[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Proposed Rules]
[Pages 1053-1059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00262]


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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).

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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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0268/document. Follow the online 
instructions for submitting comments.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
    <bullet> 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.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#ca8c8789998b878998998aaea5bee4ada5bc"><span class="__cf_email__" data-cfemail="e6a0aba5b5a7aba5b4b5a6828992c8818990">[email protected]</span></a>. 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 8\1/2\ 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 
<a href="/cdn-cgi/l/email-protection#8eecfce7efe0a0e9a0eaefe6e2e7e0ceeae1faa0e9e1f8"><span class="__cf_email__" data-cfemail="f795859e9699d990d993969f9b9e99b7939883d9909881">[email protected]</span></a>. At this time,

[[Page 1054]]

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-records-notices. 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\
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    \1\ The UCR Plan Board's recommendation (September 2023 Fee 
Recommendation) was issued on September 27, 2023, and is available 
in the docket for this rulemaking.
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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

[[Page 1055]]

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
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           Bracket              Number of CMVs       2019      2020-2022       2023         2024         2025
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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
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* 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
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                   Bracket                       Number of CMVs        2024            2025         Difference
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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
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* 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\
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    \2\ The 2024 Fees for the Unified Carrier Registration Plan and 
Agreement final rule was published on June 2023 (88 FR 40719).
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    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.
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    \3\ As 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-board-minutes.s3.amazonaws.com).
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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 Sec.  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 Sec.  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.

[[Page 1056]]

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\
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    \4\ A 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)).
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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.
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    \5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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    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.
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    \6\ U.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).
    \7\ U.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).
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    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.

[[Page 1057]]



                                 Table 3--Estimates of Number of Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                SBA size      Total      Number of
             NAICS code                     Description       standard in   number of      small      Percent of
                                                                millions      firms       entities    all firms
----------------------------------------------------------------------------------------------------------------
484110..............................  General Freight               $34.0       22,066       21,950         99.5
                                       Trucking, Local.
484121..............................  General Freight                34.0       23,557       23,045         97.8
                                       Trucking, Long
                                       Distance, Truckload.
484122..............................  General Freight                43.0        3,138        3,050         97.2
                                       Trucking, Long
                                       Distance, Less Than
                                       Truckload.
484210..............................  Used Household and             34.0        6,097        6,041         99.1
                                       Office Goods Moving.
484220..............................  Specialized Freight            34.0       22,797       22,631         99.3
                                       (except Used Goods)
                                       Trucking, Local.
484230..............................  Specialized Freight            34.0        7,310        7,042         96.3
                                       (except Used Goods)
                                       Trucking, Long
                                       Distance.
485111..............................  Mixed Mode Transit             29.0           25           25        100.0
                                       Systems.
485113..............................  Bus and Other Motor            32.5          318          308         96.9
                                       Vehicle Transit
                                       Systems.
485210..............................  Interurban and Rural           32.0          309          302         97.7
                                       Bus Transportation.
485320..............................  Limousine Service.....         19.0        3,706        3,694         99.7
485410..............................  School and Employee            30.0        2,279        2,226         97.7
                                       Bus Transportation.
485510..............................  Charter Bus Industry..         19.0        1,031        1,013         98.3
485991..............................  Special Needs                  19.0        2,592        2,567         99.1
                                       Transportation.
485999..............................  All Other Transit and          19.0        1,071        1,059         98.9
                                       Ground Passenger
                                       Transportation.
----------------------------------------------------------------------------------------------------------------

    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/office-national-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.
---------------------------------------------------------------------------

    \8\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5 
U.S.C. 552a (Dec. 4, 2014).

---------------------------------------------------------------------------

[[Page 1058]]

    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.
---------------------------------------------------------------------------

    \9\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 
2002).
---------------------------------------------------------------------------

    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

0
1. The authority citation for part 367 continues to read as follows:

    Authority: 49 U.S.C. 13301, 14504a; and 49 CFR 1.87.

0
2. Remove and reserve Sec.  367.20.
0
3. Revise Sec.  367.40 to read as follows:


Sec.  367.40  Fees under the Unified Carrier Registration Plan and 
Agreement for Registration Year 2024.

 Table 1 to Sec.   367.40--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year
                                                      2024
----------------------------------------------------------------------------------------------------------------
                                           Number of commercial motor
                                           vehicles owned or operated     Fee per entity for
                                            by exempt or non-exempt      exempt or non-exempt    Fee per entity
                 Bracket                      motor carrier, motor       motor carrier, motor     for broker or
                                          private carrier, or freight    private carrier, or     leasing company
                                                   forwarder              freight forwarder
----------------------------------------------------------------------------------------------------------------
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  ................
----------------------------------------------------------------------------------------------------------------

0
4. Add Sec.  367.50 to read as follows:


Sec.  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 Sec.   367.50--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Years
                       Beginning in 2025 and Each Subsequent Registration Year Thereafter
----------------------------------------------------------------------------------------------------------------
                                           Number of commercial motor
                                           vehicles owned or operated     Fee per entity for
                                            by exempt or non-exempt      exempt or non-exempt    Fee per entity
                 Bracket                      motor carrier, motor       motor carrier, motor     for broker or
                                          private carrier, or freight    private carrier, or     leasing company
                                                   forwarder              freight forwarder
----------------------------------------------------------------------------------------------------------------
B1......................................  0-2........................                      $46               $46
B2......................................  3-5........................                      138  ................
B3......................................  6-20.......................                      276  ................
B4......................................  21-100.....................                      963  ................
B5......................................  101-1,000..................                    4,592  ................

[[Page 1059]]

 
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


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