Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 605 

under the heading ‘‘Data Elements’’, the 

words ‘‘Car rental, Taxis, Other’’ and 

adding ‘‘Car rental, Taxi, TNC, 

Innovative mobility technology 

company, Other’’ in its place. 

PART 302–1—GENERAL RULES 

■ 17. The authority citation for part 

302–1 continues to read as follows: 

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a). 

§ 302–1.102 [Removed] 

■ 18. Remove § 302–1.102. 

PART 302–4—ALLOWANCES FOR 

SUBSISTENCE AND 

TRANSPORTATION 

■ 19. The authority citation for part 

302–4 continues to read as follows: 

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); 

E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 

Comp., p. 586. 

§ 302–4.302 [Amended] 

■ 20. Amend § 302–4.302, by removing 

from paragraph (b), ‘‘taxicab fares’’ and 

adding ‘‘taxi or TNC fares, or the cost of 

utilizing an innovative mobility 

technology company,’’ in its place. 

PART 304–2—DEFINITIONS 

■ 21. The authority citation for part 

304–2 continues to read as follows: 

Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 

§ 304–2.1 [Amended] 

■ 22. Amend § 304–2.1, in the definition 

‘‘Travel, subsistence, and related 

expenses (travel expenses)’’, in the first 

sentence, by removing ‘‘taxi fares’’ and 

adding ‘‘taxi or TNC fares, or the cost of 

utilizing an innovative mobility 

technology company,’’ in its place. 

[FR Doc. 2017–28503 Filed 1–4–18; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 367 

[Docket No. FMCSA–2017–0118] 

RIN 2126–AC03 

Fees for the Unified Carrier 

Registration Plan and Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

reductions in the annual registration 

fees collected 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 registration years 2018, 2019 and 

subsequent years. For the 2018 

registration year, the fees will be 

reduced below the current level by 

approximately 9.10% to ensure that fee 

revenues do not exceed the statutory 

maximum, and to account for the excess 

funds held in the depository. For the 

2019 registration year and subsequent 

years, the fees will be reduced below the 

current level by approximately 4.55% to 

ensure the fee revenues in that and 

future years do not exceed the statutory 

maximum. 

DATES: This final rule is effective 

January 5, 2018. 

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 or by telephone at 202– 

385–2405. 

SUPPLEMENTARY INFORMATION: 

This Final Rule is organized as 

follows: 

I. Rulemaking Documents 

A. Availability of Rulemaking Documents 

B. Privacy Act 

II. Abbreviations and Acronyms 

III. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

B. Benefits and Costs 

IV. Legal Basis for the Rulemaking 

V. Statutory Requirements for UCR Fees 

A. Legislative History 

B. Fee Requirements 

VI. Background 

Recommendation From the UCR Plan 

VII. Discussion of the Comments 

A. Small Business in Transportation 

Coalition 

B. Revenue Entitlement for the State of 

Texas 

C. Change Design of Fee Structure 

D. Other Concerns 

VIII. International Impacts 

IX. Section-by-Section Analysis 

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 

B. E.O. 13771 Reducing Regulation and 

Controlling 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 Impact Assessment 

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 (National Environmental 

Policy Act, Clean Air Act, Environmental 

Justice) 

I. Rulemaking Documents 

A. Availability of Rulemaking 

Documents 

For access to docket FMCSA–2017– 

0118 to read background documents, go 

to https://www.regulations.gov at any 

time, or to Docket Services at U.S. 

Department of Transportation, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

B. Privacy Act 

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

the U.S. Department of Transportation 

(DOT) solicits comments from the 

public to better inform its rulemaking 

process. DOT posts any 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 

https://www.transportation.gov/privacy. 

II. Abbreviations and Acronyms 

The following is a list of abbreviations 

used in this document 

Board Unified Carrier Registration Board of 

Directors 

CAA Clean Air Act 

CE Categorical Exclusion 

FMCSA Federal Motor Carrier Safety 

Administration 

OMB Office of Management and Budget 

OOIDA Owner-Operator Independent 

Drivers Association 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

SBA Small Business Administration 

SBREFA Small Business Regulatory 

Enforcement Fairness Act 

SBTC Small Business in Transportation 

Coalition 

SSRS Single State Registration System 

Texas DMV Texas Department of Motor 

Vehicles 

UCR Unified Carrier Registration 

UCR Agreement Unified Carrier 

Registration Agreement 

UCR Plan Unified Carrier Registration Plan. 

III. 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 


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606 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 

property, brokers, freight forwarders, 

and leasing companies. The UCR Plan 

and Agreement are administered by a 

15-member board of directors (UCR 

Board); 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. The statute sets a 

statutory maximum amount that the 

UCR Plan may collect. If annual 

revenues will exceed the statutory 

maximum allowed, then the UCR Plan 

must request adjustments to the fees. 49 

U.S.C. 14504a(f)(1)(E). Also, any excess 

funds held by the UCR Plan after 

payments are made to the States and for 

administrative costs are retained in the 

UCR depository and subsequent fees 

charged are reduced as required by 49 

U.S.C. 14504a(h)(4). Adjustments in the 

fees are requested by the UCR Plan and 

approved by FMCSA. These two 

provisions are the reasons for the twostage adjustment adopted in this final 

rule. The final rule provides for a 

reduction for at least the next two 

registration years to the annual 

registration fees established for the 

Unified Carrier Registration (UCR) 

Agreement. 

The UCR Plan and the participating 

States collect registration fees for each 

registration year, which is the same 

period as the calendar year. Generally, 

collection begins on October 1st of the 

previous year, and continues until 

December 31st of the year following the 

registration year. For example, 

collection for the 2016 registration year 

began on October 1, 2015, and will end 

on December 31, 2017. Currently the 

UCR Plan estimates that by December 

31, 2017, total revenues will exceed the 

statutory maximum for the 2016 

registration year by $5.13 million, or 

approximately 4.55%. This is the first 

time that revenues collected will exceed 

the statutory maximum. Therefore, in 

March 2017, the UCR Board requested 

that FMCSA adjust the fees in a twostage process. For the 2018 registration 

year, with collection beginning on 

October 1, 2017 and ending December 

31, 2019, the fees would be reduced 

below the current level by 

approximately 9.10% to ensure that fee 

revenues do not exceed the statutory 

maximum, and to reduce the excess 

funds held in the depository. For the 

2019 registration year, with collection 

beginning on October 1, 2018 and 

ending December 31, 2020, the fees 

would be reduced below the current 

level by approximately 4.55% to ensure 

the fee revenues in that and future years 

do not exceed the statutory maximum. 

B. Benefits and Costs 

The changes imposed by this final 

rule reduce the fees paid by motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies to the 

participating States. 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 UCR Plan’s formal 

recommendation requested the 

Secretary (delegated to FMCSA) to set 

annual fees beginning in the registration 

year 2018, as required by 49 U.S.C. 

14504a(d)(7). FMCSA issued a notice of 

proposed rulemaking proposing to 

reduce the fees paid by motor carriers, 

motor private carriers of property, 

brokers, freight forwarders, and leasing 

companies based on an analysis of 

current collections and past trends. The 

Agency reviewed the UCR Plan’s formal 

recommendation prior to issuing the 

NPRM and concluded that the UCR 

Plan’s projection of the total revenues 

received for registration year 2016 may 

have been understated. 49 U.S.C. 

14504a(d)(7). This understatement 

would result in slightly higher fees for 

certain brackets. FMCSA conducted its 

own analysis, adjusted the methodology 

for projecting collections through the 

remainder of 2017, and updated the fees 

accordingly. The total amount targeted 

for collection by the UCR Plan will not 

change as a result of this rule, but the 

fees paid, or transfers, per affected 

entity will be slightly reduced from the 

UCR Plan’s original formal 

recommendation. 

IV. Legal Basis for the Rulemaking 

This rule adjusts the annual 

registration fees for the UCR Agreement 

established by 49 U.S.C. 14504a. The 

requested fee adjustments are required 

by 49 U.S.C. 14504a because, for the 

registration year 2016, 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 

Board 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 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). 

The APA also allows agencies to make 

rules effective immediately with good 

cause, instead of requiring publication 

30 days prior to the effective date. 5 

U.S.C. 553(d)(3). FMCSA finds there is 

good cause for this rule to be effective 

immediately so that the UCR Plan and 

the participating States may begin 

collection of fees immediately for the 

registration year that will begin on 

January 1, 2018. The immediate 

commencement of fee collection will 

avoid further delay in distributing 

revenues to the participating States. 

V. Statutory Requirements for the UCR 

Fees 

A. Legislative History 

The Unified Carrier Registration Plan 

is ‘‘the organization . . . responsible for 

developing, implementing, and 

administering the unified carrier 

registration agreement.’’ 49 U.S.C. 

14504a(a)(9). 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 49 U.S.C. 

14504a 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 of 

Transportation. The statute specifies 

that the UCR Board should consist of 

one individual (either the FMCSA 

Deputy Administrator or another 

Presidential appointee) from the 

Department of Transportation; four 

directors from among the chief 


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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 607 

1The UCR recommendation submitted March 22, 

2017 including the letter request from the Board 

and all related tables is located in docket FMCSA– 

2017–0118 at: www.regulations.gov. 

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, to be 

nominated by the National Conference 

of State Transportation Specialists; and 

five directors from the motor carrier 

industry, of whom 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. 49 U.S.C. 14504a(d)(1)(B). 

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 are set out 

in 49 CFR 367.30. These fees were 

adopted by FMCSA in 2010 after a 

rulemaking proceeding that considered 

the substantial increase in fees over the 

fees initially established in 2007. 

Compare Fees for the Unified 

Registration Plan and Agreement, 75 FR 

21993 (Apr. 27, 2010) (‘‘2010 Final 

Rule’’) with Fees for Unified 

Registration Plan and Agreement, 72 FR 

48585 (Aug. 24, 2007) (‘‘2007 Final 

Rule’’). 

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). 

Participating States submit a plan 

demonstrating that an amount 

equivalent to the revenues received are 

used for motor carrier safety programs, 

enforcement or the administration of the 

UCR Plan and Agreement. 49 U.S.C. 

14504a(e)(1)(B). 

B. Fee Requirements 

The statute specifies that fees are to be 

based upon the recommendation of the 

UCR Board, 49 U.S.C. 14504a(d)(7)(A). 

In recommending the level of fees to be 

assessed in any agreement year, and in 

setting the fee level, both the Board 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 Board; and 

• Provisions governing fees in 49 

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

The Secretary, if asked by the Board, 

may also adjust the fees 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 assessed 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 Plan. 

That section provides that a State, 

participating 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 or not they participated in 

SSRS) are also entitled to receive 

revenues of this type under the UCR 

Agreement, in an amount equivalent to 

the amount received in the previous 

registration year. The statute also 

requires that States that did not 

participate in SSRS previously, but that 

choose to participate in the UCR Plan, 

may receive revenues not to exceed 

$500,000 per year. The Board calculates 

the amount of revenue that each 

participating State is entitled to under 

the UCR Agreement which is then 

approved by the Secretary. 

FMCSA’s responsibilities under 49 

U.S.C. 14504a in setting fees for the 

UCR Plan and Agreement are guided by 

the primacy the statute places on the 

need both to set and to adjust the fees 

so they ‘‘provide the revenues to which 

the States are entitled.’’ The statute 

links the requirement that the fees be 

adjusted ‘‘within a reasonable range’’ by 

both the UCR Plan and FMCSA 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)). 

Additionally, section 14504a(h)(4) 

requires FMCSA to reduce the fees for 

all motor carrier entities in the 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 

Recommendation From the UCR Plan 

On March 14, 2017, the Board voted 

unanimously to submit a 

recommendation to the Secretary for a 

reduction of registration fees collected 

by the UCR Plan for 2018, with an 

adjustment in fees in 2019 and 

subsequent years. The recommendation 

was submitted to the Secretary on 

March 22, 2017, and a copy has been 

placed in the docket.1 The requested fee 

adjustments are required by 49 U.S.C. 

14504a because, for the registration year 

2016, the total revenues collected have, 

for the first time, exceeded 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, totaling $107.78 

million and already established in 

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

are set out in the table attached to the 

March 22, 2017 recommendation. These 

revenue entitlements for the States are 

the same as those that were approved in 

the 2010 final rule (75 FR at 22008–9 

and Table 5) that have continued in 

effect for each of the eight registration 

years from 2010 to 2017, inclusive. 

As indicated in the analysis attached 

to the March 22, 2017 letter, as of the 

end of February 2017, the UCR Plan had 

already collected $4.15 million more 

than the statutory maximum of $112.78 

million for 2016. The UCR Plan 

estimates that by the end of 2017, total 

revenues will exceed the statutory 

maximum, for 2016, by $5.13 million, or 

approximately 4.55%. The excess 

revenues collected will be held in a 

depository maintained by the Plan as 

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

Because of the collection of excess 

revenue, the UCR Plan requested 

adjustments to the fees in accordance 

with 49 U.S.C. 14504a(f)(1)(E)(ii), which 

requires the Board to request an 

adjustment 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.’’ These two provisions are 

distinct, and are the basis for the twostage adjustment in the 

recommendation. 

The requested adjustments would 

occur in two stages; an initial reduction 

below the current level by 

approximately 9.10% for 2018 to 

account for the excess revenues already 


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608 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 

collected in 2016, followed by a 

reduction below the current level by 

approximately 4.55% for 2019 and 

subsequent years to keep future 

revenues below the statutory maximum. 

The adjusted fees recommended for 

each bracket for 2018 and 2019 are 

shown in the analysis attached to the 

March 22 letter. The UCR Plan 

requested that the reduction for the 

2018 registration year be adopted not 

later than August 31, 2017, to enable the 

participating States and the UCR Plan to 

reflect the new fees when fee collection 

for the 2018 registration year that began 

on October 1, 2017. 

VII. Discussion of the Comments 

FMCSA received 7 comments on the 

NPRM. Five commenters disagreed with 

some aspect or another of the NPRM, 

including the Texas Department of 

Motor Vehicles (Texas DMV), OwnerOperator Independent Drivers 

Association (OOIDA), Small Business in 

Transportation Coalition (SBTC) and 

two anonymous commenters. Two 

additional anonymous commenters 

agreed with the NPRM favoring the fee 

reduction. The major comments 

included a request to have the NPRM 

withdrawn, as well as a 

recommendation to have the UCR Board 

submit a new recommendation to 

implement the fee reduction with a new 

2019 fee schedule and a request for 

assurance that the State of Texas will be 

able to collect all of the revenues to 

which it is entitled. Also comments 

addressed recommendations for 

changing the current design of the fee 

structure. Additional concerns included 

the absence of consistent enforcement of 

penalties, and the difficulty for small 

businesses to realize benefits from the 

mandated fees paid due to the existing 

structure and administration of the 

program. 

A. Small Business in Transportation 

Coalition 

Comments 

The Small Business in Transportation 

Coalition (SBTC) contended that the 

NPRM published September 21, 2017, is 

unlawful and should be withdrawn. It 

contends that while the UCR Plan 

notified the FMCSA of its 

recommendation for a reduction in the 

fees on March 22, 2017, the Agency 

failed to set the new fees within the 90- 

day period specified in the statute. 

As a result of the lack of action within 

90 days, SBTC asserts that on September 

14, 2017, the Board held an ‘‘improperly 

noticed secret meeting’’ that changed 

the date for commencement of the 

registration and payment of fees from 

October 1, 2017, to November 1, 2017. 

SBTC claims that this action by the UCR 

Plan thereby shortens the period for 

carriers to comply with the UCR 

requirement, even though the affected 

registrants would then be paying a 

reduced fee. 

After the close of the comment period, 

SBTC and a broker, 12 Percent Logistics, 

Inc., brought a civil action in the United 

States District Court for the District of 

Columbia (Civil Action No 1:17–cv– 

2000) in which they sought injunctive 

relief to set aside the UCR Plan’s 

postponement of the date for 

commencement of registration and fee 

payment. On October 18, the court 

denied the request to set aside the 

postponement of the registration period 

but ordered the UCR Board and the 

operator of its on-line registration 

system (the Indiana Department of 

Revenue) to post the draft minutes of a 

September 14, 2017, meeting of the UCR 

Board on their respective websites and 

to make an announcement of these 

postings at the Board’s October 26, 

2017, meeting. The draft minutes of the 

Board’s September 14, 2017 meeting 

were posted on websites 

www.ucrplan.org and www.ucr.in.gov/ 

ucrHome.html on October 20, 2017 and 

October 24, 2017, respectively. The 

Board announced the availability of the 

draft minutes on these websites at its 

October 26, 2017 meeting. 

FMCSA Response 

SBTC cites no authority for its 

contention that FMCSA and the 

Secretary no longer have the authority 

to set new fees for 2018 because the 

statutory deadline for such action of 90 

days in 49 U.S.C. 14504a(d)(7) has not 

been met. SBTC’s contention that 

FMCSA ‘‘has missed its lawful 

opportunity’’ to set the fees based on the 

UCR Plan’s March 22 recommendation 

is legally incorrect. 

SBTC cannot point to any explicit 

statement in the provisions of 49 U.S.C. 

14504a that bars action by FMCSA 

when the 90-day period is not met, 

because there is none. In addition, there 

are important public rights at stake that 

would be affected if FMCSA lost its 

power to act on the UCR Plan’s 

recommendation, as contended by 

SBTC. The fee reduction recommended 

by the UCR Plan, proposed for 

implementation in the NPRM and now 

adopted in this final rule, is necessary 

to comply with two important 

provisions in the statute that require 

compliance with the statutory 

maximum amount of revenues to be 

collected by the UCR Plan and the 

participating States. 49 U.S.C. 

14504a(f)(1)(E)(ii) and (h)(4). Instead of 

allowing SBTC’s members and the rest 

of the motor carrier industry to benefit 

as soon as possible from the reduction 

in fees based on excess revenues that 

the UCR Plan has already recognized 

were collected for registration year 

2016, SBTC’s request would have the 

harmful effect of delaying the benefits of 

the reduction until 2019. 

FMCSA and the Secretary have not 

lost the power to take action to 

implement the reduction in fees for 

2018 and later years because the Agency 

did not complete such action within 90 

days. SBTC’s request for withdrawal of 

this rulemaking is therefore denied. 

B. Revenue Entitlement for the State of 

Texas 

Comments 

The Texas Department of Motor 

Vehicles requested that FMCSA ‘‘take 

the necessary steps to ensure that the 

state of Texas receives the full amount 

of UCR revenues to which Texas is 

entitled under 49 U.S.C. 14504a(g)(1).’’ 

Texas DMV stated that after the State’s 

move from the SSRS to the UCR Plan 

and Agreement, it had not received the 

amount of funds from the UCR Plan and 

Agreement to which it believes it is 

entitled. Since 2007, under the revenue 

entitlement calculations submitted by 

the UCR Plan to the Secretary and 

FMCSA, the revenue entitlement for 

Texas has been set at $2,718,628.06. 72 

FR at 48588 and Table 1 (2007 Final 

Rule) and 75 FR at 22008–9 and Table 

5 (2010 Final Rule). Texas DMV now 

claims that the State’s revenue 

entitlement for every year since 2007 

should have been set at $5,765,819.93, 

representing a difference of 

$3,047,191.87 for each registration year. 

In total, Texas DMV claims that the 

State did not receive revenues of 

$33,519,110.57 for the years 2007 to 

2017, inclusive. 

Texas DMV now asks that the Agency 

approve a revised annual revenue 

entitlement for Texas of $5,765,819.93, 

starting with the year 2018, and approve 

the ‘‘shortage’’ amount of 

$33,519,110.57 for the years 2007–2017. 

Most significantly, for the purpose of 

this rulemaking, Texas DMV asks the 

Agency to revise the current fees 

established in 49 CFR part 367 ‘‘as 

necessary to ensure enough UCR fees 

are collected to cover the full amount to 

which Texas is entitled for years 2007 

through 2017 and beyond.’’ 

FMCSA Response 

The actions by the Agency that Texas 

DMV requests would not only require 

declining to implement the reduction in 

fees requested by the UCR Plan, but 


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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 609 

taking two additional steps: (1) Revising 

the approved revenue entitlement for 

Texas; and (2) increasing the fees by an 

uncertain but clearly substantial 

amount, not only to provide revenues 

for the new entitlement, but also to 

cover eleven years of a claimed 

‘‘shortage.’’ FMCSA does not have 

authority under the provisions of 49 

U.S.C. 14504a to take either of these 

additional actions. Both the approval of 

a revised revenue entitlement for Texas 

and an adjustment of the fees to cover 

both Texas’ claimed revised entitlement 

and the ‘‘shortage’’ would require that a 

recommendation be made to the 

Secretary by the Board. Because no such 

request has been made for either action, 

FMCSA is without authority to take the 

action requested by Texas. The fees are 

based on the only set of revenue 

entitlements submitted by the UCR Plan 

to the Secretary, which were approved 

in the 2010 final rule and which 

includes a revenue entitlement of 

$2,718,628.06 for Texas. 

The statute has provisions in 49 

U.S.C. 14504a(g)(1) to (3) governing how 

the revenue entitlement for each 

participating State should be 

determined. Texas DMV asserts that the 

Texas revenue entitlement should be 

determined under paragraph (g)(1), 

based on the revenues Texas received 

during the calendar year 2004 under 

SSRS. But the Texas DMV does not 

explain how or why its revenue 

entitlement under this provision should 

be $5,765,819.93 for each year under the 

UCR Agreement, instead of the 

$2,718,628.06 that has been in effect 

since 2007. It also does not explain why 

it has waited more than 11 years to 

assert that it is entitled to a larger 

revenue entitlement. 

Even if Texas DMV is correct that the 

larger amount is appropriate under the 

statute, it has failed to submit its claim 

to the Board. The statute provides that 

the amount of revenues generated under 

the UCR Agreement to which a State is 

entitled shall be calculated by the Board 

and approved by the Secretary. 49 

U.S.C. 14504a(g)(4). A revised 

calculation of the Texas revenue 

entitlement, which shows that it 

complies with the statutory 

requirements in section 14504a(g)(1), 

has not been submitted to the Board for 

its review and confirmation, and it has 

not been submitted by the Board to 

FMCSA for approval. FMCSA is without 

authority to consider or approve a 

revised revenue entitlement for Texas 

unless and until a revised calculation is 

submitted by the UCR Plan’s board of 

directors. 

The statute has similar provisions 

governing adjustments in the fees. The 

Board may ask FMCSA to adjust the fees 

within a reasonable range on an annual 

basis if the revenues derived from the 

fees are insufficient to provide the 

revenues to which the States are 

entitled. 49 U.S.C. 14504a(f)(1)(E)(i). No 

request has been made by the Board to 

adjust the fees in order to provide any 

revenues to satisfy the claim by Texas 

for a larger annual revenue entitlement 

or to provide funds to make up the 

‘‘shortage’’ Texas has supposedly 

incurred for 11 years. The only request 

before the Agency from the Board is the 

reduction in fees submitted on March 

22, 2017 after a unanimous vote of the 

UCR Board. FMCSA is without 

authority to consider or approve any 

adjustment in the fees (other than the 

one submitted on March 22) unless and 

until the Board makes a 

recommendation that would reflect the 

effects of the revised revenue 

entitlement claimed by Texas. 

C. Change Design of Fee Structure 

Comments 

OOIDA stated that single-truck 

operators or small fleet carriers 

represented approximately 95% of the 

motor carrier industry and that the 

current fee structure is burdensome and 

costly to its members due to the limited 

resources they have in comparison to 

larger competitors. OOIDA stated that 

the inequalities are particularly noted 

between and within the arbitrary 

payment brackets in effect and proposed 

that a standard flat fee per vehicle 

should be considered to reduce inequity 

amongst small, medium, and large 

fleets. An anonymous commenter felt 

that the current structure appears 

punitive to companies who are on the 

lower end of the tiered brackets that are 

currently in effect. The commenter cited 

the following examples in the current 

fee structure in which by going from 100 

power units to 101 power units or even 

1000 power units to 1001 power units 

companies would incur enormous 

percentage fee increases for a single 

power unit. The commenter 

recommended that the fee should be 

charged on a per unit basis. The per unit 

fee recommendation was also supported 

by another anonymous commenter. 

FMCSA Response 

Three commenters suggested 

changing the UCR fees to a ‘‘per-unit’’ 

(i.e. on a per vehicle) basis. FMCSA has 

not evaluated the merits of this 

suggestion because it is not an 

alternative available to the Agency. The 

statute requires that the Board set the 

fee structure based on 4 to 6 brackets 

depending on the size of the fleet. 49 

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

the commenters’ ‘‘per unit’’ suggestion 

would require a statutory amendment. 

Unless and until that occurs, neither the 

Board nor FMCSA has authority to 

change the current fee structure using 

brackets. 

D. Other Concerns 

Comments 

OOIDA expressed other specific 

concerns regarding the proposed rule 

including the fact that smaller carriers 

lack the resources to assist payment 

processing and submission of 

paperwork. OOIDA also expressed 

concerns regarding the lack of 

consistency among states in their use of 

the fees for enforcement or 

administration purposes. Overall, 

OOIDA felt that the existing 

organization and administration of the 

UCR program makes it difficult for 

small-business truckers and owneroperators to recognize any benefits from 

the mandated fees they are expected to 

pay. OOIDA recommended a federal 

audit of the UCR plan to review how 

states are actually spending UCR 

revenues. 

FMCSA Response 

OOIDA’s concerns described above 

are outside of the scope of this 

rulemaking. 

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 

Under this final rule, the provisions of 

49 CFR 367.30 are revised to apply to 

registration years 2010 to 2017, 

inclusive. A new 49 CFR 367.40 

establishes the reduced fees for 

registration year 2018. A second new 

section, 49 CFR 367.50, establishes fees 

for 2019, which will remain in effect in 

subsequent registration years unless and 

until 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 determined that this final 

rule is not a significant regulatory action 


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610 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 

2Executive Office of the President. Executive 

Order 13771 of January 30, 2017. Reducing 

Regulation and Controlling Regulatory Costs. 82 FR 

9339–9341. February 3, 2017. 

3Executive Office of the President. Office of 

Management and Budget. Guidance Implementing 

Executive Order 13771, Titled ‘‘Reducing 

Regulation and Controlling Regulatory Costs.’’ 

Memorandum M–17–21. April 5, 2017. 

4Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 

Available at: https://www.sba.gov/advocacy/ 

regulatory-flexibility-act (accessed February 13, 

2017). 

5U.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 April 27th, 

2017). 

under section 3(f) of Executive Order 

(E.O.) 12866 (58 FR 51735, October 4, 

1993), Regulatory Planning and Review, 

as supplemented by E.O. 13563 (76 FR 

3821, January 21, 2011), Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. 

Accordingly, the Office of Management 

and Budget (OMB) has not reviewed it 

under that Order. 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 imposed by this final 

rule adjust 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. 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 establishes adjustments in 

the annual registration fees for the UCR 

Plan and Agreement. The total amount 

targeted for collection by the UCR Plan 

will not change as a result of this rule, 

but the fees paid, or transfers, per 

affected entity will be reduced. The 

primary entities affected by this rule are 

the participating States, motor carriers, 

motor private carriers of property, 

brokers, freight forwarders, and leasing 

companies. Because the total amount 

collected will continue to be the 

statutory maximum, the participating 

States will not be impacted by this rule. 

The primary impact of this rule will be 

a reduction in fees paid by individual 

motor carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies. The reduction 

will range from approximately $7 to 

$6,700 per entity in the first year, and 

from approximately $3 to $3,400 per 

entity in subsequent years, depending 

on the number of vehicles owned and/ 

or operated by the affected entities. 

B. E.O. 13771 Reducing Regulation 

and Controlling Regulatory Costs 

E.O. 13771 requires that for ‘‘every 

one new [E.O. 13771 regulatory action] 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 2 Implementation 

guidance for E.O. 13771 issued by the 

Office of Management and Budget 

(OMB) on April 5, 2017, defines two 

different types of E.O. 13771 actions: An 

E.O. 13771 deregulatory action, and an 

E.O. 13771 regulatory action.3

An E.O. 13771 deregulatory action is 

defined as ‘‘an action that has been 

finalized and has total costs less than 

zero.’’ As this is a zero total cost 

rulemaking and consequently does not 

have total costs less than zero, it 

therefore is not an E.O. 13771 

deregulatory action. 

An E.O. 13771 regulatory action is 

defined as: 

(i) a significant action as defined in 

Section 3(f) of E.O. 12866 that has been 

finalized, and that imposes total costs 

greater than zero; or 

(ii) a significant guidance document 

(e.g., significant interpretive guidance) 

reviewed by Office of Information and 

Regulatory Affairs under the procedures 

of E.O. 12866 that has been finalized 

and that imposes total costs greater than 

zero. 

The Agency action, in this case a 

rulemaking, must meet both the 

significance and the total cost criteria to 

be considered an E.O. 13771 regulatory 

action. This rulemaking is not a 

significant regulatory action as defined 

in Section 3(f) of E.O. 12866, and 

therefore does not meet the significance 

criterion for being an E.O. 13771 

regulatory action. Consequently, this 

rulemaking is not an E.O. 13771 

regulatory action and no further action 

under E.O. 13771 is required. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA) (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 impact of their regulatory 

proposals on small entities, analyze 

effective alternatives that minimize 

small entity impacts, and make their 

analyses available for public comment. 

The term ‘‘small entities’’ means 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 under 50,000.4

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 entities. 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 rule will 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 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 nor 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 

(SBA) 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 5 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 SBA revenue 

threshold of $27.5 million and $15 

million, respectively. Therefore, FMCSA 

has determined that this rule will 

impact a substantial number of small 

entities. 

However, FMCSA has determined 

that this rule will not have a significant 

impact on the affected entities. The 


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effect of this rule will be to reduce the 

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 $7 to $6,700 per entity, 

in the first year, and from approximately 

$3 to $3,400 per entity in subsequent 

years, depending on the number of 

vehicles owned and/or operated by the 

affected entities. FMCSA asserts that the 

reduction in fees will be entirely 

beneficial to these entities, and will not 

have a significant impact on the affected 

small entities. Accordingly, I hereby 

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 

final rule so that they can better 

evaluate its effects on themselves and 

participate in the rulemaking initiative. 

If the final 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 final 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 million in 1995, 

adjusted for inflation to 2015 levels) or 

more in any one year. Though this final 

rule will not result in any such 

expenditure, the Agency discusses the 

effects of this rule elsewhere in this 

preamble. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501 et seq.), 

Federal agencies must obtain approval 

from the OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. FMCSA 

determined that no new information 

collection requirements are associated 

with this final rule, nor are there any 

revisions to existing, approved 

collections of information. Therefore, 

the PRA does not apply to this final 

rule. 

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, imposes 

substantial direct unreimbursed 

compliance costs on any State, or 

diminishes the power of any State to 

enforce its own laws. As detailed above, 

the UCR Board of Directors includes 

substantial State representation. The 

States have already had opportunity for 

input through their representatives. 

Accordingly, this rulemaking does not 

have Federalism implications 

warranting the application of E.O. 

13132. 

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

This final 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, Apr. 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 final 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 final 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 Impact Assessment 

Section 522 of title I of division H of 

the Consolidated Appropriations Act, 

2005, enacted December 8, 2004 (Pub. L. 

108–447, 118 Stat. 2809, 3268, 5 U.S.C. 

552a note), requires the Agency to 

conduct a privacy impact assessment 

(PIA) of a regulation that will affect the 

privacy of individuals. This rule does 

not require the collection of personally 

identifiable information. 

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 final rule 

under E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use. 

The Agency has determined that this 

rule 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 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. 


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612 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 

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 (National 

Environmental Policy Act, Clean Air 

Act, Environmental Justice) 

FMCSA analyzed this rule for the 

purpose of 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, 

March 1, 2004), Appendix 2, paragraph 

6.(h). The Categorical Exclusion (CE) in 

paragraph 6.(h) covers regulations and 

actions taken pursuant to the 

regulations implementing procedures to 

collect fees that will be charged for 

motor carrier registrations. The content 

in this rule is covered by this CE and the 

final action does not have any effect on 

the quality of the environment. The CE 

determination is available for inspection 

or copying in the Regulations.gov. 

FMCSA also analyzed this rule under 

the Clean Air Act, as amended (CAA), 

section 176(c) (42 U.S.C. 7401 et seq.), 

and implementing regulations 

promulgated by the Environmental 

Protection Agency. Approval of this 

action is exempt from the CAA’s general 

conformity requirement since it 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 final rule in 

accordance with the E.O. 12898, and has 

determined that no environmental 

justice issue is associated with this final 

rule, nor is there any collective 

environmental impact that would result 

from its promulgation. 

List of Subjects in 49 CFR Part 367 

Insurance, Intergovernmental 

relations, Motor carriers, Surety bonds. 

For the reasons discussed in the 

preamble, the Federal Motor Carrier 

Safety Administration is amending title 

49 CFR 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. Revise § 367.30 to read as follows: 

§ 367.30 Fees under the Unified Carrier 

Registration Plan and Agreement for 

registration years beginning in 2010 and 

ending in 2017. 

TABLE 1 TO § 367.30—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR EACH

REGISTRATION YEAR 2010–2017 

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 ............................................................................................. $76 $76 

B2 .................... 3–5 ............................................................................................. 227 ................................................

B3 .................... 6–20 ........................................................................................... 452 ................................................

B4 .................... 21–100 ....................................................................................... 1,576 ................................................

B5 .................... 101–1,000 .................................................................................. 7,511 ................................................

B6 .................... 1,001 and above ........................................................................ 73,346 ................................................

■ 3. Add new §§ 367.40 and 367.50 to 

subpart B to read as follows: 

§ 367.40 Fees under the Unified Carrier 

Registration Plan and Agreement for 

registration year 2018. 

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

YEAR 2018 

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 ........................................................................................... 410 ................................................

B4 .................... 21–100 ....................................................................................... 1,431 ................................................

B5 .................... 101–1,000 .................................................................................. 6,820 ................................................

B6 .................... 1,001 and above ........................................................................ 66,597 ................................................


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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 613 

§ 367.50 Fees under the Unified Carrier 

Registration Plan and Agreement for 

registration years beginning in 2019. 

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

YEAR 2019 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 ............................................................................................. $73 $73 

B2 .................... 3–5 ............................................................................................. 217 ................................................

B3 .................... 6–20 ........................................................................................... 431 ................................................

B4 .................... 21–100 ....................................................................................... 1,503 ................................................

B5 .................... 101–1,000 .................................................................................. 7,165 ................................................

B6 .................... 1,001 and above ........................................................................ 69,971 ................................................

Issued under authority delegated in 49 CFR 

1.87 on: December 29, 2017. 

Cathy F. Gautreaux, 

Deputy Administrator. 

[FR Doc. 2017–28509 Filed 1–2–18; 4:15 pm] 

BILLING CODE 4910–EX–P 


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