Fees for the Unified Carrier Registration Plan and Agreement, 40719-40724 [2023-13204]
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BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2023–0008]
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RIN 2126–AC62
Fees for the Unified Carrier
Registration Plan and Agreement
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
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FMCSA amends the
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 are
approximately 9 percent less than the
fees for the 2023 registration year, with
varying reductions between $4 and
$3,453 per entity, depending on the
applicable fee bracket.
DATES: Effective July 24, 2023.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than July
24, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth Riddle, Director, Office of
Registration and Safety Information,
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SUMMARY:
[FR Doc. 2023–13147 Filed 6–21–23; 8:45 am]
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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:
I. Availability of Rulemaking
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 final rule, then
click ‘‘Browse Comments.’’ If you do not
have access to the internet, you may
view the docket online by visiting
Docket Operations at U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
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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 Docket
Operations.
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
final rule, which reduces 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 in this final rule 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
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CMV Commercial Motor Vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety
Administration
FR Federal Register
NAICS North American Industry
Classification System
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory
Enforcement Fairness Act of 1996
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis for the Rulemaking
This rulemaking adjusts 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
$107,777,060 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
also approves the UCR Plan Board’s
requested increase in the portion of total
revenues to be collected during the 2024
registration year to provide funds for the
anticipated increased costs of
administering the UCR Agreement. The
increase in the administrative cost
allowance is $250,000 (to a total of
$4,250,000), which when added to the
established State revenue allocation of
$107,777,060, results in a total revenue
to be collected of $112,027,060.
Nonetheless, this slight increase is more
than offset by the need to recognize
excess collections from previous
registration years, so that the result is a
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decrease in the fees recommended and
approved.
No changes in the revenue allocations
to the participating States under 49
U.S.C. 14504a(g)(1) were recommended
by the UCR Plan Board, nor would they
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. Discussion of Proposed Rule and
Final Rule
A. Proposed Rule
On March 16, 2023, FMCSA
published in the Federal Register
(Docket No. FMCSA–2023–0008, 88 FR
16207) an NPRM titled ‘‘Fees for the
Unified Carrier Registration Plan and
Agreement.’’ The NPRM proposed
amending regulations for the annual
registration fees States collect from
motor carriers, motor private carriers of
property, brokers, freight forwarders,
and leasing companies for the UCR Plan
and Agreement for the 2024 registration
year and subsequent registration years.
The fees for the 2024 registration year
were proposed to 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.
The UCR Plan’s recommendation states
that it anticipates recommending an
upward adjustment in the fees for the
2025 registration year to comply with
the statutory provisions, which will
require further rulemaking action.
B. Comments
FMCSA solicited comments
concerning the NPRM for 30 days
ending April 17, 2023. No comments
were submitted.
C. Final Rule
As FMCSA received no comments on
the proposal for reducing the fees for the
2024 registration year, FMCSA finalizes
the proposed reduction in this final rule
without modification.
VI. Section-by-Section
As proposed in the NPRM, FMCSA
revises 49 CFR 367.30 (which was
adopted in a 2022 final rule (87 FR
53680 (Sep. 1, 2022)) so that the fees in
that section apply to registration year
2023 only. A new § 367.40 establishes
new reduced fees applicable beginning
in registration year 2024, based on the
recommendation submitted by the UCR
Plan Board in its November 18, 2022,
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A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of
this final rule under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR
3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, E.O.
14094 (88 FR 21879, Apr. 11, 2023),
Modernizing 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 final rulemaking is
not a significant regulatory action under
section 3(f) of E.O. 12866, as
supplemented by E.O. 13563 and
amended by E.O. 14094, 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.
This rule will 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 will 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 establishes 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 entitlements will
remain unchanged, the participating
States will not be impacted by this rule.
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996 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 rule will directly affect the
participating States, motor carriers,
motor private carriers of property,
brokers, freight forwarders, and leasing
companies. Under the standards of the
RFA, as amended by 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
(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
impacts a significant number of small
entities, FMCSA examined the 2012 and
2017 Economic Census data for two
different North American Industry
Classification System (NAICS)
subsectors: Truck Transportation
(subsector 484) and Transit and Ground
Transportation (subsector 485).
As shown in the table below, the SBA
size standards for the national
industries under the Truck
Transportation and Transit and Ground
Transportation subsectors range from
$19.0 million to $43.0 million in
revenue per year.
To determine the percentage of firms
that have revenue at or below SBA’s
thresholds within each of the NAICS
national industries, FMCSA examined
data from the 2017 Economic Census.3
In instances where 2017 data were
suppressed, the Agency imputed 2017
levels using data from the 2012
Economic Census.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 96.3 percent to
100 percent. Specifically, approximately
96.3 percent of Specialized Freight
(except Used Goods) Trucking, Long
Distance (484230) firms had annual
revenue less than the SBA’s revenue
threshold of $34.0 million and would be
considered small entities. FMCSA
estimates 100 percent of firms in the
Mixed Mode Transit Systems (485111)
national industry had annual revenue
less than $29.0 million and would be
considered small entities. The table
below shows the complete estimates of
the number of small entities within the
national industries that may be affected
by this rule.
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. 804(2)).
2 Public Law 104–121, 110 Stat. 857, (Mar. 29,
1996).
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 Apr. 25, 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/transportationwarehousing.html (accessed Apr. 25, 2023).
Fee Recommendation that is in the
docket. The fees in new § 367.40 would
remain in effect for subsequent
registration years after 2024 unless
revised by a future rulemaking.
VII. Regulatory Analyses
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The primary impact of this rule will be
a reduction in fees paid by individual
motor carriers, motor private carriers of
property, brokers, freight forwarders,
and leasing companies. The reduction
in fees for the 2024 registration year
from the current 2023 registration year
fees (approved on September 1, 2022) is
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 (Small
Entities)
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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, FMCSA has determined
that this rule impacts a substantial
number of small entities. However,
FMCSA has determined that this rule
will not have a significant impact on the
affected entities. The effect of this rule
is 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 be
approximately 9 percent, 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 will
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 this action
will not have a significant economic
impact on a substantial number of small
entities.
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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
34.0
34.0
34.0
6,097
22,797
7,310
6,041
22,631
7,042
99.1
99.3
96.3
29.0
32.5
32.0
19.0
30.0
19.0
19.0
19.0
25
318
309
3,706
2,279
1,031
2,592
1,071
25
308
302
3,694
2,226
1,013
2,567
1,059
100.0
96.9
97.7
99.7
97.7
98.3
99.1
98.9
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
Frm 00038
Number of
small entities
$34.0
34.0
43.0
D. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857), FMCSA
wants to assist small entities in
understanding this final rule so they can
better evaluate its effects on themselves
and participate in the rulemaking
initiative. If the final rule will 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
the Small Business Administration’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
fairness and an explicit policy against
retaliation for exercising these rights.
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Total number
of firms
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 final
rule 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 in sections VII. A. and VII.
C. of this analysis.
F. Paperwork Reduction Act
This final 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
will 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,
2005,5 requires the Agency to assess the
privacy impact of a regulation that will
affect the privacy of individuals. This
5 Public Law 108–447, 118 Stat. 2809, 3268, note
following 5 U.S.C. 552a (Dec. 4, 2014).
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rule would not require the collection of
personally identifiable information (PII).
The supporting Privacy Impact Analysis
(PIA), available for review in the docket,
gives a full and complete explanation of
FMCSA practices for protecting PII in
general and specifically in relation to
this final rule.
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 PIA for new or
substantially changed technology that
collects, maintains, or disseminates
information in an identifiable form. No
new or substantially changed
technology will 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 rule pursuant to
the National Environmental Policy Act
of 1969 (NEPA) (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
40723
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 amends 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
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 nonexempt motor
carrier, motor
private carrier, or
freight forwarder
0–2 ....................................................................................................................................
3–5 ....................................................................................................................................
6–20 ..................................................................................................................................
21–100 ..............................................................................................................................
101–1,000 .........................................................................................................................
1,001 and above ...............................................................................................................
$41
121
242
844
4,024
39,289
Fee per entity for
broker or leasing
company
$41
..............................
..............................
..............................
..............................
..............................
§ 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 § 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
ddrumheller on DSK120RN23PROD with RULES1
Bracket
B1
B2
B3
B4
B5
............................................................................
............................................................................
............................................................................
............................................................................
............................................................................
Fee per entity for
exempt or nonexempt motor
carrier, motor
private carrier, or
freight forwarder
0–2 .........................................................................
3–5 .........................................................................
6–20 .......................................................................
21–100 ...................................................................
101–1,000 ..............................................................
$37
111
221
769
3,670
6 Public Law 107–347, sec. 208, 116 Stat. 2899,
2921 (Dec. 17, 2002).
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Fee per entity for
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company
$37
..............................
..............................
..............................
..............................
40724
Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Rules and Regulations
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—Continued
Bracket
Number of commercial motor vehicles owned or
operated by exempt or non-exempt motor carrier,
motor private carrier, or freight forwarder
B6 ............................................................................
1,001 and above ....................................................
Fee per entity for
exempt or nonexempt motor
carrier, motor
private carrier, or
freight forwarder
35,836
Issued under authority delegated in 49 CFR
1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–13204 Filed 6–21–23; 8:45 am]
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BILLING CODE 4910–EX–P
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broker or leasing
company
..............................
]]>Agencies
[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Rules and Regulations]
[Pages 40719-40724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13204]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends the 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 are approximately 9 percent less than the fees for
the 2023 registration year, with varying reductions between $4 and
$3,453 per entity, depending on the applicable fee bracket.
DATES: Effective July 24, 2023.
Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than July 24, 2023.
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:
I. Availability of Rulemaking 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 final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Docket Operations
at U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
[[Page 40720]]
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 Docket Operations.
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 final rule, which reduces
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 in this final rule 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
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 for the Rulemaking
This rulemaking adjusts 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 $107,777,060 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 also approves the UCR Plan Board's
requested increase in the portion of total revenues to be collected
during the 2024 registration year to provide funds for the anticipated
increased costs of administering the UCR Agreement. The increase in the
administrative cost allowance is $250,000 (to a total of $4,250,000),
which when added to the established State revenue allocation of
$107,777,060, results in a total revenue to be collected of
$112,027,060. Nonetheless, this slight increase is more than offset by
the need to recognize excess collections from previous registration
years, so that the result is a decrease in the fees recommended and
approved.
No changes in the revenue allocations to the participating States
under 49 U.S.C. 14504a(g)(1) were recommended by the UCR Plan Board,
nor would they 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. Discussion of Proposed Rule and Final Rule
A. Proposed Rule
On March 16, 2023, FMCSA published in the Federal Register (Docket
No. FMCSA-2023-0008, 88 FR 16207) an NPRM titled ``Fees for the Unified
Carrier Registration Plan and Agreement.'' The NPRM proposed amending
regulations for the annual registration fees States collect from motor
carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies for the UCR Plan and Agreement for
the 2024 registration year and subsequent registration years. The fees
for the 2024 registration year were proposed to 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. The UCR Plan's recommendation states that it
anticipates recommending an upward adjustment in the fees for the 2025
registration year to comply with the statutory provisions, which will
require further rulemaking action.
B. Comments
FMCSA solicited comments concerning the NPRM for 30 days ending
April 17, 2023. No comments were submitted.
C. Final Rule
As FMCSA received no comments on the proposal for reducing the fees
for the 2024 registration year, FMCSA finalizes the proposed reduction
in this final rule without modification.
VI. Section-by-Section
As proposed in the NPRM, FMCSA revises 49 CFR 367.30 (which was
adopted in a 2022 final rule (87 FR 53680 (Sep. 1, 2022)) so that the
fees in that section apply to registration year 2023 only. A new Sec.
367.40 establishes new reduced fees applicable beginning in
registration year 2024, based on the recommendation submitted by the
UCR Plan Board in its November 18, 2022,
[[Page 40721]]
Fee Recommendation that is in the docket. The fees in new Sec. 367.40
would remain in effect for subsequent registration years after 2024
unless revised by a future rulemaking.
VII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, E.O. 14094 (88 FR 21879, Apr. 11, 2023), Modernizing 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 final rulemaking is not a significant
regulatory action under section 3(f) of E.O. 12866, as supplemented by
E.O. 13563 and amended by E.O. 14094, 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.
This rule will 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 will 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 establishes 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 entitlements will remain unchanged, the participating States
will not be impacted by this rule. The primary impact of this rule will
be a reduction in fees paid by individual motor carriers, motor private
carriers of property, brokers, freight forwarders, and leasing
companies. The reduction in fees for the 2024 registration year from
the current 2023 registration year fees (approved on September 1, 2022)
is 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. 804(2)).
---------------------------------------------------------------------------
C. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996 \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 rule will directly affect the participating States, motor
carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies. Under the standards of the RFA, as
amended by 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 (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 impacts a significant number of small entities,
FMCSA examined the 2012 and 2017 Economic Census data for two different
North American Industry Classification System (NAICS) subsectors: Truck
Transportation (subsector 484) and Transit and Ground Transportation
(subsector 485).
As shown in the table below, the SBA size standards for the
national industries under the Truck Transportation and Transit and
Ground Transportation subsectors range from $19.0 million to $43.0
million in revenue per year.
To determine the percentage of firms that have revenue at or below
SBA's thresholds within each of the NAICS national industries, FMCSA
examined data from the 2017 Economic Census.\3\ In instances where 2017
data were suppressed, the Agency imputed 2017 levels using data from
the 2012 Economic Census.\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 Apr. 25,
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 Apr. 25, 2023).
---------------------------------------------------------------------------
The percentages of small entities with annual revenue less than the
SBA's threshold ranged from 96.3 percent to 100 percent. Specifically,
approximately 96.3 percent of Specialized Freight (except Used Goods)
Trucking, Long Distance (484230) firms had annual revenue less than the
SBA's revenue threshold of $34.0 million and would be considered small
entities. FMCSA estimates 100 percent of firms in the Mixed Mode
Transit Systems (485111) national industry had annual revenue less than
$29.0 million and would be considered small entities. The table below
shows the complete estimates of the number of small entities within the
national industries that may be affected by this rule.
[[Page 40722]]
Estimates of Number of Small Entities
----------------------------------------------------------------------------------------------------------------
SBA size
NAICS code Description standard in Total number Number of Percent of all
millions of firms small entities firms
----------------------------------------------------------------------------------------------------------------
484110.................. General Freight $34.0 22,066 21,950 99.5
Trucking, Local.
484121.................. General Freight 34.0 23,557 23,045 97.8
Trucking, Long
Distance, Truckload.
484122.................. General Freight 43.0 3,138 3,050 97.2
Trucking, Long
Distance, Less Than
Truckload.
484210.................. Used Household and 34.0 6,097 6,041 99.1
Office Goods Moving.
484220.................. Specialized Freight 34.0 22,797 22,631 99.3
(except Used Goods)
Trucking, Local.
484230.................. Specialized Freight 34.0 7,310 7,042 96.3
(except Used Goods)
Trucking, Long
Distance.
485111.................. Mixed Mode Transit 29.0 25 25 100.0
Systems.
485113.................. Bus and Other Motor 32.5 318 308 96.9
Vehicle Transit
Systems.
485210.................. Interurban and Rural 32.0 309 302 97.7
Bus Transportation.
485320.................. Limousine Service..... 19.0 3,706 3,694 99.7
485410.................. School and Employee 30.0 2,279 2,226 97.7
Bus Transportation.
485510.................. Charter Bus Industry.. 19.0 1,031 1,013 98.3
485991.................. Special Needs 19.0 2,592 2,567 99.1
Transportation.
485999.................. All Other Transit and 19.0 1,071 1,059 98.9
Ground Passenger
Transportation.
----------------------------------------------------------------------------------------------------------------
Therefore, FMCSA has determined that this rule impacts a
substantial number of small entities. However, FMCSA has determined
that this rule will not have a significant impact on the affected
entities. The effect of this rule is 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 be approximately 9 percent, 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 will 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 this action will not have a
significant economic impact on a substantial number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule will 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 the Small Business Administration'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 final rule 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
in sections VII. A. and VII. C. of this analysis.
F. Paperwork Reduction Act
This final 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 will 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,\5\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This
[[Page 40723]]
rule would not require the collection of personally identifiable
information (PII). The supporting Privacy Impact Analysis (PIA),
available for review in the docket, gives a full and complete
explanation of FMCSA practices for protecting PII in general and
specifically in relation to this final rule.
---------------------------------------------------------------------------
\5\ 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,\6\ requires Federal agencies to conduct a PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology will collect, maintain, or disseminate
information as a result of this rule. Accordingly, FMCSA has not
conducted a PIA.
---------------------------------------------------------------------------
\6\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The DOT Privacy Office has determined that this rulemaking
does not create privacy risk.
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (NEPA) (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 amends 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.
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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
------------------------------------------------------------------------
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............ $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 .................
------------------------------------------------------------------------
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3. Add 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
Number of commercial motor for exempt or non-
vehicles owned or operated by exempt motor Fee per entity
Bracket exempt or non-exempt motor carrier, motor for broker or
carrier, motor private private carrier, leasing company
carrier, or freight forwarder or 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 .................
[[Page 40724]]
B6......................................... 1,001 and above.............. 35,836 .................
----------------------------------------------------------------------------------------------------------------
Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-13204 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-EX-P
