[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).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    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


