Fees for the Unified Carrier Registration Plan and Agreement, 16207-16212 [2023-05292]
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[FR Doc. 2023–05341 Filed 3–15–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2023–0008]
RIN 2126–AC62
Fees for the Unified Carrier
Registration Plan and Agreement
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
FMCSA is proposing to
amend regulations for 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 2024 registration year
and subsequent registration years. The
fees for the 2024 registration year would
be reduced below the fees for 2023 by
approximately 9 percent overall, with
varying reductions between $4 and
$3,453 per entity, depending on the
applicable fee bracket.
DATES: Comments must be received on
or before April 17, 2023.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2023–0008 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2023-0008/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
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SUMMARY:
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New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• 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 NPRM as
follows:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Executive Summary
A. Purpose and Summary of the Regulatory
Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT Regulatory
Policies and Procedures
B. Congressional Review Act
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of
1969
I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
NPRM (FMCSA–2023–0008), 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
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16207
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2023-0008/document, click on
this NPRM, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
FMCSA will consider all comments
and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the NPRM contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to the
NPRM, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission that constitutes CBI as
‘‘PROPIN’’ to indicate it contains
proprietary information. FMCSA will
treat such marked submissions as
confidential under the Freedom of
Information Act, and they will not be
placed in the public docket of the
NPRM. Submissions containing CBI
should be sent to Mr. Brian Dahlin,
Chief, Regulatory Evaluation Division,
Office of Policy, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001. Any comments FMCSA
receives not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2023-0008/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
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Proposed Rules
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
C. Privacy
DOT solicits comments from the
public to better inform its regulatory
process, in accordance with 5 U.S.C.
553(c). DOT posts these comments,
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), which can be reviewed at
https://www.govinfo.gov/content/pkg/
FR-2008-01-17/pdf/E8-785.pdf.
II. Executive Summary
A. Purpose and Summary of the
Regulatory Action
Under 49 U.S.C. 14504a, the UCR
Plan and the 41 States participating in
the UCR Agreement collect fees from
motor carriers, motor private carriers of
property, brokers, freight forwarders,
and leasing companies. The UCR Plan
and Agreement are administered by a
15-member board of directors (UCR Plan
Board): 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(d)(7) and (f)(1)(E)(ii), the UCR
Plan Board provides fee adjustment
recommendations to the Secretary when
revenue collections result in a shortfall
or surplus from the amount authorized
by statute. If there are excess funds after
payments to the States and for
administrative costs, they are retained
in the UCR Plan’s depository, and fees
in subsequent fee years must be reduced
as required by 49 U.S.C. 14504a(h)(4).
These two distinct provisions each
contribute to the fee adjustment in this
NPRM, which proposes to reduce by
approximately 9 percent the annual
registration fees established pursuant to
the UCR Agreement for the 2024
registration year and subsequent years.
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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 covered entity
might realize a reduced burden, fees are
considered by the Office of Management
and Budget (OMB) Circular A–4,
Regulatory Analysis, as transfer
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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
APA Administrative Procedure Act
CBI Confidential Business Information
CE Categorical Exclusion
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety
Administration
FR Federal Register
NAICS North American Industry
Classification System
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
OOIDA Owner-Operator Independent
Drivers Association
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory
Enforcement Fairness Act of 1996
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis
This rulemaking would adjust the
annual registration fees required by the
UCR Agreement established by 49
U.S.C. 14504a. The fee adjustments are
authorized by 49 U.S.C. 14504a because
the total revenues collected for previous
registration years exceed the maximum
annual revenue entitlements of $107.78
million distributed to the 41
participating States plus the amount
established for administrative costs
associated with the UCR Plan and
Agreement. The UCR Plan Board
submitted the requested adjustments in
accordance with 49 U.S.C.
14504a(f)(1)(E)(ii), which provides for
the UCR Plan Board to request an
adjustment by the Secretary of
Transportation (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,
(49 U.S.C. 14504a(h)(4)).
The UCR Plan Board must also obtain
DOT approval to revise the total revenue
to be collected, in accordance with 49
U.S.C. 14504a(d)(7). This rulemaking
would grant the UCR Plan Board’s
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requested increase in total revenues to
be collected to address anticipated
increased costs of administering the
UCR Agreement. No changes in the
revenue allocations to the participating
States were recommended by the UCR
Plan Board or would be authorized by
this rulemaking.
The Secretary also has broad
rulemaking authority in 49 U.S.C.
13301(a) to carry out 49 U.S.C. 14504a,
which is part of 49 U.S.C. subtitle IV,
part B. Authority to administer these
statutory provisions has been delegated
to the FMCSA Administrator by 49 CFR
1.87(a)(2) and (7).
V. Background
This NPRM follows a 2022 final rule
(Fees for the Unified Carrier Registration
Plan and Agreement, final rule)
published on September 1, 2022 (87 FR
53680), as corrected on September 8,
2022 (87 FR 54902). That final rule
reduced the fees by approximately 31
percent from the fees for 2022.
On November 18, 2022, the UCR Plan
Board recommended that FMCSA
reduce the fees for 2024 no later than
September 1, 2023, to allow collections
to begin on October 1, 2023. This
recommendation and supporting
documents are available in the docket
for this rulemaking. In addition to the
fee recommendation information from
the UCR Plan Board, this submission
also included an explanation of the
basis for the recommendation and the
procedures the UCR Plan followed in
developing it. This fee recommendation
also included an accounting of the
methodology used when calculating the
fee, which will facilitate public
comment and allow replication of the
analysis in the UCR Plan’s
recommendation.
VI. Discussion of Proposed Rulemaking
This NPRM proposes to reduce fees
by approximately 9 percent for the 2024
registration year, compared to the fees
for 2023. The UCR Plan Board slightly
modified its methodology for
developing the recommendation from
previous years, when it was based on
minimum collections, as the previous
methodology consistently resulted in an
underestimation of collections. The
UCR Plan Board’s recommendation now
uses an average of the historical
monthly collections over the prior 3year period to determine projected
collections, which will yield a more
accurate result. For more information
about this change in the methodology,
please see the UCR Plan Board’s
recommendation, which is available in
the docket for this rulemaking.
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The UCR Plan Board did not make a
fee recommendation for the 2025
registration year, but the
recommendation for the 2024
registration year anticipates an increase
in fees for 2025, following the large fee
decreases in the previous years.
VII. Section-by-Section Analysis
FMCSA proposes to revise 49 CFR
367.30 (which was adopted in the 2022
final rule) so that the fees apply to
registration year 2023 only. A new
§ 367.40 proposes to establish new
reduced fees applicable beginning in
registration year 2024, based on the
recommendation submitted by the UCR
Plan Board in its November 18, 2022,
Fee Recommendation. The fees in
proposed new § 367.40 would remain in
effect for subsequent registration years
after 2024 unless revised by a future
rulemaking.
VIII. Regulatory Analyses
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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 NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR
3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and
DOT’s regulatory policies and
procedures. The Office of Information
and Regulatory Affairs within the Office
of Management and Budget (OMB)
determined that this NPRM 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 that E.O.
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 rulemaking would establish
reductions in the annual registration
fees for the UCR Plan and Agreement.
The entities affected by this rule are the
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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 reduction
in fees for the 2024 registration year
from the current 2023 registration year
fees (approved on September 1, 2022)
would be approximately 9 percent,
ranging from $4 to $3,453 per entity,
depending on the number of vehicles
owned or operated by the affected
entities.
B. Congressional Review Act
This rule is not a major rule as
defined under the Congressional Review
Act (5 U.S.C. 801–808).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 rulemaking would directly affect
the participating States, motor carriers,
motor private carriers of property,
brokers, freight forwarders, and leasing
companies. Under the standards of the
RFA, as amended by SBREFA, the
participating States are not small
entities. States are not considered small
entities because they do not meet the
1A
major rule means any rule that OMB finds has
resulted in or is likely to result in (a) an annual
effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers,
individual industries, geographic regions, Federal,
State, or local government agencies; or (c)
significant adverse effects on competition,
employment, investment, productivity, innovation,
or on the ability of United States-based enterprises
to compete with foreign-based enterprises in
domestic and export markets (5 U.S.C. 802(4)).
2 Public Law 104–121, 110 Stat. 857, (Mar. 29,
1996).
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16209
definition of a small entity in section
601 of the RFA. Specifically, States are
not considered small governmental
jurisdictions under section 601(5) of the
RFA, both because State government is
not included among the various levels
of government listed in section 601(5),
and because, even if this were the case,
no State or the District of Columbia has
a population of less than 50,000, which
is the criterion by which a governmental
jurisdiction is considered small under
section 601(5) of the RFA.
The Small Business Administration’s
(SBA’s) size standard for a small entity
(13 CFR 121.201) differs by industry
code. The entities affected by this rule
fall into many different industry codes.
In order to determine if this rule would
have an impact on a significant number
of small entities, FMCSA examined the
2012 and 2017 Economic Census data
for two different North American
Industry Classification System (NAICS)
industries: Truck Transportation
(subsector 484) and Transit and Ground
Transportation (subsector 485).
As shown in the table below, the SBA
size standards for the national
industries under the Truck
Transportation and Transit and Ground
Transportation subsectors range from
$16.5 million to $38 million in revenue
per year.
To determine the percentage of firms
that have revenue at or below SBA’s
thresholds within each of the NAICS
national industries, FMCSA examined
data from the 2017 Economic Census.3
In instances where 2017 data were
suppressed, the Agency imputed 2012
data.4 Boundaries for the revenue
categories used in the Economic Census
do not exactly coincide with the SBA
thresholds. Instead, the SBA threshold
generally falls between two different
revenue categories. However, FMCSA
was able to make reasonable estimates
as to the percentage of small entities
within each NAICS code.
The percentages of small entities with
annual revenue less than the SBA’s
threshold ranged from 92.4 percent to
100 percent. Specifically, approximately
92.4 percent of Charter Bus Industry
(485510) firms had annual revenue less
3 U. S. Census Bureau. 2017 Economic Census.
Table EC1700SIZEEMPFIRM—Selected Sectors:
Employment Size of Firms for the U.S.: 2017.
Available at: https://www.census.gov/data/tables/
2017/econ/economic-census/naics-sector-4849.html (accessed Feb. 3, 2023).
4 U. S. Census Bureau. 2012 Economic Census.
Table EC1248SSSZ4—Transportation and
Warehousing: Subject Series—Estab & Firm Size:
Summary Statistics by Revenue Size of Firms for
the U.S.: 2012 Available at: https://
www.census.gov/data/tables/2012/econ/census/
transportation-warehousing.html (accessed Feb. 3,
2023).
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Proposed Rules
than the SBA’s revenue threshold of
$16.5 million and would be considered
small entities. FMCSA estimates 100
percent of firms in the Mixed Mode
Transit Systems (485111) national
industry had annual revenue less than
$25.5 million and would be considered
small entities. The table below shows
the complete estimates of the number of
small entities within the national
industries that may be affected by this
rule.
ESTIMATES OF NUMBER OF SMALL ENTITIES
Description
484110 .................
484121 .................
484122 .................
General Freight Trucking, Local ....................................
General Freight Trucking, Long Distance, Truckload ...
General Freight Trucking, Long Distance, Less Than
Truckload.
Used Household and Office Goods Moving ..................
Specialized Freight (except Used Goods) Trucking,
Local.
Specialized Freight (except Used Goods) Trucking,
Long Distance.
Mixed Mode Transit Systems ........................................
Bus and Other Motor Vehicle Transit Systems .............
Interurban and Rural Bus Transportation ......................
Limousine Service .........................................................
School and Employee Bus Transportation ....................
Charter Bus Industry .....................................................
Special Needs Transportation .......................................
All Other Transit and Ground Passenger Transportation.
484210 .................
484220 .................
484230 .................
485111
485113
485210
485320
485410
485510
485991
485999
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SBA size
standard in
millions
NAICS code
.................
.................
.................
.................
.................
.................
.................
.................
Therefore, while FMCSA has
determined that this rulemaking would
impact a substantial number of small
entities, it has also determined that the
rulemaking would not have a significant
impact on them. The effect of this
rulemaking would be to reduce the
annual registration fee that motor
carriers, motor private carriers of
property, brokers, freight forwarders,
and leasing companies are currently
required to pay. The reduction will be
approximately 9 percent on average,
ranging from $4 to $3,453 per entity,
depending on the number of vehicles
owned and/or operated by the affected
entities. While the RFA does not define
a threshold for determining whether a
specific regulation results in a
significant impact, the SBA, in guidance
to government agencies, provides some
objective measures of significance that
the agencies can consider using. One
measure that could be used to illustrate
a significant impact is labor costs;
specifically, whether the cost of the
regulation exceeds 1 percent of the
average annual revenues of small
entities in the sector. Given that entities
owning between 0 and 2 CMVs would
experience an average reduction of $4,
a small entity would need to have
average annual revenue of less than
$400 to experience an impact greater
than 1 percent of average annual
revenue. This is an average annual
revenue that is smaller than would be
required for a firm to support one
employee. The reduced fee amount and
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Percent of
all firms
22,066
23,557
3,138
21,950
23,045
3,050
99.5
97.8
97.2
30.0
30.0
6,097
22,797
6,041
22,631
99.1
99.3
30.0
7,310
7,042
96.3
25.5
28.5
28.0
16.5
26.5
16.5
16.5
16.5
25
318
309
3,706
2,279
1,031
2,592
1,071
25
308
302
3,649
2,226
953
2,512
1,044
100
96.9
97.7
98.5
97.7
92.4
96.9
97.5
D. Assistance for Small Entities
In accordance with section 213(a) of
SBREFA, FMCSA wants to assist small
entities in understanding this proposed
rule so they can better evaluate its
effects on themselves and participate in
the rulemaking initiative. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
SBA’s Small Business and Agriculture
Regulatory Enforcement Ombudsman
(Office of the National Ombudsman, see
https://www.sba.gov/about-sba/
oversight-advocacy/office-nationalombudsman) 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
Frm 00013
Number
of small
entities
$30.0
30.0
38.0
impact on revenue increase linearly
depending on the applicable fee bracket.
Consequently, I certify that the
proposed action would not have a
significant economic impact on a
substantial number of small entities.
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Total number
of firms
fairness and an explicit policy against
retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538, UMRA)
requires Federal agencies to assess the
effects of their discretionary regulatory
actions. The Act addresses actions that
may result in the expenditure by a State,
local, or Tribal government, in the
aggregate, or by the private sector of
$178 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2021 levels) or
more in any 1 year. Though this NPRM
would not result in such an
expenditure, and the analytical
requirements of UMRA do not apply as
a result, the Agency discusses the effects
of this rule elsewhere in this preamble.
F. Paperwork Reduction Act
This proposed rule contains no new
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism
under section 1(a) of E.O. 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
FMCSA has determined that this rule
would not have substantial direct costs
E:\FR\FM\16MRP1.SGM
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Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Proposed Rules
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,
2005,5 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 2002,6
requires Federal agencies to conduct a
Privacy Impact Assessment (PIA) for
new or substantially changed
technology that collects, maintains, or
disseminates information in an
identifiable form.
No new or substantially changed
technology would collect, maintain, or
disseminate information as a result of
this rule. Accordingly, FMCSA has not
conducted a PIA.
In addition, the Agency submitted a
Privacy Threshold Assessment (PTA) to
evaluate the risks and effects the
proposed rulemaking might have on
collecting, storing, and sharing
personally identifiable information. The
DOT Privacy Office has determined that
this rulemaking does not create privacy
risk.
I. E.O. 13175 (Indian Tribal
Governments)
This rule does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
J. National Environmental Policy Act of
1969
FMCSA analyzed this proposed rule
pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and determined this action is
categorically excluded from further
analysis and documentation in an
environmental assessment or
environmental impact statement under
FMCSA Order 5610.1 (69 FR 9680),
Appendix 2, 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.
List of Subjects in 49 CFR Part 367
Intergovernmental relations, Motor
carriers, Brokers, Freight Forwarders.
Accordingly, FMCSA proposes to
amend Title 49 CFR, subtitle B, chapter
III, part 367 as follows:
PART 367—STANDARDS FOR
REGISTRATION WITH STATES
1. The authority citation for part 367
continues to read as follows:
■
Authority: 49 U.S.C. 13301, 14504a; and
49 CFR 1.87.
■
2. Revise § 367.30 to read as follows:
§ 367.30 Fees under the Unified Carrier
Registration Plan and Agreement for
Registration Year 2023
TABLE 1 TO § 367.30—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION
YEAR 2023
Number of commercial motor vehicles owned or operated by exempt or
non-exempt motor carrier, motor private carrier, or freight forwarder
Bracket
ddrumheller on DSK120RN23PROD with PROPOSALS1
B1
B2
B3
B4
B5
B6
......................................
......................................
......................................
......................................
......................................
......................................
0–2 ...........................................................................................................................
3–5 ...........................................................................................................................
6–20 .........................................................................................................................
21–100 .....................................................................................................................
101–1,000 ................................................................................................................
1,001 and above ......................................................................................................
5 Public Law 108–447, 118 Stat. 2809, 3268, note
following 5 U.S.C. 552a (Dec. 4, 2014).
VerDate Sep<11>2014
17:37 Mar 15, 2023
Jkt 259001
6 Public Law 107–347, sec. 208, 116 Stat. 2899,
2921 (Dec. 17, 2002).
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Frm 00014
Fmt 4702
Sfmt 4702
E:\FR\FM\16MRP1.SGM
16MRP1
Fee per entity
for exempt or
non-exempt
motor carrier,
motor private
carrier, or
freight
forwarder
Fee per entity
for broker or
leasing
company
$41
121
242
844
4,024
39,289
$41
........................
........................
........................
........................
........................
16212
Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 / Proposed Rules
§ 367.40 Fees Under the Unified Carrier
Registration Plan and Agreement for
Registration Years Beginning in 2024 and
Each Subsequent Registration Year
Thereafter.
3. Add a new § 367.40 to read as
follows:
■
TABLE 1 TO § 367.40—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION
YEARS BEGINNING IN 2024 AND EACH SUBSEQUENT REGISTRATION YEAR THEREAFTER
Number of commercial motor vehicles owned or operated by exempt or
non-exempt motor carrier, motor private carrier, or freight forwarder
Bracket
B1
B2
B3
B4
B5
B6
......................................
......................................
......................................
......................................
......................................
......................................
0–2 ...........................................................................................................................
3–5 ...........................................................................................................................
6–20 .........................................................................................................................
21–100 .....................................................................................................................
101–1,000 ................................................................................................................
1,001 and above ......................................................................................................
Issued under authority delegated in 49 CFR
1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–05292 Filed 3–15–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 230309–0070; RTID 0648–
XR120]
Proposed Rule To List the Sunflower
Sea Star as Threatened Under the
Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
We, NMFS, have completed a
comprehensive status review for the
sunflower sea star, Pycnopodia
helianthoides, in response to a petition
to list this species as threatened or
endangered under the Endangered
Species Act (ESA). Based on the best
scientific and commercial information
available, including the draft status
review report, and after taking into
account efforts being made to protect
the species, we have determined that
the sunflower sea star is likely to
become an endangered species within
the foreseeable future throughout its
range. Therefore, we propose to list the
sunflower sea star as a threatened
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:37 Mar 15, 2023
Jkt 259001
species under the ESA. Should the
proposed listing be finalized, any
protective regulations under section 4(d)
of the ESA would be proposed in a
separate Federal Register notice. We do
not propose to designate critical habitat
at this time because it is not currently
determinable. We are soliciting
information to inform our final listing
determination, as well as the
development of potential protective
regulations and critical habitat
designation.
DATES: Comments on the proposed rule
to list the sunflower sea star must be
received by May 15, 2023. Public
hearing requests must be made by May
1, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0130, by either of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2021–0130 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Submit written comments to
Dayv Lowry, NMFS West Coast Region
Lacey Field Office, 1009 College St. SE,
Lacey, WA 98503, USA.
• Fax: 360–753–9517; Attn: Dayv
Lowry.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personally
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
Fee per entity
for exempt or
non-exempt
motor carrier,
motor private
carrier, or
freight
forwarder
Fee per entity
for broker or
leasing
company
$37
111
221
769
3,670
35,836
$37
........................
........................
........................
........................
........................
identifying information (e.g., name,
address), confidential business
information, or otherwise sensitive
information submitted voluntarily by
the sender will be publicly accessible.
NMFS will accept anonymous
comments (enter ‘‘N/A’’ in the required
fields if you wish to remain
anonymous).
The petition, draft status review
report (Lowry et al. 2022), Federal
Register notices, and the list of
references can be accessed
electronically online at: https://
www.fisheries.noaa.gov/species/
sunflower-sea-star. The peer review
plan and charge to peer reviewers are
available at https://www.noaa.gov/
organization/information-technology/
peer-review-plans.
FOR FURTHER INFORMATION CONTACT:
Dayv Lowry, NMFS, West Coast Region
Lacey Field Office, (253) 317–1764.
SUPPLEMENTARY INFORMATION:
Background
On August 18, 2021, we received a
petition from the Center for Biological
Diversity to list the sunflower sea star
(Pycnopodia helianthoides) as a
threatened or endangered species under
the ESA. On December 27, 2021, we
published a positive 90-day finding (86
FR 73230, December 27, 2021)
announcing that the petition presented
substantial scientific or commercial
information indicating that the
petitioned action may be warranted. We
also announced the initiation of a status
review of the species, as required by
section 4(b)(3)(A) of the ESA, and
requested information to inform the
agency’s decision on whether this
species warrants listing as threatened or
endangered.
E:\FR\FM\16MRP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Proposed Rules]
[Pages 16207-16212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05292]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 367
[Docket No. FMCSA-2023-0008]
RIN 2126-AC62
Fees for the Unified Carrier Registration Plan and Agreement
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: FMCSA is proposing to amend regulations for 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 2024 registration year and subsequent registration years. The
fees for the 2024 registration year would be reduced below the fees for
2023 by approximately 9 percent overall, with varying reductions
between $4 and $3,453 per entity, depending on the applicable fee
bracket.
DATES: Comments must be received on or before April 17, 2023.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0008 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0008/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.
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 NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving Regulation and Regulatory Review),
and DOT Regulatory Policies and Procedures
B. Congressional Review Act
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2023-0008), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0008/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Mr. Brian
Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any comments
FMCSA receives not specifically designated as CBI will be placed in the
public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2023-0008/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
[[Page 16208]]
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, 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), which
can be reviewed at https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf.
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
Under 49 U.S.C. 14504a, the UCR Plan and the 41 States
participating in the UCR Agreement collect fees from motor carriers,
motor private carriers of property, brokers, freight forwarders, and
leasing companies. The UCR Plan and Agreement are administered by a 15-
member board of directors (UCR Plan Board): 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(d)(7) and (f)(1)(E)(ii), the
UCR Plan Board provides fee adjustment recommendations to the Secretary
when revenue collections result in a shortfall or surplus from the
amount authorized by statute. If there are excess funds after payments
to the States and for administrative costs, they are retained in the
UCR Plan's depository, and fees in subsequent fee years must be reduced
as required by 49 U.S.C. 14504a(h)(4). These two distinct provisions
each contribute to the fee adjustment in this NPRM, which proposes to
reduce by approximately 9 percent the annual registration fees
established pursuant to the UCR Agreement for the 2024 registration
year and subsequent years.
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 covered entity might realize
a reduced 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
APA Administrative Procedure Act
CBI Confidential Business Information
CE Categorical Exclusion
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
NAICS North American Industry Classification System
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
OOIDA Owner-Operator Independent Drivers Association
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act of 1996
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis
This rulemaking would adjust the annual registration fees required
by the UCR Agreement established by 49 U.S.C. 14504a. The fee
adjustments are authorized by 49 U.S.C. 14504a because the total
revenues collected for previous registration years exceed the maximum
annual revenue entitlements of $107.78 million distributed to the 41
participating States plus the amount established for administrative
costs associated with the UCR Plan and Agreement. The UCR Plan Board
submitted the requested adjustments in accordance with 49 U.S.C.
14504a(f)(1)(E)(ii), which provides for the UCR Plan Board to request
an adjustment by the Secretary of Transportation (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, (49
U.S.C. 14504a(h)(4)).
The UCR Plan Board must also obtain DOT approval to revise the
total revenue to be collected, in accordance with 49 U.S.C.
14504a(d)(7). This rulemaking would grant the UCR Plan Board's
requested increase in total revenues to be collected to address
anticipated increased costs of administering the UCR Agreement. No
changes in the revenue allocations to the participating States were
recommended by the UCR Plan Board or would be authorized by this
rulemaking.
The Secretary also has broad rulemaking authority in 49 U.S.C.
13301(a) to carry out 49 U.S.C. 14504a, which is part of 49 U.S.C.
subtitle IV, part B. Authority to administer these statutory provisions
has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and
(7).
V. Background
This NPRM follows a 2022 final rule (Fees for the Unified Carrier
Registration Plan and Agreement, final rule) published on September 1,
2022 (87 FR 53680), as corrected on September 8, 2022 (87 FR 54902).
That final rule reduced the fees by approximately 31 percent from the
fees for 2022.
On November 18, 2022, the UCR Plan Board recommended that FMCSA
reduce the fees for 2024 no later than September 1, 2023, to allow
collections to begin on October 1, 2023. This recommendation and
supporting documents are available in the docket for this rulemaking.
In addition to the fee recommendation information from the UCR Plan
Board, this submission also included an explanation of the basis for
the recommendation and the procedures the UCR Plan followed in
developing it. This fee recommendation also included an accounting of
the methodology used when calculating the fee, which will facilitate
public comment and allow replication of the analysis in the UCR Plan's
recommendation.
VI. Discussion of Proposed Rulemaking
This NPRM proposes to reduce fees by approximately 9 percent for
the 2024 registration year, compared to the fees for 2023. The UCR Plan
Board slightly modified its methodology for developing the
recommendation from previous years, when it was based on minimum
collections, as the previous methodology consistently resulted in an
underestimation of collections. The UCR Plan Board's recommendation now
uses an average of the historical monthly collections over the prior 3-
year period to determine projected collections, which will yield a more
accurate result. For more information about this change in the
methodology, please see the UCR Plan Board's recommendation, which is
available in the docket for this rulemaking.
[[Page 16209]]
The UCR Plan Board did not make a fee recommendation for the 2025
registration year, but the recommendation for the 2024 registration
year anticipates an increase in fees for 2025, following the large fee
decreases in the previous years.
VII. Section-by-Section Analysis
FMCSA proposes to revise 49 CFR 367.30 (which was adopted in the
2022 final rule) so that the fees apply to registration year 2023 only.
A new Sec. 367.40 proposes to establish new reduced fees applicable
beginning in registration year 2024, based on the recommendation
submitted by the UCR Plan Board in its November 18, 2022, Fee
Recommendation. The fees in proposed new Sec. 367.40 would remain in
effect for subsequent registration years after 2024 unless revised by a
future rulemaking.
VIII. 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 NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
and DOT's regulatory policies and procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM 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 that
E.O.
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 rulemaking 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 reduction in fees for
the 2024 registration year from the current 2023 registration year fees
(approved on September 1, 2022) would be approximately 9 percent,
ranging from $4 to $3,453 per entity, depending on the number of
vehicles owned or operated by the affected entities.
B. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\1\
---------------------------------------------------------------------------
\1\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 802(4)).
---------------------------------------------------------------------------
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 rulemaking would directly affect the participating States,
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. Under the standards of the RFA, as
amended by SBREFA, the participating States are not small entities.
States are not considered small entities because they do not meet the
definition of a small entity in section 601 of the RFA. Specifically,
States are not considered small governmental jurisdictions under
section 601(5) of the RFA, both because State government is not
included among the various levels of government listed in section
601(5), and because, even if this were the case, no State or the
District of Columbia has a population of less than 50,000, which is the
criterion by which a governmental jurisdiction is considered small
under section 601(5) of the RFA.
The Small Business Administration's (SBA's) size standard for a
small entity (13 CFR 121.201) differs by industry code. The entities
affected by this rule fall into many different industry codes. In order
to determine if this rule would have an impact on a significant number
of small entities, FMCSA examined the 2012 and 2017 Economic Census
data for two different North American Industry Classification System
(NAICS) industries: Truck Transportation (subsector 484) and Transit
and Ground Transportation (subsector 485).
As shown in the table below, the SBA size standards for the
national industries under the Truck Transportation and Transit and
Ground Transportation subsectors range from $16.5 million to $38
million in revenue per year.
To determine the percentage of firms that have revenue at or below
SBA's thresholds within each of the NAICS national industries, FMCSA
examined data from the 2017 Economic Census.\3\ In instances where 2017
data were suppressed, the Agency imputed 2012 data.\4\ Boundaries for
the revenue categories used in the Economic Census do not exactly
coincide with the SBA thresholds. Instead, the SBA threshold generally
falls between two different revenue categories. However, FMCSA was able
to make reasonable estimates as to the percentage of small entities
within each NAICS code.
---------------------------------------------------------------------------
\3\ U. S. Census Bureau. 2017 Economic Census. Table
EC1700SIZEEMPFIRM--Selected Sectors: Employment Size of Firms for
the U.S.: 2017. Available at: https://www.census.gov/data/tables/2017/econ/economic-census/naics-sector-48-49.html (accessed Feb. 3,
2023).
\4\ U. S. Census Bureau. 2012 Economic Census. Table
EC1248SSSZ4--Transportation and Warehousing: Subject Series--Estab &
Firm Size: Summary Statistics by Revenue Size of Firms for the U.S.:
2012 Available at: https://www.census.gov/data/tables/2012/econ/census/transportation-warehousing.html (accessed Feb. 3, 2023).
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The percentages of small entities with annual revenue less than the
SBA's threshold ranged from 92.4 percent to 100 percent. Specifically,
approximately 92.4 percent of Charter Bus Industry (485510) firms had
annual revenue less
[[Page 16210]]
than the SBA's revenue threshold of $16.5 million and would be
considered small entities. FMCSA estimates 100 percent of firms in the
Mixed Mode Transit Systems (485111) national industry had annual
revenue less than $25.5 million and would be considered small entities.
The table below shows the complete estimates of the number of small
entities within the national industries that may be affected by this
rule.
Estimates of Number of Small Entities
----------------------------------------------------------------------------------------------------------------
SBA size Number of
NAICS code Description standard in Total number small Percent of
millions of firms entities all firms
----------------------------------------------------------------------------------------------------------------
484110........................ General Freight $30.0 22,066 21,950 99.5
Trucking, Local.
484121........................ General Freight 30.0 23,557 23,045 97.8
Trucking, Long
Distance,
Truckload.
484122........................ General Freight 38.0 3,138 3,050 97.2
Trucking, Long
Distance, Less
Than Truckload.
484210........................ Used Household 30.0 6,097 6,041 99.1
and Office
Goods Moving.
484220........................ Specialized 30.0 22,797 22,631 99.3
Freight (except
Used Goods)
Trucking, Local.
484230........................ Specialized 30.0 7,310 7,042 96.3
Freight (except
Used Goods)
Trucking, Long
Distance.
485111........................ Mixed Mode 25.5 25 25 100
Transit Systems.
485113........................ Bus and Other 28.5 318 308 96.9
Motor Vehicle
Transit Systems.
485210........................ Interurban and 28.0 309 302 97.7
Rural Bus
Transportation.
485320........................ Limousine 16.5 3,706 3,649 98.5
Service.
485410........................ School and 26.5 2,279 2,226 97.7
Employee Bus
Transportation.
485510........................ Charter Bus 16.5 1,031 953 92.4
Industry.
485991........................ Special Needs 16.5 2,592 2,512 96.9
Transportation.
485999........................ All Other 16.5 1,071 1,044 97.5
Transit and
Ground
Passenger
Transportation.
----------------------------------------------------------------------------------------------------------------
Therefore, while FMCSA has determined that this rulemaking would
impact a substantial number of small entities, it has also determined
that the rulemaking would not have a significant impact on them. The
effect of this rulemaking would be to reduce the annual registration
fee that motor carriers, motor private carriers of property, brokers,
freight forwarders, and leasing companies are currently required to
pay. The reduction will be approximately 9 percent on average, ranging
from $4 to $3,453 per entity, depending on the number of vehicles owned
and/or operated by the affected entities. While the RFA does not define
a threshold for determining whether a specific regulation results in a
significant impact, the SBA, in guidance to government agencies,
provides some objective measures of significance that the agencies can
consider using. One measure that could be used to illustrate a
significant impact is labor costs; specifically, whether the cost of
the regulation exceeds 1 percent of the average annual revenues of
small entities in the sector. Given that entities owning between 0 and
2 CMVs would experience an average reduction of $4, a small entity
would need to have average annual revenue of less than $400 to
experience an impact greater than 1 percent of average annual revenue.
This is an average annual revenue that is smaller than would be
required for a firm to support one employee. The reduced fee amount and
impact on revenue increase linearly depending on the applicable fee
bracket.
Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of SBREFA, FMCSA wants to assist
small entities in understanding this proposed rule so they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please consult the
person listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to SBA's Small Business and Agriculture Regulatory
Enforcement Ombudsman (Office of the National Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding
the rights of small entities to regulatory enforcement fairness and an
explicit policy against retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538, UMRA)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or Tribal government, in the aggregate,
or by the private sector of $178 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2021 levels) or more
in any 1 year. Though this NPRM would not result in such an
expenditure, and the analytical requirements of UMRA do not apply as a
result, the Agency discusses the effects of this rule elsewhere in this
preamble.
F. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this rule would not have substantial
direct costs
[[Page 16211]]
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,\5\ 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.
---------------------------------------------------------------------------
\5\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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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,\6\ 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.
---------------------------------------------------------------------------
\6\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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No new or substantially changed technology would collect, maintain,
or disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.
In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The DOT Privacy Office has determined that this rulemaking
does not create privacy risk.
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2,
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.
List of Subjects in 49 CFR Part 367
Intergovernmental relations, Motor carriers, Brokers, Freight
Forwarders.
Accordingly, FMCSA proposes to amend Title 49 CFR, subtitle B,
chapter III, part 367 as follows:
PART 367--STANDARDS FOR REGISTRATION WITH STATES
0
1. The authority citation for part 367 continues to read as follows:
Authority: 49 U.S.C. 13301, 14504a; and 49 CFR 1.87.
0
2. Revise Sec. 367.30 to read as follows:
Sec. 367.30 Fees under the Unified Carrier Registration Plan and
Agreement for Registration Year 2023
Table 1 to Sec. 367.30--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year
2023
----------------------------------------------------------------------------------------------------------------
Fee per entity
for exempt or
Number of commercial motor non-exempt Fee per entity
vehicles owned or operated by motor carrier, for broker or
Bracket exempt or non-exempt motor motor private leasing
carrier, motor private carrier, carrier, or company
or freight forwarder freight
forwarder
----------------------------------------------------------------------------------------------------------------
B1............................................ 0-2............................. $41 $41
B2............................................ 3-5............................. 121 ..............
B3............................................ 6-20............................ 242 ..............
B4............................................ 21-100.......................... 844 ..............
B5............................................ 101-1,000....................... 4,024 ..............
B6............................................ 1,001 and above................. 39,289 ..............
----------------------------------------------------------------------------------------------------------------
[[Page 16212]]
0
3. Add a new Sec. 367.40 to read as follows:
Sec. 367.40 Fees Under the Unified Carrier Registration Plan and
Agreement for Registration Years Beginning in 2024 and Each Subsequent
Registration Year Thereafter.
Table 1 to Sec. 367.40--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Years
Beginning in 2024 and Each Subsequent Registration Year Thereafter
----------------------------------------------------------------------------------------------------------------
Fee per entity
for exempt or
Number of commercial motor non-exempt Fee per entity
vehicles owned or operated by motor carrier, for broker or
Bracket exempt or non-exempt motor motor private leasing
carrier, motor private carrier, carrier, or company
or freight forwarder freight
forwarder
----------------------------------------------------------------------------------------------------------------
B1............................................ 0-2............................. $37 $37
B2............................................ 3-5............................. 111 ..............
B3............................................ 6-20............................ 221 ..............
B4............................................ 21-100.......................... 769 ..............
B5............................................ 101-1,000....................... 3,670 ..............
B6............................................ 1,001 and above................. 35,836 ..............
----------------------------------------------------------------------------------------------------------------
Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-05292 Filed 3-15-23; 8:45 am]
BILLING CODE 4910-EX-P
