42244 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Proposed Rules 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 2, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

[FR Doc. 2018–17930 Filed 8–20–18; 8:45 am] 

BILLING CODE 6560–50–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: Notice of proposed rulemaking. 

SUMMARY: FMCSA proposes reductions 

in the annual registration fees States 

collect 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 2019, 2020, and subsequent 

registration years. The proposed fees for 

the 2019 registration year would be 

reduced below the 2017 registration fee 

level that was in effect by approximately 

17.59 percent to ensure that fee 

revenues do not exceed the statutory 

maximum, and to account for the excess 

funds held in the depository. The 

proposed fees for the 2020 registration 

year would be reduced below the 2017 

level by approximately 9.5 percent. The 

reduction of the current 2019 

registration year fees (finalized on 

January 5, 2018) would range from 

approximately $10 to $9,530 per entity, 

depending on the number of vehicles 

owned or operated by the affected 

entities. The reduction in fees for 

subsequent registration years would 

range from approximately $4 to $3,565 

per entity. 

DATES: Comments on this notice of 

proposed rulemaking (NPRM) must be 

received on or before August 31, 2018. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2018–0068 using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

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

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gerald Folsom, Office of Registration 

and Safety Information, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 by telephone at 202–385– 

2405. If you have questions on viewing 

or submitting material to the docket, 

contact Docket Services, telephone 202– 

366–9826. 

SUPPLEMENTARY INFORMATION: This 

NPRM is organized as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Advance Notice of Proposed 

Rulemaking Not Required 

II. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

B. Benefits and Costs 

III. Abbreviations and Acronyms 

IV. Legal Basis for the Rulemaking 

V. Statutory Requirements for the UCR Fees 

A. Legislative History 

B. Fee Requirements 

VI. Background 

VII. Discussion of Proposed Rulemaking 

VIII. International Impacts 

IX. Section-by-Section Analysis 

X. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. E.O. 13771 (Reducing Regulation and 

Controlling Regulatory Costs) 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

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

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

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

K. Privacy 

L. E.O. 12372 (Intergovernmental Review) 

M. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

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

O. National Technology Transfer and 

Advancement Act (Technical Standards) 

P. Environment (NEPA, CAA, 

Environmental Justice) 

Q. E.O. 13783 (Promoting Energy 

Independence and Economic Growth) 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (Docket No. FMCSA–2018– 

0068), indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, put the 

docket number, FMCSA–2018–0068, in 

the keyword box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

proposed rule based on your comments. 

FMCSA may issue a final rule at any 

time after the close of the comment 

period. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is customarily not 

made available to the general public by 

the submitter. Under the Freedom of 

Information Act (5 U.S.C. 552), CBI is 

eligible for protection from public 

disclosure. If you have CBI that is 

relevant or responsive to this NPRM, it 


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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Proposed Rules 42245 

is important that you clearly designate 

the submitted comments as CBI. 

Accordingly, please mark each page of 

your submission as ‘‘confidential’’ or 

‘‘CBI.’’ Submissions designated as CBI 

and meeting the definition noted above 

will not be placed in the public docket 

of this NPRM. Submissions containing 

CBI should be sent to Brian Dahlin, 

Chief, Regulatory Analysis Division, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington DC 20590. Any 

commentary that FMCSA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

B. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov. Insert the 

docket number, FMCSA–2018–0068, in 

the keyword box, and click ‘‘Search.’’ 

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

C. Privacy Act 

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

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

D. Advance Notice of Proposed 

Rulemaking Not Required 

Under 49 U.S.C. 31136(g), added by 

section 5202 of the Fixing America’s 

Surface Transportation or FAST Act, 

Public Law 114–94, 129 Stat.1312, 1534 

(Dec. 4, 2015), FMCSA is required to 

publish an advance notice of proposed 

rulemaking (ANPRM) or conduct a 

negotiated rulemaking ‘‘if a proposed 

rule is likely to lead to the promulgation 

of a major rule.’’ 49 U.S.C. 31136(g)(1). 

As this proposed rule is not likely to 

result in the promulgation of a major 

rule, the Agency is not required to issue 

an ANPRM or to proceed with a 

negotiated rulemaking. 

II. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

The UCR Plan and the 41 States 

participating in the UCR Agreement 

establish and collect fees from motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies. The UCR Plan 

and Agreement are administered by a 

15-member board of directors; 14 

appointed from the participating States 

and the industry, plus the Deputy 

Administrator of FMCSA. Revenues 

collected are allocated to the 

participating States and the UCR Plan. 

In accordance with 49 U.S.C. 

14504a(f)(1)(E)(ii), fee adjustments must 

be requested by the UCR Plan when 

annual revenues exceed the maximum 

allowed. Also, if there are excess funds 

after payments to the States and for 

administrative costs, they are retained 

in the UCR Plan’s depository and 

subsequent fees must be reduced as 

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

These two distinct provisions are the 

reasons for the two-stage adjustment 

proposed in this rule. This NPRM 

proposes to reduce the annual 

registration fees established pursuant to 

the UCR Agreement for 2019, 2020, and 

subsequent years. 

Currently the UCR Plan estimates that 

by December 31, 2018, total revenues 

will exceed the statutory maximum for 

the 2017 registration year by 

approximately $9.17 million. Therefore, 

in January 2018, the UCR Plan made a 

formal recommendation that FMCSA 

adjust the fees in a two-stage process. 

The proposed fees for the 2019 

registration year, with collection 

beginning on or about October 1, 2018, 

the fees would be reduced below the 

2017 registration fee level that was in 

effect by approximately 17.59 percent to 

ensure that fee revenues do not exceed 

the statutory maximum, and to reduce 

the excess funds held in the depository. 

The proposed fees for the 2020 

registration year, with collection 

beginning on or about October 1, 2019, 

the fees would be reduced below the 

2017 level by approximately 9.5 percent 

to ensure the fee revenues in that and 

future years do not exceed the statutory 

maximum. The UCR Plan requested that 

the adjusted fees be adopted no later 

than August 31, 2018, to enable the 

participating States and the UCR Plan to 

reflect the new fees when collections for 

the 2019 registration year begin on or 

about October 1, 2018. The adoption of 

the adjusted fees must be accomplished 

by rulemaking by FMCSA under 

authority delegated from the Secretary 

of Transportation (Secretary). 

The UCR Plan’s formal 

recommendation requested that FMCSA 

publish a rule reducing the fees paid per 

motor carrier, motor private carrier of 

property, broker, freight forwarder, and 

leasing company based on an analysis of 

current collections and past trends. The 

UCR Plan’s recommendation reduces 

fees based on collections over the 

statutory cap in 2017, and also includes 

a reduction in the amount of the 

administrative cost allowance from 

$5,000,000 to $3,500,000 for the 2019 

and 2020 UCR Agreement registration 

years. The Board completed an analysis 

estimating the amount of administrative 

cost allowance needed for the 2019 and 

2020 registration period and has 

determined that an allowance of 

$3,500,000 will be needed each year for 

those registration years. The Agency 

reviewed the UCR Plan’s formal 

recommendation and concluded that the 

UCR Plan’s projection of the total 

revenues received for registration year 

2017 is acceptable. 

B. Benefits and Costs 

The changes proposed in this NPRM 

would reduce the fees paid by motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies to the UCR Plan 

and the participating States. While each 

motor carrier would 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. 

III. Abbreviations and Acronyms 

The following is a list of abbreviations 

and acronyms used in this document. 

ANPRM Advance Notice of Proposed 

Rulemaking 

CAA Clean Air Act 

CBI Confidential Business Information 

CE Categorical Exclusion 

E.O. Executive Order 

FMCSA Federal Motor Carrier Safety 

Administration 

OMB Office of Management and Budget 

RFA Regulatory Flexibility Act 

Secretary Secretary of Transportation 

SBREFA Small Business Regulatory 

Enforcement Fairness Act 

SSRS Single State Registration System 

UCR Unified Carrier Registration 

UCR Agreement Unified Carrier 

Registration Agreement 

UCR Plan Unified Carrier Registration Plan 


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42246 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Proposed Rules 

IV. Legal Basis for the Rulemaking 

This rule proposes to adjust the 

annual registration fees required by the 

UCR Agreement established by 49 

U.S.C. 14504a. The requested fee 

adjustments are required by 49 U.S.C. 

14504a because, for registration year 

2017, the total revenues collected are 

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. 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 Plan to request an adjustment by 

the Secretary when the annual revenues 

exceed the maximum allowed. In 

addition, 49 U.S.C. 14504a(h)(4) states 

that any excess funds held by the UCR 

Plan in its depository, after payments to 

the States and for administrative costs, 

shall be retained ‘‘and the fees charged 

. . . shall be reduced by the Secretary 

accordingly.’’ 

The UCR Plan is also requesting 

approval of a revised total revenue to be 

collected because of a reduction in the 

amount for costs of administering the 

UCR Agreement. No changes in the 

revenue allocations to the participating 

States have been recommended by the 

UCR Plan. The revised total revenue 

must be approved in accordance with 49 

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

The Secretary also has broad 

rulemaking authority in 49 U.S.C. 

13301(a) to carry out 49 U.S.C. 14504a, 

which is part of 49 U.S.C. subtitle IV, 

part B. Authority to administer these 

statutory provisions has been delegated 

to the FMCSA Administrator by 49 CFR 

1.87(a)(2) and (7). 

V. Statutory Requirements for the UCR 

Fees 

A. Legislative History 

The statute states that the ‘‘Unified 

Carrier Registration Plan . . . mean[s] 

the organization . . . responsible for 

developing, implementing, and 

administering the unified carrier 

registration agreement.’’ (49 U.S.C. 

14504a(a)(9)) (UCR Plan). The UCR 

Agreement developed by the UCR Plan 

is the ‘‘interstate agreement . . . 

governing the collection and 

distribution of registration and financial 

responsibility information provided and 

fees paid by motor carriers, motor 

private carriers, brokers, freight 

forwarders, and leasing companies 

. . .’’ (49 U.S.C. 14504a(a)(8)). 

The legislative history of the statute 

indicates that the purpose of the UCR 

Plan and Agreement is both to replace 

the Single State Registration System 

(SSRS) for registration of interstate 

motor carrier entities with the States 

and to ‘‘ensure that States don’t lose 

current revenues derived from SSRS’’ 

(S. Rep. 109–120, at 2 (2005)). The 

statute provides for a 15-member board 

of directors for the UCR Plan to be 

appointed by the Secretary. The statute 

specifies that the board of directors 

should consist of one individual from 

DOT (either the FMCSA Deputy 

Administrator or another Presidential 

appointee); 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 (who are nominated by the 

National Conference of State 

Transportation Specialists); and five 

directors from the motor carrier industry 

(at least one must be from a national 

trade association representing the 

general motor carrier of property 

industry and one from a motor carrier 

that falls within the smallest fleet fee 

bracket). 

The UCR Plan and the participating 

States are authorized by 49 U.S.C. 

14504a(f) to establish and collect fees 

from motor carriers, motor private 

carriers of property, brokers, freight 

forwarders, and leasing companies. The 

current annual fees charged for 

registration year 2018 are set out in 49 

CFR 367.40 and for registration years 

2019 and thereafter in § 367.50. These 

fees were adopted by FMCSA in January 

2018 after a rulemaking proceeding. See 

Fees for the Unified Carrier Registration 

Plan and Agreement, 83 FR 605 (Jan. 5, 

2018). 

For carriers and freight forwarders, 

the fees vary according to the size of the 

vehicle fleets, as required by 49 U.S.C. 

14504a(f). The fees collected are 

allocated to the States and the UCR Plan 

in accordance with 49 U.S.C. 14504a(h). 

B. Fee Requirements 

The statute specifies that the fees set 

by the Agency are to be based on the 

recommendation of the UCR Plan (49 

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

recommending the level of fees to be 

charged in any registration year, and in 

setting the fee level, both the UCR Plan 

and the Agency shall consider the 

following factors: 

• Administrative costs associated 

with the UCR Plan and Agreement; 

• Whether the revenues generated in 

the previous year and any surplus or 

shortage from that or prior years enable 

the participating States to achieve the 

revenue levels set by the UCR Plan; and 

• Provisions governing fees in 49 

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

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

may be adjusted within a reasonable 

range on an annual basis if the revenues 

derived from the fees are either 

insufficient to provide the participating 

States with the revenues they are 

entitled to receive or exceed those 

revenues (49 U.S.C. 14504a(f)(1)(E)). 

Overall, the fees charged 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 

Agreement. That section provides that a 

participating State, which participated 

in SSRS in the registration year prior to 

the enactment of the Unified Carrier 

Registration Act of 2005, is entitled to 

receive revenues under the UCR 

Agreement equivalent to the revenues it 

received in the year before that 

enactment. Participating States that also 

collected intrastate registration fees 

from interstate motor carrier entities 

(whether they participated in SSRS or 

not) 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. The section also provides 

that States that did not participate in 

SSRS, but which choose to participate 

in the UCR Plan, may receive revenues 

not to exceed $500,000 per registration 

year. 

FMCSA’s interpretation of its 

responsibilities under 49 U.S.C. 14504a 

in setting fees for the UCR Plan and 

Agreement is guided by the primacy the 

statute places on the need both to set 

and to adjust the fees to ensure 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’’ to the 

provision of sufficient revenues to meet 

the entitlements of the participating 

States (49 U.S.C. 14504a(f)(1)(E)). See 

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

Section 14504a(h)(4) gives additional 

support for this interpretation. This 

provision explicitly requires FMCSA to 

reduce the fees charged in the 

registration year following any year in 

which the depository retains any funds 

in excess of the amount necessary to 

satisfy the revenue entitlements of the 

participating States and the UCR Plan’s 

administrative costs. 

VI. Background 

On December 14, 2017, the board of 

directors voted unanimously to submit 


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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Proposed Rules 42247 

1The January 11, 2018 recommendation from the 

UCR Plan and all related tables are available in the 

docket. 

2Collections 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. 

a recommendation to the Secretary to 

reduce the fees collected by the UCR 

Plan for registration years 2019 and 

thereafter. The recommendation was 

submitted to the Secretary on January 

11, 2018.1 The requested fee 

adjustments are required by 49 U.S.C. 

14504a because, for registration year 

2017, the total revenues collected are 

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), 

are 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 

estimates that by the end of 2018, total 

revenues will exceed the statutory 

maximum by $9.17 million, or 

approximately 8.13 percent. The excess 

revenues collected will 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 2

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 (Jan. 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 to be collected, in addition to 

the revenue allocations for the 

participating States. The total revenue 

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 includes a 

reduction in the amount of the 

administrative cost allowance 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 cost allowances needed 

to operate the UCR Plan and Agreement. 

No changes in the State revenue 

entitlements are 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 recommends total revenue to 

be collected of $111,277,060 (rounded 

to the nearest dollar). FMCSA proposes 

to approve this recommendation for the 

total revenue to be collected by the UCR 

Plan, as shown in the following table. 

STATE UCR REVENUE ENTITLEMENTS AND FINAL 2019 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 

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 


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42248 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Proposed Rules 

STATE UCR REVENUE ENTITLEMENTS AND FINAL 2019 REVENUE TARGET—Continued 

State Total 2019 UCR 

revenue entitlements 

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 Expenses ....................................................................................................................................... 3,500,000.00 

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

VII. Discussion of Proposed 

Rulemaking 

FMCSA has reviewed the formal 

recommendation from the UCR Plan and 

proposes to approve it, including the 

reduction in the allowance for 

administrative costs necessary to 

continue administering the UCR 

Agreement and the UCR Plan. Overall, 

the UCR Plan and the Agency agree on 

the reduction of the current fees for 

2019 and subsequent registration years, 

and that there would be no change in 

the State UCR revenue entitlements. 

VIII. 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)). 

IX. Section-by-Section Analysis 

In this NPRM, FMCSA proposes that 

the provisions of 49 CFR 367.50 (which 

were just adopted in the January 5, 2018 

final rule) would be revised to establish 

new reduced fees applicable only to 

registration year 2019. A new 49 CFR 

367.60 would establish the proposed 

fees for registration year 2020, which 

would remain in effect for subsequent 

registration years unless revised in the 

future. 

X. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

FMCSA performed an analysis of the 

impacts of the proposed rule and 

determined it is not a significant 

regulatory action under section 3(f) of 

E.O. 12866, Regulatory Planning and 

Review (58 FR 51735, October 4, 1993), 

as supplemented by E.O. 13563, 

Improving Regulation and Regulatory 

Review (76 FR 3821, January 21, 2011). 

Accordingly, OMB has not reviewed it 

under those Orders. 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 proposed by this rule 

would reduce 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. While each 

motor carrier would realize a reduced 

burden, fees are considered by OMB 

Circular A–4, Regulatory Analysis, as 

transfer payments, not costs. Transfer 

payments are payments from one group 

to another that do not affect total 

resources available to society. By 

definition, transfers are not considered 

in the monetization of societal costs and 

benefits of rulemakings. 

This rule would establish 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 would remain unchanged, 

the participating States would not be 

impacted by this rule. The primary 

impact of this rule would be a reduction 

in fees paid by individual motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies. The reduction of 

the current 2019 registration year fees 

(finalized on January 5, 2018) would 

range from approximately $10 to $9,530 

per entity, depending on the number of 

vehicles owned or operated by the 

affected entities. The reduction in fees 

for subsequent registration years would 

range from approximately $4 to $3,565 

per entity. 

B. E.O. 13771 Reducing Regulation and 

Controlling Regulatory Costs 

E.O. 13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ does not 

apply to this action because it is 

nonsignificant and has zero costs; 

therefore, it is not subject to the ‘‘2 for 

1’’ and budgeting requirements. 

This rulemaking is not a significant 

regulatory action as defined in section 

3(f) of E.O. 12866. 

C. Regulatory Flexibility Act (Small 

Entities) 

The Regulatory Flexibility Act (RFA) 

of 1980 (5 U.S.C. 601 et seq.), as 

amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA) (Pub. L. 104–121, 110 

Stat. 857), requires Federal agencies to 

consider the effects of the regulatory 

action on small business and other 

small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000 (5 U.S.C. 

601(6)). Accordingly, DOT policy 

requires an analysis of the impact of all 

regulations on small entities, and 

mandates that agencies strive to lessen 

any adverse effects on these businesses. 

Section 605 of the RFA allows an 

agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have a significant 

economic impact on a substantial 

number of small entities. 

This proposed rule would 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 


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3U.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 Apr. 27, 2017). 

4U.S. Small Business Administration. ‘‘Table of 

Small Business Size Standards Matched to North 

American Industry Classification System Codes.’’ 

Published February 26,2016. Available at: https://

www.sba.gov/sites/default/files/files/Size_

Standards_Table.pdf. 

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 or 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’s 

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 3 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 Small Business 

Administration’s 4 revenue thresholds of 

$27.5 million and $15 million, 

respectively, to be defined as a small 

entity. Therefore, FMCSA has 

determined that this rule will impact a 

substantial number of small entities. 

However, FMCSA has determined 

that this rule would not have a 

significant impact on the affected 

entities. The effect of this rule would be 

to reduce the annual registration fee 

motor carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies are currently 

required to pay. The reduction will 

range from approximately $10 to $9,530 

per entity, in the first year, and from 

approximately $4 to $3,565 per entity in 

subsequent years, depending on the 

number of vehicles owned and/or 

operated by the affected entities. 

Accordingly, I 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 

proposed rule so that they can better 

evaluate its effects on themselves and 

participate in the rulemaking initiative. 

If the proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance; please consult 

the FMCSA point of contact, Gerald 

Folsom, listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business Administration’s 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$156 million (which is the value 

equivalent of $100,000,000 in 1995, 

adjusted for inflation to 2015 levels) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, the Agency does 

discuss the effects of this rule elsewhere 

in this preamble. 

F. Paperwork Reduction Act 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

G. E.O. 13132 (Federalism) 

A rule has implications for federalism 

under section 1(a) of 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 

determined that this proposal would not 

have substantial direct costs on or for 

States, nor would it limit the 

policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. Therefore, this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Impact Statement. 

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

This proposed rule meets applicable 

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

E.O. 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

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

E.O. 13045, Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997), requires agencies issuing 

‘‘economically significant’’ rules, if the 

regulation also concerns an 

environmental health or safety risk that 

an agency has reason to believe may 

disproportionately affect children, to 

include an evaluation of the regulation’s 

environmental health and safety effects 

on children. The Agency determined 

this proposed rule is not economically 

significant. Therefore, no analysis of the 

impacts on children is required. In any 

event, the Agency does not anticipate 

that this regulatory action could in any 

respect present an environmental or 

safety risk that could disproportionately 

affect children. 

J. E.O. 12630 (Taking of Private 

Property) 

FMCSA reviewed this proposed rule 

in accordance with E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights, and has determined it will not 

effect a taking of private property or 

otherwise have taking implications. 

K. Privacy 

The Consolidated Appropriations Act, 

2005, (Pub. L. 108–447, 118 Stat. 2809, 

3268, 5 U.S.C. 552a note) requires the 

Agency to conduct a privacy impact 

assessment of a regulation that will 

affect the privacy of individuals. This 

rule does not require the collection of 

personally identifiable information. 

The Privacy Act (5 U.S.C. 552a) 

applies only to Federal agencies and any 

non-Federal agency that receives 

records contained in a system of records 

from a Federal agency for use in a 

matching program. 


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The E-Government Act of 2002, Pub. 

L. 107–347, 208, 116 Stat. 2899, 2921 

(Dec. 17, 2002), requires Federal 

agencies to conduct a privacy impact 

assessment for new or substantially 

changed technology that collects, 

maintains, or disseminates information 

in an identifiable form. No new or 

substantially changed technology would 

collect, maintain, or disseminate 

information as a result of this rule. 

Accordingly, FMCSA has not conducted 

a privacy impact assessment. 

L. E.O. 12372 (Intergovernmental 

Review) 

The regulations implementing E.O. 

12372 regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this program. 

M. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

FMCSA has analyzed this proposed 

rule under E.O. 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Agency has 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Therefore, it does not require a 

Statement of Energy Effects under E.O. 

13211. 

N. E.O. 13175 (Indian Tribal 

Governments) 

This proposed rule does not have 

tribal implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

O. National Technology Transfer and 

Advancement Act (Technical 

Standards) 

The National Technology Transfer 

and Advancement Act (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. Environment (NEPA, CAA, 

Environmental Justice) 

FMCSA analyzed this NPRM for the 

purpose of the National Environmental 

Policy Act of 1969 (NEPA) (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 regulation 

implementing procedures to collect fees 

that will be charged for motor carrier 

registrations. The proposed 

requirements in this rule are covered by 

this CE and the NPRM does not have 

any effect on the quality of the 

environment. The CE determination is 

available in the docket. 

FMCSA also analyzed this rule under 

section 176(c) of the Clean Air Act, as 

amended (CAA) (42 U.S.C. 7406(c)), and 

implementing regulations promulgated 

by the Environmental Protection 

Agency. Approval of this action is 

exempt from the CAA’s general 

conformity requirement because it does 

not affect direct or indirect emissions of 

criteria pollutants. 

Under E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations, each Federal agency must 

identify and address, as appropriate, 

‘‘disproportionately high and adverse 

human health or environmental effects 

of its programs, policies, and activities 

on minority populations and lowincome populations’’ in the United 

States, its possessions, and territories. 

FMCSA evaluated the environmental 

justice effects of this proposed rule in 

accordance with the E.O., and has 

determined that no environmental 

justice issue is associated with this 

proposed rule, nor is there any 

collective environmental impact that 

would result from its promulgation. 

Q. E.O. 13783 (Promoting Energy 

Independence and Economic Growth) 

E.O. 13783 directs executive 

departments and agencies to review 

existing regulations that potentially 

burden the development or use of 

domestically produced energy 

resources, and to appropriately suspend, 

revise, or rescind those that unduly 

burden the development of domestic 

energy resources. In accordance with 

E.O. 13783, DOT prepared and 

submitted a report to the Director of 

OMB that provides specific 

recommendations that, to the extent 

permitted by law, could alleviate or 

eliminate aspects of agency action that 

burden domestic energy production. 

This proposed rule has not been 

identified by DOT under E.O. 13783 as 

potentially alleviating unnecessary 

burdens on domestic energy production. 

List of Subjects in 49 CFR Part 367 

Insurance, Intergovernmental 

relations, Motor carriers, Surety bonds. 

In consideration of the foregoing, 

FMCSA proposes to amend 49 CFR 

chapter III, part 367 to read as follows: 

PART 367—STANDARDS FOR 

REGISTRATION WITH STATES 

■ 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. 

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 .......................................................................................................... $63 $63 

B2 ....................... 3–5 .......................................................................................................... 187 ........................................

B3 ....................... 6–20 ........................................................................................................ 372 ........................................


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FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION YEAR 2019—Continued 

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 

B4 ....................... 21–100 .................................................................................................... 1,299 ........................................

B5 ....................... 101–1,000 ............................................................................................... 6,190 ........................................

B6 ....................... 1,001 and above ..................................................................................... 60,441 ........................................

■ 3. Add new § 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. 

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 .......................................................................................................... $69 $69 

B2 ....................... 3–5 .......................................................................................................... 206 ........................................

B3 ....................... 6–20 ........................................................................................................ 409 ........................................

B4 ....................... 21–100 .................................................................................................... 1,427 ........................................

B5 ....................... 101–1,000 ............................................................................................... 6,800 ........................................

B6 ....................... 1,001 and above ..................................................................................... 66,406 ........................................

Issued under authority delegated in 49 CFR 

1.87 on: August 15, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–17976 Filed 8–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 


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