Fees for the Unified Carrier Registration Plan and Agreement, 3489-3494 [2022-01022]

Download as PDF 3489 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 22–13; RM–11914; DA 22– 24; FR ID 67659] Television Broadcasting Services Albany, New York Federal Communications Commission. ACTION: Proposed rule. AGENCY: The Commission has before it a petition for rulemaking filed by WNYT–TV, LLC (Petitioner), the licensee of WNYT, channel 12, Albany, New York. The Petitioner requests the substitution of channel 21 for channel 12 at in the Table of Allotments. DATES: Comments must be filed on or before February 23, 2022 and reply comments on or before March 10, 2022. ADDRESSES: Federal Communications Commission, Office of the Secretary, 45 L Street NE, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for the Petitioner as follows: William LeBeau, Esq., Holland & Knight LLP, 800 17th Street NW, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at (202) 418–1647; or Joyce Bernstein, Media Bureau, at Joyce.Bernstein@fcc.gov. SUPPLEMENTARY INFORMATION: In support of its channel substitution request, the Petitioner states that WNYT has a long history of significant reception problems given the local terrain. According to the Petitioner, once the station began operating solely in digital on VHF channel 12, it received numerous complaints from viewers about the station’s over-the-air signal, and in order to address these problems, the Petitioner applied for and received modification authorizations to increase WNYT’s effective radiated power and tried other means to improve viewers’ digital reception, including constructing two digital replacement translators. The proposal will result in a net gain in service to 289,588 persons within WNYT’s predicted noise limited service contour, and while it will result in a loss population of 210 persons within the predicted contour, all of the population located within WNYT’s original DTV channel 12 noise limited contour will continue to receive NBC service, except for 130 people. This is a synopsis of the Commission’s Notice of Proposed Rulemaking, MB Docket No. 22–13; RM–11914; DA 22–24, adopted January jspears on DSK121TN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:07 Jan 21, 2022 Jkt 256001 11, 2022, and released January 11, 2022. The full text of this document is available for download at https:// www.fcc.gov/edocs. To request materials in accessible formats (braille, large print, computer diskettes, or audio recordings), please send an email to FCC504@fcc.gov or call the Consumer & Government Affairs Bureau at (202) 418–0530 (VOICE), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601– 612, do not apply to this proceeding. Members of the public should note that all ex parte contacts are prohibited from the time a Notice of Proposed Rulemaking is issued to the time the matter is no longer subject to Commission consideration or court review, see 47 CFR 1.1208. There are, however, exceptions to this prohibition, which can be found in Section 1.1204(a) of the Commission’s rules, 47 CFR 1.1204(a). See Sections 1.415 and 1.420 of the Commission’s rules for information regarding the proper filing procedures for comments, 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Television. Federal Communications Commission. Thomas Horan, Chief of Staff, Media Bureau. Proposed Rule For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 to read as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. 2. In § 73.622(j), amend the Table of Allotments under New York, by revising the entry for ‘‘Albany’’ to read as follows: ■ § 73.622 Digital television table of allotments. * * * (i) * * * PO 00000 Frm 00040 * Fmt 4702 * Sfmt 4702 (j) Table of TV Allotments. Community * * Channel No. * * * NEW YORK * * * Albany ................................... * * * * * * * * * 8, 21, 24. * * * [FR Doc. 2022–01002 Filed 1–21–22; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 367 [Docket No. FMCSA–2022–0001] RIN 2126–AC51 Fees for the Unified Carrier Registration Plan and Agreement Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking. AGENCY: FMCSA is proposing reductions in the annual registration fees States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the 2023 year and subsequent registration years. The proposed fees for the 2023 registration year would be reduced below the fees for 2022 by approximately 27 percent. The reduction in annual registration fees would be between $16 and $15,350 per entity, depending on the number of vehicles owned or operated by the affected entities. DATES: Comments must be received on or before February 23, 2022. ADDRESSES: You may submit comments identified by Docket Number FMCSA– 2022–0001 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/ FMCSA-2022-0001/document. Follow the online instructions for submitting comments. • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. SUMMARY: E:\FR\FM\24JAP1.SGM 24JAP1 3490 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules • Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. • Fax: (202) 493–2251. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, FMCSAMCRS@dot.gov. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: FMCSA organizes this notice of proposed rulemaking (NPRM) as follows: I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act II. Executive Summary A. Purpose and Summary of the Regulatory Action B. Costs and Benefits III. Abbreviations IV. Legal Basis V. Background VI. Discussion of Proposed Rulemaking VII. International Impacts VIII. Section-by-Section Analysis IX. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures B. Congressional Review Act 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. Privacy I. E.O. 13175 (Indian Tribal Governments) J. National Environmental Policy Act of 1969 jspears on DSK121TN23PROD with PROPOSALS1 I. Public Participation and Request for Comments A. Submitting Comments If you submit a comment, please include the docket number for this NPRM (FMCSA–2022–0001), indicate the specific section of this document to which your comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA VerDate Sep<11>2014 17:37 Jan 21, 2022 Jkt 256001 recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov/docket/ FMCSA-2022-0001/document, click on this NPRM, click ‘‘Comment,’’ and type your comment into the text box on the following screen. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. 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. Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the NPRM. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this rulemaking. B. Viewing Comments and Documents To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/ FMCSA-2022-0001X/document and choose the document to review. To view comments, click this NPRM, then click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. C. Privacy Act DOT solicits comments from the public to better inform its regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL 14—Federal Docket Management System (FDMS)), which can be reviewed at www.transportation.gov/privacy. II. Executive Summary A. Purpose and Summary of the Regulatory Action The UCR Plan and the 41 States participating in the UCR Agreement establish and collect fees from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The UCR Plan and Agreement are administered by a 15-member board of directors: 14 appointed from the participating States and the industry, plus the Deputy Administrator of FMCSA. Revenues collected are allocated to the participating States and the UCR Plan. In accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), fee adjustments must be requested by the UCR Plan when annual revenues exceed the maximum allowed. Also, if there are excess funds after payments to the States and for administrative costs, they are retained in the UCR Plan’s depository, and subsequent fees must be reduced as required by 49 U.S.C. 14504a(h)(4). These two distinct provisions are the basis for the two elements of the adjustment proposed in this rule. This NPRM proposes to reduce the annual registration fees established pursuant to the UCR Agreement for 2023 and subsequent years. The UCR Board has estimated future period collections using an average of the collections of the past 3 closed years. It also considered that there has been no change to the administrative authorized allowance since 2020 and recommended a modest increase in the allowance. Considering all of this, the UCR Board recommended that FMCSA adopt the fees listed below. E:\FR\FM\24JAP1.SGM 24JAP1 3491 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 2022 VS. 2023 FEE RECOMMENDATION Number of power units .................................................... 0–2 3–5 6–20 21–100 101–1000 2022 Fee (Current) .......................................................... 2023 Fee (Recommended) .............................................. $59 $43 $176 $129 $351 $256 $1,224 $894 $5,835 $4,263 1,001 and above $56,977 $41,627 Change ..................................................................... ($16) ($47) ($95) ($330) ($1,572) ($15,350) B. Costs and Benefits The changes proposed in this NPRM would reduce the fees paid by motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies to the UCR Plan and the participating States. While each motor carrier or other entity would realize a reduced monetary burden, fees are considered by the Office of Management and Budget (OMB) Circular A–4, Regulatory Analysis as transfer payments, not costs. Transfer payments are payments from one group to another that do not affect total resources available to society. Therefore, transfers are not considered in the monetization of societal costs and benefits of rulemakings. III. Abbreviations jspears on DSK121TN23PROD with PROPOSALS1 CAA Clean Air Act CBI Confidential Business Information CE Categorical Exclusion E.O. Executive Order FMCSA Federal Motor Carrier Safety Administration OMB Office of Management and Budget PIA Privacy Impact Assessment RFA Regulatory Flexibility Act SBA Small Business Association SBREFA Small Business Regulatory Enforcement Fairness Act Secretary Secretary of Transportation 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 adjust the annual registration fees required by the UCR Agreement established by 49 U.S.C. 14504a. The requested fee adjustments are required by 49 U.S.C. 14504a because, for registration year 2022, the total revenues collected are expected to exceed the maximum annual revenue entitlements of $107.78 million distributed to the 41 participating States plus the amount established for the administrative costs associated with the UCR Plan and Agreement. The UCR Plan submitted the requested adjustments in accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), which requires the UCR Plan to request an adjustment by the Secretary when the annual revenues exceed the maximum allowed. In addition, 49 U.S.C. VerDate Sep<11>2014 17:07 Jan 21, 2022 Jkt 256001 14504a(h)(4) states that any excess funds from previous registration years held by the UCR Plan in its depository, after distribution to the States and for payment of administrative costs, shall be retained ‘‘and the fees charged . . . shall be reduced by the Secretary accordingly.’’ The UCR Plan is also requesting approval of a revised total revenue to be collected because of an adjustment in the amount for costs of administering the UCR Agreement. No changes in the revenue allocations to the participating States have been recommended by the UCR Plan. The revised total revenue must be approved in accordance with 49 U.S.C. 14504a(d)(7). The Secretary also has broad rulemaking authority in 49 U.S.C. 13301(a) to carry out 49 U.S.C. 14504a, which is part of 49 U.S.C. subtitle IV, part B. Authority to administer these statutory provisions has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and (7). V. Background FMCSA issued a final rule in early 2020 establishing the current level of UCR registration fees. 85 FR 8192 (Feb. 13, 2020). The 2020 rule reflected reductions recommended by the UCR Plan in the annual registration fees the States collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the registration years beginning in 2020. This level of fees has remained in effect for registration years since 2020. The UCR Plan has recommended that these fees remain in effect during 2022 and has recommended a significant reduction to be effective for registration year 2023. The UCR Plan’s latest recommendation includes an increase in the amount of the administrative cost allowance from $4 million to $4.25 million for the 2023 registration year. The increase of $250,000 recommended by the UCR Plan was based on estimates of future administrative cost allowances needed to operate the UCR Plan and Agreement. No changes in the State revenue entitlements are recommended, and the entitlement figures for 2023 for the 41 participating States are the same as those previously approved for the PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 years 2010 through 2022. Therefore, for registration year 2023 and subsequent registration years, the UCR Plan recommends total revenue to be collected of $112,027,060 (rounded to the nearest dollar). FMCSA proposes to approve this recommendation for the total revenue to be collected by the UCR Plan, as shown in the following table. STATE UCR REVENUE ENTITLEMENTS AND FINAL 2023 TOTAL REVENUE TARGET State Total 2023 UCR revenue entitlements Alabama .......................... Arkansas ......................... California ......................... Colorado ......................... Connecticut ..................... Georgia ........................... Idaho ............................... Illinois .............................. Indiana ............................ Iowa ................................ Kansas ............................ Kentucky ......................... Louisiana ........................ Maine .............................. Massachusetts ................ Michigan ......................... Minnesota ....................... Missouri .......................... Mississippi ...................... Montana .......................... Nebraska ........................ New Hampshire .............. New Mexico .................... New York ........................ North Carolina ................ North Dakota .................. Ohio ................................ Oklahoma ....................... Pennsylvania .................. Rhode Island .................. South Carolina ................ South Dakota .................. Tennessee ...................... Texas .............................. Utah ................................ Virginia ............................ Washington ..................... West Virginia .................. Wisconsin ....................... $2,939,964.00 1,817,360.00 2,131,710.00 1,801,615.00 3,129,840.00 2,660,060.00 547,696.68 3,516,993.00 2,364,879.00 474,742.00 4,344,290.00 5,365,980.00 4,063,836.00 1,555,672.00 2,282,887.00 7,520,717.00 1,137,132.30 2,342,000.00 4,322,100.00 1,049,063.00 741,974.00 2,273,299.00 3,292,233.00 4,414,538.00 372,007.00 2,010,434.00 4,813,877.74 2,457,796.00 4,945,527.00 2,285,486.00 2,420,120.00 855,623.00 4,759,329.00 2,718,628.06 2,098,408.00 4,852,865.00 2,467,971.00 1,431,727.03 2,196,680.00 Sub-Total ..................... Alaska ............................. Delaware ......................... 106,777,059.81 500,000.00 500,000.00 Total State Revenue Entitlement ............... 107,777,060.00 E:\FR\FM\24JAP1.SGM 24JAP1 3492 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules STATE UCR REVENUE ENTITLEMENTS 2007 to and including 2019. The UCR AND FINAL 2023 TOTAL REVENUE Plan is no longer collecting fees for those registration years and these TARGET—Continued State Total 2023 UCR revenue entitlements Administrative Costs ....... Total Revenue Target 4,250,000.00 112,027,060.00 VI. Discussion of Proposed Rulemaking On August 26, 2021, the UCR Plan Board of Directors sent a letter to the Secretary of the Department of Transportation (available in the docket for this rule), stating that the Board met on August 12, 2021, and voted to approve their ‘‘2023 Fee Proposal’’ plan and recommend that FMCSA adopt the fee reductions therein. The letter states the justification for reducing the fees, and the attachment explains how the adjustment was determined. FMCSA has reviewed the formal recommendation from the UCR Plan and proposes to approve the recommended adjustment in the fees, including the adjustment in the allowance for costs necessary to continue administering the UCR Agreement and the UCR Plan. Overall, the UCR Plan and the Agency agree on the reduction of the current fees for 2023 and subsequent registration years, and that there would be no change in the revenue entitlements for the 41 participating States. jspears on DSK121TN23PROD with PROPOSALS1 VII. 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)). VIII. Section-by-Section Analysis In this NPRM, FMCSA proposes that the provisions of 49 CFR 367.60 (which were adopted in the 2020 final rule) would be revised so that the fees in that section would apply to registration years 2020, 2021, and 2022 only. A new 49 CFR 367.70 would establish new reduced fees applicable beginning in registration year 2023. These fees would remain in effect for subsequent registration years after 2023 unless revised in the future. FMCSA also proposes to remove 49 CFR 367.20, 367.30, 367.40, and 367.50. These sections established fees applicable for registration years from VerDate Sep<11>2014 17:07 Jan 21, 2022 Jkt 256001 sections should be removed to avoid any uncertainty about the applicable fees. IX. 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 has considered the impact of this notice of proposed rulemaking under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review, and DOT’s regulatory policies and procedures. The Office of Information and Regulatory Affairs (OIRA) within OMB determined that this notice of proposed rulemaking is not a significant regulatory action under section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. Accordingly, OMB has not reviewed it under these Orders. The changes proposed by this rule would reduce the registration fees paid by motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies to the UCR Plan and the participating States. While each motor carrier would realize a reduced burden, fees are considered by OMB Circular A–4, Regulatory Analysis as transfer payments, not costs. Transfer payments are payments from one group to another that do not affect total resources available to society. By definition, transfers are not considered in the monetization of societal costs and benefits of rulemakings. This rule would establish reductions in the annual registration fees for the UCR Plan and Agreement. The entities affected by this rule are the participating States, motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. Because the State UCR revenue entitlements would remain unchanged, the participating States would not be impacted by this rule. The primary impact of this rule would be a reduction in fees paid by individual motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The recommended reduction from the current 2020 registration year fees (approved by the Board on August 12, 2021) would be between $16 and $15,350 per entity, depending on the PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 number of vehicles owned or operated by the affected entities. B. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801–808), OIRA designated this rule as not a ‘‘major rule.’’ 1 C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),2 requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term small entities comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. 5 U.S.C. 601(6). Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses. This proposed rule would directly affect the participating States, motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. Under the standards of the RFA, as amended by the SBREFA, the participating States are not small entities. States are not considered small entities because they do not meet the definition of a small entity in section 601 of the RFA. Specifically, States are not considered small governmental jurisdictions under section 601(5) of the RFA, both because State government is not included among the various levels of government listed in section 601(5), and because, even if this were the case, no State or the District of Columbia has a population of less than 50,000, which is the criterion by which a governmental jurisdiction is considered small under section 601(5) of the RFA. The Small Business Administration’s (SBA) size standard for a small entity 1 A ‘‘major rule’’ means any rule that the Office of Management and Budget finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, geographic regions, Federal, State, or local government agencies; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets (49 CFR 389.3). 2 Public Law 104–121, 110 Stat. 857, (Mar. 29, 1996). E:\FR\FM\24JAP1.SGM 24JAP1 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules jspears on DSK121TN23PROD with PROPOSALS1 (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 2017 Economic Census data 3 for two different industries, truck transportation (Subsector 484) and transit and ground transportation (Subsector 485). According to the 2017 Economic Census, approximately 99.4 percent of truck transportation firms, and approximately 99.2 percent of transit and ground transportation firms, had annual revenue less than the SBA’s revenue thresholds of $30 million and $16.5 million, respectively, to be defined as a small entity. Therefore, FMCSA has determined that this rule would impact a substantial number of small entities. However, FMCSA has determined that this rule would not have a significant impact on the affected entities. The effect of this rule would be to reduce the annual registration fee motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies are currently required to pay. The reduction will range from $16 to $15,350 per entity, depending on the number of vehicles owned and/or operated by the affected entities. Consequently, I certify that the proposed action would not have a significant economic impact on a substantial number of small entities. D. Assistance for Small Entities In accordance with section 213(a) of the SBREFA small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the SBA’s Small Business and Agriculture Regulatory Enforcement Ombudsman (Office of the National Ombudsman, see https://www.sba.gov/ about-sba/oversight-advocacy/officenational-ombudsman) and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1– 888–REG–FAIR (1–888–734–3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. 3 U.S. Census Bureau, 2017 US Economic Census. Available at: https://data.census.gov/cedsci/ table?q=United%20States&t=Value%20 of%20Sales,%20Receipts,%20Revenue, %20or%20Shipments&n=484& tid=ECNSIZE2017.EC1700SIZEREVEST &hidePreview=true (accessed Dec. 28, 2021). VerDate Sep<11>2014 17:07 Jan 21, 2022 Jkt 256001 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 $170 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2020 levels) or more in any 1 year. Although this proposed rule would not result in such an expenditure, the Agency discusses the effects of this rule elsewhere in this preamble. F. Paperwork Reduction Act This proposed rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). G. E.O. 13132 (Federalism) A rule has implications for federalism under section 1(a) of E.O. 13132 if it has ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA has determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. H. Privacy The Consolidated Appropriations Act, 2005,4 requires the Agency to assess the privacy impact of a regulation that will affect the privacy of individuals. This NPRM would not require the collection of personally identifiable information. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program. The E-Government Act of 2002,5 requires Federal agencies to conduct a Privacy Impact Assessment (PIA) for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or 4 Public Law 108–447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a (Dec. 4, 2014). 5 Public Law 107–347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 2002). PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 3493 substantially changed technology would collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a PIA. In addition, the Agency submitted a Privacy Threshold Assessment (PTA) to evaluate the risks and effects the proposed rulemaking might have on collecting, storing, and sharing personally identifiable information. The PTA has been submitted to FMCSA’s Privacy Officer for review and preliminary adjudication and to DOT’s Privacy Officer for review and final adjudication. I. E.O. 13175 (Indian Tribal Governments) This rule does not have Tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. J. National Environmental Policy Act of 1969 FMCSA analyzed this proposed rule pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2, paragraph 6.h. The Categorical Exclusion (CE) in paragraph 6.h. covers regulations and actions taken pursuant to regulation implementing procedures to collect fees that will be charged for motor carrier registrations. The proposed requirements in this rule are covered by this CE and do not have any effect on the quality of the environment. List of Subjects in 49 CFR Part 367 Intergovernmental relations, Motor carriers, Brokers, Freight Forwarders. 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. Remove §§ 367.20, 367.30, 367.40 and 367.50. ■ E:\FR\FM\24JAP1.SGM 24JAP1 3494 ■ Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules § 367.60 Fees under the Unified Carrier Registration Plan and Agreement for registration years beginning in 2020 and ending in 2022. 3. Revise § 367.60 to read as follows: TABLE 1 TO § 367.60—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION YEARS BEGINNING IN 2020 AND ENDING IN 2022 Bracket B1 B2 B3 B4 B5 B6 ................. ................. ................. ................. ................. ................. 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 0–2 .................................................................................................................................... 3–5 .................................................................................................................................... 6–20 .................................................................................................................................. 21–100 .............................................................................................................................. 101–1,000 ......................................................................................................................... 1,001 and above ............................................................................................................... $59 176 351 1,224 5,835 56,977 Fee per entity for broker or leasing company $59 § 367.70 Fees under the Unified Carrier Registration Plan and Agreement for Registration Years Beginning in 2023 and Each Subsequent Registration Year Thereafter. 4. Add new § 367.70 to read as follows: ■ TABLE 1 TO § 367.70—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION YEARS BEGINNING IN 2023 AND EACH SUBSEQUENT REGISTRATION YEAR THEREAFTER Bracket B1 B2 B3 B4 B5 B6 ................. ................. ................. ................. ................. ................. 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 0–2 .................................................................................................................................... 3–5 .................................................................................................................................... 6–20 .................................................................................................................................. 21–100 .............................................................................................................................. 101–1,000 ......................................................................................................................... 1,001 and above ............................................................................................................... $43 129 256 894 4,263 41,627 Issued under authority delegated in 49 CFR 1.87. Meera Joshi, Deputy Administrator. [FR Doc. 2022–01022 Filed 1–21–22; 8:45 am] jspears on DSK121TN23PROD with PROPOSALS1 BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:07 Jan 21, 2022 Jkt 256001 PO 00000 Frm 00045 Fmt 4702 Sfmt 9990 E:\FR\FM\24JAP1.SGM 24JAP1 Fee per entity for broker or leasing company $43

Agencies

[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Proposed Rules]
[Pages 3489-3494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01022]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2022-0001]
RIN 2126-AC51


Fees for the Unified Carrier Registration Plan and Agreement

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: FMCSA is proposing reductions in the annual registration fees 
States collect from motor carriers, motor private carriers of property, 
brokers, freight forwarders, and leasing companies for the Unified 
Carrier Registration (UCR) Plan and Agreement for the 2023 year and 
subsequent registration years. The proposed fees for the 2023 
registration year would be reduced below the fees for 2022 by 
approximately 27 percent. The reduction in annual registration fees 
would be between $16 and $15,350 per entity, depending on the number of 
vehicles owned or operated by the affected entities.

DATES: Comments must be received on or before February 23, 2022.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0001 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0001/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.

[[Page 3490]]

     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office 
of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, [email protected]. If you have 
questions on viewing or submitting material to the docket, call Dockets 
Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION: 
    FMCSA organizes this notice of proposed rulemaking (NPRM) as 
follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Executive Summary
    A. Purpose and Summary of the Regulatory Action
    B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. International Impacts
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 
(Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures
    B. Congressional Review Act
    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. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (FMCSA-2022-0001), indicate the specific section of this document 
to which your comment applies, and provide a reason for each suggestion 
or recommendation. You may submit your comments and material online or 
by fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0001/document, click on this NPRM, click ``Comment,'' 
and type your comment into the text box on the following screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. 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.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the NPRM contain commercial or financial 
information that is customarily treated as private, that you actually 
treat as private, and that is relevant or responsive to the NPRM, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission that constitutes CBI as 
``PROPIN'' to indicate it contains proprietary information. FMCSA will 
treat such marked submissions as confidential under the Freedom of 
Information Act, and they will not be placed in the public docket of 
the NPRM. Submissions containing CBI should be sent to Mr. Brian 
Dahlin, Chief, Regulatory Analysis Division, Office of Policy, FMCSA, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any comments 
FMCSA receives not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2022-0001X/document and 
choose the document to review. To view comments, click this NPRM, then 
click ``Browse Comments.'' If you do not have access to the internet, 
you may view the docket online by visiting Dockets Operations in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

C. Privacy Act

    DOT solicits comments from the public to better inform its 
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL 14--Federal Docket Management System 
(FDMS)), which can be reviewed at www.transportation.gov/privacy.

II. Executive Summary

A. Purpose and Summary of the Regulatory Action

    The UCR Plan and the 41 States participating in the UCR Agreement 
establish and collect fees from motor carriers, motor private carriers 
of property, brokers, freight forwarders, and leasing companies. The 
UCR Plan and Agreement are administered by a 15-member board of 
directors: 14 appointed from the participating States and the industry, 
plus the Deputy Administrator of FMCSA. Revenues collected are 
allocated to the participating States and the UCR Plan.
    In accordance with 49 U.S.C. 14504a(f)(1)(E)(ii), fee adjustments 
must be requested by the UCR Plan when annual revenues exceed the 
maximum allowed. Also, if there are excess funds after payments to the 
States and for administrative costs, they are retained in the UCR 
Plan's depository, and subsequent fees must be reduced as required by 
49 U.S.C. 14504a(h)(4). These two distinct provisions are the basis for 
the two elements of the adjustment proposed in this rule. This NPRM 
proposes to reduce the annual registration fees established pursuant to 
the UCR Agreement for 2023 and subsequent years.
    The UCR Board has estimated future period collections using an 
average of the collections of the past 3 closed years. It also 
considered that there has been no change to the administrative 
authorized allowance since 2020 and recommended a modest increase in 
the allowance.
    Considering all of this, the UCR Board recommended that FMCSA adopt 
the fees listed below.

[[Page 3491]]



                                        2022 vs. 2023 Fee Recommendation
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Number of power units.............          0-2          3-5         6-20       21-100     101-1000    1,001 and
                                                                                                           above
2022 Fee (Current)................          $59         $176         $351       $1,224       $5,835      $56,977
2023 Fee (Recommended)............          $43         $129         $256         $894       $4,263      $41,627
                                   -----------------------------------------------------------------------------
    Change........................        ($16)        ($47)        ($95)       ($330)     ($1,572)    ($15,350)
----------------------------------------------------------------------------------------------------------------

B. Costs and Benefits

    The changes proposed in this NPRM would reduce the fees paid by 
motor carriers, motor private carriers of property, brokers, freight 
forwarders, and leasing companies to the UCR Plan and the participating 
States. While each motor carrier or other entity would realize a 
reduced monetary burden, fees are considered by the Office of 
Management and Budget (OMB) Circular A-4, Regulatory Analysis as 
transfer payments, not costs. Transfer payments are payments from one 
group to another that do not affect total resources available to 
society. Therefore, transfers are not considered in the monetization of 
societal costs and benefits of rulemakings.

III. Abbreviations

CAA Clean Air Act
CBI Confidential Business Information
CE Categorical Exclusion
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
OMB Office of Management and Budget
PIA Privacy Impact Assessment
RFA Regulatory Flexibility Act
SBA Small Business Association
SBREFA Small Business Regulatory Enforcement Fairness Act
Secretary Secretary of Transportation
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 adjust the annual registration fees required 
by the UCR Agreement established by 49 U.S.C. 14504a. The requested fee 
adjustments are required by 49 U.S.C. 14504a because, for registration 
year 2022, the total revenues collected are expected to exceed the 
maximum annual revenue entitlements of $107.78 million distributed to 
the 41 participating States plus the amount established for the 
administrative costs associated with the UCR Plan and Agreement. The 
UCR Plan submitted the requested adjustments in accordance with 49 
U.S.C. 14504a(f)(1)(E)(ii), which requires the UCR Plan to request an 
adjustment by the Secretary when the annual revenues exceed the maximum 
allowed. In addition, 49 U.S.C. 14504a(h)(4) states that any excess 
funds from previous registration years held by the UCR Plan in its 
depository, after distribution to the States and for payment of 
administrative costs, shall be retained ``and the fees charged . . . 
shall be reduced by the Secretary accordingly.''
    The UCR Plan is also requesting approval of a revised total revenue 
to be collected because of an adjustment in the amount for costs of 
administering the UCR Agreement. No changes in the revenue allocations 
to the participating States have been recommended by the UCR Plan. The 
revised total revenue must be approved in accordance with 49 U.S.C. 
14504a(d)(7).
    The Secretary also has broad rulemaking authority in 49 U.S.C. 
13301(a) to carry out 49 U.S.C. 14504a, which is part of 49 U.S.C. 
subtitle IV, part B. Authority to administer these statutory provisions 
has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and 
(7).

V. Background

    FMCSA issued a final rule in early 2020 establishing the current 
level of UCR registration fees. 85 FR 8192 (Feb. 13, 2020). The 2020 
rule reflected reductions recommended by the UCR Plan in the annual 
registration fees the States collected from motor carriers, motor 
private carriers of property, brokers, freight forwarders, and leasing 
companies for the registration years beginning in 2020. This level of 
fees has remained in effect for registration years since 2020. The UCR 
Plan has recommended that these fees remain in effect during 2022 and 
has recommended a significant reduction to be effective for 
registration year 2023.
    The UCR Plan's latest recommendation includes an increase in the 
amount of the administrative cost allowance from $4 million to $4.25 
million for the 2023 registration year. The increase of $250,000 
recommended by the UCR Plan was based on estimates of future 
administrative cost allowances needed to operate the UCR Plan and 
Agreement. No changes in the State revenue entitlements are 
recommended, and the entitlement figures for 2023 for the 41 
participating States are the same as those previously approved for the 
years 2010 through 2022. Therefore, for registration year 2023 and 
subsequent registration years, the UCR Plan recommends total revenue to 
be collected of $112,027,060 (rounded to the nearest dollar). FMCSA 
proposes to approve this recommendation for the total revenue to be 
collected by the UCR Plan, as shown in the following table.

   State UCR Revenue Entitlements and Final 2023 Total Revenue Target
------------------------------------------------------------------------
                                                         Total 2023 UCR
                        State                               revenue
                                                          entitlements
------------------------------------------------------------------------
Alabama..............................................      $2,939,964.00
Arkansas.............................................       1,817,360.00
California...........................................       2,131,710.00
Colorado.............................................       1,801,615.00
Connecticut..........................................       3,129,840.00
Georgia..............................................       2,660,060.00
Idaho................................................         547,696.68
Illinois.............................................       3,516,993.00
Indiana..............................................       2,364,879.00
Iowa.................................................         474,742.00
Kansas...............................................       4,344,290.00
Kentucky.............................................       5,365,980.00
Louisiana............................................       4,063,836.00
Maine................................................       1,555,672.00
Massachusetts........................................       2,282,887.00
Michigan.............................................       7,520,717.00
Minnesota............................................       1,137,132.30
Missouri.............................................       2,342,000.00
Mississippi..........................................       4,322,100.00
Montana..............................................       1,049,063.00
Nebraska.............................................         741,974.00
New Hampshire........................................       2,273,299.00
New Mexico...........................................       3,292,233.00
New York.............................................       4,414,538.00
North Carolina.......................................         372,007.00
North Dakota.........................................       2,010,434.00
Ohio.................................................       4,813,877.74
Oklahoma.............................................       2,457,796.00
Pennsylvania.........................................       4,945,527.00
Rhode Island.........................................       2,285,486.00
South Carolina.......................................       2,420,120.00
South Dakota.........................................         855,623.00
Tennessee............................................       4,759,329.00
Texas................................................       2,718,628.06
Utah.................................................       2,098,408.00
Virginia.............................................       4,852,865.00
Washington...........................................       2,467,971.00
West Virginia........................................       1,431,727.03
Wisconsin............................................       2,196,680.00
                                                      ------------------
  Sub-Total..........................................     106,777,059.81
Alaska...............................................         500,000.00
Delaware.............................................         500,000.00
                                                      ------------------
  Total State Revenue Entitlement....................     107,777,060.00

[[Page 3492]]

 
Administrative Costs.................................       4,250,000.00
                                                      ------------------
  Total Revenue Target...............................     112,027,060.00
------------------------------------------------------------------------

VI. Discussion of Proposed Rulemaking

    On August 26, 2021, the UCR Plan Board of Directors sent a letter 
to the Secretary of the Department of Transportation (available in the 
docket for this rule), stating that the Board met on August 12, 2021, 
and voted to approve their ``2023 Fee Proposal'' plan and recommend 
that FMCSA adopt the fee reductions therein. The letter states the 
justification for reducing the fees, and the attachment explains how 
the adjustment was determined.
    FMCSA has reviewed the formal recommendation from the UCR Plan and 
proposes to approve the recommended adjustment in the fees, including 
the adjustment in the allowance for costs necessary to continue 
administering the UCR Agreement and the UCR Plan. Overall, the UCR Plan 
and the Agency agree on the reduction of the current fees for 2023 and 
subsequent registration years, and that there would be no change in the 
revenue entitlements for the 41 participating States.

VII. 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)).

VIII. Section-by-Section Analysis

    In this NPRM, FMCSA proposes that the provisions of 49 CFR 367.60 
(which were adopted in the 2020 final rule) would be revised so that 
the fees in that section would apply to registration years 2020, 2021, 
and 2022 only. A new 49 CFR 367.70 would establish new reduced fees 
applicable beginning in registration year 2023. These fees would remain 
in effect for subsequent registration years after 2023 unless revised 
in the future.
    FMCSA also proposes to remove 49 CFR 367.20, 367.30, 367.40, and 
367.50. These sections established fees applicable for registration 
years from 2007 to and including 2019. The UCR Plan is no longer 
collecting fees for those registration years and these sections should 
be removed to avoid any uncertainty about the applicable fees.

IX. 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 has considered the impact of this notice of proposed 
rulemaking under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory 
Planning and Review, E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving 
Regulation and Regulatory Review, and DOT's regulatory policies and 
procedures. The Office of Information and Regulatory Affairs (OIRA) 
within OMB determined that this notice of proposed rulemaking is not a 
significant regulatory action under section 3(f) of E.O. 12866, as 
supplemented by E.O. 13563, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. 
Accordingly, OMB has not reviewed it under these Orders.
    The changes proposed by this rule would reduce the registration 
fees paid by motor carriers, motor private carriers of property, 
brokers, freight forwarders, and leasing companies to the UCR Plan and 
the participating States. While each motor carrier would realize a 
reduced burden, fees are considered by OMB Circular A-4, Regulatory 
Analysis as transfer payments, not costs. Transfer payments are 
payments from one group to another that do not affect total resources 
available to society. By definition, transfers are not considered in 
the monetization of societal costs and benefits of rulemakings.
    This rule would establish reductions in the annual registration 
fees for the UCR Plan and Agreement. The entities affected by this rule 
are the participating States, motor carriers, motor private carriers of 
property, brokers, freight forwarders, and leasing companies. Because 
the State UCR revenue entitlements would remain unchanged, the 
participating States would not be impacted by this rule. The primary 
impact of this rule would be a reduction in fees paid by individual 
motor carriers, motor private carriers of property, brokers, freight 
forwarders, and leasing companies. The recommended reduction from the 
current 2020 registration year fees (approved by the Board on August 
12, 2021) would be between $16 and $15,350 per entity, depending on the 
number of vehicles owned or operated by the affected entities.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), OIRA 
designated this rule as not a ``major rule.'' \1\
---------------------------------------------------------------------------

    \1\ A ``major rule'' means any rule that the Office of 
Management and Budget finds has resulted in or is likely to result 
in (a) an annual effect on the economy of $100 million or more; (b) 
a major increase in costs or prices for consumers, individual 
industries, geographic regions, Federal, State, or local government 
agencies; or (c) significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability 
of United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets (49 CFR 389.3).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA),\2\ requires Federal agencies to consider the effects of 
the regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term small entities 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 5 
U.S.C. 601(6). Accordingly, DOT policy requires an analysis of the 
impact of all regulations on small entities, and mandates that agencies 
strive to lessen any adverse effects on these businesses.
---------------------------------------------------------------------------

    \2\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    This proposed rule would directly affect the participating States, 
motor carriers, motor private carriers of property, brokers, freight 
forwarders, and leasing companies. Under the standards of the RFA, as 
amended by the SBREFA, the participating States are not small entities. 
States are not considered small entities because they do not meet the 
definition of a small entity in section 601 of the RFA. Specifically, 
States are not considered small governmental jurisdictions under 
section 601(5) of the RFA, both because State government is not 
included among the various levels of government listed in section 
601(5), and because, even if this were the case, no State or the 
District of Columbia has a population of less than 50,000, which is the 
criterion by which a governmental jurisdiction is considered small 
under section 601(5) of the RFA.
    The Small Business Administration's (SBA) size standard for a small 
entity

[[Page 3493]]

(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 2017 Economic Census data \3\ for 
two different industries, truck transportation (Subsector 484) and 
transit and ground transportation (Subsector 485).
---------------------------------------------------------------------------

    \3\ U.S. Census Bureau, 2017 US Economic Census. Available at: 
https://data.census.gov/cedsci/table?q=United%20States&t=Value%20of%20Sales,%20Receipts,%20Revenue,%20or%20Shipments&n=484&tid=ECNSIZE2017.EC1700SIZEREVEST&hidePreview=true (accessed Dec. 28, 2021).
---------------------------------------------------------------------------

    According to the 2017 Economic Census, approximately 99.4 percent 
of truck transportation firms, and approximately 99.2 percent of 
transit and ground transportation firms, had annual revenue less than 
the SBA's revenue thresholds of $30 million and $16.5 million, 
respectively, to be defined as a small entity. Therefore, FMCSA has 
determined that this rule would impact a substantial number of small 
entities. However, FMCSA has determined that this rule would not have a 
significant impact on the affected entities. The effect of this rule 
would be to reduce the annual registration fee motor carriers, motor 
private carriers of property, brokers, freight forwarders, and leasing 
companies are currently required to pay. The reduction will range from 
$16 to $15,350 per entity, depending on the number of vehicles owned 
and/or operated by the affected entities.
    Consequently, I certify that the proposed action would not have a 
significant economic impact on a substantial number of small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the SBREFA small businesses 
may send comments on the actions of Federal employees who enforce or 
otherwise determine compliance with Federal regulations to the SBA's 
Small Business and Agriculture Regulatory Enforcement Ombudsman (Office 
of the National Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business 
Regulatory Fairness Boards. The Ombudsman evaluates these actions 
annually and rates each agency's responsiveness to small business. If 
you wish to comment on actions by employees of FMCSA, call 1-888-REG-
FAIR (1-888-734-3247). DOT has a policy regarding the rights of small 
entities to regulatory enforcement fairness and an explicit policy 
against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
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 $170 million (which is the 
value equivalent of $100 million in 1995, adjusted for inflation to 
2020 levels) or more in any 1 year. Although this proposed rule would 
not result in such an expenditure, the Agency discusses the effects of 
this rule elsewhere in this preamble.

F. Paperwork Reduction Act

    This proposed rule contains no new information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    FMCSA has determined that this rule would not have substantial 
direct costs on or for States, nor would it limit the policymaking 
discretion of States. Nothing in this document preempts any State law 
or regulation. Therefore, this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Impact 
Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\4\ requires the Agency 
to assess the privacy impact of a regulation that will affect the 
privacy of individuals. This NPRM would not require the collection of 
personally identifiable information.
---------------------------------------------------------------------------

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

    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002,\5\ requires Federal agencies to 
conduct a Privacy Impact Assessment (PIA) for new or substantially 
changed technology that collects, maintains, or disseminates 
information in an identifiable form. No new or substantially changed 
technology would collect, maintain, or disseminate information as a 
result of this rule. Accordingly, FMCSA has not conducted a PIA.
---------------------------------------------------------------------------

    \5\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 
2002).
---------------------------------------------------------------------------

    In addition, the Agency submitted a Privacy Threshold Assessment 
(PTA) to evaluate the risks and effects the proposed rulemaking might 
have on collecting, storing, and sharing personally identifiable 
information. The PTA has been submitted to FMCSA's Privacy Officer for 
review and preliminary adjudication and to DOT's Privacy Officer for 
review and final adjudication.

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

    This rule does not have Tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this proposed rule pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2, 
paragraph 6.h. The Categorical Exclusion (CE) in paragraph 6.h. covers 
regulations and actions taken pursuant to regulation implementing 
procedures to collect fees that will be charged for motor carrier 
registrations. The proposed requirements in this rule are covered by 
this CE and do not have any effect on the quality of the environment.

List of Subjects in 49 CFR Part 367

    Intergovernmental relations, Motor carriers, Brokers, Freight 
Forwarders.

    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

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

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

0
2. Remove Sec. Sec.  367.20, 367.30, 367.40 and 367.50.

[[Page 3494]]

0
3. Revise Sec.  367.60 to read as follows:


Sec.  367.60   Fees under the Unified Carrier Registration Plan and 
Agreement for registration years beginning in 2020 and ending in 2022.

  Table 1 to Sec.   367.60--Fees Under the Unified Carrier Registration
 Plan and Agreement for Registration Years Beginning in 2020 and Ending
                                 in 2022
------------------------------------------------------------------------
                      Number of
                      commercial
                    motor vehicles
                       owned or       Fee per entity
                     operated by    for exempt or non-
                    exempt or non-     exempt motor      Fee per entity
     Bracket         exempt motor     carrier, motor     for broker or
                    carrier, motor   private carrier,   leasing company
                       private          or freight
                     carrier, or        forwarder
                       freight
                      forwarder
------------------------------------------------------------------------
B1...............  0-2............                $59                $59
B2...............  3-5............                176
B3...............  6-20...........                351
B4...............  21-100.........              1,224
B5...............  101-1,000......              5,835
B6...............  1,001 and above             56,977
------------------------------------------------------------------------

0
4. Add new Sec.  367.70 to read as follows:


Sec.  367.70  Fees under the Unified Carrier Registration Plan and 
Agreement for Registration Years Beginning in 2023 and Each Subsequent 
Registration Year Thereafter.

  Table 1 to Sec.   367.70--Fees Under the Unified Carrier Registration
  Plan and Agreement for Registration Years Beginning in 2023 and Each
                 Subsequent Registration Year Thereafter
------------------------------------------------------------------------
                      Number of
                      commercial
                    motor vehicles
                       owned or       Fee per entity
                     operated by    for exempt or non-
                    exempt or non-     exempt motor      Fee per entity
     Bracket         exempt motor     carrier, motor     for broker or
                    carrier, motor   private carrier,   leasing company
                       private          or freight
                     carrier, or        forwarder
                       freight
                      forwarder
------------------------------------------------------------------------
B1...............  0-2............                $43                $43
B2...............  3-5............                129
B3...............  6-20...........                256
B4...............  21-100.........                894
B5...............  101-1,000......              4,263
B6...............  1,001 and above             41,627
------------------------------------------------------------------------


    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-01022 Filed 1-21-22; 8:45 am]
BILLING CODE 4910-EX-P