[Federal Register: January 28, 2010 (Volume 75, Number 18)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 367
[Docket No. FMCSA-2010-0009]
Uniform Carrier Registration Plan Board of Directors; Request for
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice Requesting Public Comment on Motor Carrier Industry
Nominations to the Board of Directors.
SUMMARY: The FMCSA solicits nominations and applications from
interested persons to serve as motor carrier industry representatives
on the Board of Directors of the Unified Carrier Registration Plan,
which governs the Uniform Carrier Registration Agreement (UCRA), as
authorized by the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU). The Agency will appoint
five members from the motor carrier industry. The UCRA governs the
registration and the collection and distribution of fees paid by for-
hire and private motor carriers, brokers, freight forwarders, and
leasing companies. The UCRA replaced the Single State Registration
System (SSRS), which was repealed January 1, 2008.
DATES: Nominations to the Board of Directors must be received on or
before February 12, 2010.
ADDRESSES: You may submit comments to this notice, identified by docket
number FMCSA-2010-0009, by any of the following methods--Internet,
facsimile, regular mail, or hand-deliver.
Federal eRulemaking Portal: Federal Docket Management System (FDMS)
Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. The FDMS is the preferred
method for submitting comments, and we urge you to use it. In the
"Comment" or "Submission" section, type Docket ID Number "FMCSA-
2010-0009", select "Go", and then click on "Send a Comment or
Submission." You will receive a tracking number when you submit a
Mail, Courier, or Hand-Deliver: U.S. Department of Transportation,
Docket Operations (M-30), West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
Docket: Comments and material received from the public, as well as
background information and documents mentioned in this preamble, are
part of docket FMCSA-2010-0009, and are available for inspection and
copying on the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. You may also
view and copy documents at the U.S. Department of Transportation's
Docket Operations Unit, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC.
Privacy Act: All comments will be posted without change including
any personal information provided to the FDMS at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Anyone can search the electronic form of all our
dockets in FDMS, by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). The Department of Transportation's (DOT)
complete Privacy Act Statement was published in the Federal Register on
April 11, 2000 (65 FR 19476), and can be viewed at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://docketsinfo.dot.gov. Comments received after the comment closing date
will be included in the docket, and we will consider late comments to
the extent practicable. FMCSA may, however, issue a final rule at any
time after the close of the comment period.
FOR FURTHER INFORMATION CONTACT: Ms. Julie Otto, Office of Enforcement
and Program Delivery, (202) 366-0710, FMCSA, Department of
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590 or by e-
mail at: FMCSAregs@dot.gov.
Section 4305(b) of SAFETEA-LU [Pub. L. 109-59, 119 Stat. 1144,
August 10, 2005] enacted 49 U.S.C. 14504a titled ``Unified carrier
registration system plan and agreement.'' Under the UCRA, motor
carriers, motor private carriers, brokers, freight forwarders, and
leasing companies register and pay certain fees. The Unified Carrier
Registration Plan Board of Directors must issue rules and regulations
to govern the UCR. Section 14504a(a)(9) defines the Unified Carrier
Registration Plan as the organization of State, Federal, and industry
representatives responsible for developing, implementing, and
administering the UCRA. Section 14504a(d)(1)(B) directed the Secretary
to establish a Unified Carrier Registration Plan Board of Directors
made up of 15 members from FMCSA, State government, and the motor
carrier industry. The Board also must recommend initial annual fees to
be assessed against carriers, leasing companies, brokers, and freight
forwarders under the UCRA, as well as any annual adjustments to those
fees. Section 14504a(d) stipulates that the Unified Carrier
Registration Plan Board of Directors must consist of directors from the
U.S. Department of Transportation (the Department): One individual,
either the FMCSA Deputy Administrator or such other Presidential
appointee from the Department, must represent the Department.
Federal Motor Carrier Safety Administration: One director must be
selected from each of the FMCSA service areas (as defined by FMCSA on
January 1, 2005) from among the chief administrative officers of the
State agencies responsible for administering the UCRA.
State Agencies: The five directors selected to represent State
agencies must be from among the professional
staffs of State agencies responsible for overseeing the administration
of the UCRA and must be nominated by the National Conference of State
Transportation Specialists (NCSTS), a non-profit organization founded
in 1959 and consisting of State agencies involved in transportation
safety, insurance and consumer protection.
Motor Carrier Industry: Five directors must be from the motor
carrier industry. Today's publication serves as a notice for public
comment and recommendations for the five members of the UCRA Board of
Directors from the motor carrier industry in accordance with 49 U.S.C.
14504a(d). At least one of the five motor carrier industry directors
must be from "a national trade association representing the general
motor carrier of property industry" and one of them must be from "a
motor carrier that falls within the smallest fleet fee bracket."
The establishment of the Board was announced in the Federal
Register on May 12, 2006 (71 FR 27777). In that notice, the Agency
recognized the American Trucking Associations, Inc. (ATA) as the
national trade association representing the general motor carrier of
property industry. ATA is a national affiliation of State trucking
organizations representing the national, State and local interests of
the 50 affiliated State trucking associations; and the interests of
specialized areas of the trucking industry through conferences and
councils. The Agency selected the Owner-Operator Independent Drivers
Association (OOIDA) as the organization from which to appoint an
individual to represent motor carriers comprising the smallest fleet
fee bracket. OOIDA is a national trade association representing the
interests of small trucking companies and drivers. The Secretary has
discretion to appoint the remaining three industry representatives. In
order to ensure participation on the Board by segments of the industry
newly subject to the SSRS replacement system, the Secretary previously
appointed three members as follows: (1) One member from the
Transportation Intermediaries Association (TIA), (2) one member from
the National Private Truck Council (NPTC), and (3) one member from Wal-
Mart Stores, Inc. (Wal-Mart). TIA represents transportation
intermediaries such as brokers, freight forwarders, and shippers doing
business in domestic and international commerce. NPTC is a national
trade association representing private motor carrier fleets. With
nearly 7,000 tractors, over 40,000 trailers, and annual sales over $285
billion, Wal-Mart is the nation's largest private motor carrier.
Each of the five current Directors from the motor carrier industry
served an initial term of 3 years. Those terms expired, but the
directors continue to serve until their replacements are appointed;
each of them may be reappointed (49 U.S.C. 14504a(d)(1)(D)(iii) and
Board Member Nominations
FMCSA seeks either nominations of, or expressions of interest from,
individuals to serve as members of the board of directors for the UCR
Plan from the motor carrier industry. Nominations or expressions of
interest should be transmitted by means of the procedures for comments
specified earlier in this notice. FMCSA and the Department will make
the appointments for the five members from the motor carrier industry
for three-year terms, expiring on May 31, 2012.
Issued on: January 15, 2010.
William A. Quade,
Associate Administrator, Enforcement and Program Delivery.
[FR Doc. 2010-1772 Filed 1-27-10; 8:45 am]
BILLING CODE 4910-EX-P