DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 367
[Docket No. FMCSA-2025-0655]
RIN 2126-AC72
Fees for the Unified Carrier Registration Plan and Agreement
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: FMCSA proposes amendments to its regulations governing the annual Unified Carrier Registration (UCR) Plan and Agreement registration fees that participating States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The UCR Board of Directors (Board) did not recommend any change in fees for the 2026 registration year, therefore the fees remained the same as the 2025 registration year. However, on September 18, 2025, the Board recommended a fee increase for the 2027 registration year and subsequent registration years. This recommended increase averages 20 percent, with varying increases between $9 and $9,329 per entity, depending on the applicable fee bracket. Even after the proposed increase, the fees for registration year 2027 are still less than those in effect during registration years 2019 through 2022. FMCSA proposes to adopt the recommended fee increase.
DATES: Comments must be received on or before May 7, 2026.
ADDRESSES:
You may submit comments identified by Docket Number FMCSA-2025-0655 using any of the following methods:
•
Federal eRulemaking Portal:
Go to
https://www.regulations.gov/docket/FMCSA-2025-0655/document.
Follow the online instructions for submitting comments.
•
Mail:
Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001.
•
Hand Delivery or Courier:
Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
•
Fax:
(202) 493-2251.
FOR FURTHER INFORMATION CONTACT:
Mr. Kenneth Riddle, Director, Office of Registration and Safety Information, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
FMCSAMCRS@dot.gov.
If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Executive Summary
A. Purpose and Summary of the Regulatory Action
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT Policies and Procedures for Rulemakings
B. Waiver of Advance Notice of Proposed Rulemaking
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969
K. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this NPRM (FMCSA-2025-0655), indicate the specific section of this document to which your comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so FMCSA can contact you if there are questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/FMCSA-2025-0655/document,
click on this NPRM, click “Comment,” and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
1/2
by 11 inches, suitable for copying and electronic filing.
FMCSA will consider all comments and material received during the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the NPRM. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
brian.g.dahlin@dot.gov.
At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket, go to
https://www.regulations.gov/docket/FMCSA-2025-0655/document
and choose the document to review. To view comments, click this NPRM, then click “Document Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, including any personal information the commenter provides, to
www.regulations.gov
as described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at
https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.
The comments are posted without edits and are searchable by the name of the submitter.
II. Executive Summary
Under 49 U.S.C. 14504a, the UCR Plan and the 41 States participating in the UCR Agreement collect fees from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The UCR Plan and Agreement are administered by a 15-member Board, which is comprised of 14 members appointed from the participating States and the motor carrier industry, as well as the Deputy Administrator of FMCSA, who is a statutory member. Revenues collected are allocated to the participating States and the UCR Plan.
In accordance with 49 U.S.C. 14504a(d)(7) and (f)(1)(E), the Board provides fee adjustment recommendations to the Secretary of Transportation (the Secretary) when revenue collections result in a shortfall or surplus from the amount authorized by statute. Statutory factors the Board considers in making a recommendation include the administrative costs of the UCR Plan and Agreement and 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 board (49 U.S.C. 14504a(d)(7)(A)(i) and (ii)). It is important to note that, while each year's revenue targets can fluctuate based on the number of registered interstate carriers and freight brokers, and the size of the carriers' fleets—which can vary based on economic conditions and other factors—the statutory allocation of revenue to participating states remains the same under 49 U.S.C. 14504a(g). If the required payments to the States and the cost of administering the UCR Plan exceed the amount in the depository, the UCR Plan must collect additional fees in subsequent years to recover the shortfall (49 U.S.C. 14504a(f)(1)(E)(i)). If there are excess funds after payments to the States and for administrative costs, they are retained in the UCR Plan's depository, see 49 U.S.C. 14504a(f)(1)(E)(ii)), and fees for subsequent registration years must be reduced as required by 49 U.S.C. 14504a(h)(4).
These two distinct statutory provisions are recognized in the fee adjustment recommended by the UCR Plan. In this NPRM, FMCSA proposes to increase, by an average of 20 percent, the annual registration fees established pursuant to the UCR Agreement for the 2027 registration year and subsequent years.
1
1
The UCR Plan Board's recommendation (September 2025 Fee Recommendation) was issued on September 18, 2025, and is available in the docket for this rulemaking.
The changes proposed in this NPRM would increase the fees paid by motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies to the UCR Plan and the participating States. While the increase in fees is a private cost to covered entities, fees are considered by the Office of Management and Budget (OMB) Circular A-4, Regulatory Analysis, as transfer payments, not costs. (68 FR 58366 (Oct. 9, 2003)).
2
The details of the amount of increase to the annual UCR fee for each fee bracket, are included in the discussion below in Section VI.
2
Available at
https://www.federalregister.gov/documents/2003/10/09/03-25606/circular-a-4-regulatory-analysis.
III. Abbreviations
CBI Confidential business information
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement Fairness Act of 1996
Secretary Secretary of Transportation
UCR Unified Carrier Registration
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
IV. Legal Basis
This rulemaking would adjust the annual UCR registration fees, as authorized by 49 U.S.C. 14504a. Section 14504a provides that the revenues collected from the fees should not exceed the maximum annual revenue entitlements distributed to the 41 participating States plus the amount established for administrative costs associated with the UCR Plan and Agreement. In accordance with 49 U.S.C. 14504a(f)(1)(E)(i), the statute provides for the UCR Plan to request an adjustment by the Secretary when the annual revenues are insufficient to provide the revenues to which the participating States are entitled.
In addition, 49 U.S.C. 14504a(h)(4) states that any excess funds from previous registration years held by the UCR Plan in its depository, after distribution to the States and for payment of administrative costs, shall be retained and the fees charged shall be reduced by the Secretary accordingly.
The UCR Plan must also obtain DOT approval to revise the total revenue to be collected, in accordance with 49 U.S.C. 14504a(d)(7). However, no changes in the revenue allocations to the participating States were recommended by the UCR Plan or would be authorized by this rulemaking, as those amounts are fixed by statute.
The Secretary also has broad rulemaking authority in 49 U.S.C. 13301(a) to carry out 49 U.S.C. 14504a, which is part of 49 U.S.C. subtitle IV, part B. Authority to administer these statutory provisions has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(2) and (7).
V. Background
The UCR follows a two-year cycle when making fee recommendations, meaning that the collections for the 2025 registration year are used to calculate fees for the 2027 registration year, and collections for the 2026 registration year will be used to calculate fees for the 2028 registration year. While the registration year is aligned with the calendar year, the administrative period during which fees for any given year are collected (also known as a “fee year”) spans more than two calendar years. A three-month pre-registration window opens on October 1 of the year prior to the registration year, fees are due on January 1 of the registration year but continue to be collected throughout the year, and there is an audit and dispute resolution period in the calendar year following the registration year. FMCSA analyzed these procedures in greater detail in its final rule setting fees for the 2023 registration year (87 FR 53680, 53684 (Sep. 1, 2022)).
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3
Available at
https://www.federalregister.gov/documents/2022/09/08/2022-19354/fees-for-the-unified-carrier-registration-plan-and-agreement.
This NPRM follows UCR adjustments for the 2024 and 2025 registration years and no adjustments for the 2026 registration year. The 2024 final rule (“Fees for the Unified Carrier Registration Plan and Agreement,” June 17, 2024 (89 FR 51266))
4
increased the fees for 2025 by an average of 25 percent above the fees for the 2024 registration year. No fee adjustments were introduced for the 2026 registration year, keeping the fee bracket levels intact.
4
Available at
https://www.federalregister.gov/documents/2024/06/17/2024-13192/fees-for-the-unified-carrier-registration-plan-and-agreement.
All fee adjustment recommendations were submitted by the UCR Plan, in accordance with 49 U.S.C. 14504a(d)(7) and (f)(1). The statute gives primacy to the need to set the fees at a level that ensures that each of the participating States receive the revenues to which they are entitled (49 U.S.C. 14504a(f)(1)(E)(i) and (g)(4)). The adjustment in the fees to be paid to the UCR Plan for distribution to the participating States is necessary to accomplish this statutory objective.
The fee levels, actual and proposed, for the registration years 2019 to 2027 are shown in the following table:
Table 1—UCR Plan Fees—2019-2027| Bracket |
Number of
CMVs
| 2019 | 2020-2022 | 2023 | 2024 | 2025 | 2026 | 2027 |
|---|
| * Also applies to brokers and leasing companies. |
| 1 | 0-2 * | $62 | $59 | $41 | $37 | $46 | $46 | $55 |
| 2 | 3-5 | 204 | 176 | 121 | 111 | 138 | 138 | 167 |
| 3 | 6-20 | 407 | 351 | 242 | 221 | 276 | 276 | 333 |
| 4 | 21-100 | 1,420 | 1,224 | 844 | 769 | 963 | 963 | 1,163 |
| 5 | 101-1000 | 6,766 | 5,835 | 4,024 | 3,670 | 4,592 | 4,592 | 5,548 |
| 6 | 1001+ | 66,072 | 56,977 | 39,289 | 35,836 | 44,836 | 44,836 | 54,165 |
Even after the proposed increase, the fees for registration year 2027 are still less than those in effect during registration years 2019 through 2022.
On September 18, 2025, the UCR Plan recommended to the Secretary that FMCSA increase the fees for the 2027 registration year no later than September 1, 2026 to allow collections to begin on October 1, 2026. As noted above, the recommendation and supporting documents are available in the docket for this rulemaking. In addition to the fee recommendation information from the UCR Plan, the submission also included an explanation of the basis for the recommendation and the procedures the UCR Plan followed in its development. This fee recommendation also included an explanation of the methodology used when calculating the fee, to facilitate public comment and allow replication of the analysis in the UCR Plan's recommendation.
VI. Discussion of Proposed Rulemaking
The purpose of the 2027 registration year fee increase is to cover the projected $21.79 million shortfall in the statutorily required funding. This projected shortfall is based on calculations showing that in 2027 the costs of making the required distributions to the States and administering the Plan will exceed the revenues expected at the current fee levels. In past years, including 2023 and 2024, these fees were decreased because of prior excess collections, unusually large fluctuations in registrant numbers, and changes in underlying economic conditions. As required by statute, the excess collections were returned to the industry, as the annual fees were reduced to account for the overcollection.
The Board previously determined that any shortfall in revenues during registration year 2025 would be so minimal, it could be covered by the Plan's existing reserves while still providing each participating State with its full entitlement for the registration year and fully funding the Plan's administrative expenses. However, after analyzing the projected fee collections for registration year 2025 (including actual collections through July 31, 2025), the Board determined that an increase would be necessary for the 2027 registration year because the anticipated revenue collections for registration years 2025 and 2026 would be insufficient in 2027 to provide the States with their revenue entitlements and cover the Plan's administrative expenses. The Board also requested an administrative costs allowance increase of $250,000 to cover higher costs, including costs incurred in defending the Plan in litigation. This adjustment will help to attain the required $118 million in revenue necessary to operate the UCR Plan, which consists of State revenue allocations of $107,777,059, the Plan's administrative costs allowance, which has increased from $4,250,000 to $4,500,000, and the administrative shortfall of $6,500,000 from registration years 2025 and 2026.
This NPRM proposes to increase fees by an average of 20 percent for the 2027 registration year and subsequent years, as compared to the fees for 2025 and 2026. The proposed increase for each fee bracket is shown in the following table:
Table 2—UCR Plan Fees Proposed Increase From 2025/2026 to 2027| Bracket |
Number of
CMVs
| 2025 and 2026 | 2027 | Difference |
|---|
| * Under 49 U.S.C. 14504a(f)(1)(A)(ii), brokers and leasing companies are included in the smallest fee bracket. |
| 1 | 0-2 * | $46 | $55 | $9 |
| 2 | 3-5 | 138 | 167 | 29 |
| 3 | 6-20 | 276 | 333 | 57 |
| 4 | 21-100 | 963 | 1,163 | 200 |
| 5 | 101-1000 | 4,592 | 5,548 | 956 |
| 6 | 1001+ | 44,836 | 54,165 | 9,329 |
In 2024, the UCR Plan modified its methodology for developing the recommendation, as the previous methodology using average collections was determined by the UCR Plan to result in an over-collection of fees. The UCR Plan continued using the 2024 methodology for the current recommendation, which uses the minimum of the historical monthly collections for the same time periods in each of the prior 3-year periods to determine projected collections. The UCR Plan determined that this method yields a more accurate result, as explained more fully in the UCR Plan's recommendation, which is available in the docket for this rulemaking.
FMCSA finds the recommended upward adjustment is within a reasonable range, in accordance with the provisions of 49 U.S.C. 14504a(e)(1) and (2). This fee adjustment for the 2027 registration year would provide the necessary $118 million in revenue to make the required allocations to the participating States and the UCR Plan. Any amount short of these adjustments would impede proper operations of motor carrier safety programs, enforcement, or the administration of the UCR Plan and UCR agreement. The Agency notes that the fluctuations in the total number of registrants and change in underlying economic conditions impact fee calculations. The Agency believes this recalibration of fees is reasonable and in accordance with the structure of, and obligations created by, the statute.
VII. Section-by-Section Analysis
FMCSA proposes to remove 49 CFR 367.30, which set the fees for registration year 2023, as that registration year is now closed for all purposes and fee collections are complete. This section is therefore obsolete.
FMCSA proposes to revise section 367.40 (which was adopted in the 2024 final rule) and redesignate it as § 367.30. FMCSA also proposes to revise current section 367.50 so that the fees apply to registration years 2025 and 2026, and redesignate it as section 367.40. A new section 367.50 proposes to establish new, increased fees applicable beginning in registration year 2027, based on the recommendation submitted by the UCR Plan in its September 2025 Fee Recommendation. The fees in proposed new section 367.50 would remain in effect for subsequent registration years after 2027 unless revised by a future rulemaking.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT Policies and Procedures for Rulemakings
FMCSA has considered the impact of this NPRM under E.O. 12866 (58 FR 51735, Oct. 4, 1993)
5
and DOT Order 2100.6B.
6
The Office of Information and Regulatory Affairs within OMB determined that this NPRM is not a significant regulatory action under section 3(f) of E.O. 12866 and has not reviewed it under that E.O.
5
Available at
https://www.federalregister.gov/executive-order/12866.
6
Policies and Procedures for Rulemakings, Mar. 10, 2025, available at
https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings.
The proposed changes would increase the registration fees paid by motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies to the UCR Plan and the participating States. While the increase in fees is a private cost to covered entities, fees are considered by OMB Circular A-4, Regulatory Analysis, as transfer payments, not costs. The details of the amount of increase to the annual UCR fee for each fee bracket, are included in the discussion above in Section VI.
This rulemaking would establish increases in the annual registration fees for the UCR Plan and Agreement. The entities affected by this rulemaking would be the participating States, motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. Because the State UCR revenue entitlements would remain unchanged, the participating States would not be impacted by this rule. The primary impact of this rulemaking would be an increase in fees paid by individual motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The increase in fees for the 2027 registration year from the 2025 registration year fees would be an average of 20 percent, ranging from $9 to $9,329 per entity, depending on the number of vehicles owned or operated by the affected entities.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, was issued on January 31, 2025 (90 FR 9065, Jan. 31, 2025).
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E.O. 14192 requires that, for every one new regulation issued by an Agency, at least 10 prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. Final implementation guidance addressing the requirements of E.O. 14192 was issued by OMB on March 26, 2025.
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7
Available at
https://www.federalregister.gov/documents/2025/02/06/2025-02345/unleashing-prosperity-through-deregulation.
8
M-25-20 Guidance Implementing Section 3 of Executive Order 14192, titled “Unleashing Prosperity Through Deregulation.”
This proposed rule is non-significant under E.O. 12866 and is expected to have total costs equivalent to zero, and, if finalized, would therefore qualify as neither an E.O. 14192 regulatory nor an E.O. 14192 deregulatory action.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance notice of proposed rulemaking (ANPRM) or proceed with a negotiated rulemaking, if a proposed safety rule “under this part”
9
is likely to lead to the promulgation of a major rule.
10
As this proposed rule is not likely to result in the promulgation of a major rule, the Agency is not required to issue an ANPRM or to proceed with a negotiated rulemaking.
9
Part B of Subtitle VI of Title 49, United States Code,
i.e.,
49 U.S.C. chapters 311-317.
10
A
major rule
means any rule that OMB finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, geographic regions, Federal, State, or local government agencies; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets (5 U.S.C. 804(2)).
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601
et seq.
), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
11
requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term
small entities
comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses.
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Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
This rulemaking would directly affect the participating States, motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. Under the standards of the RFA, as amended by SBREFA, the participating States are not small entities. States are not considered small entities because they do not meet the definition of a small entity in section 601 of the RFA. Specifically, States are not considered small governmental jurisdictions under section 601(5) of the RFA, both because State government is not included among the various levels of government listed in section 601(5), and because, even if this were the case, no State or the District of Columbia has a population of less than 50,000, which is the criterion by which a governmental jurisdiction is considered small under section 601(5) of the RFA.
The Small Business Administration's (SBA) 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 2022 Economic Census data for two different North American Industry Classification System (NAICS) industries: Truck Transportation (subsector 484) and Transit and Ground Transportation (subsector 485).
As shown in the table below, the SBA size standards for the national industries under the Truck Transportation and Transit and Ground Transportation subsectors range from $19.0 million to $43.0 million in revenue per year. To determine the percentage of firms that have revenue at or below SBA's thresholds within each of the NAICS national industries, FMCSA examined data from the 2022 Economic Census.
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Boundaries for the revenue categories used in the Economic Census do not exactly coincide with the SBA thresholds. Instead, the SBA threshold generally falls between two different revenue categories. However, FMCSA was able to make reasonable estimates as to the percentage of small entities within each NAICS code.
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U.S. Census Bureau,
2022 Economic Census,
Table EC2200SIZEEMPFIRM—Selected Sectors: Sales, Value of Shipments, or Revenue Size of Firms for U.S.: 2022. Available at:
https://data.census.gov/table?q=EC2200SIZEREVFIRM&codeset=naics~484220:484230:485320
(accessed Sep. 18, 2025).
The percentages of small entities with annual revenue less than the SBA's threshold ranged from 86.4 percent to 100 percent. Specifically, approximately 86.4 percent of All Other Transit and Ground Passenger Transportation (485999) firms had annual revenue less
than the SBA's revenue threshold of $19.0 million and would be considered small entities. FMCSA estimates 100 percent of firms in the Mixed Mode Transit Systems (485111) national industry had annual revenue less than $29.0 million and would be considered small entities. The table below shows the complete estimates of the number of small entities within the national industries that may be affected by this rule.
Table 3—Estimates of Number of Small Entities| NAICS code | Description |
SBA size
standard
in millions
|
Total
number
of firms
|
Number
of small
entities
|
Percent
of all
firms
|
|---|
| 484110 | General Freight Trucking, Local | $34.0 | 29,383 | 29,363 | 99.9 |
| 484121 | General Freight Trucking, Long Distance, Truckload | 34.0 | 36,043 | 35,864 | 99.5 |
| 484122 | General Freight Trucking, Long Distance, Less Than Truckload | 43.0 | 4,895 | 4,856 | 99.2 |
| 484210 | Used Household and Office Goods Moving | 34.0 | 7,217 | 7,200 | 99.8 |
| 484220 | Specialized Freight (except Used Goods) Trucking, Local | 34.0 | 23,787 | 23,763 | 99.9 |
| 484230 | Specialized Freight (except Used Goods) Trucking, Long Distance | 34.0 | 8,029 | 7,960 | 99.1 |
| 485111 | Mixed Mode Transit Systems | 29.0 | 12 | 12 | 100.0 |
| 485113 | Bus and Other Motor Vehicle Transit Systems | 32.5 | 224 | 216 | 96.4 |
| 485210 | Interurban and Rural Bus Transportation | 32.0 | 372 | 372 | 100.0 |
| 485320 | Limousine Service | 19.0 | 2,978 | 2,960 | 99.4 |
| 485410 | School and Employee Bus Transportation | 30.0 | 2,131 | 2,118 | 99.4 |
| 485510 | Charter Bus Industry | 19.0 | 940 | 864 | 91.9 |
| 485999 | All Other Transit and Ground Passenger Transportation | 19.0 | 1,158 | 1,000 | 86.4 |
Therefore, while FMCSA has determined that this rulemaking would impact a substantial number of small entities, it has also determined that the rulemaking would not have a significant impact on them. The effect of this rulemaking would be to increase the annual registration fee that motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies are currently required to pay. The increase would be 20 percent on average, or $9 to $9,329 per entity, depending on the number of vehicles owned and/or operated by the affected entities.
While the RFA does not define a threshold for determining whether a specific regulation results in a significant impact, the SBA, in guidance to government agencies, provides some objective measures of significance that the agencies can consider using. One measure that could be used to illustrate a significant impact is labor costs; specifically, whether the cost of the regulation exceeds one percent of the average annual revenues of small entities in the sector. Given that entities owning between zero and two CMVs would experience an increase of $9, a small entity would need to have average annual revenue of less than $900 to experience an impact greater than one percent of average annual revenue. This is an average annual revenue that is smaller than would be required for a firm to support one employee. The increased fee amount and impact on revenue increase linearly depending on the applicable fee bracket.
Consequently, I certify that the proposed action would not have a significant economic impact on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of SBREFA, FMCSA wants to assist small entities in understanding this rulemaking so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rulemaking would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the person listed under
FOR FURTHER INFORMATION CONTACT
.
Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman (Office of the National Ombudsman, see
https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman
) and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. The Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $206 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2024 levels) or more in any single year. Though this rulemaking would not result in such an expenditure, and the analytical requirements of UMRA do not apply as a result, the Agency discusses the effects of this rulemaking elsewhere in this preamble.
G. Paperwork Reduction Act
This proposed rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O. 13132 (64 FR 43255, Aug. 10, 1999),
13
Federalism, 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.”
13
Available at
https://www.federalregister.gov/documents/1999/08/10/99-20729/federalism.
FMCSA has determined that this rulemaking 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. Therefore, this rulemaking does not have sufficient federalism implications
to warrant the preparation of a Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,
14
requires the Agency to assess the privacy impact of a regulation that will affect the privacy of individuals. This NPRM would not require the collection of personally identifiable information.
14
Public Law 108-447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a (Dec. 4, 2014).
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,
15
requires Federal agencies to conduct a Privacy Impact Assessment (PIA) for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a PIA.
15
Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 2002).
In addition, the Agency submitted a Privacy Threshold Assessment (PTA) to evaluate the risks and effects the rulemaking may have on collecting, storing, and sharing personally identifiable information. The PTA was adjudicated by DOT's Chief Privacy Officer on October 30, 2025.
J. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175 (65 FR 67249, Nov. 9, 2000),
16
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.
16
Available at
https://www.federalregister.gov/documents/2000/11/09/00-29003/consultation-and-coordination-with-indian-tribal-governments.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321,
et seq.
) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under DOT Order 5610.1D,
17
Subpart B, Subsection e, paragraph (6)(h). The categorical exclusion in paragraph (6)(h) covers regulations and actions taken pursuant to regulation implementing procedures to collect fees that will be charged for motor carrier registrations. The proposed requirements in this rulemaking are covered by this CE.
17
Available at
https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be found in the Abstract section of the Department's Unified Agenda entry for this rulemaking at
https://www.reginfo.gov/public/do/eAgendaMain.
List of Subjects in 49 CFR Part 367
Brokers, Freight, Freight forwarders, Insurance, Intergovernmental relations, Motor carriers, Surety bonds.
Accordingly, FMCSA proposes to amend Title 49 CFR, subtitle B, chapter III, part 367 as follows:
PART 367—STANDARDS FOR REGISTRATION WITH STATES
1. The authority citation for part 367 continues to read as follows:
Authority:
49 U.S.C. 13301, 14504a; and 49 CFR 1.87.
2. Remove section 367.30.
3. Redesignate section 367.40 as section 367.30.
4. Redesignate section 367.50 as section 367.40.
5. Revise newly redesignated section 367.40 to read as follows:
Section 367.40 Fees under the Unified Carrier Registration Plan and Agreement for Registration Years Beginning in 2025 and Ending in 2026.
Table 1 to Section 367.40—Fees Under the Unified Carrier Registration Plan and Agreement for Registration Years Beginning in 2025 and Ending in 2026| Bracket |
Number of commercial motor vehicles owned or operated by exempt or non-exempt
motor carrier, motor private carrier,
or freight forwarder
|
Fee per entity for
exempt or non-exempt
motor carrier, motor
private carrier, or
freight forwarder
|
Fee per entity for
broker or leasing
company
|
|---|
| B1 | 0-2 | $46 | $46 |
| B2 | 3-5 | 138 | |
| B3 | 6-20 | 276 | |
| B4 | 21-100 | 963 | |
| B5 | 101-1,000 | 4,592 | |
| B6 | 1,001 and above | 44,836 | |
6. Add a new section 367.50 to read as follows:
Section 367.50 Fees under the Unified Carrier Registration Plan and Agreement for Registration Year 2027 and Subsequent Years.
Table 1 to Section 367.50—Fees Under the Unified Carrier Registration Plan and Agreement for Registration Year 2027 and Subsequent Years| Bracket |
Number of commercial motor vehicles owned or operated by exempt or non-exempt
motor carrier, motor private carrier, or
freight forwarder
|
Fee per entity for
exempt or non-exempt
motor carrier, motor
private carrier, or
freight forwarder
|
Fee per entity for
broker or leasing
company
|
|---|
| B1 | 0-2 | $55 | $55 |
| B2 | 3-5 | 167 | |
| B3 | 6-20 | 333 | |
| B4 | 21-100 | 1,163 | |
| B5 | 101-1,000 | 5,548 | |
| B6 | 1,001 and above | 54,165 | |
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-06726 Filed 4-6-26; 8:45 am]
BILLING CODE 4910-EX-P
