29472 Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 

1This repeal became effective on January 1, 2007, 

in accordance with section 4305(a). 

2The Senate bill’s provisions were enacted ‘‘with 

modifications.’’ H. Conf. Rep. No. 109–203, at 1020 

(2005). 

3The Secretary’s functions under section 14504a 

have been delegated to the Administrator of the 

Federal Motor Carrier Safety Administration. 49 

CFR 1.73(a)(7), as amended, 71 FR 30833 (May 31, 

2006). 

(e) Applicability date. This section 

applies for plan years beginning on or 

after January 1, 2008. 

Par. 4. Section 1.431(c)(6)–1 is added 

to read as follows: 

§ 1.431(c)(6)–1 Mortality tables used to 

determine current liability. 

The mortality assumptions that apply 

to a defined benefit plan for the plan 

year pursuant to section 430(h)(3)(A) 

and § 1.430(h)(3)–1(a)(2) are used to 

determine a multiemployer plan’s 

current liability for purposes of 

applying the rules of section 431(c)(6). 

A multiemployer plan is permitted to 

apply either the static mortality tables 

used pursuant to § 1.430(h)(3)–1(a)(3) or 

generational mortality tables used 

pursuant to § 1.430(h)(3)–1(a)(4) for this 

purpose. However, for this purpose, a 

multiemployer plan is not permitted to 

use substitute mortality tables under 

§ 1.430(h)(3)–2. 

Kevin M. Brown, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 07–2631 Filed 5–23–07; 9:35 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 367 

[Docket No. FMCSA–2007–27871] 

RIN 2126–AB09 

Fees for Unified Carrier Registration 

Plan and Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

establish annual fees and a fee bracket 

structure for the Unified Carrier 

Registration Agreement as required 

under the Unified Carrier Registration 

Act of 2005, enacted as Subtitle C of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users. 

DATES: You must submit comments on 

or before June 13, 2007. 

ADDRESSES: You may submit comments, 

identified by DOT DMS Docket Number 

FMCSA–2007–27871, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

dms.dot.gov. Follow the instructions for 

submitting comments on the DOT 

electronic docket site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590- 

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number (FMCSA–2004–27871) or 

Regulatory Identification Number (RIN) 

for this rulemaking (RIN 2126–AB09). 

Note that all comments received will be 

posted without change to http:// 

dms.dot.gov, including any personal 

information provided. Please see the 

Privacy Act heading for further 

information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

Privacy Act: Anyone is able to search 

the electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

dms.dot.gov. Comments received after 

the comment closing date will be 

included in the docket and we will 

consider late comments to the extent 

practicable. FMCSA may, however, 

issue a final rule at any time after the 

close of the comment period. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Greg Parks, Regulatory Development 

Division, (202) 366–5370, FMCSA, 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590 or by e-mail at: 

FMCSAregs@DOT.gov. 

SUPPLEMENTARY INFORMATION

I. Legal Basis for the Rulemaking 

This proposed rule involves the fees 

to be set for the Unified Carrier 

Registration Agreement established by 

49 U.S.C. 14504a, enacted by section 

4305(b) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(119 Stat. 1144, 1764 (2005)). New 

section 14504a establishes the Unified 

Carrier Registration Plan, ‘‘an 

organization * * * responsible for 

developing, implementing, and 

administering the unified carrier 

registration agreement’’ (49 U.S.C. 

14504a(a)(9)). The Unified Carrier 

Registration Agreement is ‘‘an 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)). 

Congress also repealed the statutory 

provisions of 49 U.S.C. 14504 governing 

the Single State Registration System 

(SSRS) (SAFETEA–LU section 4305(a)).1

The legislative history indicates that the 

purpose of the UCR Plan and Agreement 

is both to ‘‘replace the existing outdated 

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)).2

The statute provides for a 15–member 

Board of Directors for the UCR Plan and 

Agreement to be appointed by the 

Secretary of Transportation. The 

establishment of the UCR Board 

(‘‘Board’’) was announced in the 

Federal Register on May 12, 2006 (71 

FR 27777). Among its responsibilities, 

the Board must submit to the Secretary 

of Transportation 3 a recommendation 

for the initial annual fees to be assessed 

motor carriers, motor private carriers, 

freight forwarders, brokers and leasing 

companies under the UCR Agreement 

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

then is directed to set the fees within 90 

days after receiving the Board’s 

recommendation and after notice and 

opportunity for public comment (49 

U.S.C. 14504a(d)(7)(B)). 

II. Statutory Requirements for UCR 

Fees 

The statute specifies several relevant 

factors that must be considered by the 

Board and FMCSA in setting the fees 

(see 49 US.C. 14504a(d)(7)(A), (f)(I) and 

(g)). It specifies that fees are to be 

determined by FMCSA based upon the 

recommendation of the Board. In 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 29473 

4The statute generally defines ‘‘commercial 

motor vehicles’’ for this purpose as including both 

self-propelled and towed vehicles (49 U.S.C. 

14504a(a)(1)(A) and 31101(1)). 

5FMCSA has designated four Service Center 

areas. The Eastern Service Center includes: Maine, 

New Hampshire, Vermont, Massachusetts, Rhode 

Island, Connecticut, Pennsylvania, New Jersey, New 

York, Maryland, Delaware, West Virginia, Virginia, 

Puerto Rico and the District of Columbia. The 

Southern Service Center includes: North Carolina, 

South Carolina, Tennessee, Arkansas, Oklahoma, 

Texas, Louisiana, Mississippi, Alabama, Georgia, 

Florida, and Kentucky. The Midwestern Service 

Center includes: Iowa, Illinois, Indiana, Kansas, 

Michigan, Missouri, Minnesota, Nebraska, Ohio, 

and Wisconsin. The Western Service Center 

includes: American Samoa, Alaska, Arizona, 

California, Colorado, Guam, Hawaii, Idaho, 

Montana, New Mexico, Nevada, North Dakota, 

Northern Mariana Islands, Oregon, South Dakota, 

Utah, Washington, and Wyoming. 

recommending the level of fees to be 

assessed in any agreement year, and in 

setting the fee level, both the Board and 

FMCSA shall consider the following 

factors: 

1. Administrative costs associated 

with the Unified Carrier Registration 

Plan and Agreement. 

2. 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. 

3. Provisions governing fees in 49 

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

Subsection (f)(1) provides that the fees 

charged must satisfy the following 

criteria: 

a. Fees charged to a motor carrier, 

motor private carrier, or freight 

forwarder in connection with the filing 

of proof of financial responsibility 

under the UCR Agreement shall be 

based on the number of commercial 

motor vehicles owned or operated by 

the motor carrier, motor private carrier, 

or freight forwarder.4

b. Fees charged to a broker or leasing 

company in connection with the filing 

of proof of financial responsibility 

under the UCR Agreement shall be 

equal to the smallest fee charged to a 

motor carrier, motor private carrier, and 

freight forwarder, or to the smallest fee 

charged under the UCR Agreement. 

Section 14504a(f)(1) also stipulates 

that for the purpose of charging fees the 

Board shall develop no more than 6 and 

no less than 4 brackets of carriers 

(including motor private carriers) based 

on the size of the fleet, i.e., the number 

of commercial motor vehicles owned or 

operated. Finally, the fee scale is 

required to be progressive in the amount 

of the fee. 

Overall, the fees assessed under the 

UCR Agreement must produce a level of 

revenues established by the 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 the SSRS in the registration year prior 

to the enactment of the Unified Carrier 

Registration Act of 2005 (i.e., the 2004 

registration year), is entitled to receive 

revenues under the UCR Agreement 

equivalent to the revenues it received in 

2004. 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 equivalent to the amount 

received in the 2004 registration year. 

The section also requires that States 

which did not participate in SSRS in 

2004, but which choose to participate in 

the UCR Plan, will receive revenues not 

to exceed $500,000 per year. 

III. UCR Board Fee Recommendation 

As mentioned in I. above, the statute 

provides for a 15-member Board of 

Directors for the UCR Plan and 

Agreement to be appointed by the 

Secretary of Transportation. Section 

14504a(d) specifies that the UCR Board 

of Directors must consist of 

representatives from the following 

groups: 

U.S. Department of Transportation: 

One individual, either the FMCSA 

Deputy Administrator or another 

Presidential appointee from the 

Department as selected by the Secretary. 

The FMCSA Deputy Administrator was 

selected to represent the Department. 

State Chief Administrative Officers: 

Four directors, one from each of the 

FMCSA service areas (as defined by 

FMCSA on January 1, 2005 5) from 

among the chief administrative officers 

of the State agencies responsible for 

administering the UCR Agreement. 

Directors appointed in this category 

include: Mr. Charles ‘‘Buddy’’ Covert, 

Director, Transportation Administrative 

Division, West Virginia Public Service 

Commission for the FMCSA Eastern 

Service Center; Ms. Angel O. Oliver, 

Supervisor, Credentialing Unit, Motor 

Carrier Division, Texas Department of 

Transportation (TXDOT) for the FMCSA 

Southern Service Center; Ms. Ruth 

Sluzacek, Director of Motor Carrier 

Services, Iowa Motor Vehicle Division, 

Iowa Department of Transportation, for 

the FMCSA Midwestern Service Center; 

and Mr. Frank Laqua, Administrator of 

Motor Carrier Services, North Dakota 

Department of Transportation for the 

Western Service Center. 

State Agencies: Five directors from 

among the professional staffs of State 

agencies responsible for overseeing the 

administration of the UCR Agreement 

who must be nominated by the National 

Conference of State Transportation 

Specialists (NCSTS), a non-profit 

organization founded in 1959 and 

consisting of State agencies involved in 

transportation safety, insurance and 

consumer protection. Directors 

appointed in this category include: Mr. 

Avelino A. Gutierrez, Staff Counsel, 

New Mexico Public Regulation 

Commission (NMPRC); Ms. Barbara 

Hague, Special Projects Coordinator, 

Missouri Department of Transportation 

Motor Carrier Services (MODOT); Mr. 

Dave Lazarides, Director of Processing 

and Information, Illinois Commerce 

Commission, Transportation Bureau; 

Mr. William Leonard, Director of the 

Freight Compliance and Safety Bureau, 

New York Department of Transportation 

(NYDOT); and Mr. Terry Willert, Chief, 

Transportation Section, Colorado Public 

Utility Commission (COPUC). 

Motor Carrier Industry: Five directors 

must represent the motor carrier 

industry. At least one of the five motor 

carrier industry representatives must be 

from ‘‘a national trade association 

representing the general motor carrier of 

property industry’’ and one of them 

must be from ‘‘a motor carrier that falls 

within the smallest fleet fee bracket.’’

FMCSA recognizes the American 

Trucking Associations, Inc. (ATA) as the 

national trade association representing 

the general motor carrier of property 

industry. ATA is a national affiliation of 

State trucking organizations 

representing the national, State and 

local interests of the 50 affiliated State 

trucking associations; and the interests 

of specialized areas of the trucking 

industry through conferences and 

councils. The ATA representative is Mr. 

Robert Pitcher, Vice President, State 

Laws Division. The agency has selected 

the Owner-Operator Independent 

Drivers Association (OOIDA) as the 

organization from which to appoint an 

individual to represent motor carriers 

comprising the smallest fleet fee 

bracket. OOIDA is a national trade 

association representing the interests of 

small trucking companies and drivers. 

The OOIDA representative is Mr. Rick 

Craig, Treasurer and Director of 

Regulatory Affairs. The statute gives the 

Secretary discretion to appoint the 

remaining three industry 

representatives. In order to ensure 

participation on the Board by segments 

of the industry newly subject to the 

SSRS replacement system, the Secretary 

appointed three members as follows: (1) 

One director from the Transportation 

Intermediaries Association (TIA), Mr. 


rwilkins on PROD1PC63 with PROPOSALS
29474 Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 

6The FMCSA Deputy Administrator recused 

himself from the Board’s deliberations regarding the 

fee recommendation to prevent any real or potential 

conflict of interest due to his position within 

FMCSA in reviewing the Board’s recommendation 

and setting the fees under the statute. 

7Participating SSRS States include: Alabama, 

Arkansas, Colorado, Connecticut, Georgia, Idaho, 

Illinois, Indiana, Iowa, Kansas, Kentucky, 

Louisiana, Maine, Massachusetts, Michigan, 

Minnesota, Mississippi, Missouri, Montana, 

Nebraska, New Hampshire, New Mexico, New York, 

North Dakota, Ohio, Oklahoma, Rhode Island, 

South Carolina, South Dakota, Tennessee, Texas, 

Utah, Virginia, Washington, West Virginia, and 

Wisconsin. 

8The District of Columbia, which is not 

participating, is considered a State for this purpose. 

49 U.S.C. 13102(21). 

Robert Voltmann, President and CEO, 

(2) one director from the National 

Private Truck Council (NPTC), Mr. 

Richard P. Schweitzer, General Counsel, 

and (3) one director from Wal-Mart 

Stores, Inc. (Wal-Mart), Mr. Craig 

Sharkey, Associate General Counsel, 

Logistics Division. TIA represents 

transportation intermediaries such as 

brokers, freight forwarders, and shippers 

doing business in domestic and 

international commerce. NPTC is a 

national trade association representing 

private motor carrier fleets. With nearly 

7,000 tractors, over 40,000 trailers, and 

annual sales over $285 billion, Wal-Mart 

is the nation’s largest private motor 

carrier. 

As required by section 14504a(d)(7), 

the UCR Board prepared and submitted 

to FMCSA a recommendation of initial 

fee brackets and annual fees for calendar 

year 2007. The Board assigned a 

Revenue and Fees Subcommittee to 

calculate the overall revenue 

requirement and to recommend fees and 

brackets. The Board then reviewed the 

analysis conducted by the Revenue and 

Fees Subcommittee and selected a 

bracket structure and fees that it 

recommended to FMCSA.6 The Board’s 

fee recommendation is available in the 

Department’s DMS. 

A. Participating Jurisdictions 

The Board first canvassed the States 

to determine how many States would 

participate in the UCR Agreement. The 

Board set a deadline of November 1, 

2006, for the submission of plans by the 

States with their intent to participate in 

2007. Although the State of Tennessee 

submitted its plan on November 6, 2006, 

the Board, on November 7, 2006, voted 

to allow Tennessee to participate for 

2007. 

Of the 38 States that participated in 

SSRS in 2006, all but two, California 

and North Carolina, agreed to 

participate in the UCR in registration 

year 2007.7 Of the thirteen States 8 that 

did not participate in SSRS, only 

Oregon agreed to participate in the UCR 

for registration year 2007. 

B. Certification of State Revenues 

To develop a nationwide figure for the 

replacement revenues needed under the 

UCR Agreement, the Board next asked 

SSRS States to provide information on 

the revenues they received for the 

registration year 2004, the year specified 

in the statute as mentioned above. In 

their responses, the SSRS States that 

agreed to participate under the UCR 

Agreement for 2007 certified their 

revenue figures for 2004. The total 

certified SSRS State revenue figure was 

$101,272,400, as shown in Appendix E 

to the Board’s recommendation. 

SAFETEA–LU caps the maximum 

revenue figure for UCR States that did 

not participate in SSRS at $500,000 per 

year (49 U.S.C. 14504a(g)(3)). Because 

only one non-SSRS State agreed to 

participate in the UCR for registration 

year 2007 (Oregon), the Board added 

$500,000 to the total entitlement figure, 

bringing the total State revenue 

requirement under the UCR to 

$101,772,400. 

C. Administrative Costs 

Under section 14504a(d)(7) of the 

statute, the costs incurred by the Board 

to administer the UCR Agreement are 

eligible for inclusion in the total 

revenue to be collected. The Board 

considered that these administrative 

costs would include, but would not be 

limited to, meeting costs and start up 

costs of a web-based registration system 

that will allow the motor carrier 

industry to register and pay required 

fees on-line. In addition, the 

administrative costs would include 

costs of a repository for the 

administration of the Board and a 

depository for the revenues generated 

under the UCR Agreement to be 

distributed among the participating 

States. The Board estimated $5,000,000 

for administrative expenses for the first 

year of the UCR Plan and Agreement, as 

shown in Appendix F to the Board’s 

recommendation. 

D. Revenue Target 

The Board’s revenue target for 2007 is 

$107,306,262, which is composed of 

$101,772,400 for State revenue as 

discussed above in ‘‘III.B. Certification 

of State Revenues,’’ plus the Board’s 

estimate of $5,000,000 for 

administrative expenses as discussed 

above in ‘‘III.C. Administrative Costs’’. 

The Board also included in its revenue 

target recommendation to FMCSA an 

additional amount of $533,862, equal to 

one-half of one percent of the State 

revenue total and administrative 

expenses. The Board stated that it added 

this additional amount as a reserve to 

offset the risk of faulty data. 

E. Carrier Population 

The Board’s recommendation is based 

on the premise that revenues will be 

generated ‘‘from all motor carrier 

entities involved in interstate 

commerce.’’ Each of the five categories 

of motor carrier entities is defined by 

statute (in some cases with 

modifications or additions found in 

section 14504a) as shown in Table 1 

below. 

TABLE 1.—CATEGORIES OF MOTOR

CARRIER ENTITIES

Category Definition in 49 U.S.C. 

Motor Carrier ........... 13102(14) and 

14504a(a)(5). 

Motor Private Carrier 13102(15). 

Freight Forwarder .... 13102(8) [Freight forwarders that operate 

motor vehicles are 

treated as motor carriers. 13903(b) and 

14504a(b)]. 

Broker ...................... 13102(2). 

Leasing Company ... 14504a(a)(4). 

To estimate the number of carriers 

subject to the UCR Agreement, the 

Board sought an approach that would 

provide a number of carriers for which 

active status could be estimated to allow 

for a conservative universe of interstate 

carriers. FMCSA maintains the most 

comprehensive databases describing the 

entities that are subject to the UCR 

Agreement. The Motor Carrier 

Management Information System 

(MCMIS) and the License and Insurance 

System (L&I) maintained by FMCSA 

house information about the known 

universe of the motor carrier industry 

(in MCMIS) and brokers and freight 

forwarders (in L&I). Carriers that operate 

commercial motor vehicles in interstate 

commerce are required to register with 

FMCSA by providing carrier census data 

and acquiring a USDOT number. The 

carrier census data resides in MCMIS, 

and similar information on brokers and 

freight forwarders is in the L&I System. 

The States have access to data derived 

from MCMIS through the SafetyNet 

system. To determine an estimate of the 

active population of motor carriers, the 

Board used the SafetyNet system 

maintained by New York State to 

identify carriers. The Board filtered data 

from the SafetyNet data base to exclude 

carriers that neither had updated their 

MCS–150 census file nor had an 

inspection, crash, safety audit, or 

compliance review recorded within the 

past 12 months (March 1, 2006, through 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 29475 

February 26, 2007). Applying the filters 

to approximately 730,000 carriers listed 

in the data base, the Board filtered out 

almost 380,000 carriers, leaving an 

estimated total number of active 

interstate carriers of 350,698. The Board 

then considered freight forwarders and 

brokers. The total number of these 

entities listed in the Licensing and 

Insurance (L&I) System, as provided by 

FMCSA, was approximately 19,000. 

Freight forwarders that also operate 

commercial motor vehicles were 

excluded to avoid double counting, 

because they are already included in 

SafetyNet. After excluding the entities 

with a USDOT number in the L&I 

System, the Board estimated the total 

number of freight forwarders and 

brokers as 14,575. Summing the 350,698 

active interstate carriers and 14,575 

freight forwarders and brokers, the 

Board arrived at a total affected 

population of 365,273. 

F. Number of Fee Brackets 

In establishing the number and 

composition of the brackets, under the 

statute the Board had the option of 

choosing among four, five, or six 

brackets for the distribution of the 

365,273 entities it determined would be 

expected to pay the fee as set forth 

above in ‘‘III.E. Estimate of Carrier 

Population.’’ Given the huge range of 

fleet sizes (from none to over 100,000 

commercial motor vehicles), the Board 

decided to use the maximum allowable 

number of brackets, thereby helping to 

reduce the range of sizes within 

individual brackets. The Board decided 

to make the first bracket include no 

more than two CMV s, recognizing the 

large fraction of very small carriers, as 

shown in Table 2 below in ‘‘III.G. Fee 

Levels for Each Bracket.’’ The Board’s 

analysis of the population showed that 

182,782 of the total of 365,273 carriers, 

or more than half of the carriers, 

operated just one or two commercial 

motor vehicles (e.g., one tractor and one 

trailer). The Board also decided that a 

‘‘high-end’’ bracket with more than 

1,000 commercial motor vehicles was 

necessary. The Board performed a 

special analysis of carriers with more 

than 1,000 commercial motor vehicles 

and calculated the high-end (sixth) 

bracket under the assumption that, due 

to errors in reporting and uncertainty in 

the data, only 75 percent of the carriers 

indicating more than 1,000 commercial 

motor vehicles actually operate that 

many. Based on a survey it undertook, 

the Board estimated that only 85 percent 

of the number of carriers listed in 

MCMIS as having more than 1,000 

power units actually operated that many 

vehicles. Addition of trailers to the 

universe of power units adds an 

additional degree of uncertainty and 

inaccuracy. The Board, therefore, 

decided to further reduce the reliability 

rate for the top bracket to 75 percent, to 

account for the inclusion of trailers. 

This adjustment reduced the total 

number of motor carrier entities to 

365,071. 

The Board assigned the second 

bracket to contain carriers having no 

more than five motor vehicles because 

it found, based on its analysis of the 

distribution of motor vehicles across 

carriers as shown in Table 2, that just 

over 70 percent of all carriers (182,782 

+ 72,910/365,071) have fewer than six 

motor vehicles. The remaining three 

brackets were assigned in such a way 

that they built a reasonable bridge 

between 6 and 1,000 motor vehicles: 

One bracket covered carriers with 6 

through 20 motor vehicles, the next 

covered carriers with 21 through 100 

motor vehicles, and the next covered 

carriers with 101 through 1000 motor 

vehicles. 

G. Fee Levels for Each Bracket 

As discussed above under ‘‘III. D. 

Revenue Target,’’ the Board’s target 

revenue figure with administrative costs 

and reserve is $107,306,262. To 

determine how to allocate that sum 

among the six brackets, the Board relied 

upon an interactive model that 

calculated the number of entities in 

each bracket; the revenues generated by 

each bracket at different fee amounts; 

total revenues; and any surplus or 

deficit from the $107,306,262 target 

figure. The Board also considered 

fairness in terms of fees per motor 

vehicle while assigning the fees for each 

bracket. The Board agreed to make sure 

that the maximum fee per commercial 

motor vehicle in a given bracket would 

be no higher than the maximum fee per 

commercial motor vehicle in the next 

smaller bracket, a criterion that was 

unanimously regarded as fair by the 

Board. In addition, the Board obtained 

data from a few States on the average 

fees currently paid under SSRS to 

provide the Board with a benchmark 

figure. Using these tools and after 

deliberations and debate, the Board 

agreed upon the proposed fee amounts. 

The fees recommended by the Board 

range from a low of $39 for carriers in 

the lowest bracket (0 to 2 CMVs) to a 

high of $37,500 (the 1001-or-greater 

CMVs bracket). The Board estimated 

that this fee structure would generate 

$107,352,364 in revenues, meeting the 

target figure with a projected reserve of 

$579,964 for the UCR registration year 

2007. Table 2 provides the bracket and 

fee structure recommended by the Board 

to FMCSA on April 2, 2007. The table 

is based on Page 10 of the report 

submitted by the Board to USDOT and 

FMCSA dated March 23,2007, entitled 

‘‘Report of the Revenues and Fees 

Subcommittee Recommended Fee 

Structure Discussion Pursuant to the 

Unified Carrier Registration 

Agreement.’’

TABLE 2.—BRACKET AND FEE STRUCTURE RECOMMENDED BY THE BOARD

Bracket 

Motor vehicles 

Entities Fee per 

entity Revenue 

From To 

B1 ............................................................................................................... 0 2 182,782 39 $7,128,498 

B2 ............................................................................................................... 3 5 72,910 116 8,457,560 

B3 ............................................................................................................... 6 20 73,130 231 16,893,030 

B4 ............................................................................................................... 21 100 27,946 806 22,524,476 

B5 ............................................................................................................... 101 1,000 7,695 3,840 29,548,800 

B6 ............................................................................................................... 1,001 200,000 608 37,500 22,800,000 

Total .................................................................................................... .................. .................. 365,071 .................. 107,352,364 

UCR 

Board’s 

Target 

107,306,262 

Surplus 46,102 


rwilkins on PROD1PC63 with PROPOSALS
29476 Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 

IV. FMCSA Fee Determination 

Section 14504a requires FMCSA and 

the Board to consider the relevant 

factors laid out in detail above in ‘‘II. 

Statutory Requirements for UCR Fees.’’

That statutory section also requires 

FMCSA to consider the 

recommendation of the UCR Board and 

the same statutory requirements in 

setting the UCR fees. FMCSA carefully 

examined the Board’s entire fee 

recommendation including the 

methodology and specific findings of 

the Board. FMCSA also independently 

considered the factors specified in 

SAFETEA–LU, and verified and utilized 

the data and analysis provided by the 

Board in its fee recommendation. As 

discussed in detail below, FMCSA has 

concluded that the Board’s 

recommendations are reasonable and 

that the Board considered all required 

factors specified by SAFETEA–LU. The 

Board satisfied the requirements for 

establishing the fees to be charged under 

the unified carrier registration 

agreement in the following areas: 

A. Participating Jurisdictions 

States may choose to participate in 

the UCR Plan and Agreement for 2007 

by submitting the State plan that 

complies with section 14505a( e). The 

Board provided adequate opportunity 

for all States to participate in the UCR 

Plan and Agreement for registration year 

2007, even going so far as to make an 

exception for the State of Tennessee 

when it filed its plan after the cutoff 

date set by the Board. The Board’s 

allowance of participation by Tennessee 

is permitted by section 14504a(e)(1), 

which establishes a final deadline of 

August 10, 2008 for participation by the 

States. 

B. Certification of State Revenues 

The Board’s calculation of the total 

revenue to be collected under the UCR 

was properly based upon the revenues 

collected by the participating States 

(both under SSRS and for intrastate 

registrations of interstate carriers) for 

the calendar year 2004. The Board 

provided FMCSA with the certifications 

from every participating State so 

FMCSA could independently verify the 

amounts, as shown in Table 3. From 

Table 3, it can be seen that the Board 

included the revenue collected by the 

States that participated in the SSRS as 

well as the UCR Agreement while 

determining the revenue required from 

the UCR Agreement. The addition of 

$500,000 for the inclusion of Oregon to 

the UCR Agreement is also in 

accordance with the revenue 

requirement. FMCSA has verified that 

the Board has accurately reflected in its 

recommendations the revenue 

entitlements certified by each 

participating State for 2007. In 

accordance with 49 U.S.C. 14504a(g)(4), 

FMCSA proposes to approve the amount 

of revenue under the UCR Agreement 

which each State participating in 2007 

is entitled, as specified in Table 3. The 

Board’s addition of a revenue reserve, 

equal to one half of one percent of the 

State revenue entitlement and 

administrative costs, offsets the risk of 

faulty data, especially on trailers. The 

intent of this addition is to offset the 

risk of undercollection, rather than to 

accumulate excess revenues. 

BILLING CODE 4910–EX–M 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 29477 

BILLING CODE 4910–EX–C 

C. Administrative Costs 

The Board provided an estimate of the 

administrative costs associated with the 

unified carrier registration plan and 

agreement, as required by section 

14504a(d)(7)(A)(i)). The Board’s 

estimate includes the following: 

• The Board estimated the cost of setting 

a web-based registration and payment system 

as $2,000,000. FMCSA believes, based upon 

our experience with development of 

information technology (IT) systems, that this 

amount may be within the range of 

appropriate costs for the rapid development 

of IT systems. However, FMCSA requests 

comments on the reasonableness of the 

Board’s estimate. 

• The Board assumed that approximately 

half of the revenue will be collected online 

($50,000,000) and that credit card operating 

expenses would amount to 3 percent, or 

$1,500,000. FMCSA believes this to be a 

reasonable estimate, based on its own 

investigation into the cost of credit card 

payments. FMCSA found that the expenses 

associated with accepting payments through 

credit cards arise from discount rate, fixed 

transaction fee, chargeback fee and other 

miscellaneous fees. A typical merchant 

discount rate ranges from 1.5 to 3 percent, 

the fixed transaction fee can cost between 20 

and 30 cents per transaction, and chargeback 

fees range from 10 to 25 dollars per 

chargeback. Given that the costs could be as 

high as 3 percent as a result of the discount 

rate alone, the Board’s estimate of a total cost 

of 3 percent of the payments charged is 

within the normal range. 

• The Board intends to send a UCR 

application package to all interstate carriers 

currently listed in MCMIS, approximately 

700,000 carriers. Communication costs of 

$650,000 for 700,000 mailings appears to be 

reasonable, given postage and printing costs. 


rwilkins on PROD1PC63 with PROPOSALSEP29MY07.004</GPH>
29478 Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 

• The Board estimated the travel cost to 

total $100,000, based on the Board’s 

projection of five meetings per year and 15 

Board members. This total amounts to $1,333 

per member per meeting, which FMCSA 

agrees is a reasonable estimate. 

• Help desk and assistance cost to address 

phone queries is projected at $150,000 (5 

full-time employees*40 hours/week*50 

weeks*$25 per hour). FMCSA considers this 

estimate to be somewhat high, but not 

unreasonable given uncertainty about the 

volume of inquiries. 

• The Depository cost of $500,000 is only 

0.5% of the total revenue collected ($100 

million). Charging a fee of 0.5% of the total 

money managed is not unusual. 

D. Revenue Target 

The Board’s calculation of the 

revenue target to be collected under the 

UCR was properly based upon the 

revenues collected by the participating 

States for the calendar year 2004, plus 

$500,000 for each non-SSRS State as 

required by the statute, plus 

administrative costs. The Board also 

included a one half of one percent 

addition to all fees as a ‘‘reserve.’’

Because the Board’s fees 

recommendation pertains to the first 

year in which fees will be collected, the 

Board did not need to address whether 

revenues generated in the previous year 

and any surplus or shortage from that or 

prior years would enable the 

participating States to achieve the 

revenue levels set by the Board, as 

required by section 14504a(d)(7)(A)(ii). 

E. Carrier Population 

The Board based its fee 

recommendation on a reasonable 

estimate of the number of commercial 

motor vehicles owned or operated by 

motor carriers, motor private carriers, 

and freight forwarders, as specified by 

section 14504a(f)(l)(A)(i). The key 

question of whether the recommended 

fee structure would generate enough 

revenue to meet the statutory 

requirement depended on the Board’s 

estimates of the number of motor carrier 

entities in each size category. FMCSA 

carefully reviewed the method the 

Board used to make these estimates and 

replicated to a high level of accuracy the 

Board’s estimates of the number of 

affected entities and the size 

distribution using its own data base. 

Using the same filters employed by the 

Board, FMCSA was able to generate the 

distribution and population of active 

carriers from the MCMIS database. The 

time frame for the filters in FMCSA’s 

analysis was the calendar year 2006 

while that of the Board was March 1, 

2006 to February 26, 2007. In spite of 

this difference, FMCSA’s estimate of the 

total affected population data differs 

from the Board’s estimate by less than 

one percent. The high degree of 

correspondence between the two 

estimates gave FMCSA confidence that 

it understood the Board’s analysis and 

that the Board’s estimates are 

reasonable. 

FMCSA worked with the Board to 

select the filters that were used to 

remove database entries that might not 

represent active interstate carriers, 

thereby ensuring that the filters used 

were reasonable: Carriers were included 

only if they showed recent evidence of 

activity. FMCSA also reviewed the 

Board’s estimate of the total number of 

freight forwarders and brokers and 

concluded that it was likely to result in 

an accurate estimate. Though there was 

no attempt to filter them on the basis of 

signs of recent activity, FMCSA expects 

that even if any such measures were 

taken to determine whether they are 

active, the overall change that would 

occur in the total carrier population 

would be insignificant. FMCSA reached 

this conclusion based on the fact that 

the 14,575 freight forwarders and 

property brokers found in the L&I 

system represented only four percent of 

the total affected population, and 

(because they are included in the 

bracket with the smallest fee) an even 

smaller fraction of total revenue. 

FMCSA notes that the Board did not 

separately consider the number of 

leasing companies when calculating the 

affected population or the revenues that 

the fees would raise. Because leasing 

companies that do not operate motor 

vehicles are assigned to the lowest 

bracket, and thus will pay no more than 

$39 per year, this omission is not 

significant. FMCSA estimates, on the 

basis of data from the US Census that 

there are only about 2,000 leasing 

companies that would be affected by the 

UCR rule. NAICS code 53212 (Truck, 

utility trailer, and recreational vehicle 

rental and leasing) represents the 

industry into which leasing companies 

fall. There are a total of 3,942 Truck 

rental (Product line code 52503) and 

2,723 Truck leasing (Product line code 

52504) establishments, for a total of 

6,647 establishments. At most 6,647 

leasing companies are affected by the 

rule. Because many firms have multiple 

establishments, the number of separate 

firms is considerably smaller. Although 

the Census does not show the exact 

number of firms, it does give enough 

information on firms with multiple 

establishments to determine a 

reasonable upper bound on total firms. 

The census data show that the largest 50 

firms in this industry own a total of 

4,115 establishments. The other firms 

must then own the remaining 2,532 

establishments. Even assuming that all 

the remaining firms own only one 

establishment each, the total number of 

firms cannot be greater than the sum of 

2,532 single-establishment firms and the 

50 largest firms, or 2,582. At $39 each, 

the total revenues owed by this sector 

would be about $101,000. This amount 

is less than a tenth of one percent of 

total UCR revenues and would not 

change the fee in any bracket by more 

than the rounding error. Accordingly, 

inclusion of this amount would have a 

negligible or perhaps no impact on the 

proposed fee structure and fee levels. 

We do, however, invite comment on this 

point. 

As Table 4 shows, FMCSA’s estimates 

of the population of carriers in the 

various brackets corresponds closely to 

the estimates prepared by the Board. 

The high degree of correspondence 

between the two estimates, as shown in 

Table 4, gave FMCSA confidence that it 

understood the Board’s analysis and 

that the Board’s estimates are 

reasonable. 

TABLE 4.—COMPARISON OF CARRIER SIZE DISTRIBUTION ESTIMATES

Bracket FMCSA Board % Difference 

B1 ........................................................................................................................................................... 182,782 184,290 0.8 

B2 ........................................................................................................................................................... 72,910 74,070 1.6 

B3 ........................................................................................................................................................... 73,130 73,567 0.6 

B4 ........................................................................................................................................................... 27,946 27,969 0.1 

B5 ........................................................................................................................................................... 7,695 7,641 0.7 

B6 ........................................................................................................................................................... 810 797 1.6 

Total ................................................................................................................................................ 365,273 368,334 0.8 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 29479 

The Board used a 75 percent 

reliability factor while calculating the 

number of companies that own more 

then 1,000 motor vehicles. The Board 

determined the reliability rate to be 85 

percent for carriers that own more than 

1,000 power units based on their indepth analysis. Though the Board 

provided no quantitative basis for 

lowering the reliability factor to 75 

percent after the inclusion of trailers, 

FMCSA agrees that the addition of 

trailers to the universe of power units 

increases the degree of uncertainty and 

unreliability in the data, and that the 

change to 75 percent was reasonable. 

F. Number of Fee Brackets 

The Board’s recommendation satisfied 

the requirements of section 

14504a(f)(1)(C) by specifying no more 

than 6 brackets of carriers based on the 

size of the fleet. FMCSA adopts as 

reasonable the six brackets and the fleet 

size distribution among the brackets. 

G. Fee Levels for Each Bracket 

FMCSA found that the Board 

recommended a fee scale that is 

progressive in the amount of the fee, as 

required by section 14504a(f)(1)(D), 

when assessed from bracket to bracket. 

There are six brackets, each one defined 

by carrier size in terms of the numbers 

of CMVs. The fees per carrier clearly 

increase as the size of the carriers in the 

brackets increases, thereby meeting the 

Board’s understanding of a fee scale that 

is progressive. 

The fee levels for brokers and leasing 

companies are based on the smallest fee 

charged under the UCR agreement, as 

specified by section 14504a(f)(1)(A)(ii). 

As mentioned above under ‘‘IV.D. 

Revenue Target,’’ the Board added one 

half of one percent to its revenue 

requirement to create what it termed a 

revenue reserve of $533,862. FMCSA 

examined the rationale for adding this 

amount and determined that it had a 

reasonable basis. FMCSA noted that the 

Board provided for fees that would 

collect an extra $533,862 because of the 

additional uncertainty resulting from 

data on trailers. Though it would be 

difficult to determine the true extent to 

which the accuracy of data on trailer use 

and ownership differs from that for 

power units, FMCSA did observe that 

the prevalence of trip-leasing of trailers 

is greater than that for trucks or tractors. 

The use of trip leases could create 

problems for the collection of revenues 

under UCR: The statute specifies that 

only commercial motor vehicles 

controlled under a long-term lease are to 

be included for the purpose of 

determining the applicable UCR fees (49 

U.S.C. 14504a(f)(2)). However, the 

MCS–150 form includes a category for 

trip-leased vehicles. That data may be 

included in the MCMIS database, but 

motor carrier entities may choose to 

exclude trip-leased vehicles when 

selecting their fee bracket. The statute 

also provides alternative methods by 

which motor carrier entities may 

calculate the number of commercial 

motor vehicles in their fleet for the 

purpose of determining the applicable 

fees (49 U.S.C. 14504a(f)(3)). These 

factors all introduce a degree of 

uncertainty in the fleet sizes upon 

which the fees are based, and, therefore, 

in the total amount of fees collected. 

By examining data on a large subset 

of the carrier population, FMCSA 

determined that omitting all trip-leased 

vehicles from carriers’ vehicle counts 

could reduce the UCR revenues 

collected from the first five brackets by 

on the order of $1 million. Because 

carriers are not likely to omit all tripleased vehicles, it appears that the 

Board would be justified in anticipating 

a loss of a half million for the first five 

brackets. There would be additional 

losses for the top bracket, but FMCSA 

considers those losses to be taken into 

account appropriately by the 75 percent 

factor used in projecting revenues from 

the top bracket. Thus, FMCSA 

concluded that the Board’s 1⁄2 percent 

addition to the revenue requirement is 

a reasonable response to the risk of 

undercollection of revenues due to 

uncertainty about the treatment of 

trailers FMCSA found that the Board’s 

recommended fee structure, as 

modified, meets the requirements of the 

statute. As shown in Table 3, there are 

six brackets, each one defined by carrier 

size in terms of the numbers of 

commercial motor vehicles. The fees per 

carrier increase as the size of the carriers 

in the brackets increases, thereby 

meeting the statute’s requirement that 

the fees be progressive. Finally, leasing 

companies and brokers are included in 

Bracket 1, which has the lowest fee per 

entity, as required. 

To get a better sense of the 

distribution of the fees, FMCSA 

calculated the average fee per motor 

vehicle by carrier size. Table 5 shows 

these averages for six carrier size groups 

that correspond to the fee brackets in 

the recommended fee structure. 

TABLE 5.—FEE PER MOTOR VEHICLE

Motor vehicles Average fee per 

motor vehicle 

From To ($) 

0 ............... 2 .................. 26 

3 ............... 5 .................. 31 

6 ............... 20 ................ 23 

21 ............. 100 .............. 19 

TABLE 5.—FEE PER MOTOR

VEHICLE—Continued 

Motor vehicles Average fee per 

motor vehicle 

From To ($) 

101 ........... 1,000 ........... 15 

1,001 ........ 106,771 ....... 8 

Mean for all carriers .......... 15 

Range ............................... 0.35–39.00 

Based on a careful evaluation and a 

point-by-point comparison of the 

Board’s process with the statutory 

requirements, and upon an independent 

analysis and consideration of the 

required statutory provisions, FMCSA 

proposes to adopt the Board’s 

recommended fees and fee structure. 

H. Fee Collection Process 

The Board provided FMCSA with 

information on the process it anticipates 

following to collect the revenues under 

the UCR Plan and Agreement. The 

Board indicated that the participating 

States (see Table 3 above) will send a 

mailing to all active interstate carriers 

residing in FMCSA’s Motor Carrier 

Management Information System 

(MCMIS) and to all brokers and freight 

forwarders found in FMCSA’s Licensing 

and Insurance database. In the mailing 

the Board will provide contact numbers 

for all participating States, 

informational Web sites, and the Board 

may also establish a national call center 

to answer questions and direct covered 

entities to the appropriate State officials. 

The application form in the mailing will 

direct the entity to pay an amount based 

on the number of Commercial Motor 

Vehicles listed in their MCMIS data. 

The application will also allow carriers 

to amend that data for UCR purposes. 

The mailing will also direct covered 

entities that are domiciled in a 

participating State to register in that 

State and to pay the required fee to their 

State of registration or ‘‘base’’ State. 

Entities located in non-participating 

jurisdictions will be directed to register 

in the participating State that has the 

highest percentage of their operations. 

Entities that operate only in nonparticipating jurisdictions will be 

directed to choose a participating State 

located in their FMCSA Service Center 

Region. Canadian and Mexican entities 

will also be directed to choose the 

participating State with the highest 

percentage of their operations or to 

choose a contiguous State such as 

Maine, New York or Michigan for a 

Canadian entity. Covered entities will 

be given a set timeframe in which to 

register and enforcement will not begin 

for at least 90 days after the beginning 


rwilkins on PROD1PC63 with PROPOSALS
29480 Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 

of registrations. The Board notes that 

this process is preliminary and final 

procedures will be worked out between 

the participating States and the UCR 

Board of Directors. 

V. Regulatory Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

FMCSA has concluded that this 

action is a significant regulatory action 

within the meaning of Executive Order 

12866 due to its subject matter. 

This rule is not significant based on 

the size of the fees to be collected under 

the UCR. The costs of the rule are 

required pursuant to an explicit 

Congressional mandate in SAFETEA–

LU. Because a majority of the fees under 

the proposed rule will replace fees 

currently being paid under the SSRS 

system, the total cost of the proposed 

rule will be substantially less than $100 

million per year. New entities paying 

fees under UCR that did not pay under 

SSRS are estimated to account for 

slightly less than half the fees, or about 

$50 million in new costs per year. The 

Agency has prepared a preliminary 

regulatory analysis analyzing the rule. A 

copy of the preliminary analysis 

document is included in the docket 

referenced at the beginning of this 

notice. 

Regulatory Flexibility Act and Small 

Business Regulatory Enforcement 

Fairness Act 

In compliance with the Regulatory 

Flexibility Act (RFA), as amended by 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA), (5 

U.S.C. 601–612), FMCSA has 

considered the effects of this proposed 

regulatory action on small entities. The 

fees being proposed in this rule would 

affect large numbers of small entities 

because the proposed rule sets fees for 

hundreds of thousands of carriers of all 

sizes, and small entities are defined to 

include all entities that are not 

dominant in their industries. In 

previous rulemakings, FMCSA 

identified for-hire carriers with fewer 

than 145 power units i.e., trucks or 

tractors) as small. FMCSA estimates that 

carrier size to be equivalent to about 300 

CMVs. Thus, all of the for-hire carriers 

in Brackets 1 through 4 would be 

considered small, as would many of 

those in Bracket 5. 

After careful consideration, however, 

FMCSA has determined that the 

recommended UCR fee will, in every 

case involving a viable small entity, be 

well below the threshold level of one 

percent of revenues used for 

determining significant impacts. This 

conclusion is based on the observation 

that the maximum fee per vehicle is 

$39, which is less than one percent of 

the annual salary of even a single 

employee working 40 hours per week 

for 50 weeks per year and earning the 

current Federal minimum wage of 

$5.15. Because an entity without 

sufficient revenues to pay even one 

employee per vehicle would not be 

viable, it is clear that the recommended 

UCR fees will not reach the threshold of 

one percent of revenues. Additionally, 

more than 50 percent of the fees 

collected under the new UCR system 

were already being paid by many of 

these entities under the SSRS system, 

meaning the UCR fees will simply serve 

as substitutes for the SSRS fees these 

firms were previously being assessed. 

Thus, FMCSA certifies that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

Unfunded Mandates Reform Act of 1995 

This rulemaking would not impose 

any unfunded Federal mandate, as 

defined by the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1532, et 

seq.) that will result in the expenditure 

by State, local, and tribal governments, 

in the aggregate, or by the private sector, 

of $120 million or more in any 1 year. 

Executive Order 12988 (Civil Justice 

Reform) 

This proposed rule meets applicable 

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

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

FMCSA has analyzed this proposed 

action under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. We have determined 

preliminarily that this rulemaking 

would not create an environmental risk 

to health or safety that would 

disproportionately affect children. 

Executive Order 12630 (Taking of 

Private Property) 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Executive Order 13132 (Federalism) 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13132. FMCSA has preliminarily 

determined that this rulemaking would 

not have a substantial direct effect on 

States, nor would it limit the policymaking discretion ofthe States. Nothing 

in this proposal would preempt any 

State law or regulation. As detailed 

above, the UCR Board of Directors 

includes substantial State 

representation. The States have already 

had notice of this action and 

opportunity for input through their 

representatives. FMCSA also requests 

comments on any substantial direct 

effect on the States as outlined in 

Executive Order 13132. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this program. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 US.C. 3507(d) requires that FMCSA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. We have 

determined that there are no current 

new information collection 

requirements by FMCSA associated 

with this proposed rule. 

National Environmental Policy Act 

The agency analyzed this final rule for 

the purpose of the National 

Environmental Policy Act of 1969 

(NEPA) (42 D.S.C. 4321 et seq.) and 

determined under our environmental 

procedures Order 5610.1, issued March 

1,2004 (69 FR 9680), that this action is 

categorically excluded (CE) under 

Appendix 2, paragraph 6.h of the Order 

from further environmental 

documentation. The CE under 

Appendix 2, paragraph 6.h relates to 

establishing regulations and actions 

taken pursuant to the regulations 

implementing procedures to collect fees 

that will be charged for motor carrier 

registrations and insurance. 

We have also analyzed this rule under 

the Clean Air Act, as amended (CAA), 

section 176(c) (42 D.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 

involves policy development. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules 29481 

Executive Order 13211 (Energy Effects) 

FMCSA has analyzed this proposed 

rule under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or VSE. We have 

determined preliminarily that it would 

not be a ‘‘significant energy action’’

under that Executive Order because it 

would not be likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects in 49 CFR Part 367 

Commercial motor vehicle, Financial 

responsibility, Motor carriers, Motor 

vehicle safety, Registration, Reporting 

and recordkeeping requirements. 

For the reasons discussed in the 

preamble, the Federal Motor Carrier 

Safety Administration proposes to 

amend 49 CFR part 367 as follows: 

PART 367—STANDARDS FOR 

REGISTRATION WITH STATES 

1. The authority citation for part 367 

is amended to read as follows: 

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

and 49 CFR 1.73. 

2. Add a new Subpart A heading 

preceding § 367.1 to read as follows: 

Subpart A—Single State Registration 

System 

3. Add a new Subpart B to read as 

follows: Subpart B—Fees Under the 

Unified Carrier Registration Plan and 

Agreement 

Subpart B—Fees Under the Unified 

Carrier Registration Plan and 

Agreement 

Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year 2007 

Bracket 

Number of commercial motor vehicles 

owned or operated by exempt or nonexempt motor carrier, motor private 

carrier, or freight forwarder 

Fee per company for 

exempt or non-exempt motor carrier, 

motor private carrier, or freight 

forwarder 

Fee per company for broker or leasing 

company 

B1 .......................... 0–2 ........................................................ $39 ........................................................ $39 

B2 .......................... 3–5 ........................................................ 116.

B3 .......................... 6–20 ...................................................... 231.

B4 .......................... 21–100 .................................................. 806.

B5 .......................... 101–1,000 ............................................. 3,840.

B6 .......................... 1,001 and above ................................... 37,500.

Issued on: May 23, 2007. 

John H. Hill, 

Administrator. 

[FR Doc. 07–2652 Filed 5–24–07; 10:37 am] 

BILLING CODE 4910–EX–M 


rwilkins on PROD1PC63 with PROPOSALS