91 FR 56063 Fees for the Unified Carrier Registration Plan and Agreement

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), U.S. Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: FMCSA amends the 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. On September 18, 2025, the UCR Board recommended a fee increase for the 2027 registration year and subsequent registration years. This recommended increase averages 20 percent over the fee structure adopted for 2025 and retained for 2026, with varying increases ranging between $9 and $9,329 per entity, depending on the applicable fee bracket. Although the fees for registration year 2027 are increased, they are less than those in effect during registration years 2019 through 2022. FMCSA adopts the recommended fee increase.

DATES: Effective October 1, 2026.

Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than October 1, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, Director, Office of Registration, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, FMCSAMCRS@dot.gov.

SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:

I. Availability of Rulemaking Documents

II. Executive Summary

III. Abbreviations

IV. Legal Basis for the Rulemaking

V. Discussion

A. Proposed Rule

B. Comments and Responses

C. Final Rule

VI. Section-by-Section Analysis

VII. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review) and DOT Rulemaking Procedures

B. E.O. 14192 (Unleashing Prosperity Through Deregulation)

C. Congressional Review Act

D. Regulatory Flexibility Act (Small Entities)

E. Assistance for Small Entities

F. Unfunded Mandates Reform Act of 1995

G. Paperwork Reduction Act

H. E.O. 13132 (Federalism)

I. Privacy

J. E.O. 13175 (Indian Tribal Governments)

K. National Environmental Policy Act of 1969

I. Availability of Rulemaking 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 final rule, then click “Browse Comments.” If you do not have access to the internet, you may view the docket online by visiting Docket Operations in Room W58-213 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.

II. Executive Summary

Under 49 U.S.C. 14504a, the UCR Plan and the 41 States participating in the UCR Agreement assess fees to be collected 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 when making a recommendation to adjust fees 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)). The statutory allocation of revenue to participating States remains constant under 49 U.S.C. 14504a(g), even though the actual incoming revenue fluctuates each year based on the number of registered interstate carriers and freight brokers and the size of the carriers' fleets—factors that can vary based on economic conditions and market demand. 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 assess 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 final rule, FMCSA increases the annual registration fees established pursuant to the UCR Agreement by an average of 20 percent, effective 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 final rule increases 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. Although the increase in fees is a private cost to covered entities, fees are considered transfer payments by the Office of Management and Budget (OMB) Circular A-4, Regulatory Analysis, not costs. 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.

III. Abbreviations

ANPRM Advance notice of proposed rulemaking

CE Categorical Exclusion

CFR Code of Federal Regulations

DOT Department of Transportation

E.O. Executive Order

FMCSA Federal Motor Carrier Safety Administration

FR Federal Register

NAICS North American Industry Classification System

NPGA National Propane Gas Association

NPRM Notice of proposed rulemaking

Obelisk Obelisk Tech Systems, Inc.

OIRA Office of Information and Regulatory Affairs

OMB Office of Management and Budget

OOIDA Owner-Operator Independent Drivers Association

PIA Privacy Impact Assessment

PII Personally identifiable information

PTA Privacy Threshold Assessment

RFA Regulatory Flexibility Act

SBA Small Business Administration

SBREFA Small Business Regulatory Enforcement Fairness Act of 1996

SBTC Small Business in Transportation Coalition

Secretary Secretary of Transportation

UCR Unified Carrier Registration

UMRA Unfunded Mandates Reform Act

U.S.C. United States Code

IV. Legal Basis for the Rulemaking

This rulemaking adjusts 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). The revenue allocations to the participating States are fixed by statute (49 U.S.C. 14504a(g)).

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. Discussion

A. Proposed Rule

On April 7, 2026, FMCSA published a Notice of Proposed Rulemaking (NPRM) titled “Fees for the Unified Carrier Registration Plan and Agreement” in the Federal Register (Docket No. FMCSA-2025-0655, 91 FR 17618). The NPRM proposed amending regulations for the annual registration fees States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the UCR Plan and Agreement for the 2027 registration year and subsequent registration years. This recommended increase averages 20 percent, with varying increases ranging between $9 and $9,329 per entity, depending on the applicable fee bracket.

B. Comments and Responses

FMCSA requested public comments concerning the NPRM for 30 days ending May 7, 2026. At the request of the Small Business in Transportation Coalition (SBTC), the comment period was extended until May 26, 2026 (91 FR 23383). By that date, a total of 34 comments were received, 33 of which are in scope for this rulemaking. Three comments were submitted by trade associations, including the National Propane Gas Association (NPGA), the Owner-Operator Independent Drivers Association (OOIDA), and SBTC. Thirty motor carriers and individuals (including anonymous individuals) submitted comments. One comment was withdrawn from the docket for non-compliance with docket comment policy.

1. General Opposition to UCR Registration Fees

Comments: Several commenters opposed UCR registration fees in general, questioned the purpose behind establishing the UCR fees or the current use of UCR fees, or stated they did not know what UCR fees are used for. Some commenters stated that these fees are an unnecessary tax on motor carriers and should not be increased; some commenters also recommended ceasing to collect UCR registration fees entirely. OOIDA stated that the system no longer meets its original objectives and merely generates “slush fund revenue” for States, who may use the revenue as “a non-Federal match for Federal Motor Carrier Safety Assistance Program funding.”

FMCSA Response: The UCR plan and the requirement to assess fees to be collected were established by Congress and are codified in statute (49 U.S.C. 14504a). Neither FMCSA nor the UCR Board have the discretion to cease collecting fees.

By statute, UCR fees are required to be used by participating States for motor carrier safety programs and enforcement, or the administration of the UCR Plan and UCR Agreement (49 U.S.C. 14504a(e)(1)(B)). When each of the participating States joined the UCR Agreement, the statute required them to submit to FMCSA a State plan that, among other matters, demonstrates that an amount at least equal to the revenue derived by the State from the UCR Agreement shall be used for those motor carrier safety programs and enforcement, or the administration of the UCR Plan and UCR Agreement (49 U.S.C. 14504a(e)(1)(B)). The statute also 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. To ensure that the States are using this funding for its intended purpose, the UCR Board sent a letter to each participating State on May 4, 2026 seeking documentation demonstrating the State's continued compliance with the requirements of 49 U.S.C. 14504a(e)(1) and (h)(1). States have until August 1, 2026 to provide this documentation. ²

²  The letter is available in the docket for this rulemaking.

FMCSA finds the upward adjustment recommended by the Board is within a reasonable range, in accordance with the provisions of 49 U.S.C. 14504a(e)(1) and (2). This adjustment to the 2027 registration year is expected to cover the projected $21.79 million shortfall in the statutorily required funding. The actual fees collected in any registration year vary with the population of motor carriers and the number of CMVs they operate. If the overall number of registrants or the number of registrants in each fee bracket decreases, the UCR Plan collects less in fees than anticipated and must subsequently increase fees to cover the shortfall. Conversely, if there is a surge in the number of motor carriers or the number of CMVs they operate, the UCR Plan may collect excess fees and be required to return those to UCR registrants by reducing registration fees in future years. Currently, the UCR Plan has been collecting less than it projected in fees and therefore is facing a shortfall.

Any amount short of the recommended adjustments would impede proper operations of motor carrier safety programs, enforcement, or the administration of the UCR Plan and UCR Agreement. Even after the 2027 fee increase, the fees for registration year 2027 will still be lower than those in effect during registration years 2019 through 2022. This recalibration of fees is reasonable and in accordance with the structure of, and obligations created by, the statute.

2. Opposition Based on Operational Costs to Business

Comments: Several commenters cited the cost of doing business, including increased fuel, maintenance, insurance, and compliance costs, in opposing the increase. One of these commenters stated that the Agency should focus on stabilizing markets and preventing predatory practices instead of increasing financial burdens on motor carriers, and that the UCR registration fee is harmful to the long-term stability of the industry.

FMCSA Response: FMCSA recognizes that the transportation industry faces numerous economic pressures. However, the UCR Plan was established by Congress to replace the highly complex and fragmented Single State Registration System. By consolidating State-level compliance into a unified program, the UCR Plan significantly reduces administrative red tape and streamlines operations for motor carriers nationwide.

The revenue generated by these fees is required to be dedicated to funding vital State highway safety initiatives, enforcement programs, and the administration of the UCR system itself. FMCSA has reviewed the Board's proposal and determined that it is necessary to increase fees for the 2027 registration year to cover the States' statutory entitlements so they can maintain these essential safety operations, as well as to fund the UCR Plan's reasonable administrative costs.

3. Timing of the Rule in Light of Ongoing Litigation Related to the UCR Plan

Comments: Three commenters, including SBTC, opposed finalizing the rulemaking, citing a pending legal proceeding that challenges the legality of the UCR system. In a separate comment, SBTC included a copy of a petition it submitted to the United States Courts of Appeals for the District of Columbia Circuit, to mandate a stay of the implementation of the ongoing 2027 UCR fee rulemaking. It also expressed the view that implementing the fees during an ongoing legal proceeding is inappropriate and the fees should either not be raised or not be collected at all. It urged FMCSA to deny the fee increase and withdraw the rulemaking until complete data is reviewed and the litigation is resolved. Another commenter did not specifically question the timing of the rule but referred to the substance of the pending litigation.

FMCSA Response: FMCSA is statutorily obligated to adjust UCR fees when the UCR Plan experiences a shortfall or has collected excess fees, situations driven by either decreases or increases in the overall number of registrants and the number of vehicles each motor carrier maintains in its fleet. When the UCR Board makes a recommendation to adjust fees, the Agency reviews all the information presented by the Board to determine whether a shortfall or excess collection has occurred and whether the recommendation is reasonable. Under 49 U.S.C. 14504a(d)(7)(B), the Secretary “shall set . . . any subsequent adjustment” of the UCR fees after receiving the recommendation and giving notice and opportunity for public comment. Therefore, the Agency is statutorily mandated to proceed with this rulemaking unless directed otherwise by a court of competent jurisdiction. The United States Courts of Appeals for the District of Columbia Circuit denied SBTC's motion on June 17, 2026, allowing FMCSA to proceed with the rulemaking. ³

³  The motion denial is available in the docket for this rulemaking.

4. Opposition to the UCR Plan's Legal, Technological, and Administrative Expenses

Comments: Several commenters objected to certain administrative costs for the UCR Plan. NPGA and two individual commenters objected to the UCR Plan's accounting for the $250,000 allocation for legal defense funds as part of the increase, contesting that the trucking industry should not be responsible for covering those costs. NPGA stated that funding for the UCR Plan's legal fees should be covered by direct appropriations from Congress through DOT. Pink Cheetah Express's comment also referred to legal defense costs.

SBTC and an individual commenter expressed that FMCSA, not the trucking industry, should bear administrative costs related to operating the UCR's technical platform.

OOIDA stated that FMCSA should review the UCR Board's contract and administrative expenses to ensure that registrants are not paying more than necessary to fulfill the UCR's statutory purposes.

FMCSA Response: When Congress established the UCR Plan, it recognized that the UCR Plan would incur administrative costs that would be funded through registration fees (49 U.S.C. 14504a(d)(7)(A)(i) and (h)(3)(B)). Congress did not then, and has not since, authorized any appropriations for funding UCR programs, including legal fees. FMCSA finds it reasonable and necessary for the UCR Plan to have sufficient resources to defend itself in litigation. FMCSA also finds it reasonable and necessary for the Plan to maintain a technical platform and to include the cost of the platform in its administrative expenses. The statute authorized such expenditures by the UCR Plan and, conversely, does not give FMCSA authority to absorb the cost of operating such a platform.

The UCR Act expressly authorizes the UCR Board to contract with any person or State agency for administrative functions but does not allow the Board to delegate decision or policy-making responsibilities (49 U.S.C. 14504a(d)(6)). The Board considers and votes on each contract in open meetings. FMCSA's oversight of these contracts is limited to the participation of the FMCSA Deputy Administrator (or other presidential appointee within DOT) as a statutory board member.

6. Request To Extend the Comment Period

Comments: SBTC submitted a comment to point out that the UCR's recommendation letter was not accessible in the docket and requested a 30-day comment period extension to provide industry with an opportunity to inspect the supporting documents. An individual commenter echoed SBTC's concerns.

FMCSA Response: Due to an administrative error, the supporting documents were not placed in the docket when the NPRM published. After SBTC informed the Agency of this fact, FMCSA ensured the supporting documents were displayed in the docket on April 24, 2026. The Agency then issued a notice to extend the comment period by 20 days, which was the exact timeframe this documentation was unavailable (91 FR 23383). By extending the comment period from May 7, 2026 to May 26, 2026, FMCSA ensured that the public had at least 30 days to comment on the NPRM after the supporting documentation was available.

7. Concerns About the UCR Fee Calculation Method for Registration Year 2027

Comments: SBTC and an individual commenter claimed that the method in which the 2027 registration fees were projected by the UCR Plan was inaccurate. They explained the UCR Plan could not have accurately projected revenue since the recommendation letter addressed to the Secretary recommending the fee increase was dated on September 18, 2025 following a UCR Board meeting held in August 2025. SBTC explained that it rejects the calculation method since the UCR Plan did not allow the year to end to make a more precise determination based on the previous year's data. Another commenter suggested that, if the data were collected after June 30, 2025, it would prompt a fee decrease. The commenter added that any projected revenue shortfalls should be covered by the UCR Plan's investment revenue rather than as an additional burden on small businesses.

NPGA also commented that it opposes fee increases in subsequent years. It states that “While FMCSA evaluates cost changes based on shortfalls from prior years, imposing a blanket 20% increase for 2028 and future years without any analysis would be arbitrary and capricious.”

FMCSA Response: The statute requires the Board to recommend fees based on “the revenues generated in the previous year and any surplus or shortage from that or prior years” 49 U.S.C. 14504a(d)(7)(A)(ii). However, the Plan assesses fees for any given “fee year” over a two year period: collections begin on October 1 of the year preceding the fee year to allow for advance registration and close on December 31 of the year following the fee year to allow for late registrations and dispute resolutions. Therefore, it is not possible for the Board to know the precise amount collected in a fee year before it must make a recommendation for an upcoming fee year. If the recommended fees, once adopted, result in excess collections, those are later returned to registrants in the form of reduced fees in future years; if they result in shortages, the UCR Board must seek future fee increases.

The fee calculations provided by the UCR Board include both actual collections through July 31, 2025 and projected collections for the remainder of the 2025 fee year. The Board provided extensive supporting information detailing how it determined projected collections based on trends from previous fee years. FMCSA has previously approved of the Board's method of calculating the amount of fees collected over the course of a fee year and finds that the current recommendation adheres to that methodology. Although one commenter contended that including collections after June 30, 2025 would prompt a fee decrease, FMCSA notes that the Board's submission includes actual collections through July 31, 2025, and reasonable projections of collections for the remainder of the fee year. FMCSA finds that any discrepancy between projected and actual collections is likely to be minor and to have little overall impact on the Plan's shortfall, ⁴ and consequently no material impact on the amount of the fees assessed to registrants.

⁴  FMCSA also notes that the shortfall amount could actually increase, rather than decrease, if actual collections are lower than projected collections.

Regarding NPGA's comment, FMCSA is not authorizing a 20 percent increase each year in perpetuity. Rather, the rule is authorizing a single fee increase that will take place in the 2027 fee year. The fee schedule for 2027 will then remain in effect until it is adjusted by a future rulemaking and consistent with the statutory criteria. The UCR Board will either make a fee adjustment recommendation or notify the Agency that it is not recommending any adjustments, in sufficient time for the Agency to complete any necessary rulemaking process before the next fee year (i.e., prior to October 1, 2028).

8. Small Business Concerns

Comments: An individual expressed concern about the effect of the fee increase on small carriers and suggested that FMCSA explore alternatives such as establishing a phased increase in fees or a relief system for smaller carriers. Pink Cheetah Express, LLC and another individual specifically mentioned the effects on small businesses when discussing general operational costs. OOIDA stated that the current structure is particularly burdensome for single truck operators and small fleet carriers because they are assessed disproportionately higher fees than large motor carriers.

FMCSA Response: FMCSA recognizes that small businesses are affected by this rule. For the smallest motor carriers and small brokers, the increase is $9 per year; for the next-larger bracket, the increase is $29 per year. These increases likely represent a small percentage of annual revenue and are not disproportionately higher for small motor carriers than for large ones. The brackets are arranged such that motor carriers at the smaller end of each bracket do pay more, expressed on a per-vehicle basis, than motor carriers at the larger end of each bracket. This is unavoidable, given the statutory directive to have no more than six fee brackets (49 U.S.C. 14504a(f)(1)(C)). ⁵ However, the proposal adopted here raises the fee by approximately $9.41 per vehicle for the smallest motor carriers in each respective bracket (ranging from $9 to $9.67). Similarly, the overall per-truck cost of registering in 2027 is similar for the smallest motor carriers in each of the six fee brackets at approximately $54.11 to $55.67 per truck, depending on the bracket.

⁵  The Agency considered comments on the bracket structure when the fees were initially established, 72 FR 48585 (Aug. 24, 2007). FMCSA determined that the brackets complied with statutory requirements, and the fact that motor carriers of similar sizes may pay different amounts depending on which bracket they were placed in was an expected result of a fee scale based on applying uniform fees to entities with a range of fleet sizes (Id. at 48586).

As required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq., RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), ⁶ FMCSA has considered the effects of the regulatory action approved in this final rule on small businesses and other small entities and to minimize any significant economic impact. The analysis for this consideration is set out below in the Regulatory Analysis in section VII.D. Based on this analysis, FMCSA has concluded and is certifying that this final rule will not have a significant economic impact on a substantial number of small entities, because the fee increase is less than one percent of the revenues or costs of small motor carriers and other small entities.

⁶  Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).

9. Entities Included in Registration Brackets

Comment: James Lamb, who serves as Executive Director of SBTC, commented that “multi-billion dollar [third-party logistics] freight brokerages” are categorized in the smallest fee bracket and should pay higher fees.

FMCSA Response: By statute, freight brokers pay the fee listed for the smallest fee bracket (49 U.S.C. 14504a(f)(1)(A)(ii)). FMCSA has no authority to require freight brokers or logistics companies to pay the UCR registration fees assessed for other brackets.

10. Comment Urging Larger Increase in Fees

Comment: A commenter stated that the fees are too low and need to be set at a higher rate than the proposed amount for cost recovery.

FMCSA Response: The statute requires that the UCR Plan assess the collection of only the amounts necessary to provide each participating State its annual entitlement and to cover the costs of administering the UCR Plan and Agreement. Therefore, the UCR Board may not recommend fee increases that are calculated to create a surplus. If a surplus occurs, the extra money must be returned to the motor carrier industry through reduced fees in future years. The documentation provided by the UCR Board demonstrates that the proposed fee increase is calculated to provide the State entitlements and reasonable administrative expenses without creating a surplus, therefore FMCSA believes the fees should not be higher than proposed.

11. Conformance With Various Federal Statutes and Executive Orders

Comments: Obelisk Tech Systems, Inc. (Obelisk) filed a comment stating that the NPRM failed to comply with numerous statutes and Executive Order (E.O.) 12866 and other E.O.s. It asked FMCSA to withhold final rule action until these alleged defects are cured.

FMCSA Response: FMCSA addresses each point in Obelisk's comment as follows:

A. Independent Offices Appropriations Act (IOAA) User Fee Justification Under 31 U.S.C. 9701 and OMB Circular A-25, User Charges

Obelisk contends FMCSA failed to document IOAA user fee justification under 31 U.S.C. 9701 and OMB Circular A-25. However, the cited statute and Circular do not affect UCR registration fees. This is because the registration fees are not a “charge for a service or thing of value provided by the agency.” Rather, these fees are designed to generate revenue for States to use in highway safety programs. Therefore, the UCR registration fees are not the type of fees or charges contemplated by 31 U.S.C. 9701. Although FMCSA is prescribing regulations to set fees, FMCSA is not compelled to ensure they meet the requirements of 49 U.S.C. 9701(b)(1) and (2).

Moreover, Congress specifically authorized and prescribed the method for setting UCR registration fees in 49 U.S.C. 14504a, which was implemented many years after IOAA. When a statute sets out a specific purpose and methodology, this supersedes general requirements that may exist based on an earlier statute.

B. Failure To Document UCR Act Statutory Fee Authority Under 49 U.S.C. 14504a(f)

Obelisk states that FMCSA failed to document the specific fee-setting procedures in 49 U.S.C. 14504a(f). However, section VI of the NPRM specifically describes the reasons for the Board's proposed fee adjustment and the Agency's evaluation of the recommendation.

C. Failure To Conduct Cost-Benefit Analysis Under E.O. 12866, Regulatory Planning and Review, and OMB Circular A-4, Regulatory Analysis

Obelisk states that the NPRM does not document the cost-benefit analysis required for significant rules under E.O. 12866 and OMB Circular A-4. Although the NPRM and this final rule were not designated by OMB as significant, FMCSA has considered the potential costs and benefits of this action, and determined that there are none. FMCSA discusses below the expected impacts, consistent with the requirements of E.O. 12866 and Circular A-4.

D. Failure To Conduct Regulatory Flexibility Analysis Under 5 U.S.C. 603

Obelisk contends that “UCR fees fall heavily on small carriers,” and the NPRM does not contain an adequate regulatory flexibility analysis. However, the NPRM contains the required regulatory flexibility analysis in Section VII.D.

E. Failure To Address SBREFA Section 213 Small Business Outreach Under Public Law 104-121

Obelisk states that agency outreach to small businesses on significant proposed rules is required. This characterization is not aligned with the text of Public Law 104-121, codified in the note to 5 U.S.C. 601, which states that, “Whenever appropriate in the interest of administering statutes and regulations within the jurisdiction of an agency, which regulates small entities, it shall be the practice of the agency to answer inquiries by small entities concerning information on, and advice about, compliance with such statutes and regulations, interpreting and applying the law to specific sets of facts supplied by the small entity.” While this section does not affect the rulemaking, FMCSA answers inquiries by small businesses about UCR fees when received.

F. Failure To Document Analysis Under E.O. 13132, Federalism

Obelisk states that the UCR is a State-administered fee program and federalism analysis is required under E.O. 13132. The NPRM contains a federalism analysis at Section VIII.H.

G. Failure To Document Unfunded Mandates Reform Act (UMRA) Compliance Under 2 U.S.C. 1531-1538

Obelisk contends that UCR fee changes may impose unfunded mandates and that the NPRM does not properly document its analysis of such unfunded mandates. FMCSA disagrees that the registration fees proposed in the NPRM contain unfunded mandates. UMRA requirements are imposed on proposed rules that “may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year. . . .” (49 U.S.C. 1532(a)). This rule does not impose any costs, and therefore an UMRA assessment is not required.

H. Failure To Document Congressional Review Act Submission Under 5 U.S.C. 801-808

Obelisk states that FMCSA failed to address the Agency's plan for submitting the final rule to Congress and the Comptroller General. However, agencies are not required to document such a plan when issuing an NPRM; the requirements of the Congressional Review Act are triggered upon issuance of a final rule. FMCSA submits all rules for review under the procedures set out in 5 U.S.C. 801.

I. Failure To Document Centralized Regulatory Review Under E.O. 12866 Section 3(f) and E.O. 14094, Modernizing Regulatory Review

Obelisk contends that the NPRM does not document significant determination, OMB Office of Information and Regulatory Affairs (OIRA) review status, or E.O. 14094 modernized review compliance. However, section VIII.A of the NPRM states that OIRA determined that the NPRM was not a significant regulatory action and did not review it under section 3(f) of E.O. 12866. In addition, E.O. 14148, Initial Rescissions of Harmful Executive Orders and Actions, revoked E.O. 14094.

J. Failure To Provide Reasoned Explanation Under State Farm, Encino, and Loper Bright

Obelisk states, “Post-Loper Bright (2024), agencies bear heightened documentation burden for reasoned explanation. The notice does not adequately document factors considered or alternatives evaluated.” Obelisk does not explain what, specifically, it believes the Agency failed to consider or to document. FMCSA reviewed the Board's recommendation on UCR registration fee adjustments, as statutorily required, and explained the process and reasoning in the NPRM. The factors that FMCSA considered are adequate.

K. Failure To Address Motor Carrier Safety Impact Under 49 U.S.C. Chapter 311

Obelisk states, “FMCSA's primary statutory mission is motor carrier safety. UCR fee changes may affect safety compliance investment by small carriers. The notice does not document the safety impact analysis.” FMCSA disagrees that such analysis is necessary. UCR registration fees are under the Agency's commercial statutes, found in 49 U.S.C. ch. 145. This authority is separate from the Agency's safety authority in Chapter 311. The statute governing the UCR Plan and Agreement, including the determination of fees, is 49 U.S.C. 14504a. This statute does not require an analysis of safety impacts.

L. Failure To Document PRA Compliance Under 44 U.S.C. 3501-3521

Obelisk states that, to the extent the rule modifies information collections, it does not document those burdens. As stated in section VIII.G of the NPRM, the proposed rule does not contain any new information collection requirements.

M. Failure To Address Cumulative Regulatory Burden on Small Carriers

Obelisk states that small motor carriers face cumulative Federal regulatory burdens across multiple agencies but the notice does not document this analysis. However, there is no statutory mandate for agencies to conduct this analysis. Moreover, the regulation is not expected to lead to a cost burden since the fees are transfers, as explained below in section VII. A. Any impact to the cumulative regulatory burden for motor carriers is expected to be minor and is the result of transfers rather than regulatory costs.

N. Failure To Document UCR Plan and Agreement Governance Process

Obelisk contends that the NPRM does not document Board consultation, voting record, or State participation in the fee proposal. The docket contains the Board's letter to the Secretary recommending a fee adjustment, as well as the Board's methodology in calculating the proposed adjustment. This recommendation complies with the statutory requirements in 49 U.S.C. 14504a.

O. Failure To Comply With E.O. 13272, Proper Consideration of Small Entities in Agency Rulemaking, SBA Office of Advocacy Consultation

Obelisk contends that E.O. 13272 requires consultation with the Small Business Administration Chief Counsel for Advocacy, but the NPRM did not document such consultation. However, this rule does not require consultation as described by Obelisk; rather, it requires the Chief Counsel for Advocacy to be available to advise agencies on request, and agencies to notify the Chief Counsel for Advocacy of any rules that have a significant economic impact on a substantial number of small entities. As previously discussed, this rule was determined not to have such impact.

12. Comment in General Support of Fee Increase

Comment: One commenter stated that UCR fees directly support State motor carrier safety programs and enforcement activities, and that States would have to raise other regulatory fees if they did not receive this revenue through the UCR Plan. The commenter stated that the current fee is necessary to ensure States receive the required funding.

FMCSA Response: FMCSA agrees with this commenter.

C. Final Rule

FMCSA appreciates the commenters' feedback regarding this rulemaking and has taken all within-scope comments into consideration. For the UCR Plan to secure both the funds for required distribution of statutory entitlements to all participating States and the funds for administration of the UCR Agreement, the UCR Plan must generate sufficient revenue, which can only be accomplished by a fee increase, as permitted, and required, by the UCR statute. The upward adjustment in fees for the 2027 registration year will provide an additional $21.79 million to meet the overall statutory revenue requirement of $118 million. The UCR statute provides for the UCR Plan to request an adjustment in the fees, within a reasonable range, by the Secretary when the fees will be insufficient to provide the annual revenue entitlements to which the participating States are entitled (49 U.S.C. 14504a(f)(1)(E)(i)).

FMCSA also notes that the excess collections from past years have now been depleted. Even after the 2025 and 2027 fee increases, the fee levels for the 2027 registration year will still be less than the fees that were in effect from 2019 to 2022. FMCSA has determined that the proposed increase is necessary and reasonable, and finalizes it without modification.

VI. Section-by-Section

FMCSA removes the current 49 CFR 367.30 (Fees under the Unified Carrier Registration Plan and Agreement 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 redesignates the current section 367.40 (Fees under the Unified Carrier Registration Plan and Agreement for Registration Year 2024) as section 367.30. FMCSA also revises current section 367.50 (Fees Under the Unified Carrier Registration Plan and Agreement for Registration Years Beginning in 2025 and Each Subsequent Registration Year Thereafter), retitles the section to indicate that this fee schedule expires in the 2026 registration year, and redesignates it as section 367.40. Finally, FMCSA adds a new section 367.50 that establishes new, increased fees applicable beginning in registration year 2027, based on the recommendation submitted by the UCR Plan in its September Fee Recommendation. The fees in new section 367.50 will remain in effect for subsequent registration years after 2027 unless revised by a future rulemaking.

VII. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review) and DOT Rulemaking Procedures

FMCSA has considered the impact of this final rule under E.O. 12866 (58 FR 51735, Oct. 4, 1993) and DOT Rulemaking Procedures (49 CFR part 5, subpart B). OMB determined that this final rule is not a significant regulatory action under section 3(f) of E.O. 12866 and has not reviewed it under that E.O.

This rule will 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. Although 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. 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 increases 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 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 will 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, issued on January 31, 2025 (90 FR 9065), requires that, for every 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. This final rule is nonsignificant under E.O. 12866 and is expected to have total costs equivalent to zero, and therefore does not qualify as either an E.O. 14192 regulatory or an E.O. 14192 deregulatory action. ⁷

⁷  Executive Office of the President, Office of Management and Budget, Guidance Implementing Section 3 of Executive Order 14192, Titled “Unleashing Prosperity Through Deregulation,” Memorandum M-25-20 (March 26, 2025).

C. Congressional Review Act

This rule is not a major rule as defined under the Congressional Review Act (5 U.S.C. 801-808). ⁸

⁸  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 (Small Entities)

The RFA (5 U.S.C. 601 et seq.), as amended by SBREFA, ⁹ 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.

⁹  Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).

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 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 will 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. ¹⁰ 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.

¹⁰  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 Jun. 1, 2026).

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.

Therefore, while FMCSA has determined that this rule will impact a substantial number of small entities, it has also determined that the rule will not have a significant impact on them. The effect of this rule will 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 or operated by the affected entities. For example, as discussed above, the per-vehicle fee will increase by approximately $9.41 for the smallest motor carriers in each respective bracket (ranging from $9 to $9.67).

Although 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 one and two commercial motor vehicles 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 1 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, FMCSA certifies that the final 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 Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA wants to assist small entities in understanding this final rule so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule will 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

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 one year. Although this final rule will 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 rule in sections VII. A. and VII. C. of this analysis.

G. Paperwork Reduction Act

This final 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 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 will 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 rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement.

I. Privacy

The Consolidated Appropriations Act, 2005, ¹¹ requires the Agency to assess the privacy impact of a regulation that will affect the privacy of individuals. This rule will not require the collection of personally identifiable information (PII). 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.

¹¹  Public Law 108-447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a (Dec. 8, 2004).

The E-Government Act of 2002, ¹² 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 will collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a PIA.

¹²  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 PII. The PTA was adjudicated by DOT's Chief Privacy Officer on May 28, 2026.

J. 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.

K. National Environmental Policy Act of 1969

FMCSA analyzed this 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, ¹³ Subpart B, Subsection e, paragraph (6)(h). The categorical exclusion (CE) 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 requirements in this final rule are covered by this CE.

¹³  Available at https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.

List of Subjects in 49 CFR Part 367

Brokers, Freight, Freight forwarders, Insurance, Intergovernmental relations, Motor carriers, Surety bonds.

Accordingly, FMCSA amends 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.

§367.30 [Removed]

2. Remove §367.30.

§367.40 [Redesignated as §367.30]

3. Redesignate §367.40 as §367.30.

§367.50 [Redesignated as §367.40]

4. Redesignate §367.50 as §367.40.

5. Revise newly redesignated §367.40 to read as follows:

§367.40 Fees under the Unified Carrier Registration Plan and Agreement for Registration Years Beginning in 2025 and Ending in 2026.

6. Add a new §367.50 to read as follows:

§367.50 Fees under the Unified Carrier Registration Plan and Agreement for Registration Year 2027 and Subsequent Years

Issued under authority delegated in 49 CFR 1.87.

Derek D. Barrs,

Administrator.

[FR Doc. 2026-17893 Filed 8-31-26; 8:45 am]

BILLING CODE 4910-EX-P