[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8192-8198]
[FR Doc No: 2020-01761]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 367

[Docket No. FMCSA-2019-0066]
RIN 2126-AC26

Fees for the Unified Carrier Registration Plan and Agreement

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes reductions in the annual registration
fees the 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
registration years beginning in 2020. For the 2020 registration year,
the fees will be reduced by 14.45 percent below the 2018 registration
fee level to ensure that fee revenues collected do not exceed the
statutory maximum, and to account for the excess funds held in the
depository. The fees will remain at the same level for 2021 and
subsequent years unless revised in the future. The reduction of the
current 2019 registration year fees (finalized on December 28, 2018)
range from approximately $3 to $2,712 per entity, depending on the
number of vehicles owned or operated by the affected entities.

DATES: This final rule is effective February 13, 2020.
    Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than March 16, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Gerald Folsom, Office of
Registration and Safety Information, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
(202) 385-2405.

SUPPLEMENTARY INFORMATION:

I. Rulemaking Documents

A. Availability of Rulemaking Documents

    For access to docket FMCSA-2019-0066 to read background documents,
go to https://www.regulations.gov at any time, or to Docket Operations
at U.S. Department of Transportation, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), the U.S. Department of
Transportation (DOT) solicits comments from the public to better inform
its rulemaking process. DOT posts any 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-FDMS), which can be reviewed at https://www.transportation.gov/privacy.

II. Abbreviations and Acronyms

    The following is a list of abbreviations used in this document

CE Categorical Exclusion
DOT U.S. Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SBREFA Small Business Regulatory Enforcement Fairness Act
SBTC Small Business in Transportation Coalition
SSRS Single State Registration System
UCR Unified Carrier Registration
UCR Agreement Unified Carrier Registration Agreement
UCR Board Unified Carrier Registration Board of Directors
UCR Plan Unified Carrier Registration Plan

III. Executive Summary

A. Purpose and Summary of the Major Provisions

    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. The
UCR Plan and Agreement are administered by a 15-member board of
directors (UCR Board); 14 appointed from the participating States and
the industry, plus the Deputy Administrator of FMCSA or another
Presidential appointee from the Department. Revenues collected are
allocated to the participating States and the UCR Plan. The maximum
amount that the UCR Plan may collect is established by statute. If
annual revenue collections will exceed the statutory maximum allowed,
then the UCR Plan must request adjustments to the fees (49 U.S.C.
14504a(f)(1)(E)). In addition, any excess funds held by the UCR Plan
after payments are made to the States and for administrative costs are
retained in the UCR depository, and fees subsequently charged must be
adjusted further to return the excess revenues held in the depository
as required by 49 U.S.C. 14504a(h)(4). Adjustments in the fees are
requested by the UCR Plan and approved by FMCSA. These two provisions
are the reasons for the two-stage adjustment adopted in this final
rule. The final rule provides for a reduction for registration years
beginning in 2020 to the annual registration fees established for the
UCR Agreement.
    Beginning in the 2020 registration year, the fees will be reduced
by 14.45 percent below the 2018 registration fee level to ensure that
fee revenues do not exceed the statutory maximum and to account for the
excess funds held in the depository. The fees beginning with the 2021
registration year will remain at the same level as the fees for 2020,
unless there is a future adjustment. The reduction of the current 2019
registration year fees (finalized on December 28, 2018) ranges from
approximately $3 to $2,712 per entity, depending on the number of
vehicles owned or operated by the affected entities.

B. Benefits and Costs

    The changes imposed by this final rule reduce the fees paid by
motor carriers, motor private carriers of property, brokers, freight
forwarders, and leasing companies to the participating States. While
each motor carrier will 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.

IV. Legal Basis for the Rulemaking

    This rule adjusts the annual registration fees for the UCR
Agreement established by 49 U.S.C. 14504a. The requested fee
adjustments are required by 49 U.S.C. 14504a because, for the
registration year 2018, the total revenues collected were expected to
exceed the total revenue entitlements of $108 million distributed to
the 41 participating States plus the $5 million established for the
administrative costs associated with the UCR Plan and Agreement.\1\ The
requested adjustments

have been submitted by the UCR Plan in accordance with 49 U.S.C.
14504a(f)(1)(E)(ii), which requires the UCR Board to request an
adjustment by the Secretary of Transportation (Secretary) when the
annual revenues collected exceed the maximum allowed. In addition, 49
U.S.C. 14504a(h)(4) states that any excess funds held by the UCR Plan
in its depository, after payments to the States and for administrative
costs, shall be retained ``and the fees charged . . . shall be reduced
by the Secretary accordingly.''
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    \1\ The UCR Plan is ``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 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).
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    The UCR Plan also requested approval of a revised total revenue
target to be collected because of an adjustment in the amount for costs
of administering the UCR Agreement. No changes in the revenue
entitlements to the participating States were recommended by the UCR
Plan. The revised total revenue target must be approved in accordance
with 49 U.S.C. 14504a(d)(7) and (g)(4).
    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).\2\
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    \2\ For the purpose of this rulemaking, the term ``FMCSA'' will
frequently be used in place of ``Secretary'' due to the delegated
authority provided by the Secretary. The term ``Secretary'' will be
used in quoted material and as otherwise appropriate.
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    The Administrative Procedure Act allows agencies to make rules
effective immediately with good cause, instead of requiring publication
30 days prior to the effective date. 5 U.S.C. 553(d)(3). FMCSA finds
there is good cause for this rule to be effective upon publication so
that the UCR Plan and the participating States may begin collection of
fees immediately for the registration year that will begin on January
1, 2020. The immediate commencement of fee collection will avoid
further delay in distributing revenues to the participating States.

V. Statutory Requirements for the UCR Fees

A. Legislative History

    The legislative history of 49 U.S.C. 14504a indicates that the
purpose of the UCR Plan and Agreement is both to replace the Single
State Registration System (SSRS) for registration of interstate motor
carrier entities with the States and to ``ensure that States don't lose
current revenues derived from SSRS'' (Sen. Rep. 109-120, at 2 (2005)).
The statute provides for a 15-member board of directors for the UCR
Plan to be appointed by the Secretary. The statute specifies that the
UCR Board should consist of one director (either the FMCSA Deputy
Administrator or another Presidential appointee from the Department)
from DOT; four directors from among the chief administrative officers
of the State agencies responsible for administering the UCR Agreement
(one from each of the four FMCSA service areas); five directors from
among the professional staffs of State agencies responsible for
administering the UCR Agreement, to be nominated by the National
Conference of State Transportation Specialists; and five directors from
the motor carrier industry, of whom at least one must be from a
national trade association representing the general motor carrier of
property industry and one from a motor carrier that falls within the
smallest fleet fee bracket (49 U.S.C. 14504a(d)(1)(B)).
    The UCR Plan and the participating States are authorized by 49
U.S.C. 14504a(f) to establish and collect fees from motor carriers,
motor private carriers of property, brokers, freight forwarders, and
leasing companies. The annual fees charged for registration year 2019
are set out in 49 CFR 367.50.
    For carriers and freight forwarders, the fees vary according to the
size of the vehicle fleets, as required by 49 U.S.C. 14504a(f). The
fees collected are allocated to the States and the UCR Plan in
accordance with 49 U.S.C. 14504a(h). Participating States submit a plan
demonstrating that an amount equivalent to the revenues received are
used for motor carrier safety programs, enforcement, or the
administration of the UCR Plan and Agreement (49 U.S.C.
14504a(e)(1)(B)).
    The UCR Plan and the participating States collect registration fees
for each registration year, which is the same period as the calendar
year. Usually, collection begins on October 1 of the previous year, and
continues until December 31 of the year following the registration
year. All of the revenues collected are distributed to the
participating States or to the UCR Plan for administration of the UCR
Agreement. No funds are distributed to the Federal Government.

B. Fee Requirements

    The statute specifies that fees are to be based on the
recommendation of the UCR Board (49 U.S.C. 14504a(d)(7)(A)). In
recommending the level of fees to be assessed in any registration year,
and in setting the fee level, the statute states that both the UCR
Board and FMCSA ``shall consider'' the following factors:
     Administrative costs associated with the UCR Plan and
Agreement;
     Whether the revenues generated in the previous year and
any surplus or shortage from that or prior years enable the
participating States to achieve the revenue levels set by the UCR
Board; and
     Provisions governing fees in 49 U.S.C. 14504a(f)(1).
    FMCSA, if asked by the UCR Board, may also adjust the fees within a
reasonable range on an annual basis if the revenues collected from the
fees are either insufficient to provide the participating States with
the revenues they are entitled to receive or exceed those revenues (49
U.S.C. 14504a(f)(1)(E)).
    Overall, the fees assessed under the UCR Agreement must produce the
level of revenue established by statute. Section 14504a(g) establishes
the revenue entitlements for States that choose to participate in the
UCR Plan. That section provides that a State, participating in SSRS in
the registration year prior to the enactment of the Unified Carrier
Registration Act of 2005, is entitled to receive revenues under the UCR
Agreement equivalent to the revenues it received in the year before
that enactment. Section 14504a(g) also requires that States that did
not participate in SSRS previously, but that choose to participate in
the UCR Plan, may receive revenues not to exceed $500,000 per year. The
UCR Board calculates the amount of revenue to which each participating
State is entitled under the UCR Agreement, which is then approved by
FMCSA.
    FMCSA's interpretation of its responsibilities under 49 U.S.C.
14504a in setting fees for the UCR Plan and Agreement is guided by the
primacy the statute places on the need both to set and to adjust the
fees so they ``provide the revenues to which the States are entitled''
(49 U.S.C. 14504a(f)(1)(E)(i)). The statute links the requirement that
the fees be adjusted ``within a reasonable range'' by both the UCR Plan
and FMCSA to the provision of sufficient revenues to meet the
entitlements of the participating States (49 U.S.C. 14504a(f)(1)(E);
see also 49 U.S.C. 14504a(d)(7)(A)(ii)).
    Section 14504a(h)(4) provides additional support for this
interpretation. The provision explicitly requires FMCSA to reduce the
fees for all motor carrier entities in the year following any year in
which the depository retains any funds in excess of the amount
necessary to satisfy the revenue entitlements of the participating
States and the UCR Plan's administrative costs.

VI. Recommendations From the UCR Plan

    On December 13, 2018, the UCR Board voted unanimously to submit a
recommendation to the FMCSA to reduce the fees collected by the UCR
Plan for registration years 2020 and thereafter. The recommendation was
submitted to the FMCSA on February 25, 2019.\3\ The requested fee
adjustments are required by 49 U.S.C. 14504a because, for registration
year 2018, the total revenues collected were expected to exceed the
total revenue entitlements of $108 million distributed to the 41
participating States plus the $5 million established for ``the
administrative costs associated with the unified carrier registration
plan and agreement'' (49 U.S.C. 14504a(d)(7)(A)(i)). The maximum
revenue entitlements for each of the 41 participating States,
established in accordance with 49 U.S.C. 14504a(g), were set out in a
table attached to the February 25, 2019, recommendation.
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    \3\ The February 25, 2019, recommendation from the UCR Plan and
all related tables are available in the docket.
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    On August 27, 2019, FMCSA published a notice of proposed rulemaking
(NPRM) reflecting the February 25 recommendation from the UCR Board (84
FR 44826). The NPRM requested comments addressing both the proposed
adjustment in the fees and the separate new total revenue target
recommendation by September 6, 2019.
    In comments submitted on September 6, 2019, following a vote of the
Plan's board of directors on September 5, the Plan updated its
recommendations for the fee adjustments and provided a revised analysis
supporting the recommendation. The principal components of the revised
analysis were: (1) An increase in the recommended amount for
administrative costs of the UCR Agreement from $3.2 million to $4
million; and (2) an update in the amount of actual and estimated
revenue collections for 2018. In the original analysis attached to the
February 25, 2019, recommendation letter, the UCR Plan estimated that,
by the end of 2019, total revenues would exceed the statutory maximum
by $9.38 million, or approximately 8.31 percent. The revised analysis
submitted with the comments indicates that total revenues will now
exceed the statutory maximum by $10.83 million, or approximately 9.61
percent. The excess revenues collected are being held in a depository
maintained by the UCR Plan as required by 49 U.S.C. 14504a(h)(4).
    The UCR Plan's revised recommendation includes actual revenues
collected through the end of August 2019. The Plan will now terminate
collections for each registration year on September 30 of the following
year, instead of the previous termination date of December 31 of the
following year. For the only remaining month of collections for 2018
(September 2019), the UCR Plan estimated the minimum projection of
revenue collections for that month by summing the collections within
each of the registration years 2013 through 2015 \4\ and then comparing
across years to find the minimum total amount. This is the same
methodology used to project collections and estimate fees in the
previous fee adjustment rulemaking (83 FR 67124, 67126, December 28,
2018).
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    \4\ Collections for registration year 2016 are not available for
use for this purpose because registration and fee collection for
that year was not finalized at the time of the UCR Plan
recommendation.
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    Under 49 U.S.C. 14504a(d)(7), the costs incurred by the UCR Plan to
administer the UCR Agreement are eligible for inclusion in the total
revenue target, in addition to the revenue entitlements for the
participating States. The total revenue target for registration years
2010 to 2018, as approved in the 2010 final rule (75 FR 21993, April
27, 2010), was $112,777,060, including $5,000,000 for administrative
costs. The final rule establishing the fees for the 2019 registration
year was based on an allowance for administrative costs of $3,500,000
(83 FR 67126, 67128). The UCR Plan's original recommendation included a
reduction in the amount of the administrative costs to $3,225,000 for
the 2020 and 2021 registration years. The reduction of $275,000
recommended by the UCR Plan was based on estimates of future
administrative costs needed to operate the UCR Plan and Agreement. The
comments submitted on September 6 included an updated estimate of
future annual administrative costs of $4,000,000, primarily because of
an increase in legal expenses.
    No changes in the State revenue entitlements were recommended, and
the entitlement figures for 2020 and 2021 for the 41 participating
States are the same as those previously approved for the years 2010
through 2019. Therefore, for registration years 2020 and thereafter,
the UCR Plan now recommends approval of a total revenue target of
$111,770,060.

VII. Discussion of the Comments

    FMCSA received three comments in response to the NPRM.

Unified Carrier Registration Plan Board of Directors

    As explained above, a comment was submitted by the UCR Plan Board
of Directors by its Acting Chairperson Elizabeth Leaman providing more
current financial data since several months had elapsed since the
Board's initial fee recommendation was submitted in February and
revenue collections were exceeding the previous estimates. This comment
also requested approval of an increased allowance for administrative
costs above what was originally requested in the February 25, 2019,
recommendation for both 2020 and 2021. The net effect was a slight
reduction in the fees recommended for 2020, as shown in the table
below:

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                                                                1-2             3-5            6-20           21-100         101-1000     1000 and above
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2020 Fee (Original).....................................             $60            $180            $357          $1,248          $5,946         $58,060
2020 Fee (Updated)......................................              59             176             351           1,224           5,835          56,977
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    The comment also included an analysis of the revenues already
received from the fees put into effect at the beginning of the 2019
registration year and accounted for the need to carry over the amount
of excess revenues from a previous year. It then determined that by the
end of the collection period for the 2019 registration year on
September 30, 2020, revenues would exceed the statutory maximum revenue
by approximately $7.7 million. The Plan therefore made a recommendation
that the fees for 2021 and after be set at the same level as the fees
for 2020.
    FMCSA has conducted an analysis of the Plan's revised
recommendation. It accepts the adjustment in the 2020 fees that would
result in a slightly lower level of fees than proposed in the

NPRM. It also accepts the recommendation to keep the fees at the same
level after 2020, instead of the increase from 2020 to 2021 proposed in
the NPRM. This change from the proposal in the NPRM is necessary to
conform to the maximum revenue target established by statute. If future
circumstances warrant further adjustment in the fee levels for 2021 or
subsequent years, either to ensure that the participating States
receive the revenues to which they are entitled, or to ensure that the
statutory maximum is not exceeded, then the UCR Plan can request an
adjustment in accordance with 49 U.S.C. 14504a(d)(7) and/or (h)(4).

Small Business in Transportation Coalition

    The comment from the Small Business in Transportation Coalition
(SBTC) asserts that since October 1, 2018, the UCR Plan has been
collecting fees from ``intrastate carriers'' under the new registration
system. SBTC claims that such collections from ``intrastate carriers''
are unlawful and could require refunds that might affect the revenues
available for distribution to the participating States and for the
costs of administering the UCR Agreement. These concerns were,
according to SBTC, also communicated directly to the UCR Plan without
any response.
    FMCSA has considered the concerns expressed by SBTC, and has
concluded that they do not require any adjustment in the fees
established by this final rule. An intrastate motor carrier operating
in any one of 37 States must register with the Agency and receive a
USDOT number (see 49 U.S.C. 31134(a) and (e) and https://www.fmcsa.dot.gov/registration/do-i-need-usdot-number). It is the
responsibility of the carrier to indicate correctly when registering
with FMCSA whether it is an intrastate motor carrier. FMCSA does
provide information to the UCR Plan about motor carriers that are
issued USDOT numbers for the purpose of administering the UCR Agreement
(cf. 49 U.S.C. 13908). It is the responsibility of each motor carrier
to determine if it is required to register with the UCR Plan under the
UCR Agreement because it is an interstate carrier, including carriers
engaged in interstate transportation in a single state that involved a
prior or subsequent movement across a State line.
    SBTC has not provided any data on the number of intrastate
carriers, if any, that have registered incorrectly or have been
registered incorrectly by a third-party service. It has also not
provided any estimate of the impact on the revenues of any incorrect
registrations by intrastate motor carriers. It appears from the
information submitted for the record by the UCR Plan in its comments
that, since 2019 registrations began, revenue collections by the Plan
and the participating States through August 2019 have already generated
almost $104 million towards the 2019 total revenue target of just over
$111 million. The UCR Plan anticipates receiving an additional amount
of over $4 million when 2019 registration closes in September 2020.
FMCSA considers it unlikely that incorrect registration of intrastate
motor carriers will have any significant impact on the revenues derived
from the fees.

Daniel Rodriguez

    Mr. Rodriguez submitted a comment stating that lowering the fees
would be good for trucking companies. The continuing reduction in the
fees after 2020 would provide additional benefits to trucking companies
and other entities required to register with the UCR Plan.

VIII. Approval of Total Revenue Target

    The comments from the UCR Plan, as indicated above, addressed the
adjustment proposed in the NPRM in the total revenue target to
$111,002,060, based on the original recommendation in February, which
reflected a reduction in the amount of the administrative costs from
$3,500,000 to $3,225,000. The UCR Plan is now recommending an
adjustment up to $4,000,000 for administrative costs, resulting in a
total revenue target of $111,777,060. 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
significantly higher on an ongoing basis. Therefore, in accordance with
49 U.S.C. 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 and
revised to reflect the updated recommendation. These State revenue
entitlements, the administrative costs, and the total revenue target
will remain in effect for 2020 and subsequent years unless and until
approval of a revision occurs.

   State UCR Revenue Entitlements and Final 2020 Total Revenue Target
------------------------------------------------------------------------
                                                          Total 2020 UCR
                         State                               revenue
                                                           entitlements
------------------------------------------------------------------------
Alabama................................................    $2,939,964.00
Arkansas...............................................     1,817,360.00
California.............................................     2,131,710.00
Colorado...............................................     1,801,615.00
Connecticut............................................     3,129,840.00
Georgia................................................     2,660,060.00
Idaho..................................................       547,696.68
Illinois...............................................     3,516,993.00
Indiana................................................     2,364,879.00
Iowa...................................................       474,742.00
Kansas.................................................     4,344,290.00
Kentucky...............................................     5,365,980.00
Louisiana..............................................     4,063,836.00
Maine..................................................     1,555,672.00
Massachusetts..........................................     2,282,887.00
Michigan...............................................     7,520,717.00
Minnesota..............................................     1,137,132.30
Missouri...............................................     2,342,000.00
Mississippi............................................     4,322,100.00
Montana................................................     1,049,063.00
Nebraska...............................................       741,974.00
New Hampshire..........................................     2,273,299.00
New Mexico.............................................     3,292,233.00
New York...............................................     4,414,538.00
North Carolina.........................................       372,007.00
North Dakota...........................................     2,010,434.00
Ohio...................................................     4,813,877.74
Oklahoma...............................................     2,457,796.00
Pennsylvania...........................................     4,945,527.00
Rhode Island...........................................     2,285,486.00
South Carolina.........................................     2,420,120.00
South Dakota...........................................       855,623.00
Tennessee..............................................     4,759,329.00
Texas..................................................     2,718,628.06
Utah...................................................     2,098,408.00
Virginia...............................................     4,852,865.00
Washington.............................................     2,467,971.00
West Virginia..........................................     1,431,727.03
Wisconsin..............................................     2,196,680.00
Sub-Total..............................................   106,777,059.81
Alaska.................................................       500,000.00
Delaware...............................................       500,000.00
                                                        ----------------
    Total State Revenue Entitlement....................   107,777,060.00
                                                        ----------------
    Administrative Costs...............................     4,000,000.00
                                                        ----------------
    Total Revenue Target...............................   111,777,060.00
------------------------------------------------------------------------

IX. International Impacts

    Motor carriers and other entities involved in interstate and
foreign transportation in the United States that do not have a
principal office in the United States are nonetheless subject to the
fees for the UCR Plan. They are required to designate a participating
State as a base State and pay the appropriate fees to that State. 49
U.S.C. 14504a(a)(2)(B)(ii) and (f)(4).

X. Section-by-Section Analysis

    Under this final rule, provisions of 49 CFR 367.60 (which were
adopted in the December 28, 2018, final rule) are

revised to establish new reduced fees applicable beginning in
registration year 2020. These fees will remain in effect in subsequent
registration years unless and until revised, so the new 49 CFR 367.70
proposed in the NPRM is not necessary and will not be adopted.

XI. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and DOT Regulatory Policies and
Procedures

    FMCSA determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866, 58 FR 51735
(October 4, 1993), Regulatory Planning and Review, as supplemented by
E.O. 13563, Improving Regulation and Regulatory Review (76 FR 3821,
January 21, 2011), 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 Order. It is also not significant
within the meaning of DOT regulatory policies and procedures (DOT Order
2100.6 dated Dec. 20, 2018).
    The changes imposed by this final rule adjust 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. 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 UCR revenue 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 of the current 2019
registration year fees (finalized on December 28, 2018) ranges from
approximately $3 to $2,712 per entity, depending on the number of
vehicles owned or operated by the affected entities.

B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs

    This final rule is not an E.O. 13771 regulatory action because this
rule is not significant under E.O. 12866.\5\
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    \5\ Executive Office of the President, Office of Management and
Budget. Guidance Implementing Executive Order 13771, Titled
``Reducing Regulation and Controlling Regulatory Costs.'' Memorandum
M-17-21. April 5, 2017.
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C. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).\6\
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    \6\ A ``major rule'' means any rule that the Administrator of
Office of Information and Regulatory Affairs at the Office of
Management and Budget 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, Federal agencies, State agencies, local government
agencies, or geographic regions; 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)).
---------------------------------------------------------------------------

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal
agencies to consider the impact of their regulatory proposals on small
entities, analyze effective alternatives that minimize small entity
impacts, and make their analyses available for public comment. The term
``small entities'' means 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 under 50,000.\7\ 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
entities. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
---------------------------------------------------------------------------

    \7\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
---------------------------------------------------------------------------

    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 the SBREFA, the participating 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 nor 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 (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 would have an impact on a significant number of
small entities, FMCSA examined the 2012 Economic Census \8\ data for
two different industries; truck transportation (Subsector 484) and
transit and ground transportation (Subsector 485). According to the
2012 Economic Census, approximately 99 percent of truck transportation
firms, and approximately 97 percent of transit and ground
transportation firms, had annual revenue less than the SBA revenue
threshold of $27.5 million and $15 million, respectively. Therefore,
FMCSA has determined that this rule will impact a substantial number of
small entities.
---------------------------------------------------------------------------

    \8\ U.S. Census Bureau, 2012 US Economic Census. Available at:
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_48SSSZ4&prodType=table (accessed
October 24, 2018).
---------------------------------------------------------------------------

    However, FMCSA has determined that this rule will not have a
significant impact on the affected entities. The effect of this rule
will be to reduce the registration fee motor carriers, motor private
carriers of property, brokers, freight forwarders, and leasing
companies are currently required to pay. The reduction will range from
approximately $3 to $2,712 per entity depending on the number of
vehicles owned and/or operated by the affected entities. FMCSA asserts
that the reduction in fees will not have a significant impact on the
affected small entities. Accordingly, I hereby certify that this rule
will not have a significant economic impact on a substantial number of
small entities.

E. Assistance for Small Entities

    In accordance with section 213(a) of the SBREFA, FMCSA wants to
assist small entities in understanding this final rule so that they can
better evaluate its effects on themselves and participate in the
rulemaking initiative.

If the final rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA point of
contact, Gerald Folsom, listed in the FOR FURTHER INFORMATION CONTACT
section of this final rule.
    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 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.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. 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 $165 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2018 levels) or more in any one year. Though this final rule will not
result in any such expenditure, the Agency discusses the effects of
this rule elsewhere in this preamble.

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. FMCSA determined that no information collection
requirements are associated with this final rule. Therefore, the PRA
does not apply to this final rule.

H. 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 on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation, imposes substantial direct unreimbursed
compliance costs on any State, or diminishes the power of any State to
enforce its own laws. As detailed above, the UCR Board includes
substantial State representation. The States have already had
opportunity for input through their representatives. Accordingly, this
rulemaking does not have federalism implications warranting the
application of E.O. 13132.

I. E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.

J. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks, 62 FR 19885 (April 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this final rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, the Agency does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.

K. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

L. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment of a regulation that will affect
the privacy of individuals. This rule does not require the collection
of personally identifiable information and will not affect the privacy
of individuals.

M. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

N. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that this rule is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

O. 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.

P. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) are standards that are developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, FMCSA did not consider the use of voluntary
consensus standards.

Q. National Environmental Policy Act

    FMCSA analyzed this rule for the purpose of 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
(March 1, 2004), Appendix 2, paragraph 6.h. The Categorical Exclusion
(CE) in paragraph 6.h. covers regulations and actions taken pursuant to
the regulations implementing procedures to collect fees that will be
charged for motor carrier registrations. The content in this rule is
covered by this CE and the final action does not have any effect on the
quality of the environment. The CE determination is available in the
docket.

List of Subjects in 49 CFR Part 367

    Insurance, Intergovernmental relations, Motor carriers, Surety
bonds.

    For the reasons discussed in the preamble, FMCSA is amending title
49 CFR 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.  367.60 to read as follows:

Sec.  367.60   Fees under the Unified Carrier Registration Plan and
Agreement for registration years beginning in 2020.

 Table 1 to Sec.   367.60--Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year
                              2020 and Each Subsequent Registration Year Thereafter
----------------------------------------------------------------------------------------------------------------
                                  Number of commercial motor       Fee per entity for
                                vehicles owned or operated by     exempt or non-exempt      Fee per entity for
           Bracket                exempt or non-exempt motor      motor carrier, motor      broker or leasing
                               carrier, motor private carrier,    private carrier, or            company
                                     or freight forwarder          freight forwarder
----------------------------------------------------------------------------------------------------------------
B1...........................  0-2............................                      $59                      $59
B2...........................  3-5............................                      176
B3...........................  6-20...........................                      351
B4...........................  21-100.........................                    1,224
B5...........................  101-1,000......................                    5,835
B6...........................  1,001 and above................                   56,977
----------------------------------------------------------------------------------------------------------------

    Issued under authority delegated in 49 CFR 1.87 on:

    Dated: January 24, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-01761 Filed 2-12-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51243-51245]
[FR Doc No: 2022-17937]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0694; Airspace Docket No. 22-ACE-12]
RIN 2120-AA66

Amendment of Class D and Class E Airspace and Establishment of
Class E Airspace; Columbia, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace and
establishes Class E airspace at Columbia, MO. This action is the result
of a biennial airspace review. The geographic coordinates of the
airport are also being updated to coincide with the FAA's aeronautical
database.

DATES: Effective 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class D airspace, the Class E surface airspace, and
the Class E airspace extending upward from 700 feet above the surface
and establishes Class E airspace designated as an extension to Class D
and Class E surface airspace at Columbia Regional Airport, Columbia,
MO, to support instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 33660; June 3, 2022) for Docket No. FAA-2022-0694 to
amend the Class D and Class E airspace and establish Class E airspace
at Columbia, MO. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class D and E airspace designations are published in paragraphs
5000, 6002, 6004, and 6005, respectively, of FAA Order JO 7400.11F,
dated August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Differences From the NPRM

    Subsequent to the publication, the FAA discovered a typographical
error in the geographic coordinates of the Columbia VOR/DME. ``lat.
38[deg]48'29'' N'' should be ``lat. 38[deg]48'39'' N.'' That error has
been corrected in this action.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class D airspace at Columbia Regional Airport, Columbia,
MO, by updating the geographic coordinates of the airport to coincide
with the FAA's aeronautical database; and replaces the outdated terms
``Notice to Airmen'' with ``Notice to Air Missions'' and ``Airport/
Facility Directory'' with ``Chart Supplement'';
    Amends the Class E surface airspace at Columbia Regional Airport by
updating the geographic coordinates of the airport to coincide with the
FAA's aeronautical database; and adds missing part-time language to the
airspace legal description;
    Establishes Class E airspace designated as an extension to Class D
and Class E surface airspace at Columbia Regional Airport within 2.4
miles each side of the Columbia VOR/DME 019[deg] radial extending from
the 4.3-mile radius of the Columbia Regional Airport to 7 mile north of
the Columbia VOR/DME; and within 2 miles each side of the 315[deg]
bearing from the airport extending from the 4.3-mile radius of the
airport to 9.7 miles northwest of the airport;
    And amends the Class E airspace extending upward from 700 feet at
Columbia Regional Airport by removing the Columbia Regional Airport ILS
Localizer and the associated extensions from the airspace legal
description as they are no longer needed; adds an extension 2.4 miles
each side of the Columbia VOR/DME 019[deg] radial extending from the
6.8-mile radius of the airport to 7 miles north of the Columbia VOR/
DME; adds an extension 2 miles each side of the 315[deg] bearing from
the airport extending from the 6.8-mile radius of the airport to 10.7
miles northwest of the airport; adds an extension 2 miles each side of
the Columbia VOR/DME 333[deg] radial extending from the 6.8-mile radius
of the airport to 11.1 miles northwest of the airport; and updates the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    This action is necessary due to a biennial airspace review.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and

effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Columbia, MO [Amended]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)

    That airspace extending upward from the surface to and including
3,400 feet MSL within a 4.3-mile radius of Columbia Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective dates and times will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ACE MO E2 Columbia, MO [Amended]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)

    Within a 4.3-mile radius of Columbia Regional Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Air Missions. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class E or Class E Surface Area.

* * * * *

ACE MO E4 Columbia, MO [Establish]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)
Columbia VOR/DME
    (Lat. 38[deg]48'39'' N, long. 92[deg]13'06'' W)

    That airspace extending upward from the surface within 2.4 miles
each side of the Columbia VOR/DME 019[deg] radial extending from the
4.3-mile radius of the Columbia Regional Airport to 7 miles north of
the Columbia VOR/DME; and within 2 miles each side of the 315[deg]
bearing from the Columbia Regional Airport extending from the 4.3
mile radius of the airport to 9.7 miles northwest of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE MO E5 Columbia, MO [Amended]

Columbia Regional Airport, MO
    (Lat. 38[deg]49'04'' N, long. 92[deg]13'04'' W)
Columbia VOR/DME
    (Lat. 38[deg]48'39'' N, long. 92[deg]13'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Columbia Regional Airport; and within
2.4 miles each side of the Columbia VOR/DME 019[deg] radial
extending from the 6.8-mile radius of the Columbia Regional Airport
to 7 miles north of the Columbia VOR/DME; and within 2 miles each
side of the 315[deg] bearing from the Columbia Regional Airport
extending from the 6.8-mile radius of the airport to 10.7 miles
northwest of the airport; and within 2 miles each side of the
Columbia VOR/DME 333[deg] radial extending from the 6.8-mile radius
of the Columbia Regional Airport to 11.1 miles northwest of the
airport.

    Issued in Fort Worth, Texas, on August 16, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-17937 Filed 8-19-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Page 64415]
[FR Doc No: 2015-26769]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0651; FRL-9934-39]

Pesticide Program Dialogue Committee; Notice of Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Environmental Protection
Agency has determined that, in accordance with the provisions of the
Federal Advisory Committee Act (FACA), 5 U.S.C. App.2., the Pesticide
Program Dialogue Committee (PPDC) is a necessary committee which is in
the public interest. Accordingly, PPDC will be renewed for an
additional two-year period. The purpose of PPDC is to provide advice
and recommendations to the EPA Administrator on issues associated with
regulatory development and reform initiatives, evolving public policy
and program implementation issues, and science issues associated with
evaluating and reducing risks from use of pesticides.

FOR FURTHER INFORMATION CONTACT: Dea Zimmerman, Designated Federal
Officer, Pesticide Program Dialogue Committee (PPDC), U.S. EPA, (mail
code LC-8J), 77 W. Jackson Boulevard, Chicago, IL 60604, telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Does this action apply to me?

    You may be potentially affected by this action if you work in in
agricultural settings or if you are concerned about implementation of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the
Federal Food, Drug, and Cosmetic Act (FFDCA); and the amendments to
both of these major pesticide laws by the Food Quality Protection Act
(FQPA) of 1996; the Pesticide Registration Improvement Act, and the
Endangered Species Act. Potentially affected entities may include, but
are not limited to: Agricultural workers and farmers; pesticide
industry and trade associations; environmental, consumer, and farm
worker groups; pesticide users and growers; animal rights groups; pest
consultants; State, local, and tribal governments; academia; public
health organizations; and the public. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0651, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

    Authority: 5 U.S.C. App.2.

    Dated: October 13, 2015.
Jack Housenger,
Director, Office of Pesticide Programs.
[FR Doc. 2015-26769 Filed 10-22-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27591-27592]
[FR Doc No: 2014-11101]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2246-065]

Yuba County Water Agency; Notice of Application Tendered for
Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2246-065.
    c. Date Filed: April 28, 2014.
    d. Applicant: Yuba County Water Agency.
    e. Name of Project: Yuba River Development Project.
    f. Location: The Yuba River Development Project facilities are
located on the western slope of the Sierra Nevada on the main stems of
the Yuba River, the North Yuba River, the Middle Yuba River, and Oregon
Creek (a tributary to the Middle Yuba River) in Yuba, Sierra, and
Nevada Counties, California. Portions of the project occupy lands of
the Plumas and Tahoe National Forests.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Curt Aikens, General Manager, Yuba County
Water Agency, 1220 F Street, Marysville, California 95901,<PHONE_NUMBER>
    i. FERC Contact: Alan Mitchnick at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. The Project Description:

New Colgate Development

    The New Colgate development consists of the following existing
facilities: (1) The 70-foot-high, 368-foot-long Our House diversion dam
with a storage capacity of 280 acre-feet, located on the Middle Yuba
River 12.0 miles upstream of its confluence with the North Yuba River;
(2) the 12.5-foot-high by 12.5-foot-wide, 19,410-foot-long Lohman Ridge
diversion tunnel that conveys a maximum flow of 860 cubic feet per
second (cfs) from the Middle Yuba River to Oregon Creek; (3) the 42.5-
foot-high and 105-foot-radius Log Cabin diversion dam on Oregon Creek
with a storage capacity of 90 acre-feet; (4) the 6,107-foot-long
Camptonville diversion tunnel, with the capacity to convey 1,100 cfs of
water to New Bullards Bar reservoir on the North Yuba River; (5) the
645-foot-high, 2,323-foot-long New Bullards Bar dam located on the
North Yuba River about 2.3 miles upstream of its confluence with the
Middle Yuba River, with an actual release capacity of 1,250 cfs; (6)
the New Bullards Bar reservoir, a storage reservoir on the North Yuba
River formed by New Bullards Bar dam, with a storage area of 4,790
acres; (7) the New Bullards Bar dam overflow-type spillway with a width
of 106 feet and a crest elevation of 1,902 feet; (8) the 5.2-mile-long
New Colgate Power tunnel and penstock, with a maximum flow capacity of
3,500 cfs; (9) the New Colgate powerhouse, located adjacent to the Yuba
River containing two Pelton type turbines with a total generating
capacity of 315 megawatts (MW); (10) the New Colgate switchyard,
located adjacent to the New Colgate powerhouse; (11) recreation
facilities on New Bullards Bar reservoir, including Emerald Cove
Marina, Hornswoggle Group Camp, Schoolhouse Family Camp, Dark Day
Campground, Dark Day Boat Ramp, Garden Point Campground, Madrone Cove
Campground, and Cottage Creek Boat Ramp; and (12) appurtenant
facilities and features including access roads.
    The applicant proposes to construct a flood control outlet at New
Bullards Bar dam and a tailwater depression system at New Colgate
powerhouse.

New Bullards Bar Minimum Flow Development

    The New Bullards Bar Minimum Flow Development consists of the
following existing facilities: (1) The 70-foot long, 12-inch-diameter
New Bullards minimum flow powerhouse penstock with a maximum flow
capacity of 6 cfs; (2) the New Bullards minimum flow powerhouse,
containing a single Pelton turbine with a capacity of 150 kilowatts;
(3) the New Bullards minimum flow transformer, located adjacent to the
New Bullards minimum flow powerhouse; and (4) appurtenant facilities
and features, including access roads.

Narrows 2 Development

    The Narrows 2 Development consists of the following existing
facilities: (1) The Narrows 2 powerhouse penstock, a tunnel that is 20
feet in diameter and concrete lined in the upper 376 feet, and 14 feet
in diameter and steel lined for the final 371.5 feet, with a maximum
flow capacity of 3,400 cfs; (2) the Narrows 2 flow bypass, a valve and
penstock branch off the main Narrows 2 penstock that provides the
capability to bypass flows of up to 3,000 cfs around the Narrows 2
powerhouse during times of full or partial powerhouse shutdowns; (3)
the Narrows 2 powerhouse, an indoor powerhouse located at the base of
the U.S. Army Corps of Engineer's Englebright dam,

consisting of one vertical axis Francis turbine with a generating
capacity of 46.7 MW; (4) the Narrows 2 powerhouse switchyard, located
adjacent to the powerhouse; and (5) appurtenant facilities and
features, including access roads.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in item (h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule:
    The application will be processed according to the following
preliminary Hydro Licensing Schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready for       May 2016.
 Environmental Analysis.
Filing of recommendations, preliminary terms   July 2016.
 and conditions, and fishway prescriptions.
Commission issues Draft Environmental Impact   January 2017.
 Statement (EIS).
Comments on Draft EIS........................  February 2017.
Modified Terms and Conditions................  April 2017.
Commission Issues Final EIS..................  July 2017.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the Notice
of Ready for Environmental Analysis.

    Dated: May 8, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-11101 Filed 5-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70155-70156]
[FR Doc No: 2021-26675]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-586, OMB Control No. 3235-0647]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 204

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information provided for in Rule 204 (17 CFR 242.204) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission
plans to submit this existing collection of information to the Office
of Management and Budget (``OMB'') for extension and approval.
    Rule 204(a) provides that a participant of a registered clearing
agency must deliver securities to a registered clearing agency for
clearance and settlement on a long or short sale in any equity security
by settlement date, or if a participant of a registered clearing agency
has a fail to deliver position at a registered clearing agency in any
equity security for a long or short sale transaction in the equity
security, the participant shall, by no later than the beginning of
regular trading hours on the applicable close-out date, immediately
close out its fail to deliver positions by borrowing or purchasing
securities of like kind and quantity. For a short sale transaction, the
participant must close out a fail to deliver by no later than the
beginning of regular trading hours on the settlement day following the
settlement date. If a participant has a fail to deliver that the
participant can demonstrate on its books and records resulted from a
long sale, or that is attributable to bona-fide market making
activities, the participant must close out the fail to deliver by no
later than the beginning of regular trading hours on the third
consecutive settlement day following the settlement date. Rule 204 is
intended to help further the Commission's goal of reducing fails to
deliver by maintaining the reductions in fails to deliver achieved by
the adoption of temporary Rule 204T, as well as other actions taken by
the Commission. In addition, Rule 204 is intended to help further the
Commission's goal of addressing potentially abusive ``naked'' short
selling in all equity securities.
    The information collected under Rule 204 will continue to be
retained and/or provided to other entities pursuant to the specific
rule provisions and will be available to the Commission and self-
regulatory organization (``SRO'') examiners upon request. The
information collected will continue to aid the Commission and SROs in
monitoring compliance with these requirements. In addition, the
information collected will aid those subject to Rule 204 in complying
with its requirements. These collections of information are mandatory.
    Several provisions under Rule 204 will impose a ``collection of
information'' within the meaning of the Paperwork Reduction Act.
    I. Allocation Notification Requirement: As of December 31, 2020,
there were 3,551 registered broker-dealers.\1\ Each of these broker-
dealers could clear trades through a participant of a registered
clearing agency and, therefore, become subject to the notification
requirements of Rule 204(d). If a participant allocates a fail to
deliver position to a broker or dealer pursuant to Rule 204(d), the
broker or dealer that has been allocated the fail to deliver position
in an equity security must determine whether such fail to deliver
position was closed out in accordance with Rule 204(a). If such broker
or dealer does not comply with the provisions of Rule 204(a), such
broker or dealer must immediately notify the participant that it has
become subject to the requirements of Rule 204(b). The Commission
estimates that a broker or dealer could have to make such determination
and notification with respect to approximately 2.1 equity securities
per day.\2\ The Commission estimates a total of 1,886,646 potential
notifications in accordance with Rule 204(d) across all registered
broker-dealers that could be allocated responsibility to close out a
fail to deliver position per year (3,551 registered broker-dealers
notifying participants once per day \3\ on 2.1 equity securities,
multiplied by 253 trading days in 2020). The total estimated annual
burden hours per year will be approximately 301,864 burden hours
(1,886,646 multiplied by 0.16 hours/notification).\4\
---------------------------------------------------------------------------

    \1\ The Commission's Division of Economic Risk and Analysis
(``DERA'') estimates that there were approximately 3,551 registered
broker-dealers as of December 31, 2020.
    \2\ DERA estimates that there were approximately 7,450 average
daily fail to deliver positions during 2020. Across 3,551 registered
broker-dealers, the number of securities per registered broker-
dealer per trading day is approximately 2.1 (7,450 / 3,551) equity
securities.
    \3\ Because failure to comply with the close-out requirements of
Rule 204(a) is a violation of the rule, the Commission believes that
a broker or dealer would make the notification to a participant that
it is subject to the borrowing requirements of Rule 204(b) at most
once per day.
    \4\ See Amendments to Regulation SHO, Exchange Act Release No.
60388 (July 27, 2009), 74 FR 38265 (July 31, 2009) (``Rule 204
Adopting Release'') (July 27, 2009) (making permanent the amendments
to Regulation SHO contained in Interim Final Temporary Rule 204T and
incorporating by reference the time estimates from the Rule 204T
Adopting Release for compliance with the notification,
demonstration, and certification requirements of Rule 204).
---------------------------------------------------------------------------

    II. Demonstration Requirement for Fails to Deliver on Long Sales:
As of December 31, 2020, there were 127 participants of NSCC that were
registered as broker-dealers. If a participant of a registered clearing
agency has a fail to deliver position in an equity security at a
registered clearing agency and determined that such fail to deliver
position resulted from a long sale, the Commission estimates that a
participant of a registered clearing agency will have to make such a
determination with respect to approximately 29 securities per day.\5\
The Commission estimates a total of 931,799 potential demonstrations in
accordance with Rule 204(a)(1) across all broker-dealer participants
per year (127 participants checking for compliance once per day on 29
securities, multiplied by 253 trading days in 2020). The total
approximate estimated annual burden hours per year will be
approximately 149,088 burden

hours (931,799 multiplied by 0.16 hours/demonstration).\6\
---------------------------------------------------------------------------

    \5\ DERA estimates that during 2020 approximately 49.2% of trade
volume was long. DERA estimates that there were approximately 7,450
average daily fail to deliver positions during 2020. Across 127
broker-dealer participants of the NSCC, the number of securities per
participant per day is approximately 59 (7,450 / 127) equity
securities. 49.2% of 59 equity securities per trading day equals
approximately 29 securities per day.
    \6\ See supra note 4.
---------------------------------------------------------------------------

    III. Pre-Borrow Notification Requirement: As of December 31, 2020,
there were 127 participants of NSCC that were registered as broker-
dealers. If a participant of a registered clearing agency has a fail to
deliver position in an equity security, the participant must determine
whether the fail to deliver position was closed out in accordance with
Rule 204(a). The Commission estimates that a participant of a
registered clearing agency will have to make such determination with
respect to approximately 59 equity securities per day.\7\ The
Commission estimates a total of 1,895,729 potential notifications in
accordance with Rule 204(c) across all participants per year (127
broker-dealer participants notifying broker-dealers once per day on 59
securities, multiplied by 253 trading days in 2020). The total
estimated annual burden hours per year will be approximately 303,317
burden hours (1,895,729 multiplied by 0.16 hours/notification).\8\
---------------------------------------------------------------------------

    \7\ See supra note 5.
    \8\ See supra note 4.
---------------------------------------------------------------------------

    IV. Certification Requirement: As of December 31, 2020, there were
3,551 registered broker-dealers. Each of these broker-dealers may clear
trades through a participant of a registered clearing agency. If the
broker-dealer determines that it has not incurred a fail to deliver
position on settlement date for a long or short sale in an equity
security for which the participant has a fail to deliver position at a
registered clearing agency or has purchased or borrowed securities in
accordance with the pre-fail credit provision of Rule 204(e), the
Commission estimates that a broker-dealer could have to make such
determination with respect to approximately 2.1 securities per day.\9\
The Commission estimates that each such registered broker-dealer could
have to certify to a participant that the broker-dealer has not
incurred a fail to deliver position on settlement date for a long or
short sale in an equity security for which the participant has a fail
to deliver position at a registered clearing agency or, alternatively,
that the broker-dealer is in compliance with the requirements set forth
in the pre-fail credit provision of Rule 204(e), 1,886,646 times per
year (3,551 registered broker-dealers certifying once per day on 2.1
securities, multiplied by 253 trading days in 2020). The total
approximate estimated annual burden hours per year will be
approximately 301,864 burden hours (1,886,646 multiplied by 0.16 hours/
certification).\10\
---------------------------------------------------------------------------

    \9\ See supra note 2.
    \10\ See supra note 4.
---------------------------------------------------------------------------

    V. Pre-Fail Credit Demonstration Requirement: As of December 31,
2020, there were 3,551 registered broker-dealers. If a broker-dealer
purchased or borrowed securities in accordance with the conditions
specified in Rule 204(e) and determined that it had a net long position
or net flat position on the settlement day for which the broker-dealer
is claiming pre-fail credit, the Commission estimates that a broker-
dealer could have to make such determination with respect to
approximately 2.1 securities per day.\11\ The Commission estimates that
the total number of times per year that such registered broker-dealers
could have to demonstrate on their respective books and records that
the broker-dealer has a net long position or net flat position on the
settlement day for which the broker-dealer is claiming pre-fail credit
is 1,886,646 times per year (3,551 registered broker-dealers checking
for compliance once per day on 2.1 equity securities, multiplied by 253
trading days in 2020). The total approximate estimated annual burden
hours per year will be 301,864 burden hours (1,886,646 multiplied by
0.16 hours/demonstration).\12\
---------------------------------------------------------------------------

    \11\ See supra note 2.
    \12\ See supra note 4.
---------------------------------------------------------------------------

    The total aggregate annual burden for the collection of information
undertaken pursuant to all five provisions is thus 1,357,997 hours per
year (301,864 + 149,088 + 303,317 + 301,864 + 301,864).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: December 6, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26675 Filed 12-8-21; 8:45 am]
BILLING CODE 8011-01-P