Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44143 

operation of 911 services, E–911 services, or 

Next Generation 911 services, and that if a 

taxing jurisdiction in the State that receives 

911 grant funds diverts any portion of 

designated 911 charges imposed by the 

taxing jurisdiction for any purpose other than 

the purposes for which such charges are 

designated during the time period which 

grant funds are available, the State will 

ensure that 911 grant funds distributed to 

that taxing jurisdiction are returned. 

lllllllllllllllllllll

Signature of State 911 Coordinator 

(or representative of single governmental 

body) 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

Date 

Appendix D To Part 400—Annual 

Certification For 911 Grant 

Recipients—Tribal Organizations 

(To be submitted annually after grant award 

while grant funds are available) 

On behalf of [Tribal Organization], I, [print 

name], hereby certify that the taxing 

jurisdiction (or jurisdictions) within which 

the Tribal Organization is located has not 

diverted and will not divert any portion of 

designated 911 charges imposed by the 

taxing jurisdiction (or jurisdictions) within 

which the Tribal Organization is located for 

any purpose other than the purposes for 

which such charges are designated or 

presented from the time period 180 days 

preceding the date of the application and 

continuing through the time period during 

which grant funds are available. 

I further certify that the Tribal 

Organization will ensure that the taxing 

jurisdiction (or jurisdictions) within which 

the Tribal Organization is located that 

receives 911 grant funds does not divert any 

portion of designated 911 charges imposed 

by the taxing jurisdiction (or jurisdictions) 

for any purpose other than the purposes for 

which such charges are designated during the 

time period which grant funds are available. 

I agree that, as a condition of receipt of the 

grant, the Tribal Organization will return all 

grant funds if the taxing jurisdiction (or 

jurisdictions) within which the Tribal 

Organization is located obligates or expends, 

at any time for the full duration of this grant, 

designated 911 charges for any purpose other 

than the purposes for which such charges are 

designated or presented, eliminates such 

charges, or redesignates such charges for 

purposes other than the implementation or 

operation of 911 services, E–911 services, or 

Next Generation 911 services. 

lllllllllllllllllllll

Signature of Responsible Official 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

Date 

[FR Doc. 2017–19944 Filed 9–20–17; 8:45 am] 

BILLING CODE 3510–60–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: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: FMCSA proposes to establish 

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 would 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, 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. 

DATES: Comments on this notice of 

proposed rulemaking must be received 

on or before October 2, 2017. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2017–0118 using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

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

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including collection of information 

comments for the Office of Information 

and Regulatory Affairs, OMB. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gerald Folsom, Office of Registration 

and Safety Information, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001 by telephone at 202– 

385–2405. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

This notice of proposed rulemaking 

(NPRM) is organized as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Waiver of Advance Notice of Proposed 

Rulemaking 

II. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

B. Benefits and Costs 

III. Abbreviations and Acronyms 

IV. Legal Basis 

V. Statutory Requirements 

A. Legislative History 

B. Fee Requirements 

VI. Background 

VII. Discussion of Proposed Rulemaking 

VIII. Section-by-Section Analysis 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review and DOT Regulatory Policies and 

Procedures as Supplemented by E.O. 

13563) 

B. E.O. 13771 Reducing Regulation and 

Controlling Regulatory Costs 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

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

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

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

K. Privacy 

L. E.O. 12372 (Intergovernmental Review) 

M. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

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

O. National Technology Transfer and 

Advancement Act (Technical Standards) 

P. Environment (NEPA, CAA, 

Environmental Justice) 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (Docket No. FMCSA–2017– 

0118), indicate the specific section of 

this document to which each section 

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 


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44144 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

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

docket number, FMCSA–2017–0118, in 

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

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

proposed rule based on your comments. 

FMCSA may issue a final rule at any 

time after the close of the comment 

period. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is customarily not 

made available to the general public by 

the submitter. Under the Freedom of 

Information Act, CBI is eligible for 

protection from public disclosure. If you 

have CBI that is relevant or responsive 

to this NPRM, it is important that you 

clearly designate the submitted 

comments as CBI. Accordingly, please 

mark each page of your submission as 

‘‘confidential’’ or ‘‘CBI.’’ Submissions 

designated as CBI and meeting the 

definition noted above will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Brian Dahlin, Chief, 

Regulatory Analysis Division, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. Any commentary that FMCSA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

FMCSA will consider all comments and 

material received during the comment 

period. 

B. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

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

docket number, FMCSA–2017–0118, in 

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

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

Internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

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

except Federal holidays. 

C. Privacy Act 

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

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

D. Advanced Notice of Proposed 

Rulemaking Not Required 

Under section 5202 of the FAST Act, 

Public Law, 114–94 (FAST Act), 

FMCSA is required to publish an 

advance notice of proposed rulemaking 

for any major or significant rules, unless 

the Agency finds good cause that an 

ANPRM is impracticable, unnecessary, 

or contrary to the public interest. 

FMCSA has determined that this 

proposed rule is not significant; 

therefore, it is not a major rule that 

requires an ANPRM. 

II. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

The UCR Plan and the 41 States 

participating in the UCR Agreement 

establish and collect fees from motor 

carriers, motor private carriers of 

property, brokers, freight forwarders, 

and leasing companies. The UCR Plan 

and Agreement are administered by a 

15-member board of directors (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. In accordance with the 

statute, adjustments must be requested 

by the UCR Plan when annual revenues 

exceed the maximum allowed in 

accordance with 49 U.S.C. 

14504a(f)(1)(E)(ii). Also, excess funds 

held by the UCR Plan after payments to 

the States and for administrative costs 

are retained in its depository and 

subsequent fees charged are reduced as 

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

These two distinct provisions are the 

reasons for the two-stage adjustment 

proposed in this rule. The NPRM 

proposes to provide 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 collects registration 

fees for each registration year. 

Collection begins on or about October 

1st of the previous year, and continues 

until December 31st of the following 

year. For example, collection for the 

2016 registration year began on October 

1st, 2015, and will end on December 

31st 2017. Currently the UCR Plan 

estimates that by December 31st of 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 or 

about October 1st of 2017, 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 or about 

October 1st of 2018, 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. The 

UCR Plan requested that the reduction 

for 2018 be adopted no later than 

August 31, 2017, to enable the 

participating States and the UCR Plan to 

reflect the new fees when collections for 

the 2018 registration year begins on or 

about October 1, 2017. The adoption of 

the adjusted fees must be accomplished 

by rulemaking by FMCSA under 

authority delegated from the Secretary 

of Transportation. 

B. Benefits and Costs 

The changes proposed in this NPRM 

will 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 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44145 

societal costs and benefits of 

rulemakings. 

The UCR Plan’s formal 

recommendation requested that FMCSA 

publish a rule reducing the fees paid per 

motor carrier, motor private carrier of 

property, broker, freight forwarder, and 

leasing company based on an analysis of 

current collections and past trends. The 

Agency reviewed the UCR Plan’s formal 

recommendation and concluded that the 

UCR Plan’s projection of the total 

revenues received for registration year 

2016 may have been understated. 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 reduced. 

III. 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 

FAST Act Fixing America’s Surface 

Transportation Act, Public Law 114–94, 

129 Stat. 1312 (Dec. 2, 2015) 

FMCSA Federal Motor Carrier Safety 

Administration 

NCSTS National Conference of State 

Transportation Specialists 

OMB Office of Management and Budget 

PIA Privacy Impact Assessment 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

SBA Small Business Administration 

SBREFA Small Business Regulatory 

Enforcement Fairness Act 

SSRS Single State Registration System 

UCR Unified Carrier Registration 

UCR Agreement Unified Carrier 

Registration Agreement 

UCR Plan Unified Carrier Registration Plan 

IV. Legal Basis for the Rulemaking 

This rule proposes to make 

adjustments in 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 for the first time 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 

Plan to request an adjustment by the 

Secretary when the annual revenues 

exceed the maximum allowed. In 

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

that any excess funds held by the UCR 

Plan in its depository, after payments to 

the States and for administrative costs, 

shall be retained ‘‘and the fees charged 

. . . shall be reduced by the Secretary 

accordingly.’’ 

The Secretary also has broad 

rulemaking authority in 49 U.S.C. 

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

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

part B. Authority to administer these 

statutory provisions has been delegated 

to the FMCSA Administrator by 49 CFR 

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

V. Statutory Requirements for the UCR 

Fees 

A. Legislative History 

The statute states that the ‘‘Unified 

Carrier Registration Plan . . . mean[s] 

the organization . . . responsible for 

developing, implementing, and 

administering the unified carrier 

registration agreement’’ (49 U.S.C. 

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

Agreement developed by the UCR Plan 

is the ‘‘interstate agreement governing 

the collection and distribution of 

registration and financial responsibility 

information provided and fees paid by 

motor carriers, motor private carriers, 

brokers, freight forwarders, and leasing 

companies. . .’’ (49 U.S.C. 

14504a(a)(8)). 

The legislative history of the statute 

indicates that the purpose of the UCR 

Plan and Agreement is both to replace 

the Single State Registration System 

(SSRS) for registration of interstate 

motor carrier entities with the States 

and to ‘‘ensure that States don’t lose 

current revenues derived from SSRS’’ 

(S. Rep. 109–120, at 2 (2005)). The 

statute provides for a 15-member Board 

of Directors for the UCR Plan to be 

appointed by the Secretary of 

Transportation. The statute specifies 

that the UCR Board should consist of 

one individual (either the Federal Motor 

Carrier Safety Administration (FMCSA) 

Deputy Administrator or another 

Presidential appointee) from the 

Department of Transportation; four 

directors from among the chief 

administrative officers of the State 

agencies responsible for administering 

the UCR Agreement (one from each of 

the four FMCSA service areas); five 

directors from among the professional 

staffs of State agencies responsible for 

administering the UCR Agreement, to be 

nominated by the National Conference 

of State Transportation Specialists 

(NCSTS); 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. 

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 75 FR 21993 (Apr. 27, 2010) 

with 72 FR 48585 (Aug. 24, 2007). 

For carriers and freight forwarders, 

the fees vary according to the size of the 

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

14504a(f). The fees collected are 

allocated to the States and the UCR Plan 

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

B. Fee Requirements 

The statute specifies that fees are to be 

based upon the recommendation of the 

UCR Board, 49 U.S.C. 14504a(f)(1)(E)(ii). 

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 fees may be adjusted within a 

reasonable range on an annual basis if 

the revenues derived from the fees are 

either insufficient to provide the 

participating States with the revenues 

they are entitled to receive or exceed 

those revenues (49 U.S.C. 

14504a(f)(1)(E)). 

Overall, the fees 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 

participating State, which participated 

in SSRS in the registration year prior to 

the enactment of the Unified Carrier 

Registration Act of 2005 is entitled to 

receive revenues under the UCR 

Agreement equivalent to the revenues it 

received in the year before that 

enactment. Participating States that also 

collected intrastate registration fees 

from interstate motor carrier entities 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
44146 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

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. 

(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 section also 

requires that States that did not 

participate in SSRS previously, but 

which choose to participate in the UCR 

Plan, may receive revenues not to 

exceed $500,000 per year. 

FMCSA’s interpretation of its 

responsibilities under 49 U.S.C. 14504a 

in setting fees for the UCR Plan and 

Agreement is guided by the primacy the 

statute places on the need both to set 

and to adjust the fees so that they 

‘‘provide the revenues to which the 

States are entitled.’’ The statute links 

the requirement that the fees be adjusted 

‘‘within a reasonable range’’ to the 

provision of sufficient revenues to meet 

the entitlements of the participating 

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

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

Section 14504a(h)(4) gives additional 

support for this interpretation. This 

provision explicitly requires FMCSA to 

reduce the fees 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 

On March 14, 2017, the UCR Board 

voted unanimously to submit a 

recommendation to the Secretary for a 

reduction of registration fees collected 

by the Plan for 2018, with a subsequent 

upward adjustment in 2019. 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 exceeded for the first 

time 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 established in 

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

are set out in the table attached to the 

March 22, 2017 recommendation. 

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 for 2016 $4.15 million 

more than the statutory maximum of 

$112.78 million. 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). 

The requested adjustments have been 

submitted by the UCR Plan in 

accordance with 49 U.S.C. 

14504a(f)(1)(E)(ii), which requires it 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 two-stage 

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, followed 

by a reduction below the current level 

by approximately 4.55% for 2019. 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 has 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 begins on October 

1, 2017. 

VII. Discussion of Proposed 

Rulemaking 

The Agency reviewed the UCR Plan’s 

formal recommendation and concluded 

that the UCR Plan’s estimate of the total 

revenues received by the end of 2017 

may have been understated. In order to 

estimate the revenue collections for the 

2016 registration year, the UCR Plan’s 

recommendation looks across years to 

find the minimum amount collected in 

each month, and then sums the 

minimum from each month to develop 

the total minimum projection. This 

method ignores the relationship 

between each month’s registrations 

within a given registration year. Within 

each registration year there is a set 

number of carriers that would register; 

therefore, the number of registrations in 

each month is related to the number of 

registrations in previous months. 

FMCSA believes that using the 

proposed method artificially reduces the 

total minimum projection, thereby 

increasing the fees charged. This 

understatement would result in slightly 

higher fees for certain brackets. 

FMCSA conducted its own analysis, 

adjusted the methodology for projecting 

collections for the 2016 registration 

year, and updated the fees accordingly. 

FMCSA estimated the minimum 

projection of revenue collections for 

March through December of 2017 by 

summing the collections within each 

registration year (2013–2015) and then 

compared across years to find the 

minimum total amount. FMCSA 

projected that for the 2016 registration 

year, the minimum revenue collection 

for March through December of 2017 

when the collection period would end 

would be $1,035,305, which is $55,000 

more than the Plan’s projection of 

$980,139. Ultimately, the slightly higher 

minimum projection then results in a 

slightly lower fee for certain brackets. 

Where it exists, the resulting fee 

difference between the Plan’s method 

and FMCSA’s method is minimal. 

VIII. Section-by-Section Analysis 

For this NPRM, FMCSA proposes that 

the provisions of 49 CFR 367.30 will be 

revised to apply to registration years 

2010 to 2017, inclusive. A proposed 

new 49 CFR 367.40 establishes the 

reduced fees for registration year 2018. 

A second proposed 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. 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review and DOT Regulatory Policies 

and Procedures as Supplemented by 

E.O. 13563) 

This proposed rule is not a significant 

regulatory action 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 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) and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(4) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. 

The changes proposed by this rule 

would adjust the registration fees paid 

by motor carriers, motor private carriers 

of property, brokers, freight forwarders, 

and leasing companies to the UCR Plan 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44147 

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.) 

see National Archives at http://www.archives.gov/ 

federal-register/laws/regulaotry-flexibility/601.html. 

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, 20217). 

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 would establish 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 would 

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.’’ This rulemaking does not have 

total costs less than zero, and 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 (Small 

Entities) 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121, 

110 Stat. 857) requires Federal agencies 

to consider the effects of the regulatory 

action on small business and other 

small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 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 businesses. Section 605 

of the RFA allows an agency to certify 

a rule, in lieu of preparing an analysis, 

if the rulemaking is not expected to 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule 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 

effect of this rule will be to reduce the 

annual registration fee motor carriers, 

motor private carriers of property, 

brokers, freight forwarders, and leasing 

companies are currently required to pay. 

The reduction will range from 

approximately $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 Small Business Regulatory 

Enforcement Fairness Act of 1996, 

FMCSA wants to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

themselves and participate in the 


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44148 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

rulemaking initiative. If the proposed 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance; please consult the FMCSA 

point of contact, Gerald Folsom, listed 

in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business Administration’s 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$155 million (which is the value 

equivalent of $100,000,000 in 1995, 

adjusted for inflation to 2015 levels) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, the Agency does 

discuss the effects of this rule elsewhere 

in this preamble. 

F. Paperwork Reduction Act 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

G. E.O. 13132 (Federalism) 

A rule has implications for 

Federalism under Section 1(a) of 

Executive Order 13132 if it has 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ FMCSA 

determined that this proposal would not 

have substantial direct costs on or for 

States, nor would it limit the 

policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. Therefore, this 

rule does not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism Impact Statement. 

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

This proposed rule meets applicable 

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

E.O. 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

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

E.O. 13045, Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 

1997), requires agencies issuing 

‘‘economically significant’’ rules, if the 

regulation also concerns an 

environmental health or safety risk that 

an agency has reason to believe may 

disproportionately affect children, to 

include an evaluation of the regulation’s 

environmental health and safety effects 

on children. The Agency determined 

this proposed rule is not economically 

significant. Therefore, no analysis of the 

impacts on children is required. In any 

event, the Agency does not anticipate 

that this regulatory action could in any 

respect present an environmental or 

safety risk that could disproportionately 

affect children. 

J. E.O. 12630 (Taking of Private 

Property) 

FMCSA reviewed this proposed rule 

in accordance with E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights, and has determined it will not 

effect a taking of private property or 

otherwise have taking implications. 

K. Privacy 

The Consolidated Appropriations Act, 

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

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

Agency to conduct a privacy impact 

assessment (PIA) of a regulation that 

will affect the privacy of individuals. 

This rule does not require the collection 

of personally identifiable information 

(PII). 

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

applies only to Federal agencies and any 

non-Federal agency which receives 

records contained in a system of records 

from a Federal agency for use in a 

matching program. 

The E-Government Act of 2002, 

Public Law 107–347, § 208, 116 Stat. 

2899, 2921 (Dec. 17, 2002), requires 

Federal agencies to conduct a privacy 

impact assessment for new or 

substantially changed technology that 

collects, maintains, or disseminates 

information in an identifiable form. No 

new or substantially changed 

technology would collect, maintain, or 

disseminate information as a result of 

this rule. As a result, FMCSA has not 

conducted a privacy impact assessment. 

L. E.O. 12372 (Intergovernmental 

Review) 

The regulations implementing E.O. 

12372 regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this program. 

M. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

FMCSA has analyzed this proposed 

rule under E.O. 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Agency has 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Therefore, it does not require a 

Statement of Energy Effects under E.O. 

13211. 

N. E.O. 13175 (Indian Tribal 

Governments) 

This proposed rule does not have 

tribal implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

O. National Technology Transfer and 

Advancement Act (Technical 

Standards) 

The National Technology Transfer 

and Advancement Act (NTTAA) (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. 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44149 

P. Environment (NEPA, CAA, 

Environmental Justice) 

FMCSA analyzed this NPRM 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 

proposed requirements in this rule are 

covered by this CE and the NPRM does 

not have any effect on the quality of the 

environment. The CE determination is 

available for inspection or copying in 

the regulations.gov Web site listed 

under ADDRESSES. 

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, 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 low-income 

populations’’ in the United States, its 

possessions, and territories. FMCSA 

evaluated the environmental justice 

effects of this proposed rule in 

accordance with the E.O., and has 

determined that no environmental 

justice issue is associated with this 

proposed rule, nor is there any 

collective environmental impact that 

would result from its promulgation. 

List of Subjects in 49 CFR Part 367 

Insurance, Intergovernmental 

relations, Motor carriers, Surety bonds. 

In consideration of the foregoing, 

FMCSA proposes to amend 49 CFR 

chapter III, part 367 to read as follows: 

PART 367—STANDARDS FOR 

REGISTRATION WITH STATES 

■ 1. The authority citation for part 367 

continues to read as follows: 

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

CFR 1.87. 

■ 2. Revise § 367.30 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. 

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 nonexempt 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. 

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 nonexempt 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 ....................................

§ 367.50 Fees under the Unified Carrier 

Registration Plan and Agreement for 

registration years beginning in 2019. 


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44150 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

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 nonexempt 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: September 14, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–20079 Filed 9–20–17; 8:45 am] 

BILLING CODE 4910–EX–P 


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