nonetheless, 

registration and payment of fees for 

2010 under § 367.20 would allow 

participating States an opportunity to 

receive at least a partial flow of 

revenues in order to meet the statutory 

objectives. 

The final rule establishing the 

adjusted fees beginning with registration 

year 2010 is presently under 

consideration by the Agency and the 

Department and will most likely be 

reviewed by the Office of Information 

and Regulatory Affairs of the Office of 

Management and Budget. Once a final 

determination is made concerning a 

final rule, participating States that 

decided to assess and collect fees under 

the current fee schedule may then assess 

and collect the balance due from any 

motor carrier entities that registered and 

paid the fees established in the current 

fee schedule. 

Regulatory Guidance 

Part 367—Standards for Registration 

With States 

Sections Interpreted 

Section 367.20 Fees Under the 

Unified Carrier Registration Plan and 

Agreement for Each Registration Year. 

Question: Do the fees set by this 

section apply to registration years 

beginning after December 31, 2009? 

Guidance: Yes. The States 

participating in the Unified Carrier 

Registration Plan and Agreement may 

assess and collect fees pursuant to the 

fee schedule set forth in 49 CFR 367.20. 

The statutory amendment of the 

applicable definition of commercial 

motor vehicles in 49 U.S.C. 14504a that 

applies beginning after December 31, 

2009, also governs the application of the 

fees established by this section. 

Issued on: February 22, 2010. 

Rose A. McMurray, 

Associate Administrator and Chief Safety 

Officer. 

[FR Doc. 2010–4294 Filed 3–1–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

Basel Comprehensive Quantitative 

Impact Study 

AGENCY: Office of Thrift Supervision 

(OTS), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to comment on 

proposed and continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507. The Office of Thrift 

Supervision within the Department of 

the Treasury will submit the proposed 

information collection requirement 

described below to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. Today, OTS is soliciting 

public comments on its proposal to 

extend this information collection. 

DATES: Submit written comments on or 

before May 3, 2010. 

ADDRESSES: Send comments, referring to 

the collection by title of the proposal or 

by OMB approval number, to 

Information Collection Comments, Chief 

Counsel’s Office, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552; send a facsimile 

transmission to (202) 906–6518; or send 

an e-mail to 

infocollection.comments@ots.treas.gov. 

OTS will post comments and the related 

index on the OTS Internet Site at http:// 

www.ots.treas.gov. In addition, 

interested persons may inspect 

comments at the Public Reading Room, 

1700 G Street, NW., by appointment. To 

make an appointment, call (202) 906– 

5922, send an e-mail to 

public.info@ots.treas.gov, or send a 

facsimile transmission to (202) 906– 

7755. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information 

about this proposed information 

collection from Roberta M. Renz (202) 

906–6447, Office of Thrift Supervision, 

1700 G Street, NW., Washington, DC 

20552. 

SUPPLEMENTARY INFORMATION: OTS may 

not conduct or sponsor an information 

collection, and respondents are not 

required to respond to an information 

collection, unless the information 

collection displays a currently valid 

OMB control number. As part of the 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES