(retrieved May 19, 2022). The information provided here is for guidance only and should not be taken as legal advice. Fees for the Unified Carrier Registration Plan and Agreement 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. This table is based on information provided by the UCR Plan in the IR to FMCSA's RFI, at p. 17 and Tab I. Section 3. Again, this comment is out of scope. [18] It is also important to recognize that 100 percent compliance is not feasible for motor carriers and other entities such as brokers and freight forwarders, as FMCSA recognized in the 2010 final rule. 801-808).[42]. 1. The fact that a registrant at the top of one bracket may pay less per vehicle than a registrant at the bottom of the next higher bracket is structurally embedded in the statute. In accordance with 49 U.S.C. OOIDA thus contends that FMCSA must immediately suspend the UCR fees. [37] https://www.regulations.gov/document/FMCSA-2022-0001-0012. [26] 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. A significant number of new brokers have entered the industry in the last few years. (49 U.S.C. The proposed fees in the NPRM are modified based upon the UCR Plan Board's updated recommendation submitted in its February 2022 Fee Recommendation. The Agency also notes that an OOIDA employee is a member of the UCR Plan Board and is thus a participant in the organization making the recommendation. Official Unified Carrier Registration System | UCR OOIDA focuses on fee per truck in its analysis, but the fee is based on the number of CMVs that are self-propelled ( In support, OOIDA cited 49 U.S.C. OOIDA's Second comment, p. 7. The UCR Plan's IR response showed total freight forwarder and broker registrations for 2020 as 22,638, and for 2021 as 29,476. The term Annual registration must get renewed every year by December 31. 14504a(d)(4)). OOIDA's objection to the requested UCR Plan budget increase is untimely. To continue operating legally, carriers must register and pay the fee before January 1, 2023. . As FMCSA found in the 2010 final rule that its responsibilities under 49 U.S.C. Step by Step Guide to Registering With The Unified Carrier Registration Comment: What Is the Unified Carrier Registration Act? | UCR The fee year begins on October 1 of the year prior to the registration year, continues through the calendar year that is the registration year, concluding on December 31 of the year after the registration year. This timeline provides a 3-month pre-registration window before the date on which the fees are due (which is January 1 of the registration year), as well as an audit and dispute resolution period in the calendar year following the registration year. Comment: The fees increase as the carriers' fleet sizes increase, and the fee amounts place a proportionally larger burden on those carriers with larger fleets that are more likely to be able to pay the fees.[10]. notice published June 14, 2022 (87 FR 35940), FMCSA reopened the comment period for 14 days for the limited purpose of allowing comments on the UCR Plan's [Information Response]. In response to this notice, OOIDA and a few other commenters submitted additional comments on or about June 28, 2022. See49 U.S.C. 14504a(f)(1)(A)-(D). [15] The Privacy Act (5 U.S.C. Resources include information on obtaining a USDOT number, how to renew a USDOT number, federal marking requirements, Unified Carrier Registration (UCR), intrastate passenger or household goods authority details, federal operating authority, and insurance filing requirements. . However, in the interest of thoroughness, the Agency has determined that in this instance a response is appropriate. If you qualify for the blue and gold program, where your family makes under a certain amount, then FAFSA will cover your full tuition. 44. (75 FR 21993 at 22003). This rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. In response to the UCR Plan's IR answers addressing FMCSA's RFI Question 9, OOIDA asserted that the UCR Plan response was incomplete. 12866, as supplemented by E.O. For the IAS then, the chairperson must be one of the five directors representing the fee-paying industry. Comment: OOIDA further complained that every other UCR Plan Board subcommittee is statutorily required to have at least one member representing the motor carrier industry, 49 U.S.C. This feature is not available for this document. on NARA's archives.gov. Finally, OOIDA asserted in its comment that certain UCR Plan Board spending is inappropriate. 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. Once more, the statute does not define registration year. The use of various terms throughout the statute suggests nuance between the three, and that the terms are not unambiguously the same. p. 12. Upon the available record, the efforts of the UCR Plan's Executive Director might more accurately be viewed as those of an engaged organizational leader researching and developing potential solutions and presenting solution proposals to the Board of Directors, which oversees the UCR Plan's work and has the authority to remove him should he fail to adequately achieve the Board's goals. collections do not exceed the total revenue entitlement for participating states), which means that the Plan receives no funds to cover its administrative costs for that year, and the Board can rectify the problem only by recommending that the Agency increase the fees in a future registration year. Until the ACFR grants it official status, the XML Registration for the 2023 UCR registration period is officially open, and fees have been reduced from the 2022 registration period. The Small Business Administration's (SBA) size standard for a small entity (13 CFR 121.201) differs by industry code. 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 has no substantive legal effect. Depending on which state you're from, the fine could be anywhere from $100 to $5000 for first time offenders. 14504a(f)(4)). 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. OOIDA commented that the rulemaking did not comply with the APA because the UCR Plan Board did not explain in the fee recommendation how the proposed fees were calculated or why it complied with the law. Federal Register provide legal notice to the public and judicial notice This comment is redundant with arguments made in OOIDA's First Comment. 14504a(a)(9). This explicitly includes procedures for amending the UCR Agreement and obtaining clarification of any provision of the UCR Agreement but does not preclude or prohibit other rules or regulations that provide for the administration of the UCR Agreement. The data are derived from the UCR Plan's statements of financial position provided in the IR at Tabs A, B, and C. These reserve funds are a portion of unrestricted net assets of the UCR Plan that are available for use in emergencies to sustain financial operations in the unanticipated event of significant unbudgeted increases in operating expenses and/or losses in operating revenues. 14504a, sets forth parameters for the UCR Plan Board to make fee recommendations, but it does not require the UCR Plan Board to explain in every fee recommendation to the Secretary and FMCSA how the recommendation complies with the statute. Instead of a fee reduction for the 2023 registration year of approximately 27 percent for all fee brackets, as proposed in the NPRM, this final rule adopts an even greater fee reduction of approximately 31 percent for all fee brackets. that agencies use to create their documents. 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. 14504a(d)(6)). in the last two brackets provided a proportionally much larger share of the revenues. For its definition of progressive, OOIDA contends that the IAS had lapsed after the prior Chairperson stepped down, that the UCR fee adjustment recommendations had thus not been considered by the IAS, and therefore any fee adjustment would be unlawful. Final 2023 State UCR Revenue Entitlements and Revenue Targets, A. E.O. It is not an official legal edition of the Federal https://www.regulations.gov/comment/FMCSA-2022-0001-0006. small entities OOIDA's First Comment, p. 5. 14504a(h)(3)(B)). Indeed, the statute expressly provides that, even though board members do not receive any compensation from the U.S. government, board members and subcommittee members are reimbursed for travel expenses. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. The UCR fee is payable to the carrier's base state. Learn more here. 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. FMCSA notes that not all pilot programs will be successful but are tests, to try something new and see if it works. . 49 U.S.C. the Executive Director. 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 2018, 2019 and subsequent years.For the 2018 registration year, th. (49 U.S.C. 23. 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. titled Response of the Unified Carrier Registration Plan, p. 5-6, tab K. 16. as defined under the Congressional Review Act (5 U.S.C. The adjustment is based on an analysis approved by the board of directors that indicated that legal expenses for the administration of the UCR Agreement will be higher on an ongoing basis. 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. National Environmental Policy Act of 1969. OOIDA's Second comment, 553(d)(3). [20] 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. Fees for the Unified Carrier Registration Plan and Agreement UCR Registration Fee | Trucker's Paper Trail OOIDA complained that UCR Plan Executive Director did not address the legal arguments OOIDA made in its First Comment. The implemented fee year timeline is explained by the UCR Plan Board in both its Information Response[12] 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. regulatory information on FederalRegister.gov with the objective of https://www.regulations.gov/comment/FMCSA-2022-0001-0113, 14504a(h)(4)). titled Response of the Unified Carrier Registration Plan, 5-6 (May 9, 2022). Available in the docket for this rulemaking at 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. better and aid in comparing the online edition to the print edition. Also, if there are excess funds after payments to the States and for administrative costs, they are retained in the UCR Plan's depository, and subsequent fees must be reduced as required by 49 U.S.C. FMCSA did not anticipate that, unlike previous UCR fee reduction rulemakings, this nearly 31 percent fee reduction would be contested and controversial. Moreover, the most recent allowance of administrative costs of $4,000,000 is a significant reduction from the $5,000,000 allowance initially approved in 2007. The NPRM proposed that the UCR Plan and the 41 States participating in the UCR Agreement establish and collect fees from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. In the one item close to on-point, OOIDA raised concerns that the UCR Plan and UCR Plan Board were consistently not doing enough to enforce UCR fee compliance by brokers, freight forwarders, and leasing companies, and OOIDA even provided exhibits of emails and meeting minutes as evidence that its concerns were being deliberately ignored. To the extent that comments OOIDA made in its Second Comment were directly relevant to the preceding discussion, those comments have already been addressed and will not be repeated here. commercial motor vehicle The Office of Information and Regulatory Affairs within OMB determined that this final rule is not a significant regulatory action under section 3(f) of E.O. [17] titled Response of the Unified Carrier Registration Plan, p. 5. at 87 FR 3489 an NPRM titled Fees for the Unified Carrier Registration Plan and Agreement (Docket No. The Regulatory Flexibility Act (5 U.S.C. Section 2. In particular, 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 $170 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2020 levels) or more in any 1 year. 34. Start Printed Page 53689 UG Health Insurance Fee 2. 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. UC Tuition and Fees 2022-23. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. Contrary to OOIDA's assertion that the UCR Plan Board's authority to issue rules and regulations is expressly limited by the statute, the provision OOIDA cited instead directs items for which the UCR Plan must issue rules and regulations. FMCSA-2022-0001). The UCR Plan is no longer collecting fees for those registration years, and these sections are removed to avoid confusion or uncertainty about the applicable fees. This document has been published in the Federal Register. B. A. For support or questions, call 1-833-UCR-PLAN or send an email to helpdesk@ucr.gov. OOIDA commented about what it contends are FMCSA's past incorrect actions or inactions. However, the failure of the IAS to be formally appointed, meet, consider matters before the UCR Plan Board and provide recommendations does not render all actions of the UCR Plan Board unlawful, as OOIDA suggested. (49 U.S.C. Accordingly, FMCSA has not conducted a PIA. The fee adjustments are authorized by 49 U.S.C.
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