[Federal Register: February 26, 2008 (Volume 73, Number 38)]
[Rules and Regulations]
[Page 10157-10158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe08-9]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 367
[Docket No. FMCSA-2007-27871]
RIN 2126-AB15
Fees for Unified Carrier Registration Plan and Agreement;
Correction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Correcting amendments.
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SUMMARY: This document makes a technical correction to the annual fees
and fee bracket structure for the Unified Carrier Registration
Agreement that were published in the Federal Register of August 24,
2007 (72 FR 48585). The fees and fee bracket structure are required
under the Uniform Carrier Registration Act of 2005, enacted as Subtitle
C of Title IV of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users. This document corrects
the year in which the fees and fee bracket structure are effective.
DATES: Effective date: February 26, 2008.
FOR FURTHER INFORMATION CONTACT: Jason Hartman, Regulatory Development
Division, (202) 366-5043, or by e-mail at: FMCSAregs@dot.gov. Office
hours are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
This technical correction involves the fees for the Unified Carrier
Registration Agreement (UCR Agreement) established by 49 U.S.C. 14504a,
enacted by section 4305(b) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(119 Stat. 1144, 1764 (2005)). Section 14504a states that the ``Unified
Carrier Registration Plan * * * mean[s] the organization * * *
responsible for developing, implementing, and administering the unified
carrier registration agreement'' (49 U.S.C. 14504a(a)(9)). The UCR
Agreement developed by the Unified Carrier Registration Plan (UCR Plan)
is the ``interstate agreement governing the collection and distribution
of registration and financial responsibility information provided and
fees paid by motor carriers, motor private carriers, brokers, freight
forwarders and leasing companies * * * '' (49 U.S.C. 14504a(a)(8)).
The statute provides for a 15-member Board of Directors for the UCR
Plan and Agreement (Board) appointed by the Secretary of
Transportation. The establishment of the Board was announced in the
Federal Register on May 12, 2006 (71 FR 27777).
Among its responsibilities, the Board was required to submit to the
Secretary of Transportation \1\ a recommendation for the initial annual
fees to be assessed motor carriers, motor private carriers, freight
forwarders, brokers and leasing companies under the UCR Agreement (49
U.S.C. 14504a(d)(7)(A)). The FMCSA then was directed to set the fees
within 90 days after receiving the Board's recommendation and after
notice and opportunity for public comment (49 U.S.C. 14504a(d)(7)(B)).
The FMCSA established fees and a fee bracket structure in a final rule
published in the Federal Register on August 24, 2007 (72 FR 48585).
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\1\ The Secretary's functions under section 14504a have been
delegated to the Administrator of the Federal Motor Carrier Safety
Administration. 49 CFR 1.73(a)(7), as amended, 71 FR 30833 (May 31,
2006).
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Background
In the final rule of August 24, 2007 (72 FR 48585), the FMCSA
erroneously specified that the fees and fee bracket structure adopted
in that rule pertained only to the registration year 2007. Under the
statute, however, the fees set by FMCSA apply to each registration year
unless and until the Board recommends an adjustment in the annual fees
in accordance with 49 U.S.C. 14504a(f)(1)(E). Only after the UCR Board
and FMCSA follow the procedures specified in 49 U.S.C. 14504a(d)(7)(B)
and FMCSA approves a new set of fees and fee brackets would they become
effective.
Need for Correction
This technical correction is required to allow the UCR Plan to
continue to collect the established fees in each registration year. The
FMCSA is correcting the section heading of 49 CFR 367.20 and the
caption of the fee table in Sec. 367.20 to specify that the section
establishes fees under the UCR Plan and the UCR Agreement for each
registration year.
Regulatory Analyses and Notices
Administrative Procedure Act
The Administrative Procedure Act provides exceptions to its notice
and public comment procedures when an agency finds there is good cause
on the basis that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' (See 5 U.S.C. 553(b)). As stated
above, the amendment made by this final rule merely corrects an
inadvertent error. The FMCSA therefore finds good cause that notice and
public comment are unnecessary. Further, the Agency finds good cause
under 5 U.S.C. 553(d)(3) to make the amendment effective upon
publication.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or within
the meaning of Department of Transportation regulatory policies and
procedures. The Office of Management and Budget did not review this
document. We expect the final rule will have minimal costs; therefore,
a full regulatory evaluation is unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has evaluated the effects of this rule on small entities.
Because the rule only makes editorial corrections and places no new
requirements on the regulated industry, FMCSA certifies that this
action will not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $128.1
million or more in any 1 year.
Executive Order 12988 (Civil Justice Reform)
This action will meet applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation,
[[Page 10158]]
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The FMCSA analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. We determined that this rulemaking will not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
This rulemaking does not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 13132 (Federalism)
The FMCSA analyzed this rule in accordance with the principles and
criteria contained in Executive Order 13132. The FMCSA has determined
that this rulemaking will not have a substantial direct effect on
States, nor will it limit the policy-making discretion of the States.
Nothing in this document will preempt any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no new information collection requirements associated with this
final rule.
National Environmental Policy Act
The FMCSA analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and
determined under our environmental procedures Order 5610.1, issued
March 1, 2004 (69 FR 9680), that this action is categorically excluded
(CE) under Appendix 2, paragraph 6.h of the Order from environmental
documentation. In addition, the Agency believes that this action
includes no extraordinary circumstances that will have any effect on
the quality of the environment. Thus, the action does not require an
environmental assessment or an environmental impact statement.
The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401, et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it will have no effect on the environment.
Executive Order 13211 (Energy Effects)
The FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We determined that it is not a ``significant
energy action'' under that Executive Order because it will not be
likely to have a significant adverse effect on the supply,
distribution, or use.
List of Subjects in 49 CFR Part 367
Commercial motor vehicle, Financial responsibility, Motor carriers,
Motor vehicle safety, Registration, Reporting and recordkeeping
requirements.
0
In consideration of the foregoing, FMCSA amends title 49, Code of
Federal Regulations, 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, 14504, 14504a; and 49 CFR 1.73.
0
2. Correct the section heading and the title of the table in Sec.
367.20 to read as follows:
Sec. 367.20 Fees under the Unified Carrier Registration Plan and
Agreement for Each Registration Year.
Fees Under the Unified Carrier Registration Plan and Agreement for Each
Registration Year
* * * * *
Issued on: February 20, 2008.
John H. Hill,
Administrator.
[FR Doc. E8-3603 Filed 2-25-08; 8:45 am]
BILLING CODE 4910-EX-P