(49 U.S.C. 3501-3520). The UCR Act is sections 4301 through 4308 of SAFETEA-LU. Reading its requirements together, the UCR statute establishes a framework that presumes compliance via the payment of fees and efforts at ensuring compliance. The fourth proposal was discussed at a UCR Plan Board meeting, and approval was given to engage in discussions with the IRP (which rejected the idea). The timeline also provides a steady and consistent framework for the UCR Plan Board to calculate and submit a fee adjustment recommendation supported by accurate data to the Secretary, and for FMCSA to conduct the statutorily required notice-and-comment rulemaking and then publish a final rule setting the new fees sufficiently in advance of the start of the applicable fee year. UCR refers to the US government's Unified Carrier Registration program. FMCSA agrees that much of the enforcement programing by the States has been focused on motor carriers. [24] 14504a(d)(5)(A), which states that the UCR Plan Board must appoint an IAS and that the IAS shall consider any matter before the board and make recommendations to the board. 49 U.S.C. However, the data and information provided does not support OOIDA's claim of egregious under-compliance and under-enforcement of UCR fee payment by freight forwarders and brokers. This table of contents is a navigational tool, processed from the FMCSA notes that not all pilot programs will be successful but are tests, to try something new and see if it works. OOIDA also reiterates arguments it previously raised, and FMCSA has addressed, that contest the Board's authority to establish a fee year based on alternating calendar years. But brokers do not operate CMVs and are therefore not subject to roadside inspections that would disclose whether they have paid UCR fees. Finally, OOIDA commented that the UCR Plan Board did not explain how the proposed fees were devised or that the fees would reduce current fees by $22 million in excess revenues. 14504a(d)(5)(C)). UCR Registration Fee | Trucker's Paper Trail 7. apply online Quickly apply online with the form below, which is used only by motor carriers and freight forwarders registering for the Unified Carrier Registration. OOIDA reasserted its contention that the UCR Plan Board's adoption of policies establishing reserve funds exceeds the authority granted in the UCR statute. titled Response of the Unified Carrier Registration Plan, p. 5-6, tab K. 16. FMCSA-2022-0001). [38] The UCR was created by the Unified Carrier Registration Act of 2005 to replace the former system for registering and collecting fees for vehicles operated in interstate commerce. in the last two brackets provided a proportionally much larger share of the revenues. The comments do not enhance the Agency's understanding of the issue at hand. Response: 14504a(f)(4)). There were several identical comments submitted that were not germane to this rule, as they discussed or criticized the UCR Plan as a program and go far beyond the scope of the proposal at hand. OOIDA's Second Comment is far-ranging in scope, and the Agency has determined it would be useful to address the issues and concerns raised. 38. The rules and regulations the UCR Plan Board must issue include providing for the administration, in other words, the functioning, carrying out, or operation, of the UCR Agreement. You can register UCR for the upcoming year starting on October 1. FOR FURTHER INFORMATION CONTACT To gain a fuller picture, in the RFI questions the Agency requested information about all enforcement initiative proposals received by the UCR Plan or UCR Plan Board since the start of 2020. not including trailers) in the carrier's fleet (see 49 U.S.C. Fees for the Unified Carrier Registration Plan and Agreement,72 FR 48585 (Aug. 24, 2007). UCR Registration Filing | UCR | J.J. Keller Trucking Authority The UCR Plan submitted an additional comment on July 11, 2022, that fully explained the Executive Director's role in submitting the Information Response requested by FMCSA: The preparation of the responses was thus purely an administrative task for the Plan, appropriately delegated to and overseen by . 14504a(g)(2). As FMCSA found in the 2010 final rule that its responsibilities under 49 U.S.C. UG Health Insurance Fee 2. https://data.census.gov/cedsci/table?q=United%20States&t=Value%20of%20Sales,%20Receipts,%20Revenue,%20or%20Shipments&n=484&tid=ECNSIZE2017.EC1700SIZEREVEST&hidePreview=true Under the Unified Carrier Registration (UCR) Plan and Agreement program, individual states collect fees from motor carriers, private motor carriers, freight forwarders, brokers, and leasing companies based on the number of qualifying commercial motor vehicles in their fleets. However, the fees go up from there. Whether you run a small or large fleet, UCR fees are related to the number of trucks you have. are not part of the published document itself. Response: To determine the fee reduction recommendation for the 2023 registration year, the UCR Plan Board has estimated future period collections using an average of the collections of the past 3 closed years. 14504(a)(8), (9)) by adopting rules and regulations. OOIDA also requested that FMCSA adopt a fee structure it deemed constitutional that proportionately divided revenue collections by everyone required to pay, and also only collecting sufficient funds to cover entitlement distributions and administrative costs (without any reserves). Some of OOIDA's comments also indicate that it may not fully understand the legal obligations of volunteer members of a Board of Directors to collectively manage and conduct oversight of an organization. Particularly given the high inflation rates earlier this year, nothing in the record credibly calls into question the UCR Plan Board's request for additional funds due to anticipated increased costs in the next registration year. Comment: 14504a(a)(8)-(9), (d)(3), (d)(7)). Only official editions of the Start Printed Page 53693. The recommendation from the UCR Plan, as indicated above, is an adjustment from $4,000,000 to $4,250,000 for administrative costs, resulting in a total revenue target of $112,027,060. and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2, paragraph 6.h. The implemented fee year timeline is explained by the UCR Plan Board in both its Information Response[12] commented in favor of reducing the fees and in favor of the proposal in general. In support, OOIDA cited 49 U.S.C. [3] Comment: Fees for the Unified Carrier Registration Plan and Agreement Register documents. the fee scale for registration year 2023 or to refund amounts already paid for registration year 2022 to fee payers. OOIDA's 28Second comment, p. 16, Ex. A Rule by the Federal Motor Carrier Safety Administration on 09/01/2022. Thereafter OOIDA requested an extension of the comment period,[40] The UCR statute explicitly authorizes the UCR Plan Board to contract with any person or any agency of a State to perform administrative functions required under the unified carrier registration agreement. (49 U.S.C. In response, the UCR Plan provided details on four enforcement proposals: (1) adding an Auditor/Enforcement Manager position, proposed by the UCR Plan Board Audit Chairperson; (2) mailing postcards to unregistered motor carriers, proposed by the UCR Plan Executive Director; (3) engaging a contractor to conduct three pilot programs targeting unregistered- and new-entrant motor carriers domiciled in non-participating States and roadside violations audits, proposed by the UCR Plan Executive Director and the outside contractor; and (4) developing, hosting, and maintaining a centralized International Registration Plan (IRP) fee calculator, proposed by the UCR Plan Executive Director. Therefore a more logical inference of congressional intent, consistent with the ordinary functioning of subcommittees, is that through section 14504a(d)(5)(A) Congress intended to restrict the universe of matters the Truckers to Pay Lower UCR Fees in 2023 - PrePass The Secretary also has broad rulemaking authority in 49 U.S.C. Registration Forms 2023 Fees Source: Federal Register Updating Your DOT Registration or Authority Any time a carrier or other regulated entity changes its name or address, or other details in their record, they should update their US DOT and operating authority record with FMCSA in a timely manner. FMCSA finds that this policy is consistent with a reasonable interpretation of the relevant statutory provisions, namely 49 U.S.C. publication in the future. These two distinct provisions each contribute to the fee adjustment in this final rule, which reduces the annual registration fees established pursuant to the UCR In response to the UCR Plan's IR answers addressing FMCSA's RFI Question 9, OOIDA asserted that the UCR Plan response was incomplete. Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). 14504a(d)(7) and (g)(4), FMCSA approves the following table of State revenue entitlements, administrative costs, and the total revenue target under the UCR Agreement, as proposed in the NPRM. It's a registration system mandated at the US federal level. Available in the docket at OOIDA's First Comment, p. 5. . 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures, C. Regulatory Flexibility Act (Small Entities), F. Paperwork Reduction Act (Collection of Information), I. E.O. Again though, a mere opportunity for improved motor carrier representation on UCR subcommittees does not render actions of the Plan Board, including these proposed fee adjustments, unlawful or invalid. on p. 27-30 (Q9), and OOIDA's June 28 comment available at Start Printed Page 53691. The Small Business Administration's (SBA) size standard for a small entity (13 CFR 121.201) differs by industry code. 29, 1996). The UCR Plan and Agreement are administered by a 15-member board of directors: 14 appointed from the participating States and the industry, plus the Deputy Administrator of FMCSA. The statute says the UCR Plan Board shall issue rules and regulations to govern the UCR Agreement and that those rules and regulations shall include the items that follow. For support or questions, call 1-833-UCR-PLAN or send an email to helpdesk@ucr.gov. For example, it was recognized that the fee structure must ensure that the fee scale is progressive across the brackets, such that the individual carrier fee increases as the size of the carrier increases. The Unified Carrier Registration (UCR) is a federally mandated program that replaces the Single State Registration System (SSRS). FMCSA notes again that OOIDA is a voting member of the UCR Plan Board and was present at the UCR Plan Board meetings when the Fee Change Recommendation Policy was adopted and revised. regulatory information on FederalRegister.gov with the objective of This site displays a prototype of a Web 2.0 version of the daily major rule Until the ACFR grants it official status, the XML See FMCSA RFI, Q9. (49 U.S.C. The fee is $76. https://www.regulations.gov/document/FMCSA-2022-0001-0010. (Fees for United Carrier Registration Plan and Agreement, 75 FR 21993 (Apr. Share sensitive information only on official, secure websites. In five instances, the statute refers to registration year to explain the counting of the number of CMVs for registration purposes, (49 U.S.C. Available in the docket for this rulemaking at For instance, carriers with only two trucks paid $69 in 2018 and $62 in 2019. 8 questions on FMCSA's UCR fees and how to comply Under the UCR Statute, 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 statute, however, contains no express language prohibiting the UCR Plan Board from considering matters that have not first been considered by the IAS, and FMCSA does not infer congressional intent to create such a prohibition. 8. OOIDA fails to recognize that FMCSA did not ask the UCR Plan to provide that information in the RFI questions. 9. 553(d)(3). Authority to administer these statutory provisions has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and (7). 14504a(h)(3)(B)). It was viewed 18 times while on Public Inspection. More information and documentation can be found in our The statute does not provide any authority for suspension or reduction of current fees, certainly not without a rulemaking based on a recommendation from the UCR Plan Board. 43. OOIDA took issue with the Agency's 14-day re-opening of the comment period and noted the statutory timeline for FMCSA to publish the Fee Adjustment Final Rule is 90 days from receipt of the UCR Plan Board's recommendation. Response: 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 the administrative costs associated with the UCR Plan and Agreement. [30] UCR Form Instructions - Unified Carrier Registration (UCR) 12. The OFR/GPO partnership is committed to presenting accurate and reliable OOIDA's repeated complaint that enforcement efforts unfairly target motor carriers is addressed above in response to its First Comment. Further, in its Second Comment, OOIDA resumed questioning the validity of the fee year structure adopted by the UCR Plan Board. However, it raises procedural issues, and, in this instance, the Agency has determined that a response is appropriate. 14504a(d)(2)). OOIDA suggested that this could be avoided through better State enforcement, which it thought FMCSA and the UCR Plan Board could compel. as defined under the Congressional Review Act (5 U.S.C. However, the planned schedule showed three planned Board meetings by teleconference and five at locations around the country. Exhibit 1 of the first OOIDA comment available at Response: In a notice of proposed rulemaking that is scheduled to publish in the Federal Register on Monday, Jan. 24, FMCSA is proposing fees that would be reduced below the 2022 UCR fees by about 27%.. [23] When in doubt, the UCR Handbook should be referenced for final say. The APA requires an NPRM to include either the terms or substance of the proposed rule or a description of the subjects and issues involved (5 U.S.C. There are challenges to developing, implementing, and administering any program; that does not excuse members of the Board from speaking up when possible problems are identified and then working to develop, offer, and implement solutions. https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness Boards. 22. Comment: On May 23, 2022, OOIDA, a commenter responding to the NPRM, requested an opportunity to comment on the IR. rendition of the daily Federal Register on FederalRegister.gov does not 27. PDF USDOT Number and the UCR - ilfb.org While every effort has been made to ensure that Fees are based on the number of qualified motor vehicles in your fleet. Decision Tree - Unified Carrier Registration (UCR) See49 U.S.C. FMCSA is committed, whenever possible, to ensuring that UCR fees are finalized and published sufficiently in advance of the opening of the registration fee collection window to provide certainty to registrants, the UCR Plan Board, and the participating States that have statutory rights to UCR revenues. However, in the interest of thoroughness, the Agency has determined that in this instance a response is appropriate. Available in the docket for this rulemaking at The fee scale shall be progressive in the amount of the fee. OOIDA's assertion that the funds in the reserve accounts are excess funds to be used to reduce the fees is therefore without merit. and services, go to FMCSA analyzed this rule pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. FMCSA proposes new UCR fees for 2023 - Land Line For 2020, that rate would be $60. In addition, the UCR Plan Board is authorized to include in the structure of the fees charged to motor carriers, freight forwarders, brokers, and leasing companies an amount to pay the costs of administering the UCR Agreement. The UCR Plan Board submitted a late comment on July 11, responding to OOIDA's Second Comment, which FMCSA has considered, along with other submissions made after the comment period, in accordance with 49 CFR 5.5(a)(1). Federal Register OOIDA's Second comment, 14504a(d)(2)). 14504a(d)(7)(B). These fees will remain in effect for subsequent registration years after 2023 unless revised by a future rulemaking. Number of CMVs 2023 State Fees; 0 - 2: $41: 3 - 5: $121: 6 - 20: $242: 21 - 100: $844: 101 - 1,000: $4,024: . Please indicate whether we may use 3rd party analytics and non-essential cookies to improve your experience and our applications. progressive, Federal Motor Carrier Safety Administration, Last updated: Wednesday, December 19, 2018, Fees for the Unified Carrier Registration Plan and Agreement, United States Department of Transportation, National Registry of Certified Medical Examiners, ADA Requirements for Over-the-Road Bus Companies, Apply for a New USDOT Number and/or Authority, Pocket Guide to Large Truck and Bus Statistics, unified-carrier-registration-plan-fees.pdf. Fees for the Unified Carrier Registration Plan and Agreement Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than October 3, 2022. The statute explicitly directs the Chairperson to appoint an IAS. [34] The Agency now addresses the issues raised in OOIDA's Second Comment. Issued under authority delegated in 49 CFR 1.87. The Privacy Act (5 U.S.C. [29] Indeed, the 2010 final rule set targets for compliance by the States in order to justify the increased fees adopted. Accordingly, OMB has not reviewed it under these Orders. Transfer payments are payments from one group to another that do not affect total resources available to society. This clearly indicates that in-person meetings at convenient locations are contemplated by the statute for all board members, including the OOIDA representative. SUMMARY: This rule establishes reductions in the annual registration fees collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the registration years 2019, 2020 and thereafter. Federal Motor Carrier Safety Administration, c. Suspending Fees for the UCR Plan and Agreement Currently in Effect Would Require a Recommendation From the Plan and a New Rulemaking, a. This rule adjusts the annual registration fees required by the UCR Agreement established by 49 U.S.C. The UCR Plan noted in its response that the only mechanism for receiving suggestions and proposals is through the diverse UCR Plan Board membership and the UCR Plan itself. covers regulations and actions taken pursuant to regulation implementing procedures to collect fees that will be charged for motor carrier registrations. Information Response, Docket No. While each motor carrier will realize a reduced burden, fees are considered by OMB CircularA-4, Regulatory Analysis as transfer payments, not costs. However, OOIDA expressed concern that volunteer Board members do not have sufficient time to provide detailed oversight of the various contractors. https://www.regulations.gov/document/FMCSA-2022-0001-0001. and on June 14, 2022, FMCSA announced the reopening of the public comment period in a 27, 2010) at 21995.). . the official SGML-based PDF version on govinfo.gov, those relying on it for OOIDA also suggests that the UCR Plan should apply all excess revenue collected from prior years to reducing 49 U.S.C. Motor carriers in bracket 6 (1001 or more vehicles) were only 0.03 percent of the total registrants and provided 9.90 percent of the total revenues. 2017 US Economic Census. Although this rule would not result in such an expenditure, the Agency discusses the effects of this rule elsewhere in this preamble. By definition, transfers are not considered in the monetization of societal costs and benefits of rulemakings. on p. 27-30 (Q9). It provided an explanation as to how the Fee Recommendation was developed by the Plan, including that the fee reduction was expected to result in an under-collection of fees, with the effect, essentially, of refunding excess collections in real time to UCR registrants. Even if all of the 15,538 non-compliant active brokers paid the established fees in either 2022 or during the upcoming 2023 registration year, the revenue contributed would be less than 1 percent. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, FMCSA-MCRS@dot.gov. The most recent data from FMCSA and the UCR Plan shows that there are 24.615 active brokers registered at FMCSA, compared to the 22,508 mentioned in OOIDA's First Comment. 41. Comment: Response: Start Printed Page 53690 The fees are also progressive in this sense because all the motor carriers and other smaller entities, such as freight forwarders, brokers and leasing companies, in the lower brackets provide a smaller proportion of the total revenues than the larger motor carriers in the higher fee brackets. The fees are based either on the number of commercial motor vehicles (CMVs) operated by motor carriers, motor private carriers and freight forwarders or, for brokers and leasing companies, on the smallest fee charged. The reduction will range from $18 to $17,688 per entity, depending on the number of vehicles owned and/or operated by the affected entities. Start Printed Page 53681 14504a(d)(7)(A)(ii)). the material on FederalRegister.gov is accurately displayed, consistent with If you are using public inspection listings for legal research, you 18. In its August 2021 Recommendation to FMCSA (the August 2021 Fee Recommendation), the UCR Plan Board estimated future period collections using an average of the collections of the past 3 closed years. could consider to just those matters that come before the Plan Board. Washington, DC 20590 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review, and DOT's regulatory policies and procedures. 31. the Federal Register. 30. The statute provides that the UCR Plan is responsible for developing, implementing, and administering the UCR Agreement. for better understanding how a document is structured but FAIR (1-888-734-3247). No other fee has been recommended by the UCR Plan Board or authorized by the Secretary since the fee for the 2020 registration year, and subsequent years, was adopted. Document page views are updated periodically throughout the day and are cumulative counts for this document. edition of the Federal Register. The NPRM proposed a reduction in the annual registration fees pursuant to a recommendation of the UCR Plan Board for the 2023 registration year and all subsequent years until a change in fees is authorized pursuant to a new rulemaking by the Agency. OOIDA states that the statute requires excess fee collections be used to reduce the fee charged in the next calendar year. This rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. Information about this document as published in the Federal Register. 14504a(a)(9). Available at The UCR Plan's IR response showed total freight forwarder and broker registrations for 2020 as 22,638, and for 2021 as 29,476. Start Printed Page 53684 12866 (Regulatory Planning and Review), E.O. provide legal notice to the public or judicial notice to the courts. https://www.regulations.gov/comment/FMCSA-2022-0001-0008. 14504a(f)(1)(C)). States are not considered small entities because they do not meet the definition of a small entity in section 601 of the RFA. According to the 2017 Economic Census, approximately 99.4 percent of truck transportation firms, and approximately 99.2 percent of transit and ground transportation firms, had annual revenue less than the SBA's revenue thresholds of $30 million and $16.5 million, respectively, to be defined as a small entity. The statute also states that the chair of each subcommittee must be a director on the UCR Plan Board and that for the IAS, membership is reserved exclusively to representatives of entities that are required to pay the UCR fees. 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. In the sixth and seventh RFI questions, which sought revenues and registrants broken down by UCR Fee brackets, FMCSA sought to gather data to examine the claim in OOIDA's First Comment that the fees are not adequately progressive as required by statute. As a practical matter, during a registration year, no funds FMCSA has considered this additional information and comments in accordance with 49 CFR 5.5(a)(1). Further, based on the information provided by both OOIDA and the UCR Plan, OOIDA has not offered specific solutions, pilot programs, or projects to address the issue that all parties seem to agree is a problem. (49 U.S.C. L). Therefore, FMCSA has determined that this rule impacts a substantial number of small entities. titled Response of the Unified Carrier Registration Plan, p. 5. see (accessed Dec. 28, 2021). OOIDA inaccurately accused the UCR Plan Executive Director of improperly answering the Agency's RFI questions on behalf of the UCR Plan Board. Because the allocation of funds to reserve accounts by the UCR Plan Board is proper, these funds are not available for adjustment of the fees in accordance with the statute.
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