Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Proposed Rules 1053 

Child Labor—Cooperation With 

Authorities and Remedies (Date) 

* * * * * 

■ 34. Amend section 52.222–54 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (b)(5)(i) 

‘‘suspension or debarment’’ and adding 

‘‘suspending and debarring’’ in its place; 

and 

■ c. Revising paragraph (b)(5)(ii). 

The revisions read as follows: 

52.222–54 Employment Eligibility 

Verification. 

* * * * * 

Employment Eligibility Verification 

(Date) 

* * * * * 

(b) * * * 

(5) * * * 

(ii) During the period between 

termination of the MOU and a decision 

by the suspending and debarring official 

whether to suspend or debar, the 

Contractor is excused from its 

obligations under paragraph (b) of this 

clause. If the suspending and debarring 

official determines not to suspend, 

debar, or voluntarily exclude the 

Contractor, then the Contractor must 

reenroll in E-Verify. 

* * * * * 

[FR Doc. 2024–00172 Filed 1–8–24; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 367 

[Docket No. FMCSA–2023–0268 RIN 2126– 

AC67] 

Fees for the Unified Carrier 

Registration Plan and Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FMCSA proposes 

amendments to its regulations governing 

the annual registration fees that 

participating 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 2025 registration year 

and subsequent registration years. The 

fees for the 2025 registration year would 

be increased above the fees for the 2024 

registration year by an average of 25.0 

percent overall, with varying increases 

between $9 and $9,000 per entity, 

depending on the applicable fee bracket. 

The proposal is based upon a 

recommendation from the UCR Plan. 

DATES: Comments must be received on 

or before February 8, 2024. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2023–0268 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0268/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

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

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kenneth Riddle, Director, Office of 

Registration and Safety Information, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, 

FMCSAMCRS@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: FMCSA 

organizes this NPRM as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments And Documents 

C. Privacy 

II. Executive Summary 

A. Purpose and Summary of the Regulatory 

Action 

B. Costs and Benefits 

III. Abbreviations 

IV. Legal Basis 

V. Background 

VI. Discussion of Proposed Rulemaking 

VII. Severability 

VIII. Section-by-Section Analysis 

IX. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), E.O. 14094 

(Modernizing Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. Privacy 

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

J. National Environmental Policy Act of 

1969 

K. Rulemaking Summary 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (FMCSA–2023–0268), indicate 

the specific section of this document to 

which your 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 FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0268/document, click on 

this NPRM, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

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. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the NPRM contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the 

NPRM, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

NPRM. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Evaluation Division, 

Office of Policy, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001 or via email at 

brian.g.dahlin@dot.gov. At this time, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
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1The UCR Plan Board’s recommendation 

(September 2023 Fee Recommendation) was issued 

on September 27, 2023, and is available in the 

docket for this rulemaking. 

you need not send a duplicate hardcopy 

of your electronic CBI submissions to 

FMCSA headquarters. Any comments 

FMCSA receives not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0268/document and 

choose the document to review. To view 

comments, click this NPRM, then click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

C. Privacy 

DOT solicits comments from the 

public to better inform its regulatory 

process, in accordance with 5 U.S.C. 

553(c). DOT posts these comments, 

including any personal information the 

commenter provides, to 

www.regulations.gov. This process is 

described in the system of records 

notice (DOT/ALL 14—Federal Docket 

Management System (FDMS)), which 

can be reviewed at https://

www.transportation.gov/individuals/ 

privacy/privacy-act-system-recordsnotices. The comments are posted 

without edit and are searchable by the 

name of the submitter. 

II. Executive Summary 

A. Purpose and Summary of the 

Regulatory Action 

Under 49 U.S.C. 14504a, the UCR 

Plan and the 41 States participating in 

the UCR Agreement collect fees from 

motor carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies. The UCR Plan 

and Agreement are administered by a 

15-member board of directors (UCR Plan 

Board), which is comprised of 14 

members appointed from the 

participating States and the industry, 

and the Deputy Administrator of 

FMCSA, who is a statutory member. 

Revenues collected are allocated to the 

participating States and the UCR Plan. 

In accordance with 49 U.S.C. 

14504a(d)(7) and (f)(1)(E)(ii), the UCR 

Plan provides fee adjustment 

recommendations to the Secretary when 

revenue collections result in a shortfall 

or surplus from the amount authorized 

by statute. If the required payments to 

the States and the cost of administering 

the UCR Plan exceed the amount in the 

depository, the UCR Plan must collect 

additional fees in subsequent years to 

cover the shortfall. If there are excess 

funds after payments to the States and 

for administrative costs, they are 

retained in the UCR Plan’s depository, 

and fees in subsequent fee years must be 

reduced as required by 49 U.S.C. 

14504a(h)(4). These two distinct 

statutory provisions are recognized in 

the fee adjustment recommended by the 

UCR Plan and proposed in this NPRM, 

to increase by an average of 25.0 percent 

the annual registration fees established 

pursuant to the UCR Agreement for the 

2025 registration year and subsequent 

years.1

B. Costs and Benefits 

The changes proposed in this NPRM 

would increase 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 or other covered entity 

might realize an increased 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. The details of 

the amount of increase to the annual 

UCR fee for each fee bracket, are 

included in the discussion below in 

Section VI. 

III. Abbreviations 

CBI Confidential Business Information 

CFR Code of Federal Regulations 

CMV Commercial Motor Vehicle 

DOT Department of Transportation 

E.O. Executive Order 

FMCSA Federal Motor Carrier Safety 

Administration 

FR Federal Register 

NAICS North American Industry 

Classification System 

NPRM Notice of Proposed Rulemaking 

OMB Office of Management and Budget 

PIA Privacy Impact Assessment 

PTA Privacy Threshold Assessment 

RFA Regulatory Flexibility Act 

SBA Small Business Administration 

SBREFA Small Business Regulatory 

Enforcement Fairness Act of 1996 

Secretary Secretary of Transportation 

UCR Unified Carrier Registration 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

IV. Legal Basis 

This rulemaking would adjust the 

annual UCR registration fees, as 

authorized by 49 U.S.C. 14504a. Section 

14504a provides that the revenues 

collected from the fees should not 

exceed the maximum annual revenue 

entitlements distributed to the 41 

participating States plus the amount 

established for administrative costs 

associated with the UCR Plan and 

Agreement. In accordance with 49 

U.S.C. 14504a(f)(1)(E)(i), the statute 

provides for the UCR Plan to request an 

adjustment by the Secretary of 

Transportation (the Secretary) when the 

annual revenues are insufficient to 

provide the revenues to which the 

participating States are entitled. 

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

states that any excess funds from 

previous registration years held by the 

UCR Plan in its depository, after 

distribution to the States and for 

payment of administrative costs, shall 

be retained and the fees charged shall be 

reduced by the Secretary accordingly 

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

The UCR Plan must also obtain DOT 

approval to revise the total revenue to 

be collected, in accordance with 49 

U.S.C. 14504a(d)(7). However, no 

changes in the revenue allocations to 

the participating States were 

recommended by the UCR Plan or 

would be authorized by this rulemaking. 

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. Background 

This NPRM follows UCR adjustments 

for prior two registration years that, 

collectively, reduced fees by an 

aggregate average of 37.3 percent. First, 

the 2022 final rule (Fees for the Unified 

Carrier Registration Plan and 

Agreement, Sept. 1, 2022 (87 FR 

53680)), as corrected on September 8, 

2022 (87 FR 54902) reduced the fees for 

2023 by an average of 31.2 percent from 

the fees for 2022. The following year, 

the 2023 final rule (Fees for the Unified 

Carrier Registration Plan and 

Agreement, June 22, 2023 (88 FR 

40719)) reduced the fees for 2024 by an 

additional average of 8.9 percent from 

the fees for 2023. Both fee adjustment 

recommendations submitted by the UCR 

Plan, and particularly the 2023 


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Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Proposed Rules 1055 

2The 2024 Fees for the Unified Carrier 

Registration Plan and Agreement final rule was 

published on June 2023 (88 FR 40719). 

3As explained on page 3 of the 2025 Fee Change 

Proposal submitted by the UCR Plan, this change 

in its Fee Recommendation Policy was adopted by 

the board of directors of the Plan at its meeting of 

July 27, 2023. See also 27Jul23 Board Minutes.pdf 

(prod-public-ucr-docs-boardminutes.s3.amazonaws.com). 

recommendation (for 2024 registration 

year fees), explicitly anticipated a need 

to increase fees in, or around, the 2025 

fee registration year because the funds 

from excess collections that required the 

2 years of fee reductions, would be 

largely utilized. This need for 

registration fee adjustments is 

unavoidable due to both the statutory 

requirements for the UCR Plan and 

Agreement (as discussed above) and the 

fluctuations in the number of entities 

registering with the Plan. 

The fee levels, actual and proposed, 

for the registration years 2019 to 2025 

are shown in the following table: 

TABLE 1—UCR PLAN FEES—2019–2025 

Bracket Number of CMVs 2019 2020–2022 2023 2024 2025 

1 ............................................................................... * 0–2 $68 $59 $41 $37 $46 

2 ............................................................................... 3–5 204 176 121 111 138 

3 ............................................................................... 6–20 407 351 242 221 276 

4 ............................................................................... 21–100 1,420 1,224 844 769 963 

5 ............................................................................... 101–1000 6,766 5,835 4,024 3,670 4,592 

6 ............................................................................... 1001+ 66,072 56,977 39,289 35,836 44,836 

* Also applies to brokers and leasing companies. 

The proposed fees for 2025 are still 

less than the fees that were in effect in 

registration years 2019–2022. 

On September 27, 2023, the UCR Plan 

recommended to the Secretary that 

FMCSA increase the fees for the 2025 

registration year no later than 

September 1, 2024, to allow collections 

to begin on October 1, 2024. As noted 

above, the recommendation and 

supporting documents are available in 

the docket for this rulemaking. In 

addition to the fee recommendation 

information from the UCR Plan, the 

submission also included an 

explanation of the basis for the 

recommendation and the procedures the 

UCR Plan followed in its development. 

This fee recommendation also included 

an explanation of the methodology used 

when calculating the fee, to facilitate 

public comment and allow replication 

of the analysis in the UCR Plan’s 

recommendation. 

VI. Discussion of Proposed Rulemaking 

This NPRM proposes to increase fees 

by an average of 25.0 percent for the 

2025 registration year, compared to the 

fees for 2024. The proposed increase for 

each fee bracket is shown in the 

following table: 

TABLE 2—UCR PLAN FEES PROPOSED INCREASE FROM 2024 TO 2025 

Bracket Number of CMVs 2024 2025 Difference 

1 ................................................................................................................. * 0–2 $37 $46 $9 

2 ................................................................................................................. 3–5 111 138 27 

3 ................................................................................................................. 6–20 221 276 55 

4 ................................................................................................................. 21–100 769 963 194 

5 ................................................................................................................. 101–1000 3,670 4,592 922 

6 ................................................................................................................. 1001+ 35,836 44,836 9,000 

* Also applies to brokers and leasing companies. 

This upward fee adjustment, which 

follows significant fee reductions, had 

been anticipated and was discussed in 

the previous rulemaking addressing fee 

adjustments for the 2024 registration 

year.2

The UCR Plan modified its 

methodology for developing the 

recommendation from its most recent 

recommendations,3 as the previous 

methodology using average collections 

was determined by the UCR Plan to 

result in an over-collection of fees. The 

UCR Plan’s recommendation now uses 

the minimum of the historical monthly 

collections for the same time periods in 

each of the prior 3-year periods to 

determine projected collections, which 

the UCR Plan believes will yield a more 

accurate result. This change in the 

methodology is explained more fully in 

the UCR Plan’s recommendation, which 

is available in the docket for this 

rulemaking. 

VII. Severability 

The revised and new sections are not 

severable. This is so because if the 

increased fees for 2025 are set aside, 

then the existing fee levels must remain 

in effect to provide funds towards 

participating States receiving their 

revenue entitlements during 2025. 

While the 2024 fees would not be 

sufficient to fully cover the 2025 State 

entitlements and administrative costs, 

that revenue would be necessary to 

provide at least some portion of the 

entitlements due to participating States. 

VIII. Section-by-Section Analysis 

FMCSA proposes to revise 49 CFR 

367.40 (which was adopted in the 2023 

final rule) so that the fees apply to 

registration year 2024 only. A new 

§ 367.50 proposes to establish new 

increased fees applicable beginning in 

registration year 2025, based on the 

recommendation submitted by the UCR 

Plan in its September 2023 Fee 

Recommendation. The fees in proposed 

new § 367.50 would remain in effect for 

subsequent registration years after 2025 

unless revised by a future rulemaking. 

FMCSA also proposes to remove 49 

CFR 367.20, which set the fees for 2020, 

2021 and 2022, as those fee amounts 

will not be necessary. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
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4A major rule means any rule that OMB finds has 

resulted in or is likely to result in (a) an annual 

effect on the economy of $100 million or more; (b) 

a major increase in costs or prices for consumers, 

individual industries, geographic regions, Federal, 

State, or local government agencies; or (c) 

significant adverse effects on competition, 

employment, investment, productivity, innovation, 

or on the ability of United States-based enterprises 

to compete with foreign-based enterprises in 

domestic and export markets (5 U.S.C. 802(4)). 

5Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

6U.S. Census Bureau. 2017 Economic Census. 

Table EC1700SIZEEMPFIRM—Selected Sectors: 

Employment Size of Firms for the U.S.: 2017. 

Available at: https://www.census.gov/data/tables/ 

2017/econ/economic-census/naics-sector-48- 

49.html (accessed Dec. 5, 2023). 

7U.S. Census Bureau. 2012 Economic Census. 

Table EC1248SSSZ4—Transportation and 

Warehousing: Subject Series—Estab & Firm Size: 

Summary Statistics by Revenue Size of Firms for 

the U.S.: 2012 Available at: https://

www.census.gov/data/tables/2012/econ/census/ 

transportation-warehousing.html (accessed Dec. 5, 

2023). 

IX. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), E.O. 14094 

(Modernizing Regulatory Review), and 

DOT Regulatory Policies and Procedures 

FMCSA has considered the impact of 

this NPRM under E.O. 12866 (58 FR 

51735, Oct. 4, 1993), Regulatory 

Planning and Review, E.O. 13563 (76 FR 

3821, Jan. 21, 2011), Improving 

Regulation and Regulatory Review, E.O. 

14094 (88 FR 29179, Apr. 11, 2023) 

Modernizing Regulatory Review, and 

DOT’s regulatory policies and 

procedures. The Office of Information 

and Regulatory Affairs, as stated in 

section 3(f) of E.O. 12866, as 

supplemented by E.O. 13563 and 

amended by E.O. 14094, does not 

require an assessment of potential costs 

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

order. Accordingly, OMB has not 

reviewed it under that E.O. 

The changes proposed by this rule 

would increase 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 or other entity would 

incur an increased 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. The details of 

the amount of increase to the annual 

UCR fee for each fee bracket, are 

included in the discussion above in 

Section VI. 

This rulemaking would establish 

increases 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 an 

increase in fees paid by individual 

motor carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies. The increase in 

fees for the 2025 registration year from 

the 2024 registration year fees (approved 

on June 22, 2023 (88 FR 40179)) would 

be an average of 25.0 percent, ranging 

from $9 to $9,000 per entity, depending 

on the number of vehicles owned or 

operated by the affected entities. 

B. Congressional Review Act 

This rule is not a major rule as 

defined under the Congressional Review 

Act (5 U.S.C. 801–808).4

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

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

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA),5 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. 

This rulemaking 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 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 

(SBA’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 and 2017 Economic Census data 

for two different North American 

Industry Classification System (NAICS) 

industries: Truck Transportation 

(subsector 484) and Transit and Ground 

Transportation (subsector 485). 

As shown in the table below, the SBA 

size standards for the national 

industries under the Truck 

Transportation and Transit and Ground 

Transportation subsectors range from 

$19.0 million to $43.0 million in 

revenue per year. To determine the 

percentage of firms that have revenue at 

or below SBA’s thresholds within each 

of the NAICS national industries, 

FMCSA examined data from the 2017 

Economic Census.6 In instances where 

2017 data were suppressed, the Agency 

imputed 2017 levels using data from the 

2012 Economic Census.7 Boundaries for 

the revenue categories used in the 

economic Census do not exactly 

coincide with the SBA thresholds. 

Instead, the SBA threshold generally 

falls between two different revenue 

categories. However, FMCSA was able 

to make reasonable estimates as to the 

percentage of small entities within each 

NAICS code. 

The percentages of small entities with 

annual revenue less than the SBA’s 

threshold ranged from 96.3 percent to 

100 percent. Specifically, approximately 

96.3 percent of Specialized Freight 

(except Used Goods) Trucking, Long 

Distance (484230) firms had annual 

revenue less than the SBA’s revenue 

threshold of $34.0 million and would be 

considered small entities. FMCSA 

estimates 100 percent of firms in the 

Mixed Mode Transit Systems (485111) 

national industry had annual revenue 

less than $29.0 million and would be 

considered small entities. The table 

below shows the complete estimates of 

the number of small entities within the 

national industries that may be affected 

by this rule. 


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8Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

TABLE 3—ESTIMATES OF NUMBER OF SMALL ENTITIES

NAICS code Description 

SBA size 

standard 

in millions 

Total 

number 

of firms 

Number 

of small 

entities 

Percent 

of all 

firms 

484110 ..................... General Freight Trucking, Local ................................................ $34.0 22,066 21,950 99.5 

484121 ..................... General Freight Trucking, Long Distance, Truckload ............... 34.0 23,557 23,045 97.8 

484122 ..................... General Freight Trucking, Long Distance, Less Than Truckload.43.0 3,138 3,050 97.2 

484210 ..................... Used Household and Office Goods Moving .............................. 34.0 6,097 6,041 99.1 

484220 ..................... Specialized Freight (except Used Goods) Trucking, Local ....... 34.0 22,797 22,631 99.3 

484230 ..................... Specialized Freight (except Used Goods) Trucking, Long Distance.34.0 7,310 7,042 96.3 

485111 ..................... Mixed Mode Transit Systems .................................................... 29.0 25 25 100.0 

485113 ..................... Bus and Other Motor Vehicle Transit Systems ......................... 32.5 318 308 96.9 

485210 ..................... Interurban and Rural Bus Transportation .................................. 32.0 309 302 97.7 

485320 ..................... Limousine Service ..................................................................... 19.0 3,706 3,694 99.7 

485410 ..................... School and Employee Bus Transportation ................................ 30.0 2,279 2,226 97.7 

485510 ..................... Charter Bus Industry .................................................................. 19.0 1,031 1,013 98.3 

485991 ..................... Special Needs Transportation ................................................... 19.0 2,592 2,567 99.1

485999 ..................... All Other Transit and Ground Passenger Transportation ......... 19.0 1,071 1,059 98.9 

Therefore, while FMCSA has 

determined that this rulemaking would 

impact a substantial number of small 

entities, it has also determined that the 

rulemaking would not have a significant 

impact on them. The effect of this 

rulemaking would be to increase the 

annual registration fee that motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies are currently 

required to pay. The increase will be 

25.0 percent on average, $9 to $9,000 

per entity, depending on the number of 

vehicles owned and/or operated by the 

affected entities. 

While the RFA does not define a 

threshold for determining whether a 

specific regulation results in a 

significant impact, the SBA, in guidance 

to government agencies, provides some 

objective measures of significance that 

the agencies can consider using. One 

measure that could be used to illustrate 

a significant impact is labor costs; 

specifically, whether the cost of the 

regulation exceeds 1 percent of the 

average annual revenues of small 

entities in the sector. Given that entities 

owning between 0 and 2 CMVs would 

experience an increase of $9, a small 

entity would need to have average 

annual revenue of less than $900 to 

experience an impact greater than 1 

percent of average annual revenue. This 

is an average annual revenue that is 

smaller than would be required for a 

firm to support one employee. The 

increased fee amount and impact on 

revenue increase linearly depending on 

the applicable fee bracket. 

Consequently, I certify that the 

proposed action would 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 

SBREFA, FMCSA wants to assist small 

entities in understanding this proposed 

rule so 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 person 

listed under FOR FURTHER INFORMATION

CONTACT. Small businesses may send 

comments on the actions of Federal 

employees who enforce or otherwise 

determine compliance with Federal 

regulations to SBA’s Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman (Office of the National 

Ombudsman, see https://www.sba.gov/ 

about-sba/oversight-advocacy/officenational-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, UMRA) 

requires Federal agencies to assess the 

effects of their discretionary regulatory 

actions. 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 

$192 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2022 levels) or 

more in any 1 year. Though this NPRM 

would not result in such an 

expenditure, and the analytical 

requirements of UMRA do not apply as 

a result, the Agency discusses the effects 

of this rule elsewhere in this preamble. 

F. Paperwork Reduction Act 

This proposed rule contains no new 

information collection requirements 

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 has determined that this rule 

would not have substantial direct costs 

on or for States, nor would it limit the 

policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. Therefore, this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Impact Statement. 

H. Privacy 

The Consolidated Appropriations Act, 

2005,8 requires the Agency to assess the 

privacy impact of a regulation that will 

affect the privacy of individuals. This 

NPRM would not require the collection 

of personally identifiable information. 


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1058 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Proposed Rules 

9Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002). 

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. 

The E-Government Act of 2002,9

requires Federal agencies to conduct a 

Privacy Impact Assessment (PIA) 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 PIA. 

In addition, the Agency submitted a 

Privacy Threshold Assessment (PTA) to 

evaluate the risks and effects the 

proposed rulemaking might have on 

collecting, storing, and sharing 

personally identifiable information. The 

DOT Privacy Office has determined that 

this rulemaking does not create privacy 

risk. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rule does not have Tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this proposed rule 

pursuant to the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and determined this action is 

categorically excluded from further 

analysis and documentation in an 

environmental assessment or 

environmental impact statement under 

FMCSA Order 5610.1 (69 FR 9680), 

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. 

K. Rulemaking Summary 

As required by 5 U.S.C. 553(b)(4), a 

summary of this rule can be found in 

the Abstract section of the Department’s 

Unified Agenda entry for this 

rulemaking at https://www.reginfo.gov/ 

public/do/eAgendaMain. 

List of Subjects in 49 CFR Part 367 

Intergovernmental relations, Motor 

carriers, Brokers, Freight Forwarders. 

Accordingly, FMCSA proposes to 

amend Title 49 CFR, subtitle B, chapter 

III, part 367 as follows: 

PART 367—STANDARDS FOR 

REGISTRATION WITH STATES 

■ 1. The authority citation for part 367 

continues to read as follows: 

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

CFR 1.87. 

■ 2. Remove and reserve § 367.20. 

■ 3. Revise § 367.40 to read as follows: 

§ 367.40 Fees under the Unified Carrier 

Registration Plan and Agreement for 

Registration Year 2024. 

TABLE 1 TO § 367.40—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION

YEAR 2024 

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 ..................................................................................... $37 $37 

B2 ........................................................ 3–5 ..................................................................................... 111 ............................

B3 ........................................................ 6–20 ................................................................................... 221 ............................

B4 ........................................................ 21–100 ............................................................................... 769 ............................

B5 ........................................................ 101–1,000 .......................................................................... 3,670 ............................

B6 ........................................................ 1,001 and above ................................................................ 35,836 ............................

■ 4. Add § 367.50 to read as follows: § 367.50 Fees under the Unified Carrier 

Registration Plan and Agreement for 

Registration Years Beginning in 2025 and 

Each Subsequent Registration Year 

Thereafter. 

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

YEARS BEGINNING IN 2025 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 ..................................................................................... $46 $46 

B2 ........................................................ 3–5 ..................................................................................... 138 ............................

B3 ........................................................ 6–20 ................................................................................... 276 ............................

B4 ........................................................ 21–100 ............................................................................... 963 ............................

B5 ........................................................ 101–1,000 .......................................................................... 4,592 ............................


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Proposed Rules 1059 

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

YEARS BEGINNING IN 2025 AND EACH SUBSEQUENT REGISTRATION YEAR THEREAFTER—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 

B6 ........................................................ 1,001 and above ................................................................ 44,836 ............................

Issued under authority delegated in 49 CFR 

1.87. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2024–00262 Filed 1–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS