82 FR 5292 - Unified Registration System; Suspension of Effectiveness
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 10 (January 17, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 5292-5318 | |
| FR Document | 2016-31706 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Rules and Regulations] [Pages 5292-5318] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31706] [[Page 5291]] Vol. 82 Tuesday, No. 10 January 17, 2017 Part VI Department of Transportation ----------------------------------------------------------------------- Federal Motor Carrier Safety Administration 49 CFR Parts 360, 365, et al. Unified Registration System; Suspension of Effectiveness; Final Rule Federal Register / Vol. 82 , No. 10 / Tuesday, January 17, 2017 / Rules and Regulations [[Page 5292]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 360, 365, 366, 368, 385, 387, and 390 [Docket No. FMCSA-1997-2349] RIN 2126-AC00 Unified Registration System; Suspension of Effectiveness AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; suspension of effective date and temporary final rule. ----------------------------------------------------------------------- SUMMARY: The FMCSA suspends its regulations requiring existing interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the Agency via a new electronic on-line Unified Registration System (URS). During this suspension, entities needing to file will follow the same procedures and forms used to submit information to FMCSA as they do today. DATES: Effective Dates: This rule is effective January 14, 2017. Comment Dates: Petitions for reconsideration must be received by February 16, 2017. ADDRESSES: Petitions for reconsideration must be submitted to: Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. All background documents, comments, and materials related to this rule may be viewed in docket number FMCSA-1997-2349 using either of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-9616 or via email at [email protected]. Office hours are from 8:00 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Preamble Table of Contents I. Public Participation A. Viewing Comments and Documents B. Privacy Act II. Acronyms and Abbreviations III. Executive Summary IV. Background A. Legal Authority B. Regulatory History V. Section-by-Section Analysis A. Part 360, Fees for Motor Carrier Registration and Insurance B. Part 365, Rules Governing Applications for Operating Authority C. Part 366, Designation of Process Agent D. Part 368, Application for a Certificate of Registration to Operate in Municipalities in the United States on the United States- Mexico International Border or within the Commercial Zones of Such Municipalities E. Part 385, Safety Fitness Procedures F. Part 387, Minimum Levels of Financial Responsibility for Motor Carriers G. Part 390, Federal Motor Carrier Safety Regulations, General H. Part 392, Driving of Commercial Motor Vehicles VI. Rulemaking Analyses and Notices A. Executive Order 12866 and Executive Order 13563 B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act of 1995 D. National Environmental Policy Act E. Paperwork Reduction Act F. Executive Order 12630 (Taking of Private Property) G. Executive Order 12988 (Civil Justice Reform) H. Executive Order 13045 (Protection of Children) I. Executive Order 13132 (Federalism) J. Executive Order 12372 (Intergovernmental Review) K. Executive Order 13211 (Energy Supply, Distribution, or Use) L. Privacy Impact Analysis I. Public Participation A. Viewing Comments and Documents To view comments, as well as documents identified in this preamble as available in the docket, go to http://www.regulations.gov and click on the ``Read Comments'' box in the upper right hand side of the screen. Then, in the ``Keyword'' box, insert ``FMCSA-1997-2349'' and click ``Search.'' Next, click ``Open Docket Folder'' in the ``Actions'' column. Finally, in the ``Title'' column, click on the document you would like to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. Privacy Act All comments received are posted without change to http://www.regulations.gov. Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, or other organization). You may review DOT's complete Privacy Act Statement in the Federal Register published on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.thefederalregister.org/2008/pdf/E-785.pdf. II. Acronyms and Abbreviations APA Administrative Procedure Act ANPRM Advance Notice of Proposed Rulemaking ASCII American Standard Code Information Interchange BI&PD Bodily Injury & Property Damage CAA Clean Air Act CE Categorical Exclusion CFR Code of Federal Regulations CMV Commercial motor vehicle USDOT/DOT U.S. Department of Transportation EMAIL Electronic Mail E.O. Executive Order FMCSA Federal Motor Carrier Safety Administration FF Freight Forwarder FMVSS Federal Motor Vehicle Safety Standard HHGFF Household Goods Freight Forwarder ICCTA ICC Termination Act of 1995 IEP Intermodal Equipment Provider GCWR Gross Combination Weight Rating GVW Gross Vehicle Weight GVWR Gross Vehicle Weight Rating HMSP Hazardous Materials Safety Permit HMR Hazardous Material Regulations, 49 CFR parts 100 through 185 MC Motor Carrier MC-ECI Office of Enforcement and Compliance, Insurance Compliance Division MCMIS Motor Carrier Management Information System MC-RI Office of Information Technology MC-RIS Office of Data Analysis and Information Systems MC-RS Office of Registration and Safety Information MX Mexico Owned or Controlled NEPA National Environmental Policy Act of 1969 NNA Non-North America-Domiciled Motor Carrier NPRM Notice of Proposed Rulemaking OMB Office of Management and Budget PHMSA Pipeline and Hazardous Materials Safety Administration PIA Privacy Impact Assessment PII Personally Identifiable Information PRISM Performance and Registration Information Systems Management RFA Regulatory Flexibility Act RQ Reportable Quantity [[Page 5293]] SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59, 119 Stat. 1714, August 10, 2005 SCAC Standard Carrier Alpha Code SSRS Single State Registration System URS Unified Registration System URS-1 Unified Registration System Final Rule, 78 FR 52608 (Aug. 23, 2013), as amended at 80 FR 63695, October 21, 2015, and at 81 FR 49553, July 28, 2016 VIN Vehicle Identification Number III. Executive Summary This final rule is being issued to further delay the effective and compliance dates of the Unified Registration System final rule (URS 1 final rule), issued on August 23, 2013 and revised as noted below in the Regulatory History section. The URS 1 final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, Intermodal Equipment Providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities required to register with FMCSA, and streamline the existing Federal registration processes to ensure the Agency can more efficiently track these entities. FMCSA is extending the implementation date of the final stage of the URS 1 final rule beyond January 14, 2017 because additional time is needed to securely migrate data from multiple legacy platforms into a new central database and to conduct further compatibility testing with its State partners. The Agency recently migrated its information technology systems to a ``cloud'' environment. This migration effort was a necessary step in order to provide a foundation to successfully implement URS. By moving the implementation date, FMCSA is providing its State partners more time to develop, update, and verify data connectivity and system reliability. The additional time will also enable the Agency to conduct more thorough training and to implement broader outreach and education activities that will provide for a seamless transition. Due to the numerous revisions and corrections that have been made to the URS 1 final rule, FMCSA, in consultation with the Office of the Federal Register (OFR), is allowing the URS 1 rule to come into effect, immediately suspending it, and replacing it with temporary regulations. FMCSA intends to lift the suspension once the technology to implement URS 1 is complete, and effectively replace the temporary regulations with the URS 1 final rule, as issued on August 23, 2013. FMCSA and the OFR have determined that this procedure will result in a compilation of rules that is relatively easy to understand and follow. The temporary provisions read almost exactly as the regulations in existence on January 13, 2017 (the day before URS 1 becomes effective). Their only differences are the ``T'' notation in their section designation, which denotes them as temporary provisions within the Code of Federal Regulations, and new paragraph designations in some cases, to align with current guidelines for publication in the CFR. IV. Background A. Legal Authority FMCSA relies upon the same legal authority cited in the August 23, 2013, Unified Registration System final rule (URS 1).\1\ The Agency suspends those portions of the URS 1 final rule that will become effective on January 14, 2017, and replaces them with the provisions in effect on January 13, 2017. Because there are no substantive changes to the content of the 2013 final rule, nor to the previous provisions, we will not expand upon the previous legal authority discussion presented in the URS 1 final rule.\2\ --------------------------------------------------------------------------- \1\ Final Rule, Unified Registration System, 78 FR 52608 (August 23, 2013). \2\ Id. at 52615. --------------------------------------------------------------------------- The Administrative Procedure Act (APA) (5 U.S.C. 551- 706) specifically provides exceptions to its notice and public comment rulemaking requirements where the Agency finds there is good cause (and incorporates the finding and a brief statement of reasons therefore in the rules issued) to dispense with them. Generally, good cause exists where the Agency determines that notice and public procedures are impractical, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)(3)(B)). This URS final rule is being issued to, in effect, delay the effective date of the original URS 1 final rule. FMCSA will not have the technological ability to support the changes made by the August 23, 2013, final rule by the final rule's current effective date (January 14, 2017), which would make it impossible for motor carriers to comply with the regulations. If FMCSA does not suspend these regulations and replace them with temporary provisions, existing motor carriers would find themselves unable to obtain a USDOT number, request additional registration, or file evidence of meeting financial responsibility requirements, among other things. The motor carrier registration process would grind to a halt, likely posing significant harm to motor carriers, other FMCSA-regulated entities, drivers, and those who use their services. For these reasons, FMCSA finds good cause to dispense with notice and public comment on this final rule, as providing for public notice and comment would be contrary to the public interest. For these same reasons, and also pursuant to the APA (5 U.S.C. 553 (d)(3)), this final rule will be effective on January 14, 2017. Delaying the effective date for 30 days after publication would result in the URS 1 rule remaining in effect, causing the same complications described above. B. Regulatory History The Federal Highway Administration (FMCSA's predecessor agency) issued an advance notice of proposed rulemaking (ANPRM), announcing plans to develop a single, online, Federal information system in August 1996.\3\ The ANPRM solicited specific detailed information from the public about each of the systems to be replaced by the URS, the conceptual design of the URS, uses and users of the information to be collected, and potential costs. --------------------------------------------------------------------------- \3\ Advance Notice of Proposed Rulemaking, Motor Carrier Replacement Information/Registration System, 61 FR 43816 (Aug. 26, 1996). --------------------------------------------------------------------------- On May 19, 2005, FMCSA published an NPRM describing a proposal to merge all of the prescribed information systems except the Single State Registration System (SSRS) into a unified, online Federal system.\4\ The Agency subsequently revised the May 2005 proposal in an October 26, 2011, SNPRM to incorporate new congressionally mandated provisions in SAFETEA-LU,\5\ and modified certain proposals in response to comments to the NPRM.\6\ The SNPRM also included changes necessitated by final rules published subsequent to publication of the NPRM that directly impacted the URS. In the SNPRM, the Agency substantially altered the regulatory drafting approach proposed in the NPRM by creating a straightforward requirement for all entities to register and biennially update registration information under the new URS and by compiling a centralized cross-reference to existing safety and commercial regulations necessary for compliance with the registration requirements. The Agency abandoned previous efforts to reorganize all registration and new entrant requirements under a single part [[Page 5294]] under title 49, Code of Federal Regulations (CFR) chapter III. FMCSA issued the final rule for URS (``URS 1'') on August 23, 2013.\7\ That rule had an effective date of October 23, 2015.\8\ --------------------------------------------------------------------------- \4\ Notice of Proposed Rulemaking, Unified Registration System, 70 FR 28990 (May 19, 2005). \5\ Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1714, August 10, 2005. \6\ Supplemental Notice of Proposed Rulemaking, Unified Registration System, 76 FR 66506 (Oct. 26, 2011). \7\ Final Rule, Unified Registration System, 78 FR 52608 (Aug. 23, 2013). \8\ Certain provisions in the URS 1 final rule became effective on November 1, 2013. Specifically, the changes to 49 CFR 390.19 and 392.2b came into effect earlier than the rest of the final rule. The changes to 49 CFR 366.2 were not effective until April 25, 2016. --------------------------------------------------------------------------- On October 21, 2015, FMCSA published a final rule delaying the URS 1 effective date until September 30, 2016.\9\ This delay, however, included several new, temporary regulations which directed new applicants (who were also defined in the final rule) to utilize the online MCSA-1 application in order to request registration and a USDOT number. On July 28, 2016, FMCSA again delayed the URS 1 effective dates, this time until January 14, 2017, via a correction to the October 21, 2015 final rule document.\10\ That correction also extended the effective period for the temporary provisions from the October 21, 2015 document. --------------------------------------------------------------------------- \9\ Final Rule; extension of effective dates, Unified Registration System, 80 FR 63695 (Oct. 21, 2015). The delay did not impact those portions of the URS 1 final rule that had already become effective. \10\ Final Rule; correction, Unified Registration System; Correction, 81 FR 49553 (Jul. 28, 2016). --------------------------------------------------------------------------- V. Section-by-Section Analysis This rule amends 49 CFR part 360 in reference to fees; part 365 procedures governing applications for operating authority and transfers of operating authority; part 366 procedures for designations of process agents; part 368 procedures governing applications to operate in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities; part 385 safety fitness procedures; part 387 levels of financial responsibility; and part 390 general applicability of the FMCSRs. In each part, the provisions enacted by the URS 1 final rule that go into effect January 14, 2017, are being immediately suspended and replaced by temporary provisions that contain the same requirements in place on January 13, 2017. The only changes being made to the regulatory text are to replace internal cross references to CFR parts or sections that are either being suspended or have been removed with the corresponding temporary provision (found in the table below), and to include paragraph designations on previously undesignated text, in order to align with current guidelines for publication in the CFR. The following table lays out those provisions being suspended, and the corresponding temporary provision being added to replace the suspended regulations. Note that in some cases, there is not a corresponding suspended or temporary provision, as the URS 1 final rule both added new regulatory sections and removed sections without replacing them. ------------------------------------------------------------------------ Corresponding Suspended CFR part or section temporary CFR Section title section(s) ------------------------------------------------------------------------ 360.1......................... 360.1T........... Fees for registration- related services. 360.3......................... 360.3T........... Filing fees. 360.5......................... 360.5T........... Updating user fees. 365.101....................... 365.101T......... Applications governed by these rules. 365.103....................... 365. 103T........ Modified procedure. 365.105....................... 365.105T......... Starting the application process: Form OP-1. N/A........................... 365.106T......... Starting the application process: URS online application. 365.107....................... 365.107T......... Types of applications. 365.109....................... 365.109T......... FMCSA review of the application. 365.111....................... 365.111T......... Appeals to rejections of the application. 365.119....................... 365.119T......... Opposed applications. 365.201....................... 365.201T......... Definitions. 365.203....................... 365.203T......... Time for filing. 365.301....................... 365.301T......... Applicable rules. Part 365, Subpart D........... 365.401T, Transfer of Operating 365.403T, Rights Under 49 365.405T, U.S.C. 10926. 365.407T, 365.409T, 365.411T, 365.413T. 365.507....................... 365.507T......... FMCSA action on the application. 365.509....................... 365.509T......... Requirement to notify FMCSA of change in applicant information. 366.1......................... 366.1T........... Applicability. 366.2......................... 366.2T........... Form of designation. 366.3......................... 366.3T........... Eligible persons. 366.4......................... 366.4T........... Required States. 366.5......................... 366.5T........... Blanket designations. 366.6......................... 366.6T........... Cancellation or change. N/A........................... 368.3-1T \11\.... Starting the application process: URS online application. 368.3......................... 368.3T........... Applying for a certificate of registration. 368.4......................... 368.4T........... Requirement to notify FMCSA of change in applicant information. 368.8......................... 368.8T........... Appeals. 385.301....................... 385.301T......... What is a motor carrier required to do before beginning interstate operations? 385.303....................... 385.303T......... How does a motor carrier register with the FMCSA? 385.305....................... 385.305T......... What happens after the FMCSA receives a request for new entrant registration? 385.329....................... 385.329T......... May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? 385.405....................... 385.405T......... How does a motor carrier apply for a safety permit? 385.409....................... 385.409T......... When may a temporary safety permit be issued to a motor carrier? 385.419....................... 385.419T......... How long is a safety permit effective? 385.421....................... 385.421T......... Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA? 385.603....................... 385.603T......... Application. [[Page 5295]] 385.607....................... 385.607T......... FMCSA action on the application. 385.609....................... 385.609T......... Requirement to notify FMCSA of change in applicant information. 385.713....................... 385.713T......... Reapplying for new entrant registration. 387.19........................ N/A.............. Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. 387.33........................ 387.33T.......... Financial responsibility, minimum levels. 387.43........................ N/A.............. Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. 387.301....................... 387.301T......... Surety bond, certificate of insurance, or other securities. 387.303....................... 387.303T......... Security for the protection of the public: Minimum limits. 387.313....................... 387.313T......... Forms and procedures. 387.323....................... 387.323T......... Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. 387.403....................... 387.403T......... General requirements. 387.413....................... 387.413T......... Forms and procedures. 387.419....................... 387.419T......... Electronic filing of surety bonds, certificates of insurance and cancellations. 390.3......................... 390.3T........... General applicability. 390.5......................... 390.5T........... Definitions. 390.19........................ 390.19T.......... Motor carrier identification reports for certain Mexico-domiciled motor carriers. 390.21........................ 390.21T.......... Marking of self- propelled commercial motor vehicles (CMVs) and intermodal equipment. 390.40........................ 390.40T.......... What responsibilities do intermodal equipment providers have under the Federal Motor Carrier Safety Regulations (49 CFR parts 350 through 399)? Part 390, Subpart E........... 390.200T......... USDOT Registration. ------------------------------------------------------------------------ VI. Rulemaking Analyses and Notices --------------------------------------------------------------------------- \11\ This abnormal numbering scheme represents a slight change to the regulation. It is being made because without it, there would be two separate provisions designated as 49 CFR 368.3T, which is not allowable. --------------------------------------------------------------------------- A. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563 FMCSA has determined that this final rule, essentially delaying the effective date of the URS rules, is not a significant regulatory action within the meaning of E.O. 12866, as supplemented by E.O. 13563, or within the meaning of DOT regulatory policies and procedures. The Agency does not expect this action to have any new costs; this action suspending the provisions of the August 23, 2013 and reinstating the pre-existing registration provisions will delay the associated costs of the August 23, 2013, final rule. As discussed previously, this action is necessary because the URS 1 technological solution, required to implement the URS 1 final rule, is not ready. Not suspending the URS 1 final rule may result in additional costs, as allowing the URS 1 final rule to come into effect without having the required technological pieces (such as the URS online application and the integrated database required by statute) would require motor carriers, freight forwarders, brokers, and others to use a system that does not exist, with no alternative for seeking registration authorities. This could lead to a delay in processing registrations, which could then impact the applicants. Suspending the URS final rule and temporarily reinstating the pre-existing rules avoids these potential costs, without adding new costs over what was originally estimated in the August 2013 RIA. The August 2013 RIA can be found in the docket for this final rule. B. Regulatory Flexibility Act Under the Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601- 612), FMCSA is not required to complete a regulatory flexibility analysis. This is because this rule does not require publication of a general notice of proposed rulemaking. However, in compliance with the RFA, FMCSA has evaluated the effects of this final rule on small entities, and determined that delaying the effective date for the URS 1 final rule will not result in a significant economic impact on a substantial number of small entities. Accordingly, the Administrator of FMCSA hereby certifies that this rule will not have a significant economic impact on a substantial number of small entities. C. Unfunded Mandates Reform Act of 1995 This final rule will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et seq.), that will result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $156 million (which is the value of $100 million adjusted for inflation) or more in any one year. D. National Environmental Policy Act The Agency analyzed this final rule for the purpose of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and determined under our environmental procedures Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action is categorically excluded (CE) under Appendix 2, paragraphs 6(e), 6(h) and 6(y)(2) of the Order from further environmental documentation. The CE under Appendix 2, paragraph 6(e) relates to establishing regulations and actions taken pursuant to the requirements concerning applications for operating authority and certificates of registration. The CE under Appendix 2, paragraph 6(h), relates to establishing regulations and actions taken pursuant to the requirements implementing procedures to collect fees that will be charged for motor carrier registrations and insurance for the following activities: (1) Application filings; (2) records searches; and (3) reviewing, copying, certifying, and related services. The CE under Appendix 2, paragraph 6(y)(2), addresses regulations implementing motor carrier identification and registration reports. In addition, the Agency believes that [[Page 5296]] this rule includes no extraordinary circumstances that will have any effect on the quality of the human environment. Thus, this rule does not require an environmental assessment or an environmental impact statement. FMCSA also has analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement because it involves policy development and rulemaking activities regarding registration of regulated entities with FMCSA for commercial, safety and financial responsibility purposes. See 40 CFR 93.153(c)(2)(vi). The changes would not result in any emissions increases, nor will they have any potential to result in emissions that are above the general conformity rule's de minimis emission threshold levels. Moreover, it is reasonably foreseeable that the actions will not increase total CMV mileage or change the routing of CMVs, how CMVs operate, or the CMV fleet-mix of motor carriers. E. Paperwork Reduction Act 12 --------------------------------------------------------------------------- \12\ The calculations presented in this section may be subject to rounding errors. --------------------------------------------------------------------------- Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501- 3520), a Federal Agency must obtain approval from OMB for each collection of information it conducts, sponsors, or requires through regulations. The FMCSA analyzed the August 23, 2013, final rule and determined that its implementation would streamline the information collection burden on motor carriers and other regulated entities, relative to the baseline, or current paperwork collection processes. This included streamlining the FMCSA registration, insurance, and designation of process agent filing processes and implementing mandatory electronic online filing of these applications, as well as eliminating some outdated filing requirements. A full analysis of the impacted collections of information, both existing and new, can be found in that final rule,\13\ a copy of which is in the docket for this final rule. This final rule makes no changes to the collections described in that final rule. --------------------------------------------------------------------------- \13\ See 78 FR 52608, 52642. --------------------------------------------------------------------------- F. Executive Order 12630 (Taking of Private Property) This final rule will not result in a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. G. Executive Order 12988 (Civil Justice Reform) This final rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. H. Executive Order 13045 (Protection of Children) Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (April 23, 1997, 62 FR 19885), requires that agencies issuing economically significant rules, which also concern an environmental health or safety risk that an Agency has reason to believe may disproportionately affect children, must include an evaluation of the environmental health and safety effects of the regulation on children. Section 5 of Executive Order 13045 directs an Agency to submit for a covered regulatory action an evaluation of its environmental health or safety effects on children. This final rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. I. Executive Order 13132 (Federalism) This rule has been analyzed in accordance with the principles and criteria in Executive Order 13132, dated August 4, 1999 (64 FR 43255, August 10, 1999). The FMCSA consulted with State licensing agencies participating in its PRISM Program to discuss anticipated impacts of the May 2005 NPRM upon their operations. The Agency has taken into consideration their comments in its decision-making process for this rule. Thus, FMCSA has determined that this rule will not have significant Federalism implications or limit the policymaking discretion of the States. J. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this final rule. K. Executive Order 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this rule under Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' and has determined that this is not a significant energy action within the meaning of section 4(b) of the Executive Order. This final rule is not economically significant, and will not have a significant adverse effect on the supply, distribution, or use of energy. L. Privacy Impact Analysis The FMCSA conducted a privacy impact assessment (PIA) of the August 23, 2013, final rule as required by section 522(a)(5) of division H of the FY 2005 Omnibus Appropriations Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004) [set out as a note to 5 U.S.C. 552a]. The assessment considered any impacts of the final rule on the privacy of information in an identifiable form and related matters. FMCSA determined that the August 23, 2013, final rule will impact the handling of personally identifiable information (PII). FMCSA also determined the risks and effects the rulemaking might have on collecting, storing, and sharing PII and examined and evaluated protections and alternative information handling processes in order to mitigate potential privacy risks. This final rule makes no changes to the information being collected, or to the manner that it is stored and shared. FMCSA believes that the PIA for the August 23, 2013, final rule adequately covers this action; that PIA remains available for review in the docket for this final rule. List of Subjects 49 CFR Part 360 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting and recordkeeping requirements, Surety bonds. 49 CFR Part 365 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Motor carriers, Moving of household goods. 49 CFR Part 366 Brokers, Motor carriers, Freight forwarders, Process agents. 49 CFR Part 368 Administrative practice and procedure, Insurance, Motor carriers. 49 CFR Part 385 Administrative practice and procedure, Highway safety, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. [[Page 5297]] 49 CFR Part 387 Buses, Freight, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Intergovernmental relations, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting and recordkeeping requirements, Surety bonds. 49 CFR Part 390 Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends 49 CFR chapter III as set forth below: PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE 0 1. The authority citation for part 360 is revised to read as follows: Authority: 31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87. Sec. Sec. 360.1 through 360.5 [Suspended] 0 2. Suspend Sec. Sec. 360.1 through 360.5. 0 3. Add Sec. 360.1T to read as follows: Sec. 360.1T Fees for registration-related services. Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Administration will be furnished on the following basis, pursuant to the Freedom of Information Act regulations at 49 CFR part 7: (a) Certificate of the Director, Office of Data Analysis and Information Systems, as to the authenticity of documents, $9.00; (b) Service involved in checking records to be certified to determine authenticity, including clerical work, etc., incidental thereto, at the rate of $16.00 per hour; (c) Copies of the public documents, at the rate of $.80 per letter size or legal size exposure. A minimum charge of $5.00 will be made for this service; and (d) Search and copying services requiring ADP processing, as follows: (1) A fee of $42.00 per hour for professional staff time will be charged when it is required to fulfill a request for ADP data. (2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Data Analysis and Information Systems (MC-RIS). (3) Printing shall be charged at the rate of $.10 per page of computer generated output with a minimum charge of $.25. A charge of $30 per reel of magnetic tape will be made if the tape is to be permanently retained by the requestor. 0 4. Add Sec. 360.3T to read as follows: Sec. 360.3T Filing fees. (a) Manner of payment. (1) Except for the insurance fees described in the next sentence, all filing fees will be payable at the time and place the application, petition, or other document is tendered for filing. The service fee for insurance, surety or self-insurer accepted certificate of insurance, surety bond or other instrument submitted in lieu of a broker surety bond must be charged to an insurance service account established by the Federal Motor Carrier Safety Administration in accordance with paragraph (a)(2) of this section. (2) Billing account procedure. A written request must be submitted to the Office of Enforcement and Compliance, Insurance Compliance Division (MC-ECI) to establish an insurance service fee account. (i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and printed. The billing cycle is the period between the billing date in one month and the billing date in the next month. A bill for each account which has activity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Payments received before the next billing date are applied to the account. Interest will accrue in accordance with 4 CFR 102.13. (ii) The Debt Collection Act of 1982, including disclosure to the consumer reporting agencies and the use of collection agencies, as set forth in 4 CFR 102.5 and 102.6 will be utilized to encourage payment where appropriate. (iii) An account holder who files a petition in bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Office of Enforcement and Compliance, Insurance Division (MC-ECI): (A) The filing date of the bankruptcy petition; (B) The court in which the bankruptcy petition was filed; (C) The type of bankruptcy proceeding; (D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and (E) The name, address, and telephone number of the bankruptcy trustee, if one has been appointed. (3) Fees will be payable to the Federal Motor Carrier Safety Administration by a check payable in United States currency drawn upon funds deposited in a United States or foreign bank or other financial institution, money order payable in United States' currency, or credit card (VISA or MASTERCARD). (b) Any filing that is not accompanied by the appropriate filing fee is deficient except for filings that satisfy the deferred payment procedures in paragraph (a) of this section. (c) Fees not refundable. Fees will be assessed for every filing in the type of proceeding listed in the schedule of fees contained in paragraph (f) of this section, subject to the exceptions contained in paragraphs (d) and (e) of this section. After the application, petition, or other document has been accepted for filing by the Federal Motor Carrier Safety Administration, the filing fee will not be refunded, regardless of whether the application, petition, or other document is granted or approved, denied, rejected before docketing, dismissed, or withdrawn. (d) Related or consolidated proceedings. (1) Separate fees need not be paid for related applications filed by the same applicant which would be the subject of one proceeding. (This does not mean requests for multiple types of operating authority filed on forms in the OP-1 series under the regulations at 49 CFR part 365. A separate filing fee is required for each type of authority sought in each transportation mode, e.g., common, contract, and broker authority for motor property carriers.) (2) Separate fees will be assessed for the filing of temporary operating authority applications as provided in paragraph (f)(6) of this section, regardless of whether such applications are related to an application for corresponding permanent operating authority. (3) The Federal Motor Carrier Safety Administration may reject concurrently filed applications, petitions, or other documents asserted to be related and refund the filing fee if, in its judgment, they embrace two or more severable matters which should be the subject of separate proceedings. (e) Waiver or reduction of filing fees. It is the general policy of the Federal Motor Carrier Safety Administration not to waive or reduce filing fees except as described as follows: (1) Filing fees are waived for an application or other proceeding which is filed by a Federal government agency, or a State or local government entity. For purposes of this section the phrases ``Federal government agency'' or ``government entity'' do not include a quasi- governmental corporation or [[Page 5298]] government subsidized transportation company. (2) In extraordinary situations the Federal Motor Carrier Safety Administration will accept requests for waivers or fee reductions in accordance with the following procedure: (i) When to request. At the time that a filing is submitted to the Federal Motor Carrier Safety Administration the applicant may request a waiver or reduction of the fee prescribed in this part. Such request should be addressed to the Director, Office of Data Analysis and Information Systems. (ii) Basis. The applicant must show the waiver or reduction of the fee is in the best interest of the public, or that payment of the fee would impose an undue hardship upon the requestor. (iii) Federal Motor Carrier Safety Administration action. The Director, Office of Data Analysis and Information Systems, will notify the applicant of the decision to grant or deny the request for waiver or reduction. (f) Schedule of filing fees. ---------------------------------------------------------------------------------------------------------------- Type of proceeding Fee ---------------------------------------------------------------------------------------------------------------- Part I: Licensing: (1)............................... An application for motor carrier $300. operating authority, a certificate of registration for certain foreign carriers, property broker authority, or freight forwarder authority. (2)............................... A petition to interpret or clarify an 3,000. operating authority. (3)............................... A request seeking the modification of 50. operating authority only to the extent of making a ministerial correction, when the original error was caused by applicant, a change in the name of the shipper or owner of a plant site, or the change of a highway name or number. (4)............................... A petition to renew authority to 250. transport explosives. (5)............................... An application for authority to deviate 150. from authorized regular-route authority. (6)............................... An application for motor carrier 100. temporary authority issued in an emergency situation. (7)............................... Request for name change of a motor 14. carrier, property broker, or freight forwarder. (8)............................... An application involving the merger, 300. transfer, or lease of the operating rights of motor passenger and property carriers, property brokers, and household goods freight forwarders under 49 U.S.C. 10321 and 10926. (9)-(49).......................... [Reserved].............................. .............................. Part II: Insurance: (50).............................. (i) An application for original 4,200. qualification as self-insurer for bodily injury and property damage insurance (BI&PD). (ii) An application for original 420. qualification as self-insurer for cargo insurance. (51).............................. A service fee for insurer, surety, or $10 per accepted certificate, self-insurer accepted certificate of surety bond or other insurance, surety bond, and other instrument submitted in lieu instrument submitted in lieu of a of a broker surety bond. broker surety bond. (52).............................. A petition for reinstatement of revoked 80. operating authority. (53)-(79)......................... [Reserved].............................. .............................. Part III: Services: (80).............................. Request for service or pleading list for 13 per list. proceedings. (81).............................. Faxed copies of operating authority to 5. applicants or their representatives who did not receive a served copy. ---------------------------------------------------------------------------------------------------------------- (g) Returned check policy. (1) If a check submitted to the FMCSA for a filing or service fee is dishonored by a bank or financial institution on which it is drawn, the FMCSA will notify the person who submitted the check that: (i) All work will be suspended on the filing or proceeding, until the check is made good; (ii) A returned check charge of $6.00 and any bank charges incurred by the FMCSA as a result of the dishonored check must be submitted with the filing fee which is outstanding; and (iii) If payment is not made within the time specified by the FMCSA, the proceeding will be dismissed or the filing may be rejected. (2) If a person repeatedly submits dishonored checks to the FMCSA for filing fees, the FMCSA may notify the person that all future filing fees must be submitted in the form of a certified or cashier's check, money order, or credit card. 0 5. Add Sec. 360.5T to read as follows: Sec. 360.5T Updating user fees. (a) Update. Each fee established in this part may be updated in accordance with this section as deemed necessary by the FMCSA. (b) Publication and effective dates. Updated fees shall be published in the Federal Register and shall become effective 30 days after publication. (c) Payment of fees. Any person submitting a filing for which a fee is established shall pay the fee in effect at the time of the filing. (d) Method of updating fees. Each fee shall be updated by updating the cost components comprising the fee. Cost components shall be updated as follows: (1) Direct labor costs shall be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of FMCSA employees. Base level direct labor costs are direct labor costs determined by the cost study in Regulations Governing Fees For Service, 1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for measuring changes shall be April 1984 or the year of the last cost study. (2) Operations overhead shall be developed each year on the basis of current relationships existing on a weighted basis, for indirect labor applicable to the first supervisory work centers directly associated with user fee activity. Actual updating of operations overhead will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead costs. (3)(i) Office general and administrative costs shall be developed [[Page 5299]] each year on the basis of current levels costs, i.e., dividing actual office general and administrative costs for the current fiscal year by total office costs for the office directly associated with user fee activity. Actual updating of office general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations overhead costs. (ii) FMCSA general and administrative costs shall be developed each year on the basis of current level costs; i.e., dividing actual FMCSA general and administrative costs for the current fiscal year by total agency expenses for the current fiscal year. Actual updating of FMCSA general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead, operations overhead and office general and administrative costs. (4) Publication costs shall be adjusted on the basis of known changes in the costs applicable to publication of material in the Federal Register or FMCSA Register. (This rounding procedures excludes copying, printing and search fees.) (e) Rounding of updated fees. Updated fees shall be rounded in the following manner: (1) Fees between $1 and $30 will be rounded to the nearest $1; (2) Fees between $30 and $100 will be rounded to the nearest $10; (3) Fees between $100 and $999 will be rounded to the nearest $50; and (4) Fees above $1,000 will be rounded to the nearest $100. PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY 0 6. The authority citation for part 365 is revised to read as follows: Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901- 13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87. Sec. Sec. 365.101 through 365.109-- [SUSPENDED] 0 7. Suspend Sec. Sec. 365.101 through 365.109. 0 8. Add Sec. 365.101T to read as follows: Sec. 365.101T Applications governed by these rules. These rules govern the handling of applications for operating authority of the following type: (a) Applications for certificates and permits to operate as a motor common or contract carrier of property or passengers. (b) Applications for permits to operate as a freight forwarder. (c) [Reserved] (d) Applications for licenses to operate as a broker of motor vehicle transportation. (e) Applications for certificates under 49 U.S.C. 13902(b)(3) to operate as a motor carrier of passengers in intrastate commerce over regular routes if such intrastate transportation is to be provided on a route over which the carrier provides interstate transportation of passengers. (f) [Reserved] (g) Applications for temporary motor carrier authority. (h) Applications for Mexico-domiciled motor carriers to operate in foreign commerce as common, contract or private motor carriers of property (including exempt items) between Mexico and all points in the United States. Under NAFTA Annex I, page I-U-20, a Mexico-domiciled motor carrier may not provide point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo. (i) Applications for non-North America-domiciled motor carriers to operate in foreign commerce as for-hire motor carriers of property and passengers within the United States. (j) The rules in this part do not apply to ``pipeline welding trucks'' as defined in 49 CFR 390.38(b). 0 9. Add Sec. 365.103T to read as follows: Sec. 365.103T Modified procedure. The FMCSA will handle licensing application proceedings using the modified procedure, if possible. The applicant and protestants send statements made under oath (verified statements) to each other and to the FMCSA. There are no personal appearances or formal hearings. 0 10. Add Sec. 365.105T to read as follows: Sec. 365.105T Starting the application process: Form OP-1. (a)(1) Each applicant must file the appropriate form in the OP-1 series. Form OP-1 must be filed when requesting authority to operate as a motor property carrier, a broker of general freight, or a broker of household goods; Form OP-1(P) must be filed when requesting authority to operate as a motor passenger carrier; Form OP-1(FF) must be filed when requesting authority to operate as a freight forwarder; Form OP- 1(MX) must be filed by a Mexico-domiciled motor property, including household goods, carrier, or a motor passenger carrier requesting authority to operate within the United States; and effective December 16, 2009. (2) Form OP-1(NNA) must be filed by a non-North America-domiciled motor property, including household goods, carrier or a motor passenger carrier requesting authority to operate within the United States. A separate filing fee in the amount set forth at 49 CFR 360.3T(f)(1) is required for each type of authority sought. (b) Obtain forms at a FMCSA Division Office in each State or at one of the FMCSA Service Centers. Addresses and phone numbers for the Division Offices and Service Centers can be found at: https://www.fmcsa.dot.gov/mission/field-offices. The forms and information about filing procedures can be downloaded at: https://www.fmcsa.dot.gov/registration/registration-forms. 0 11. Add Sec. 365.106T to read as follows: Sec. 365.106T Starting the application process: URS online application. (a) Notwithstanding Sec. 365.105T, new applicants as defined in paragraph (b) of this section must apply for a USDOT number and if applicable, operating authority by electronically filing Form MCSA-1, the URS online application, to request authority pursuant to 49 U.S.C. 13902, 13903, or 13904 to operate as a: (1) Motor carrier of property (not household goods), property (household goods) or passengers; (2) Broker of general commodities or household goods; or (3) Freight forwarder of general commodities or household goods. (b) For purposes of this section, a ``new applicant'' is an entity applying for a USDOT number and if applicable, operating authority who does not at the time of application have an active registration or USDOT, Motor Carrier (MC), Mexico owned or controlled (MX) or Freight Forwarder (FF) number, and who has never had an active registration or USDOT, MC, MX, or FF number. (c) Form MCSA-1 is the URS online application, and both the application and its instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov/urs. 0 12. Add Sec. 365.107T to read as follows: Sec. 365.107T Types of applications. (a) Fitness applications. Motor property applications and certain types of motor passenger applications require only the finding that the applicant is fit, willing and able to perform the involved operations and to comply with all applicable statutory and regulatory provisions. These applications can be opposed only on the grounds that applicant is not fit [e.g., is not in [[Page 5300]] compliance with applicable financial responsibility and safety fitness requirements]. These applications are: (1) Motor common and contract carrier of property (except household goods), Mexican motor property carriers that perform private carriage and transport exempt items, and motor contract carrier of passengers transportation. (2) Motor carrier brokerage of general commodities (except household goods). (3) Certain types of motor passenger applications as described in Form OP-1 (P). (b) Motor passenger ``public interest'' applications as described in Form OP-1 (P). (c) Intrastate motor passenger applications under 49 U.S.C. 13902(b)(3) as described in Form OP-1, Schedule B. (d) Motor common carrier of household goods applications, including Mexican carrier applicants. These applications require a finding that: (1) The applicant is fit, willing, and able to provide the involved transportation and to comply with all applicable statutory and regulatory provisions; and (2) The service proposed will serve a useful public purpose, responsive to a public demand or need. (e) Motor contract carrier of household goods, household goods property broker, and freight forwarder applications. These applications require a finding that: (1) The applicant is fit, willing, and able to provide the involved transportation and to comply with all applicable statutory and regulatory provisions; and (2) The transportation to be provided will be consistent with the public interest and the national transportation policy of 49 U.S.C. 13101. (f) Temporary authority (TA) for motor and water carriers. These applications require a finding that there is or soon will be an immediate transportation need that cannot be met by existing carrier service. (g) In view of the expedited time frames established in this part for processing requests for permanent authority, applications for TA will be entertained only in exceptional circumstances (i.e., natural disasters or national emergencies) when evidence of immediate service need can be specifically documented in a narrative supplement appended to Form OP-1 for motor property carriers, Form OP-1MX for Mexican property carriers and, Form OP-1(P) for motor passenger carriers. 0 13. Add Sec. 365.109T to read as follows: Sec. 365.109T FMCSA review of the application. (a) FMCSA staff will review the application for correctness, completeness, and adequacy of the evidence (the prima facie case). (1) Minor errors will be corrected without notification to the applicant. (2) Materially incomplete applications will be rejected. Applications that are in substantial compliance with these rules may be accepted. (3) All motor carrier applications will be reviewed for consistency with the FMCSA's operational safety fitness policy. Applicants with ``Unsatisfactory'' safety fitness ratings from DOT will have their applications rejected. (4) FMCSA staff will review completed applications that conform with the FMCSA's safety fitness policy and that are accompanied by evidence of adequate financial responsibility. (5) Financial responsibility is indicated by filing within 20 days from the date an application notice is published in the FMCSA Register: (i) Form BMC-91 or 91X or BMC 82 surety bond--Bodily injury and property damage (motor property and passenger carriers; household goods freight forwarders that provide pickup or delivery service directly or by using a local delivery service under their control). (ii) Form BMC-84--Surety bond or Form BMC-85--trust fund agreement (property brokers of general commodities and household goods). (iii) Form BMC 34 or BMC 83 surety bond--Cargo liability (household goods motor carriers and household goods freight forwarders). (6) Applicants also must submit Form BOC-3--designation of legal process agents--within 20 days from the date an application notice is published in the FMCSA Register. (7) Applicants seeking to conduct operations for which tariffs are required may not commence such operations until tariffs are in effect. (8) All applications must be completed in English. (b) A summary of the application will be published as a preliminary grant of authority in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application. Sec. 365.111 [SUSPENDED] 0 14. Suspend Sec. 365.111. 0 15. Add Sec. 365.111T to read as follows: Sec. 365.111T Appeals to rejections of the application. (a) An applicant has the right to appeal rejection of the application. The appeal must be filed at the FMCSA within 10 days of the date of the letter of rejection. (b) If the appeal is successful and the filing is found to be proper, the application shall be deemed to have been properly filed as of the decision date of the appeal. Sec. 365.119 [SUSPENDED] 0 16. Suspend Sec. 365.119. 0 17. Add Sec. 365.119T to read as follows: Sec. 365.119T Opposed applications. If the application is opposed, opposing parties are required to send a copy of their protest to the applicant. Sec. Sec. 365.201 and 365.203 [SUSPENDED] 0 18. Suspend Sec. Sec. 365.201 and 365.203. 0 19. Add Sec. 365.201T to read as follows: Sec. 365.201T Definitions. A person wishing to oppose a request for permanent authority files a protest. A person filing a valid protest becomes a protestant. 0 20. Add Sec. 365.203T to read as follows: Sec. 365.203T Time for filing. A protest shall be filed (received at the FMCSA) within 10 days after notice of the application appears in the FMCSA Register. A copy of the protest shall be sent to applicant's representative at the same time. Failure timely to file a protest waives further participation in the proceeding. Sec. 365.301 [SUSPENDED] 0 21. Suspend Sec. 365.301. 0 22. Add Sec. 365.301T to read as follows: Sec. 365.301T Applicable rules. Generally, all application proceedings are governed by the FMCSA's Rules of Practice at part 386 of this chapter except as designated below. Subpart D--[SUSPENDED] 0 23. Suspend subpart D, consisting of Sec. Sec. 365.401 through 365.413. 0 24. Add new subpart D, consisting of Sec. Sec. 365.401T through 365.413T, to read as follows: Subpart D--Transfer of Operating Rights Under 49 U.S.C. 10926 Sec. 365.401T Scope of rules. 365.403T Definitions. 365.405T Applications. 365.407T Notice. 365.409T FMCSA action and criteria for approval. 365.411T Responsive pleadings. 365.413T Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker. [[Page 5301]] Sec. 365.401T Scope of rules. These rules define the procedures that enable motor passenger and property carriers, property brokers, and household goods freight forwarders to obtain approval from the FMCSA to merge, transfer, or lease their operating rights in financial transactions not subject to 49 U.S.C. 11343. Transactions covered by these rules are governed by 49 U.S.C. 10321 and 10926. The filing fee is set forth at 49 CFR 360.3T(f)(8). Sec. 365.403T Definitions. For the purposes of this part, the following definitions apply: (a) Transfer. Transfers include all transactions (i.e., the sale or lease of interstate operating rights,\1\ or the merger of two or more carriers or a carrier into a noncarrier) subject to 49 U.S.C. 10926, as well as the sale of property brokers' licenses under 49 U.S.C. 10321. \1\ The execution of a chattel mortgage, deed of trust, or other similar document does not constitute a transfer or require the FMCSA's approval. However, a foreclosure for the purpose of transferring an operating right to satisfy a judgment or claim against the record holder may not be effected without approval of the FMCSA. (b) Operating rights. Operating rights include: (1) Certificates and permits issued to motor carriers; (2) Permits issued to freight forwarders; (3) Licenses issued to property brokers; and (4) Certificates of Registration issued to motor carriers. The term also includes authority held by virtue of the gateway elimination regulations published in the Federal Register as letter-notices. (c) Certificate of registration. The evidence of a motor carrier's right to engage in interstate or foreign commerce within a single State is established by a corresponding State certificate. (d) Person. An individual, partnership, corporation, company, association, or other form of business, or a trustee, receiver, assignee, or personal representative of any of these. (e) Record holder. The person shown on the records of the FMCSA as the legal owner of the operating rights. (f) Control. A relationship between persons that includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, a holding or investment company, or any other means. (g) Category 1 transfers. Transactions in which the person to whom the operating rights would be transferred is not an FMCSA carrier and is not affiliated with any FMCSA carrier. (h) Category 2 transfers. Transactions in which the person to whom the operating rights would be transferred is an FMCSA carrier and/or is affiliated with an FMCSA carrier. Sec. 365.405T Applications. (a) Procedural requirements. (1) At least 10 days before consummation, an original and two copies of a properly completed Form OP-FC-1 and any attachments (see paragraph (b)(1)(viii) of this section) must be filed with the Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Ave. SE., Washington, DC 20590-0001. (2) At any time after the expiration of the 10-day waiting period, applicants may consummate the transaction, subject to the subsequent approval of the application by the FMCSA, as described below. The transferee may commence operations under the rights acquired from the transferor upon its compliance with the FMCSA's regulations governing insurance, and process agents. See 49 CFR parts 387, subpart C, and 366, respectively. In the alternative, applicants may wait until the FMCSA has issued a decision on their application before transferring the operating rights. If the transferee wants the transferor's operating authority to be reissued in its name, it should furnish the FMCSA with a statement executed by both transferor and transferee indicating that the transaction has been consummated. Authority will not be reissued until after the FMCSA has approved the transaction. (b) Information required. (1) In category 1 and category 2 transfers, applicants must furnish the following information: (i) Full name, address, and signatures of the transferee and transferor. (ii) A copy of the transferor's operating authority involved in the transfer proceeding. (iii) A short summary of the essential terms of the transaction. (iv) If relevant, the status of proceedings for the transfer of State certificate(s) corresponding to the Certificates of Registration being transferred. (v) A statement as to whether the transfer will or will not significantly affect the quality of the human environment. (vi) Certification by transferor and transferee of their current respective safety ratings by the United States Department of Transportation (i.e., satisfactory, conditional, unsatisfactory, or unrated). (vii) Certification by the transferee that it has sufficient insurance coverage under 49 U.S.C. 13906 for the service it intends to provide. (viii) Information to demonstrate that the proposed transaction is consistent with the national transportation policy and satisfies the criteria for approval set forth at Sec. 365.409T. (Such information may be appended to the application form and, if provided, would be embraced by the oath and verification contained on that form.) (ix) If motor carrier operating rights are being transferred, certification by the transferee that it is not domiciled in Mexico nor owned or controlled by persons of that country. (2) Category 2 applicants must also submit the following additional information: (i) Name(s) of the carrier(s), if any, with which the transferee is affiliated. (ii) Aggregate revenues of the transferor, transferee, and their carrier affiliates from interstate transportation sources for a 1-year period ending not earlier than 6 months before the date of the agreement of the parties concerning the transaction. If revenues exceed $2 million, the transfer may be subject to 49 U.S.C. 14303 rather than these rules. Sec. 365.407T Notice. The FMCSA will give notice of approved transfer applications through publication in the FMCSA Register. Sec. 365.409T FMCSA action and criteria for approval. A transfer will be approved under this section if: (a) The transaction is not subject to 49 U.S.C. 14303; and (b) The transaction is consistent with the public interest; however, (c) If the transferor or transferee has an ``Unsatisfactory'' safety fitness rating from DOT, the transfer may be denied. If an application is denied, the FMCSA will set forth the basis for its action in a decision or letter notice. If parties with ``Unsatisfactory'' safety fitness ratings consummate a transaction pursuant to the 10-day rule at Sec. 365.405T prior to the notification of FMCSA action, they do so at their own risk and subject to any conditions we may impose subsequently. Transactions that have been consummated but later are denied by the FMCSA are null and void and must be rescinded. Similarly, if applications contain false or misleading information, they are void ab initio. Sec. 365.411T Responsive pleadings. (a) Protests must be filed within 20 days after the date of publication of an [[Page 5302]] approved transfer application in the FMCSA Register. Protests received prior to the notice will be rejected. Applicants may respond within 20 days after the due date of protests. Petitions for reconsideration of decisions denying applications must be filed within 20 days after the date of service of such decisions. (b) Protests and petitions for reconsideration must be filed with the Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Ave. SE., Washington, DC 20590-0001, and be served on appropriate parties. Sec. 365.413T Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker. (a) Scope. These procedures apply in the following circumstances: (1) A change in the form of a business, such as the incorporation of a partnership or sole proprietorship; (2) A change in the legal name of a corporation or partnership or change in the trade name or assumed name of any entity; (3) A transfer of operating rights from a deceased or incapacitated spouse to the other spouse; (4) A reincorporation and merger for the purpose of effecting a name change; (5) An amalgamation or consolidation of a carrier and a noncarrier into a new carrier having a different name from either of the predecessor entities; and (6) A change in the State of incorporation accomplished by dissolving the corporation in one State and reincorporating in another State. (b) Procedures. To accomplish these changes, a letter or signed copy of form MCSA-5889, ``Motor Carrier Records Change Form,'' OMB No. 2126-0060, must be submitted to the Federal Motor Carrier Safety Administration. It must be submitted in one of the following three ways. (1) Scanned and submitted via the web form at https://www.fmcsa.dot.gov/ask; (2) Faxed to (202-366-3477); or (3) Mailed to the Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Ave. SE., Washington, DC 20590-0001. The envelope should be marked ``NAME CHANGE''. (c) The registrant must provide: (1) The docket number(s) and name of the carrier, freight forwarder, or property broker requesting the change; (2) A copy of the articles of incorporation and the State certificate reflecting the incorporation; (3) The name(s) of the owner(s) of the stock and the distribution of the shares; (4) The names of the officers and directors of the corporation; and (5) A statement that there is no change in the ownership, management, or control of the business. When this procedure is being used to transfer operating rights from a deceased or incapacitated spouse to the other spouse, documentation that the other spouse has the legal right to effect such change must be included with the request. The fee for filing a name change request is in Sec. 360.3T(f) of this chapter. Sec. Sec. 365.507 and 365.509 [SUSPENDED] 0 25. Suspend Sec. Sec. 365.507 and 365.509. 0 26. Add Sec. 365.507T to read as follows: Sec. 365.507T FMCSA action on the application. (a) The FMCSA will review and act on each application submitted under this subpart in accordance with the procedures set out in this part. (b) The FMCSA will validate the accuracy of information and certifications provided in the application by checking data maintained in databases of the governments of Mexico and the United States. (c) Pre-authorization safety audit. Every Mexico-domiciled carrier that applies under this part must satisfactorily complete an FMCSA- administered safety audit before FMCSA will grant provisional operating authority to operate in the United States. The safety audit is a review by the FMCSA of the carrier's written procedures and records to validate the accuracy of information and certifications provided in the application and determine whether the carrier has established or exercises the basic safety management controls necessary to ensure safe operations. The FMCSA will evaluate the results of the safety audit using the criteria in appendix A to this subpart. (d) If a carrier successfully completes the pre-authorization safety audit and the FMCSA approves its application submitted under this subpart, FMCSA will publish a summary of the application as a preliminary grant of authority in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application, as required in Sec. 365.109T(b). (e) If the FMCSA grants provisional operating authority to the applicant, it will assign a distinctive USDOT Number that identifies the motor carrier as authorized to operate beyond the municipalities in the United States on the U.S.-Mexico international border and beyond the commercial zones of such municipalities. In order to operate in the United States, a Mexico-domiciled motor carrier with provisional operating authority must: (1) Have its surety or insurance provider file proof of financial responsibility in the form of certificates of insurance, surety bonds, and endorsements, as required by Sec. 387.301T of this subchapter; (2) File a hard copy of, or have its process agent(s) electronically submit, Form BOC-3--Designation of Agents-Motor Carriers, Brokers and Freight Forwarders, as required by part 366 of this subchapter; and (3) Comply with all provisions of the safety monitoring system in subpart B of part 385 of this subchapter, including successfully passing CVSA Level I inspections at least every 90 days and having decals affixed to each commercial motor vehicle operated in the United States as required by Sec. 385.103(c) of this subchapter. (f) The FMCSA may grant permanent operating authority to a Mexico- domiciled carrier no earlier than 18 months after the date that provisional operating authority is granted and only after successful completion to the satisfaction of the FMCSA of the safety monitoring system for Mexico-domiciled carriers set out in subpart B of part 385 of this subchapter. Successful completion includes obtaining a satisfactory safety rating as the result of a compliance review. 0 26. Add Sec. 365.509T to read as follows: Sec. 365.509T Requirement to notify FMCSA of change in applicant information. (a) A motor carrier subject to this subpart must notify the FMCSA of any changes or corrections to the information in parts I, IA or II submitted on the Form OP-1(MX) or the Form BOC-3--Designation of Agents--Motor Carriers, Brokers and Freight Forwarders during the application process or after having been granted provisional operating authority. The carrier must notify the FMCSA in writing within 45 days of the change or correction. (b) If a carrier fails to comply with paragraph (a) of this section, the FMCSA may suspend or revoke its operating authority until it meets those requirements. PART 366--DESIGNATION OF PROCESS AGENT 0 27. The authority citation for part 366 is revised to read as follows: Authority: 49 U.S.C. 502, 503, 13303, 13304 and 13908; and 49 CFR 1.87. [[Page 5303]] Sec. Sec. 366.1 through 366.6 [SUSPENDED] 0 28. Suspend Sec. Sec. 366.1 through 366.6. 0 29. Add Sec. Sec. 366.1T through 366.6T to read as follows: Sec. 366.1T Applicability. 366.2T Form of designation. 366.3T Eligible persons. 366.4T Required States. 366.5T Blanket designations. 366.6T Cancellation or change. Sec. 366.1T Applicability. These rules, relating to the filing of designations of persons upon whom court process may be served, govern motor carriers and brokers and, as of the moment of succession, their fiduciaries (as defined at 49 CFR 387.319(a)). Sec. 366.2T Form of designation. Designations shall be made on Form BOC-3, Designation of Agent for Service of Process. Only one completed current form may be on file. It must include all States for which agent designations are required. One copy must be retained by the carrier or broker at its principal place of business. Sec. 366.3T Eligible persons. All persons (as defined at 49 U.S.C. 13102(18)) designated as process agents must reside in or maintain an office in the State for which they are designated. If a State official is designated, evidence of his or her willingness to accept service of process must be furnished. Sec. 366.4T Required States. (a) Motor carriers. Every motor carrier (of property or passengers) shall make a designation for each State in which it is authorized to operate and for each State traversed during such operations. Every motor carrier (including private carriers) operating in the United States in the course of transportation between points in a foreign country shall file a designation for each State traversed. (b) Brokers. Every broker shall make a designation for each State in which its offices are located or in which contracts will be written. Sec. 366.5T Blanket designations. Where an association or corporation has filed with the FMCSA a list of process agents for each State, motor carriers may make the required designations by using the following statement: Those persons named in the list of process agents on file with the Federal Motor Carrier Safety Administration by ____ (Name of association or corporation) and any subsequently filed revisions thereof, for the States in which this carrier is or may be authorized to operate, including States traversed during such operations, except those States for which individual designations are named. Sec. 366.6T Cancellation or change. A designation may be canceled or changed only by a new designation except that, where a carrier or broker ceases to be subject to Sec. 366.4T in whole or in part for 1 year, designation is no longer required and may be canceled without making another designation. PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES 0 30. The authority citation for part 368 is revised to read as follows: Authority: 49 U.S.C. 13301, 13902 and 13908; Pub. L. 106-159, 113 Stat. 1748; and 49 CFR 1.87. 0 31. Add Sec. 368. 3-1T to read as follows: Sec. 368.3-1T Starting the application process: URS online application. (a) Notwithstanding any other provision of this part, new applicants as defined in paragraph (b) of this section must apply for a USDOT number and operating authority by electronically filing Form MCSA-1, the URS online application (available at http://www.fmcsa.dot.gov/urs) to request authority pursuant to 49 U.S.C. 13902 to provide interstate transportation in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities as defined in 49 U.S.C. 13902(c)(4)(A). (b) For purposes of this section, a ``new applicant'' is an citizen of Mexico or a motor carrier owned or controlled by a citizen of Mexico, applying for a USDOT number and operating authority who does not at the time of application have an active registration or USDOT, Motor Carrier (MC), Mexico owned or controlled (MX) or Freight Forwarder (FF) number, and who has never had an active registration or USDOT, MC, MX, or FF number. (c) Form MCSA-1, is the URS online application, and both the application and its instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov/urs. Sec. Sec. 368.3 and 368.4 [SUSPENDED] 0 32. Suspend Sec. Sec. 368.3 and 368.4. 0 33. Add Sec. 368.3T to read as follows: Sec. 368.3T Applying for a certificate of registration. (a) If you wish to obtain a certificate of registration under this part, you must submit an application that includes the following: (1) Form OP-2--Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 13902; (2) Form MCS-150--Motor Carrier Identification Report; and (3) A notification of the means used to designate process agents, either by submission in the application package of Form BOC-3-- Designation of Agents--Motor Carriers, Brokers and Freight Forwarders or a letter stating that the applicant will use a process agent service that will submit the Form BOC-3 electronically. (b) The FMCSA will only process your application for a Certificate of Registration if it meets the following conditions: (1) The application must be completed in English; (2) The information supplied must be accurate and complete in accordance with the instructions to the Form OP-2, Form MCS-150 and Form BOC-3; (3) The application must include all the required supporting documents and applicable certifications set forth in the instructions to the Form OP-2, Form MCS-150 and Form BOC-3; (4) The application must include the filing fee payable to the FMCSA in the amount set forth in 49 CFR 360.3T(f)(1); and (5) The application must be signed by the applicant. (c) If you fail to furnish the complete application as described under paragraph (b) of this section your application may be rejected. (d) If you submit false information under this section, you will be subject to applicable Federal penalties. (e) You must submit the application to the address provided in the instructions to the Form OP-2. (f) You may obtain the application described in paragraph (a) of this section from any FMCSA Division Office or download it from the FMCSA Web site at: http://www.fmcsa.dot.gov/factsfigs/formspubs.htm. 0 34. Add Sec. 368.4T to read as follows: Sec. 368.4T Requirement to notify FMCSA of change in applicant information. (a) You must notify the FMCSA of any changes or corrections to the information in Parts I, IA or II submitted on the Form OP-2 or the Form BOC-3--Designation of Agents--Motor Carriers, Brokers and Freight Forwarders during [[Page 5304]] the application process or while you have a Certificate of Registration. You must notify the FMCSA in writing within 45 days of the change or correction. (b) If you fail to comply with paragraph (a) of this section, the FMCSA may suspend or revoke the Certificate of Registration until you meet those requirements. Sec. 368.8 [SUSPENDED] 0 35. Suspend Sec. 368.8. 0 36. Add Sec. 368.8T to read as follows: Sec. 368.8T Appeals. An applicant has the right to appeal denial of the application. The appeal must be in writing and specify in detail why the agency's decision to deny the application was wrong. The appeal must be filed with the Director, Office of Data Analysis and Information Systems within 20 days of the date of the letter denying the application. The decision of the Director will be the final agency order. PART 385--SAFETY FITNESS PROCEDURES 0 37. The authority citation for part 385 is revised to read as follows: Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113, 13901-13905, 13908, 31136, 31144, 31148, 31151, and 31502; Sec. 350 of Pub. L. 107-87; and 49 CFR 1.87. Sec. Sec. 385.301 through 385.305 [SUSPENDED] 0 38. Suspend Sec. Sec. 385.301 through 385.305. 0 39. Add Sec. 385.301T to read as follows: Sec. 385.301T What is a motor carrier required to do before beginning interstate operations? (a) Before a motor carrier of property or passengers begins interstate operations, it must register with the FMCSA and receive a USDOT number. In addition, for-hire motor carriers must obtain operating authority from FMCSA following the registration procedures described in 49 CFR part 365, unless providing transportation exempt from 49 CFR part 365 registration requirements. (b) This subpart applies to motor carriers domiciled in the United States and Canada. (c) A Mexico-domiciled motor carrier of property or passengers must register with the FMCSA by following the registration procedures described in 49 CFR part 365 or 368, as appropriate. The regulations in this subpart do not apply to Mexico-domiciled carriers. 0 40. Add Sec. 385.303T to read as follows: Sec. 385.303T How does a motor carrier register with the FMCSA? A motor carrier may contact the FMCSA by internet (www.fmcsa.dot.gov); or Washington, DC headquarters by mail at, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; fax 202-366-3477; or telephone 1-800-832- 5660, and request the application materials for a new entrant motor carrier. Forms can also be downloaded from https://www.fmcsa.dot.gov/registration/registration-forms. A motor carrier which does not already have a USDOT number must apply online via the Unified Registration System (URS) at www.fmcsa.dot.gov/urs. 0 41. Add Sec. 385.305T to read as follows: Sec. 385.305T What happens after the FMCSA receives a request for new entrant registration? (a) The requester for new entrant registration will be directed to the FMCSA Internet Web site (www.fmcsa.dot.gov) to secure and/or complete the application package online. (b) The application package will contain the following: (1) Educational and technical assistance material regarding the requirements of the FMCSRs and HMRs, if applicable. (2) The Form MCS-150, The Motor Carrier Identification Report. (3) Application forms to obtain operating authority under 49 CFR part 365, as appropriate. (c) Upon completion of the application forms, the new entrant will be issued a USDOT number. (d) For-hire motor carriers, unless providing transportation exempt from 49 CFR part 365 registration requirements, must also comply with the procedures established in 49 CFR part 365 to obtain operating authority before operating in interstate commerce. Sec. 385.329 [SUSPENDED] 0 42. Suspend Sec. 385.329. 0 43. Add Sec. 385.329T to read as follows: Sec. 385.329T May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? (a) A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation. (b) If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following: (1) Submit an updated MCS-150. (2) Submit evidence that it has corrected the deficiencies that resulted in revocation of its registration and will otherwise ensure that it will have basic safety management controls in effect. (3) Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved. (c) If the USDOT new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a safety audit, it must do all of the following: (1) Submit an updated MCS-150. (2) Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved. (3) Submit to a safety audit. (d) If the new entrant is a for-hire carrier subject to the registration provisions under 49 U.S.C. 13901 and also has had its operating authority revoked, it must re-apply for operating authority as set forth in part 365 of this chapter. Sec. 385.405 [SUSPENDED] 0 44. Suspend Sec. 385.405. 0 45. Add Sec. 385.405T to read as follows: Sec. 385.405T How does a motor carrier apply for a safety permit? (a) Application form(s). (1) To apply for a new safety permit or renewal of the safety permit, a motor carrier must complete and submit Form MCS-150B, Combined Motor Carrier Identification Report and HM Permit Application. (2) The Form MCS-150B will also satisfy the requirements for obtaining and renewing a USDOT Number; there is no need to complete Form MCS-150, Motor Carrier Identification Report. (b) Where to get forms and instructions. The forms listed in paragraph (a) of this section, and instructions for completing the forms, may be obtained on the Internet at http://www.fmcsa.dot.gov, or by contacting FMCSA at Federal Motor Carrier Safety Administration, Office of Information Technology (MC-RI), 1200 New Jersey Ave. SE., Washington, DC 20590-0001, Telephone: 1-800-832-5660. (c) Registration with the Pipeline and Hazardous Materials Safety Administration (PHMSA). The motor carrier must be registered with PHMSA in accordance with part 107, subpart G, of this title. (d) Updating information on Form MCS-150B. A motor carrier holding a safety permit must report to FMCSA any change in the information on its Form MCS-150B within 30 days of the change. The motor carrier must use Form MCS-150B to report the new [[Page 5305]] information (contact information in paragraph (b) of this section). Sec. 385.409 [SUSPENDED] 0 46. Suspend Sec. 385.409. 0 47. Add Sec. 385.409T to read as follows: Sec. 385.409T When may a temporary safety permit be issued to a motor carrier? (a) Temporary safety permit. If a motor carrier does not meet the criteria in Sec. 385.407(a), FMCSA may issue it a temporary safety permit. To obtain a temporary safety permit a motor carrier must certify on Form MCS-150B that it is operating in full compliance with the HMRs; with the FMCSRs, and/or comparable State regulations, whichever is applicable; and with the minimum financial responsibility requirements in part 387 of this chapter or in State regulations, whichever is applicable. (b) FMCSA will not issue a temporary safety permit to a motor carrier that: (1) Does not certify that it has a satisfactory security program as required in Sec. 385.407(b); (2) Has a crash rate in the top 30 percent of the national average as indicated in the FMCSA's Motor Carrier Management Information System (MCMIS); or (3) Has a driver, vehicle, hazardous materials, or total out-of- service rate in the top 30 percent of the national average as indicated in the MCMIS. (c) A temporary safety permit shall be valid for 180 days after the date of issuance or until the motor carrier is assigned a new safety rating, whichever occurs first. (1) A motor carrier that receives a Satisfactory safety rating will be issued a safety permit (see Sec. 385.421T). (2) A motor carrier that receives a less than Satisfactory safety rating is ineligible for a safety permit and will be subject to revocation of its temporary safety permit. (d) If a motor carrier has not received a safety rating within the 180-day time period, FMCSA will extend the effective date of the temporary safety permit for an additional 60 days, provided the motor carrier demonstrates that it is continuing to operate in full compliance with the FMCSRs and HMRs. Sec. Sec. 385.419 and 385.421 [SUSPENDED] 0 48. Suspend Sec. Sec. 385.419 and 385.421. 0 49. Add Sec. 385.419T to read as follows: Sec. 385.419T How long is a safety permit effective? Unless suspended or revoked, a safety permit (other than a temporary safety permit) is effective for two years, except that: (a) A safety permit will be subject to revocation if a motor carrier fails to submit a renewal application (Form MCS-150B) in accordance with the schedule set forth for filing Form MCS-150 in Sec. 390.19T(a) of this chapter; and (b) An existing safety permit will remain in effect pending FMCSA's processing of an application for renewal if a motor carrier submits the required application (Form MS-150B) in accordance with the schedule set forth in Sec. 390.19T(a)(2) and (3) of this chapter. 0 50. Add Sec. 385.421T to read as follows: Sec. 385.421T Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA? (a) Grounds. A safety permit will be subject to revocation or suspension by FMCSA for the following reasons: (1) A motor carrier fails to submit a renewal application (Form MCS-150B) in accordance with the schedule set forth in Sec. 390.19T(a)(2) and (3) of this chapter; (2) A motor carrier provides any false or misleading information on its application (Form MCS-150B) or as part of updated information it is providing on Form MCS-150B (see Sec. 385.405T(d)). (3) A motor carrier is issued a final safety rating that is less than Satisfactory; (4) A motor carrier fails to maintain a satisfactory security plan as set forth in Sec. 385.407(b); (5) A motor carrier fails to comply with applicable requirements in the FMCSRs, the HMRs, or compatible State requirements governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport the hazardous materials listed in Sec. 385.403; (6) A motor carrier fails to comply with an out-of-service order; (7) A motor carrier fails to comply with any other order issued under the FMCSRs, the HMRs, or compatible State requirements governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport the hazardous materials listed in Sec. 385.403; (8) A motor carrier fails to maintain the minimum financial responsibility required by Sec. 387.9 of this chapter or an applicable State requirement; (9) A motor carrier fails to maintain current hazardous materials registration with the Pipeline and Hazardous Materials Safety Administration; or (10) A motor carrier loses its operating rights or has its registration suspended in accordance with Sec. 386.83 or Sec. 386.84 of this chapter for failure to pay a civil penalty or abide by a payment plan. (b) Determining whether a safety permit is revoked or suspended. A motor carrier's safety permit will be suspended the first time any of the conditions specified in paragraph (a) of this section are found to apply to the motor carrier. A motor carrier's safety permit will be revoked if any of the conditions specified in paragraph (a) of this section are found to apply to the motor carrier and the carrier's safety permit has been suspended in the past for any of the reasons specified in paragraph (a) of this section. (c) Effective date of suspension or revocation. A suspension or revocation of a safety permit is effective: (1) Immediately after FMCSA determines that an imminent hazard exists, after FMCSA issues a final safety rating that is less than Satisfactory, or after a motor carrier loses its operating rights or has its registration suspended for failure to pay a civil penalty or abide by a payment plan; (2) Thirty (30) days after service of a written notification that FMCSA proposes to suspend or revoke a safety permit, if the motor carrier does not submit a written request for administrative review within that time period; or (3) As specified in Sec. 385.423(c), when the motor carrier submits a written request for administrative review of FMCSA's proposal to suspend or revoke a safety permit. (4) A motor carrier whose safety permit has been revoked will not be issued a replacement safety permit or temporary safety permit for 365 days from the time of revocation. Sec. 385.603 [SUSPENDED] 0 51. Suspend Sec. 385.603. 0 52. Add Sec. 385.603T to read as follows: Sec. 385.603T Application. (a) Each applicant applying under this subpart must submit an application that consists of: (1) Form OP-1(NNA)--Application for U.S. Department of Transportation (USDOT) Registration by Non-North America-Domiciled Motor Carriers; (2) Form MCS-150--Motor Carrier Identification Report; and (3) A notification of the means used to designate process agents, either by submission in the application package of Form BOC-3-- Designation of Agents--Motor Carriers, Brokers and Freight Forwarders or a letter stating that the applicant will use a process agent service that will submit the Form BOC-3 electronically. (b) FMCSA will only process an application if it meets the following conditions: (1) The application must be completed in English; [[Page 5306]] (2) The information supplied must be accurate, complete, and include all required supporting documents and applicable certifications in accordance with the instructions to Form OP-1(NNA), Form MCS-150 and Form BOC-3; (3) The application must include the filing fee payable to the FMCSA in the amount set forth at 49 CFR 360.3T(f)(1); and (4) The application must be signed by the applicant. (c) An applicant must submit the application to the address provided in Form OP-1(NNA). (d) An applicant may obtain the application forms from any FMCSA Division Office or download them from the FMCSA Web site at: http://www.fmcsa.dot.gov/forms/forms.htm. Sec. Sec. 385.607 and 385.609 [SUSPENDED] 0 53. Suspend Sec. Sec. 385.607 and 385.609. 0 54. Add Sec. 385.607T to read as follows: Sec. 385.607T FMCSA action on the application. (a) FMCSA will review and act on each application submitted under this subpart in accordance with the procedures set out in this part. (b) FMCSA will validate the accuracy of information and certifications provided in the application by checking, to the extent available, data maintained in databases of the governments of the country where the carrier's principal place of business is located and the United States. (c) Pre-authorization safety audit. Every non-North America- domiciled motor carrier that applies under this part must satisfactorily complete an FMCSA-administered safety audit before FMCSA will grant new entrant registration to operate in the United States. The safety audit is a review by FMCSA of the carrier's written procedures and records to validate the accuracy of information and certifications provided in the application and determine whether the carrier has established or exercises the basic safety management controls necessary to ensure safe operations. FMCSA will evaluate the results of the safety audit using the criteria in the appendix to this subpart. (d) An application of a non-North America-domiciled motor carrier requesting for-hire operating authority under part 365 of this subchapter may be protested under Sec. 365.109T(b). Such a carrier will be granted new entrant registration after successful completion of the pre-authorization safety audit and the expiration of the protest period, provided the application is not protested. If a protest to the application is filed with FMCSA, new entrant registration will be granted only if FMCSA denies or rejects the protest. (e) If FMCSA grants new entrant registration to the applicant, it will assign a distinctive USDOT Number that identifies the motor carrier as authorized to operate in the United States. In order to initiate operations in the United States, a non-North America-domiciled motor carrier with new entrant registration must: (1) Have its surety or insurance provider file proof of financial responsibility in the form of certificates of insurance, surety bonds, and endorsements, as required by Sec. Sec. 387.7(e)(2), 387.31(e)(2), and 387.301T of this subchapter, as applicable; and (2) File a hard copy of, or have its process agent(s) electronically submit, Form BOC-3--Designation of Agents--Motor Carriers, Brokers and Freight Forwarders, as required by part 366 of this subchapter. (f) A non-North America-domiciled motor carrier must comply with all provisions of the safety monitoring system in subpart I of this part, including successfully passing North American Standard commercial motor vehicle inspections at least every 90 days and having safety decals affixed to each commercial motor vehicle operated in the United States as required by Sec. 385.703(c). (g) FMCSA may not re-designate a non-North America-domiciled carrier's registration from new entrant to permanent prior to 18 months after the date its USDOT Number is issued and subject to successful completion of the safety monitoring system for non-North America- domiciled carriers set out in subpart I of this part. Successful completion includes obtaining a Satisfactory safety rating as the result of a compliance review. 0 55. Add Sec. 385.609T to read as follows: Sec. 385.609T Requirement to notify FMCSA of change in applicant information. (a)(1) A motor carrier subject to this subpart must notify FMCSA of any changes or corrections to the information the Form BOC-3-- Designation of Agents--Motor Carriers, Brokers and Freight Forwarders that occur during the application process or after having been granted new entrant registration. (2) A motor carrier subject to this subpart must notify FMCSA of any changes or corrections to the information in Section I, IA or II of Form OP-1(NNA)--Application for U.S. Department of Transportation (USDOT) Registration by Non-North America-Domiciled Motor Carriers that occurs during the application process or after having been granted new entrant registration. (3) A motor carrier must notify FMCSA in writing within 45 days of the change or correction to information under paragraph (a)(1) or (2) of this section. (b) If a motor carrier fails to comply with paragraph (a) of this section, FMCSA may suspend or revoke its new entrant registration until it meets those requirements. Sec. 385.713 [SUSPENDED] 0 56. Suspend Sec. 385.713. 0 57. Add Sec. 385.713T to read as follows: Sec. 385.713T Reapplying for new entrant registration. (a) A non-North America-domiciled motor carrier whose provisional new entrant registration has been revoked may reapply for new entrant registration no sooner than 30 days after the date of revocation. (b) If the provisional new entrant registration was revoked because the new entrant failed to receive a Satisfactory rating after undergoing a compliance review, the new entrant must do all of the following: (1) Submit an updated MCS-150. (2) Submit evidence that it has corrected the deficiencies that resulted in revocation of its registration and will otherwise ensure that it will have basic safety management controls in effect. (3) Successfully complete a pre-authorization safety audit in accordance with Sec. 385.607T(c). (4) Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved. (c) If the provisional new entrant registration was revoked because FMCSA found that the new entrant had failed to submit to a compliance review, it must do all of the following: (1) Submit an updated MCS-150. (2) Successfully complete a pre-authorization safety audit in accordance with Sec. 385.607T(c). (3) Begin the 18-month new entrant monitoring cycle again as of the date the re-filed application is approved. (4) Submit to a compliance review upon request. (d) If the new entrant is a for-hire carrier subject to the registration provisions under 49 U.S.C. 13901 and also has had its operating authority revoked, it must re-apply for operating authority as set forth in part 365 of this subchapter. [[Page 5307]] PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 0 58. The authority citation for part 387 is revised to read as follows: Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, and 31139; and 49 CFR 1.87. Sec. 387.19 [SUSPENDED] 0 59. Suspend Sec. 387.19. Sec. 387.33 [SUSPENDED] 0 60. Suspend Sec. 387.33. 0 61. Add Sec. 387.33T to read as follows: Sec. 387.33T Financial responsibility, minimum levels. The minimum levels of financial responsibility referred to in Sec. 387.31 are hereby prescribed as follows: Schedule of Limits Public Liability For-hire motor carriers of passengers operating in interstate or foreign commerce. ------------------------------------------------------------------------ Effective dates Vehicle seating capacity ------------------------------- Nov. 19, 1983 Nov. 19, 1985 ------------------------------------------------------------------------ (1) Any vehicle with a seating capacity $2,500,000 $5,000,000 of 16 passengers or more............... (2) Any vehicle with a seating capacity 750,000 1,500,000 of 15 passengers or less \1\........... ------------------------------------------------------------------------ \1\ Except as provided in Sec. 387.27(b). Sec. 387.43 [Suspended] 0 62. Suspend Sec. 387.43. Sec. Sec. 387.301 and 387.303 [Suspended] 0 63. Suspend Sec. Sec. 387.301 and 387.303. 0 64. Add Sec. 387.301T to read as follows: Sec. 387.301T Surety bond, certificate of insurance, or other securities. (a) Public liability. (1) No common or contract carrier or foreign (Mexican) motor private carrier or foreign motor carrier transporting exempt commodities subject to Subtitle IV, part B, chapter 135 of title 49 of the U.S. Code shall engage in interstate or foreign commerce, and no certificate or permit shall be issued to such a carrier or remain in force unless and until there shall have been filed with and accepted by the FMCSA surety bonds, certificates of insurance, proof of qualifications as self-insurer, or other securities or agreements, in the amounts prescribed in Sec. 387.303T, conditioned to pay any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance or use of motor vehicles in transportation subject to Subtitle IV, part B, chapter 135 of title 49 of the U.S. Code, or for loss of or damage to property of others, or, in the case of motor carriers of property operating freight vehicles described in Sec. 387.303T(b)(2), for environmental restoration. (2) Motor Carriers of property which are subject to the conditions set forth in paragraph (a)(1) of this section and transport the commodities described in Sec. 387.303T(b)(2), are required to obtain security in the minimum limits prescribed in Sec. 387.303T(b)(2). (b) Household goods motor carriers-cargo insurance. No household goods motor carrier subject to subtitle IV, part B, chapter 135 of title 49 of the U.S. Code shall engage in interstate or foreign commerce, nor shall any certificate be issued to such a household goods motor carrier or remain in force unless and until there shall have been filed with and accepted by the FMCSA, a surety bond, certificate of insurance, proof of qualifications as a self-insurer, or other securities or agreements in the amounts prescribed in Sec. 387.303T, conditioned upon such carrier making compensation to individual shippers for all property belonging to individual shippers and coming into the possession of such carrier in connection with its transportation service. The terms ``household goods motor carrier'' and ``individual shipper'' are defined in part 375 of this subchapter. (c) Continuing compliance required. Such security as is accepted by the FMCSA in accordance with the requirements of section 13906 of title 49 of the U.S. Code, shall remain in effect at all times. 0 65. Add Sec. 387.303T to read as follows: Sec. 387.303T Security for the protection of the public: Minimum limits. (a) Definitions. (1) Primary security means public liability coverage provided by the insurance or surety company responsible for the first dollar of coverage. (2) Excess security means public liability coverage above the primary security, or above any additional underlying security, up to and including the required minimum limits set forth in paragraph (b)(2) of this section. (b)(1) Motor carriers subject to Sec. 387.301T(a)(1) are required to have security for the required minimum limits as follows: (i) Small freight vehicles. ------------------------------------------------------------------------ Transportation Kind of equipment provided Minimum limits ------------------------------------------------------------------------ Fleet including only vehicles Property (non- $300,000 under 10,001 pounds (4,536 hazardous). kilograms) GVWR. ------------------------------------------------------------------------ (ii) Passenger carriers. Passenger Carriers: Kind of Equipment ------------------------------------------------------------------------ Vehicle seating capacity Minimum limits ------------------------------------------------------------------------ (A) Any vehicle with a seating capacity of 16 passengers $5,000,000 or more (including the driver)......................... (B) Any vehicle designed or used to transport 15 1,500,000 passengers or less (including the driver) for compensation........................................... ------------------------------------------------------------------------ [[Page 5308]] (2) Motor carriers subject to Sec. 387.301T(a)(2) are required to have security for the required minimum limits as follows: ------------------------------------------------------------------------ Kind of equipment Commodity transported Minimum limits ------------------------------------------------------------------------ (i) Freight vehicles of 10,001 Property (non- $750,000 pounds (4,536 kilograms) or hazardous). more GVWR. (ii) Freight vehicles of 10,001 Hazardous substances, 5,000,000 (4,536 kilograms) pounds or as defined in Sec. more GVWR. 171.8 of this title, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons, or in bulk explosives Division 1,1, 1.2 and 1.3 materials. Division 2.3, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in Sec. 173.403 of this title. (iii) Freight vehicles of Oil listed in Sec. 1,000,000 10,001 pounds (4,536 172.101 of this title; kilograms) or more GVWR. hazardous waste, hazardous materials and hazardous substances defined in Sec. 171.8 of this title and listed in Sec. 172.101 of this title, but not mentioned in paragraph (b) or (d) of this section. (iv) Freight vehicles under Any quantity of 5,000,000 10,001 pounds (4,536 Division 1.1, 1.2, or kilograms) GVWR. 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of Class 7 material as defined in Sec. 173.455 of this title. ------------------------------------------------------------------------ (3) Motor carriers subject to the minimum limits governed by this section, which are also subject to Department of Transportation limits requirements, are at no time required to have security for more than the required minimum limits established by the Secretary of Transportation in the applicable provisions of this part. (4) Foreign motor carriers and foreign motor private carriers. Foreign motor carriers and foreign motor private carriers (Mexican), subject to the requirements of 49 U.S.C. 13902(c) and 49 CFR part 368 regarding obtaining certificates of registration from the FMCSA, must meet our minimum financial responsibility requirements by obtaining insurance coverage, in the required amounts, for periods of 24 hours or longer, from insurance or surety companies, that meet the requirements of Sec. 387.315. These carriers must have available for inspection, in each vehicle operating in the United States, copies of the following documents: (i) The certificate of registration; (ii) The required insurance endorsement (Form MCS-90); and (iii) An insurance identification card, binder, or other document issued by an authorized insurer which specifies both the effective date and the expiration date of the insurance coverage. Notwithstanding the provisions of Sec. 387.301T(a)(1), the filing of evidence of insurance is not required as a condition to the issuance of a certificate of registration. Further, the reference to continuous coverage at Sec. 387.313T(a)(6) and the reference to cancellation notice at Sec. 387.313T(d) are not applicable to these carriers. (c) Household goods motor carriers: Cargo liability. Security required to compensate individual shippers for loss or damage to property belonging to them and coming into the possession of household goods motor carriers in connection with their transportation service: (1) For loss of or damage to household goods carried on any one motor vehicle--$5,000; and (2) For loss of or damage to or aggregate of losses or damages of or to household goods occurring at any one time and place--$10,000. Sec. 387.313 [Suspended] 0 66. Suspend Sec. 387.313. 0 67. Add Sec. 387.313T to read as follows: Sec. 387.313T Forms and procedures. (a) Forms for endorsements, certificates of insurance and others-- (1) In form prescribed. Endorsements for policies of insurance and surety bonds, certificates of insurance, applications to qualify as a self-insurer, or for approval of other securities or agreements, and notices of cancellation must be in the form prescribed and approved by the FMCSA. (2) Aggregation of insurance. (i) When insurance is provided by more than one insurer in order to aggregate security limits for carriers operating only freight vehicles under 10,000 pounds Gross Vehicle Weight Rating, as defined in Sec. 387.303T(b)(1), a separate Form BMC 90, with the specific amounts of underlying and limits of coverage shown thereon or appended thereto, and Form BMC 91X certificate is required of each insurer. **Note: See Note for Rule 387.311. Also, it should be noted that DOT is considering prescribing adaptations of the Form MCS 90 endorsement and the Form MCS 82 surety bond for use by passenger carriers and Rules Sec. Sec. 387.311 and 387.313T have been written sufficiently broad to provide for this contingency when new forms are prescribed by that Agency. (ii) For aggregation of insurance for all other carriers to cover security limits under Sec. 387.303T(b)(1) or (2), a separate Department of Transportation prescribed form endorsement and Form BMC 91X certificate is required of each insurer. When insurance is provided by more than one insurer to aggregate coverage for security limits under Sec. 387.303T(c) a separate Form BMC 32 endorsement and Form BMC 34 certificate of insurance is required for each insurer. (iii) For aggregation of insurance for foreign motor private carriers of nonhazardous commodities to cover security limits under Sec. 387.303T(b)(4), a separate Form BMC 90 with the specific amounts of underlying and limits of coverage shown thereon or appended thereto, or Department of Transportation prescribed form endorsement, and Form BMC 91MX certificate is required for each insurer. (3) Use of certificates and endorsements in BMC Series. Form BMC 91 certificates of insurance will be filed with the FMCSA for the full security limits under Sec. 387.303T(b)(1) or (2). (i) Form BMC 91X certificate of insurance will be filed to represent full coverage or any level of aggregation for the security limits under Sec. 387.303T(b)(1) or (2). (ii) Form BMC 90 endorsement will be used with each filing of Form BMC 91 or Form 91X certificate with the FMCSA which certifies to coverage not governed by the requirements of the Department of Transportation. Form BMC 32 endorsement and Form BMC 34 certificate of insurance and Form BMC 83 surety bonds are used for the limits of cargo liability under Sec. 387.303T(c). (iii) Form BMC 91MX certificate of insurance will be filed to represent any level of aggregation for the security limits under Sec. 387.303T(b)(4). [[Page 5309]] (4) Use of endorsements in MCS Series. When Security limits certified under Sec. 387.303T(b)(1) or (b)(2) involves coverage also required by the Department of Transportation a Form MCS endorsement prescribed by the Department of Transportation such as, and including, the Form MCS 90 endorsement is required. (5) Surety bonds. When surety bonds are used rather than certificates of insurance, Form BMC 82 is required for the security limits under Sec. 387.303T(b)(1) not subject to regulation by the Department of Transportation, and Form MCS 82, or any form of similar import prescribed by the Department of Transportation, is used for the security limits subject also to minimum coverage requirements of the Department of Transportation. (6) Surety bonds and certificates in effect continuously. Surety bonds and certificates of insurance shall specify that coverage thereunder will remain in effect continuously until terminated as herein provided, except: (i) When filed expressly to fill prior gaps or lapses in coverage or to cover grants of emergency temporary authority of unusually short duration and the filing clearly so indicates; or (ii) In special or unusual circumstances, when special permission is obtained for filing certificates of insurance or surety bonds on terms meeting other particular needs of the situation. (b) Filing and copies. Certificates of insurance, surety bonds, and notices of cancellation must be filed with the FMCSA in triplicate. (c) Name of insured. Certificates of insurance and surety bonds shall be issued in the full and correct name of the individual, partnership, corporation or other person to whom the certificate, permit, or license is, or is to be, issued. In the case of a partnership, all partners shall be named. (d) Cancellation notice. Except as provided in paragraph (e) of this section, surety bonds, certificates of insurance and other securities or agreements shall not be cancelled or withdrawn until 30 days after written notice has been submitted to the FMCSA at its offices in Washington, DC, on the prescribed form (Form BMC-35, Notice of Cancellation Motor Carrier Policies of Insurance under 49 U.S.C. 13906, and BMC-36, Notice of Cancellation Motor Carrier and Broker Surety Bonds, as appropriate) by the insurance company, surety or sureties, motor carrier, broker or other party thereto, as the case may be, which period of thirty (30) days shall commence to run from the date such notice on the prescribed form is actually received by the FMCSA. (e) Termination by replacement. Certificates of insurance or surety bonds which have been accepted by the FMCSA under these rules may be replaced by other certificates of insurance, surety bonds or other security, and the liability of the retiring insurer or surety under such certificates of insurance or surety bonds shall be considered as having terminated as of the effective date of the replacement certificate of insurance, surety bond or other security, provided the said replacement certificate, bond or other security is acceptable to the FMCSA under the rules and regulations in this part. (f) Termination of Forms BMC-32 and BMC-34 for motor carriers transporting property other than household goods. Form BMC-32 endorsements and Form BMC-34 certificates of insurance issued to motor carriers transporting property other than household goods that have been accepted by the FMCSA under these rules will expire on March 21, 2011. Sec. 387.323 [Suspended] 0 68. Suspend Sec. 387.323. 0 69. Add Sec. 387.323T to read as follows: Sec. 387.323T Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. (a) Insurers may, at their option and in accordance with the requirements and procedures set forth in paragraphs (a) through (d) of this section, file forms BMC 34, BMC 35, BMC 36, BMC 82, BMC 83, BMC 84, BMC 85, BMC 91, and BMC 91X electronically, in lieu of using the prescribed printed forms. (b) Each insurer must obtain authorization to file electronically by registering with the FMCSA. An individual account number and password for computer access will be issued to each registered insurer. (c) Filings may be transmitted online via the Internet at: http://fhwa-li.volpe.dot.gov or via American Standard Code Information Interchange (ASCII). All ASCII transmission must be in fixed format, i.e., all records must have the same number of fields and same length. The record layouts for ASCII electronic transactions are described in the following table: Electronic Insurance Filing Transactions -------------------------------------------------------------------------------------------------------------------------------------------------------- Required F = filing C = Field name Number of positions Description cancel B = both Start field End field -------------------------------------------------------------------------------------------------------------------------------------------------------- Record type........................ 1 Numeric.................. 1 = Filing, 2 = B 1 1 Cancellation. Insurer number..................... 8 Text..................... FMCSA Assigned Insurer B 2 9 Number (Home Office) With Suffix (Issuing Office), If Different, e.g., 12345- 01. Filing type........................ 1 Numeric.................. 1 = BI&PD, 2 = Cargo, 3 = B 10 10 Bond, 4 = Trust Fund. FMCSA docket number................ 8 Text..................... FMCSA Assigned MC or FF B 11 18 Number, e.g., MC000045. Insured legal name................. 120 Text................... Legal Name................. B 19 138 Insured d/b/a name................. 60 Text.................... Doing Business As Name If B 139 198 Different From Legal Name. Insured address.................... 35 Text.................... Either street or mailing B 199 233 address. Insured city....................... 30 Text.................... ........................... B 234 263 Insured state...................... 2 Text..................... ........................... B 264 265 Insured zip code................... 9 Numeric.................. (Do not include dash if B 266 274 using 9 digit code). Insured country.................... 2 Text..................... (Will default to U.S.)..... B 275 276 Form code.......................... 10 Text.................... BMC-91, BMC-91X, BMC-34, B 277 286 BMC-35, etc. [[Page 5310]] Full, primary or excess coverage... 1 Text..................... If BMC-91X, P or E = F 287 287 indicator of primary or excess policy; 1 = Full under Sec. 387.303T(b)(1); 2 = Full under Sec. 387.303T(b)(2). Limit of liability................. 5 Numeric.................. $ in Thousands............. F 288 292 Underlying limit of liability...... 5 Numeric.................. $ in Thousands (will F 293 297 default to $000 if Primary). Effective date..................... 8 Text..................... MM/DD/YY Format for both B 298 305 Filing or Cancellation. Policy number...................... 25 Text.................... Surety companies may enter B 306 330 bond number. -------------------------------------------------------------------------------------------------------------------------------------------------------- (d) All registered insurers agree to furnish upon request to the FMCSA a duplicate original of any policy (or policies) and all endorsements, surety bond, trust fund agreement, or other filing. Sec. 387.403 [Suspended] 0 70. Suspend Sec. 387.403. 0 71. Add Sec. 387.403T to read as follows: Sec. 387.403T General requirements. (a) Cargo. A household goods freight forwarder may not operate until it has filed with FMCSA an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, or other securities or agreements, in the amounts prescribed in Sec. 387.405, for loss of or damage to household goods. (b) Public liability. A HHGFF may not perform transfer, collection, and delivery service until it has filed with the FMCSA an appropriate surety bond, certificate of insurance, qualifications as a self- insurer, or other securities or agreements, in the amounts prescribed at Sec. 387.405, conditioned to pay any final judgment recovered against such HHGFF for bodily injury to or the death of any person, or loss of or damage to property (except cargo) of others, or, in the case of freight vehicles described at Sec. 387.303T(b)(2), for environmental restoration, resulting from the negligent operation, maintenance, or use of motor vehicles operated by or under its control in performing such service. (c) Surety bond or trust fund. A freight forwarder must have a surety bond or trust fund in effect. The FMCSA will not issue a freight forwarder license until a surety bond or trust fund for the full limit of liability prescribed in Sec. 387.405 is in effect. The freight forwarder license shall remain valid or effective only as long as a surety bond or trust fund remains in effect and shall ensure the financial responsibility of the freight forwarder. The requirements applicable to property broker surety bonds and trust funds in Sec. 387.307 shall apply to the surety bond or trust fund required by this paragraph (c). Sec. 387.413 [Suspended] 0 72. Suspend Sec. 387.413. 0 73. Add Sec. 387.413T to read as follows: Sec. 387.413T Forms and procedures. (a) Forms. Endorsements for policies of insurance, surety bonds, certificates of insurance, applications to qualify as a self-insurer or for approval of other securities or agreements, and notices of cancellation must be in the form prescribed at subpart C of this part. (b) Procedure. Certificates of insurance, surety bonds, and notices of cancellation must be filed with the FMCSA in triplicate. (c) Names. Certificates of insurance and surety bonds shall be issued in the full name (including any trade name) of the individual, partnership (all partners named), corporation, or other person holding or to be issued the permit. (d) Cancellation. Except as provided in paragraph (e) of this section, certificates of insurance, surety bonds, and other securities and agreements shall not be cancelled or withdrawn until 30 days after the FMCSA receives written notice from the insurance company, surety, freight forwarder, or other party, as the case may be. (e) Termination by replacement. Certificates of insurance or surety bonds may be replaced by other certificates of insurance, surety bonds, or other security, and the liability of the retiring insurer or surety shall be considered as having terminated as of the replacement's effective date, if acceptable to the FMCSA. (f) Termination of Forms BMC-32 and BMC-34 for freight forwarders of property other than household goods. Form BMC-32 endorsements and Form BMC-34 certificates of insurance issued to freight forwarders of property other than household goods that have been accepted by the FMCSA under these rules will expire on March 21, 2011. Sec. 387.419 [Suspended] 0 74. Suspend Sec. 387.419. 0 75. Add Sec. 387.419T to read as follows: Sec. 387.419T Electronic filing of surety bonds, certificates of insurance and cancellations. Insurers may, at their option and in accordance with the requirements and procedures set forth at Sec. 387.323T, file certificates of insurance, surety bonds, and other securities and agreements electronically. PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 0 76. The authority citation for part 390 is revised to read as follows: Authority: 49 U.S.C. 508, 13301, 13902, 13908, 31132, 31133, 31136, 31151, 31502, 31504; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 217, Pub. L. 106-159, 113 Stat. 1748, 1767; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; and 49 CFR 1.87. Sec. 390.3 [Suspended] 0 77. Suspend Sec. 390.3. 0 78. Add Sec. 390.3T to read as follows: Sec. 390.3T General applicability. (a)(1) The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce. (2) The rules in 49 CFR 386.12(e) and 390.6 prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce: (i) To violate certain safety regulations are applicable to all motor carriers, shippers, receivers, and transportation intermediaries; and (ii) To violate certain commercial regulations are applicable to all operators of commercial motor vehicles. [[Page 5311]] (b) The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in Sec. 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons. (c) The rules in part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in Sec. 387.3 or Sec. 387.27 of this subchapter. (d) Additional requirements. Nothing in this subchapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health. (e) Knowledge of and compliance with the regulations. (1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations. (2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter. (3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter. (f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to-- (1) All school bus operations as defined in Sec. 390.5T, except for the provisions of Sec. Sec. 391.15(e) and (f), 392.80, and 392.82 of this chapter. (2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States; (3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise; (4) The transportation of human corpses or sick and injured persons; (5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations; (6) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except that motor carriers and drivers operating such vehicles are required to comply with Sec. Sec. 390.15, 390.19T, 390.21T(a) and (b)(2), 391.15(e) and (f), 392.80 and 392.82 of this chapter. (7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in Sec. 390.5T. (g) Motor carriers that transport hazardous materials in intrastate commerce. The rules in the following provisions of this subchapter apply to motor carriers that transport hazardous materials in intrastate commerce and to the motor vehicles that transport hazardous materials in intrastate commerce: (1) Part 385, subparts A and E, of this chapter for carriers subject to the requirements of Sec. 385.403 of this chapter. (2) Part 386 of this chapter, Rules of practice for motor carrier, broker, freight forwarder, and hazardous materials proceedings. (3) Part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in Sec. 387.3 of this chapter. (4) Section 390.19T, Motor carrier identification report, and Sec. 390.21T, Marking of CMVs, for carriers subject to the requirements of Sec. 385.403 of this chapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from Sec. 390.19T(a)(1). (h) Intermodal equipment providers. On and after December 17, 2009, the rules in the following provisions of this subchapter apply to intermodal equipment providers: (1) Subpart F, Intermodal Equipment Providers, of part 385 of this chapter, Safety Fitness Procedures. (2) Part 386 of this chapter, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings. (3) This part, Federal Motor Carrier Safety Regulations; General, except Sec. 390.15(b) concerning accident registers. (4) Part 393 of this chapter, Parts and Accessories Necessary for Safe Operation. (5) Part 396 of this chapter, Inspection, Repair, and Maintenance. Sec. 390.5 [Suspended] 0 79. Suspend Sec. 390.5. 0 80. Add Sec. 390.5T to read as follows: Sec. 390.5T Definitions. Unless specifically defined elsewhere, in this subchapter: Accident means-- (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. (2) The term accident does not include: (i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (ii) An occurrence involving only the loading or unloading of cargo. Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Bus means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs. Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. Coerce or Coercion means either-- (1) A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require him or her to violate one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 171 through 173, 177 through 180, 380 through 383, or 390 through 399, or Sec. 385.415 or Sec. 385.421T of this chapter, [[Page 5312]] or the actual withholding of business, employment, or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for having refused to engage in such operation of a commercial motor vehicle; or (2) A threat by a motor carrier, or its agents, officers or representatives, to withhold business, employment or work opportunities or to take or permit any adverse employment action against a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require a violation of one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 356, 360, or 365 through 379, or the actual withholding of business, employment or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for refusing to engage in such operation of a commercial motor vehicle. Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle-- (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or prorated. Covered farm vehicle means-- (1) A straight truck or articulated vehicle-- (i) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle; (ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of a an owner or operator of a farm or ranch; (iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and (iv) Not used in for-hire motor carrier operations; however, for- hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement. (2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition: (i) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in Sec. 390.39 anywhere in the United States; or (ii) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than 26,001 pounds may utilize the exemptions in Sec. 390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated. Crash. See accident. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed. Direct compensation means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services. Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. (1) Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven. (2) Exclusions. (i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts. (ii) Tire disablement without other damage even if no spare tire is available. (iii) Headlamp or taillight damage. (iv) Damage to turn signals, horn, or windshield wipers which makes them inoperative. Driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported: (1) Between vehicle manufacturer's facilities; (2) Between a vehicle manufacturer and a dealership or purchaser; (3) Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee; (4) To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in this section) following a crash; or (5) To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or (6) By means of a saddle-mount or tow-bar. Driver means any person who operates any commercial motor vehicle. Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV: Driving a CMV while the person's alcohol concentration is 0.04 or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Table 1 to Sec. 383.51 or Sec. 392.5(a)(2) of this subchapter. Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text. Emergency means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind- driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel) or otherwise immediately threatens human life or public welfare, provided [[Page 5313]] such hurricane, tornado, or other event results in: (1) A declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by the FMCSA Field Administrator for the geographical area in which the occurrence happens; or by other Federal, State or local government officials having authority to declare emergencies; or (2) A request by a police officer for tow trucks to move wrecked or disabled motor vehicles. Emergency condition requiring immediate response means any condition that, if left unattended, is reasonably likely to result in immediate serious bodily harm, death, or substantial damage to property. In the case of transportation of propane winter heating fuel, such conditions shall include (but are not limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of carbon monoxide poisoning, and any real or suspected damage to a propane gas system following a severe storm or flooding. An ``emergency condition requiring immediate response'' does not include requests to refill empty gas tanks. In the case of a pipeline emergency, such conditions include (but are not limited to) indication of an abnormal pressure event, leak, release or rupture. Emergency relief means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency as defined in this section. Employee means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any State, any political subdivision of a State, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment. Employer means any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such terms does not include the United States, any State, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States. Exempt intracity zone means the geographic area of a municipality or the commercial zone of that municipality described in appendix F to this subchapter. The term ``exempt intracity zone'' does not include any municipality or commercial zone in the State of Hawaii. For purposes of Sec. 391.62 of this chapter, a driver may be considered to operate a commercial motor vehicle wholly within an exempt intracity zone notwithstanding any common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone. Exempt motor carrier means a person engaged in transportation exempt from economic regulation by the Federal Motor Carrier Safety Administration (FMCSA) under 49 U.S.C. 13506. ``Exempt motor carriers'' are subject to the safety regulations set forth in this subchapter. Farm vehicle driver means a person who drives only a commercial motor vehicle that is-- (1) Controlled and operated by a farmer as a private motor carrier of property; (2) Being used to transport either-- (i) Agricultural products; or (ii) Farm machinery, farm supplies, or both, to or from a farm; (3) Not being used in the operation of a for-hire motor carrier; (4) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with Sec. 177.823 of this subtitle; and (5) Being used within 150 air-miles of the farmer's farm. Farmer means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which-- (1) Are owned by that person; or (2) Are under the direct control of that person. Fatality means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident. Federal Motor Carrier Safety Administrator means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. For-hire motor carrier means a person engaged in the transportation of goods or passengers for compensation. Gross combination weight rating (GCWR) is the greater of: (1) A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration; or (2) The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value. Exception: The GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle. Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle. Hazardous material means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. Hazardous substance means a material, and its mixtures or solutions, that is identified in the appendix to Sec. 172.101 of this title, List of Hazardous Substances and Reportable Quantities, of this title when offered for transportation in one package, or in one transport motor vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels, or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table in Sec. 171.8 of this title, based on the reportable quantity (RQ) specified for the materials listed in the appendix to Sec. 172.101 of this title. Hazardous waste means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR part 262 or would be subject to these requirements absent an interim authorization to a State under 40 CFR part 123, subpart F. Highway means any road, street, or way, whether on public or private property, open to public travel. ``Open to public travel'' means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four- wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of [[Page 5314]] public toll roads are not considered restrictive gates. Interchange means-- (1) The act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations; or (2) The act of providing a passenger-carrying commercial motor vehicle by one motor carrier of passengers to another such carrier, at a point which both carriers are authorized to serve, with which to continue a through movement. (3) For property-carrying vehicles, see Sec. 376.2 of this subchapter. Intermodal equipment means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis. Intermodal equipment interchange agreement means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment. Intermodal equipment provider means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment. Interstate commerce means trade, traffic, or transportation in the United States-- (1) Between a place in a State and a place outside of such State (including a place outside of the United States); (2) Between two places in a State through another State or a place outside of the United States; or (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ``interstate commerce.'' Lease, as used in Sec. 390.21T(f) and subpart F of this part, means a contract or arrangement in which a motor carrier grants the use of a passenger-carrying commercial motor vehicle to another motor carrier, with or without a driver, for a specified period for the transportation of passengers, in exchange for compensation. The term lease includes an interchange, as defined in this section, or other agreement granting the use of a passenger-carrying commercial motor vehicle for a specified period, with or without a driver, whether or not compensation for such use is specified or required. For a definition of lease in the context of property-carrying vehicles, see Sec. 376.2 of this subchapter. Lessee, as used in subpart F of this part, means the motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier. The term lessee includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle from another motor carrier under an interchange or other agreement, with or without a driver, whether or not compensation for such use is specified. For a definition of lessee in the context of property-carrying vehicles, see Sec. 376.2 of this subchapter. Lessor, as used in subpart F of this part, means the motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without a driver, to another motor carrier. The term lessor includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle to another motor carrier under an interchange or other agreement, with or without a driver, whether or not compensation for such use is specified. For a definition of lessor in the context of property-carrying vehicles, see Sec. 376.2 of this subchapter. Medical examiner means the following: (1) For medical examinations conducted before May 21, 2014, a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic. (2) For medical examinations conducted on and after May 21, 2014, an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part. Medical variance means a driver has received one of the following from FMCSA that allows the driver to be issued a medical certificate: (1) An exemption letter permitting operation of a commercial motor vehicle pursuant to part 381, subpart C, of this chapter or Sec. 391.64 of this chapter; (2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to Sec. 391.49 of this chapter. Mobile telephone means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services. Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of this subchapter, this definition includes the terms employer, and exempt motor carrier. Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. Motor vehicle record means the report of the driving status and history of a driver generated from the driver record, provided to users, such as, drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725. Multiple-employer driver means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier. Operating authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a. Operator. See driver. Other terms. Any other term used in this subchapter is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this subchapter. In that event, the definition therein given shall apply. [[Page 5315]] Out-of-service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria. Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals. Previous employer means any DOT regulated person who employed the driver in the preceding 3 years, including any possible current employer. Principal place of business means the single location designated by the motor carrier, normally its headquarters, for purposes of identification under this subchapter. The motor carrier must make records required by parts 382, 387, 390, 391, 395, 396, and 397 of this subchapter available for inspection at this location within 48 hours (Saturdays, Sundays, and Federal holidays excluded) after a request has been made by a special agent or authorized representative of the Federal Motor Carrier Safety Administration. Private motor carrier means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for- hire motor carrier. Private motor carrier of passengers (business) means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large. Private motor carrier of passengers (nonbusiness) means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business). Radar detector means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements: (1) Transported outside the driver's compartment of the commercial motor vehicle. For this purpose, the driver's compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and (2) Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle. Receiver or consignee means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce. Regional Director of Motor Carriers means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical area of the United States. Residential district means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences. School bus means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting preprimary, primary, or secondary school students to such schools from home or from such schools to home. School bus operation means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home. Secretary means the Secretary of Transportation. Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce. Single-employer driver means a driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis. Special agent. See appendix B to this subchapter--Special agents. State means a State of the United States and the District of Columbia and includes a political subdivision of a State. Texting means manually entering alphanumeric text into, or reading text from, an electronic device. (1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. (2) Texting does not include: (i) Inputting, selecting, or reading information on a global positioning system or navigation system; or (ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or (iii) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this subchapter. Trailer includes: (1) Full trailer means any motor vehicle other than a pole trailer which is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer. (2) Pole trailer means any motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a ``reach'' or ``pole,'' or by being ``boomed'' or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections. (3) Semitrailer means any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self- propelled towing motor vehicle. Transportation intermediary means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders. Truck means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property. Truck tractor means a self-propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles. Use a hand-held mobile telephone means: [[Page 5316]] (1) Using at least one hand to hold a mobile telephone to conduct a voice communication; (2) Dialing or answering a mobile telephone by pressing more than a single button; or (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions. United States means the 50 States and the District of Columbia. Sec. 390.19 [SUSPENDED] 0 81. Suspend Sec. 390.19. 0 82. Add Sec. 390.19T to read as follows: Sec. 390.19T Motor carrier identification reports for certain Mexico- domiciled motor carriers. (a) Applicability. Each motor carrier and intermodal equipment provider must file Form MCS-150, Form MCS-150B or Form MCS-150C with FMCSA as follows: (1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS-150. (2) A motor carrier conducting operations in intrastate commerce and requiring a Safety Permit under 49 CFR part 385, subpart E, must file the Combined Motor Carrier Identification Report and HM Permit Application, Form MCS-150B. (3) Each intermodal equipment provider that offers intermodal equipment for transportation in interstate commerce must file an Intermodal Equipment Provider Identification Report, Form MCS-150C. (b) Filing schedule. Each motor carrier or intermodal equipment provider must file the appropriate form under paragraph (a) of this section at the following times: (1) Before it begins operations; and (2) Every 24 months, according to the following schedule: ------------------------------------------------------------------------ USDOT No. ending in Must file by last day of ------------------------------------------------------------------------ 1....................................... January. 2....................................... February. 3....................................... March. 4....................................... April. 5....................................... May. 6....................................... June. 7....................................... July. 8....................................... August. 9....................................... September. 0....................................... October. ------------------------------------------------------------------------ (3) If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year. (4) A person that fails to complete biennial updates to the information pursuant to paragraph (b)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number. (c) Availability of forms. The forms described under paragraph (a) of this section and complete instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword ``MCS-150,'' or ``MCS- 150B,'' or ``MCS-150C''); from all FMCSA Service Centers and Division offices nationwide; or by calling 1-800-832-5660. (d) Where to file. The required form under paragraph (a) of this section must be filed with the FMCSA Office of Registration and Safety Information. The form may be filed electronically according to the instructions at the Agency's Web site, or it may be sent to Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590. (e) Special instructions for for-hire motor carriers. A for-hire motor carrier should submit the Form MCS-150, or Form MCS-150B, along with its application for operating authority (Form OP-1, OP-1(MX), OP- 1(NNA) or OP-2), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section. (f) Only the legal name or a single trade name of the motor carrier or intermodal equipment provider may be used on the forms under paragraph (a) of this section (Form MCS-150, MCS-150B, or MCS-150C). (g) A motor carrier or intermodal equipment provider that fails to file the form required under paragraph (a) of this section, or furnishes misleading information or makes false statements upon the form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B). (h)(1) Upon receipt and processing of the form described in paragraph (a) of this section, FMCSA will issue the motor carrier or intermodal equipment provider an identification number (USDOT Number). (2) The following applicants must additionally pass a pre- authorization safety audit as described below before being issued a USDOT Number: (i) A Mexico-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must pass the pre-authorization safety audit under Sec. 365.507T of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in Sec. 365.115 of this subchapter or--if a protest is received--after FMCSA denies or rejects the protest. (ii) A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under Sec. 385.607T(c) of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in Sec. 365.115 of this subchapter or--if a protest is received--after FMCSA denies or rejects the protest. (3) The motor carrier must display the number on each self- propelled CMV, as defined in Sec. 390.5T, along with the additional information required by Sec. 390.21T. (4) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT number. (i) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [Public Law 105-178, 112 Stat. 107]) is exempt from the requirements of this section, provided it files all the required information with the appropriate State office. Sec. 390.21 [Suspended] 0 83. Suspend Sec. 390.21. 0 84. Add Sec. 390.21T to read as follows: Sec. 390.21T Marking of self-propelled CMVs and intermodal equipment. (a) General. Every self-propelled CMV subject to this subchapter must be marked as specified in paragraphs (b), (c), and (d) of this section, and each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to this subchapter must be marked as specified in paragraph (g) of this section. [[Page 5317]] (b) Nature of marking. The marking must display the following information: (1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV, as listed on the motor carrier identification report (Form MCS-150) and submitted in accordance with Sec. 390.19T. (2) The identification number issued by FMCSA to the motor carrier or intermodal equipment provider, preceded by the letters ``USDOT.'' (3) If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the information required by paragraphs (b)(1) and (2) of this section, and be preceded by the words ``operated by.'' (4) Other identifying information may be displayed on the vehicle if it is not inconsistent with the information required by this paragraph (b). (c) Size, shape, location, and color of marking. The marking must-- (1) Appear on both sides of the self-propelled CMV; (2) Be in letters that contrast sharply in color with the background on which the letters are placed; (3) Be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and (4) Be kept and maintained in a manner that retains the legibility required by paragraph (c)(3) of this section. (d) Construction and durability. The marking may be painted on the CMV or may consist of a removable device, if that device meets the identification and legibility requirements of paragraph (c) of this section, and such marking must be maintained as required by paragraph (c)(4) of this section. (e) Rented property-carrying commercial motor vehicles. A motor carrier operating a self-propelled property-carrying commercial motor vehicle under a rental agreement having a term not in excess of 30 calendar days meets the requirements of this section if: (1) The CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or (2) The CMV is marked as set forth in paragraphs (e)(2)(i) through (iv) of this section: (i) The legal name or a single trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section. (ii) The lessor's identification number preceded by the letters ``USDOT'' is displayed in accordance with paragraphs (c) and (d) of this section. (iii) The rental agreement entered into by the lessor and the renting motor carrier conspicuously contains the following information: (A) The name and complete physical address of the principal place of business of the renting motor carrier; (B) The identification number issued the renting motor carrier by the FMCSA, preceded by the letters ``USDOT,'' if the motor carrier has been issued such a number. In lieu of the identification number required in this paragraph (e)(2)(iii)(B), the following may be shown in the rental agreement: (1) Information which indicates whether the motor carrier is engaged in ``interstate'' or ``intrastate'' commerce; and (2) Information which indicates whether the renting motor carrier is transporting hazardous materials in the rented CMV; and (C) The sentence: ``This lessor cooperates with all Federal, State, and local law enforcement officials nationwide to provide the identity of customers who operate this rental CMV''. (iv) The rental agreement entered into by the lessor and the renting motor carrier is carried on the rental CMV during the full term of the rental agreement. See the leasing regulations at 49 CFR part 376 for information that should be included in all leasing documents. (f) Leased and interchanged passenger-carrying commercial motor vehicles. A motor carrier operating a leased or interchanged passenger- carrying commercial motor vehicle meets the requirements of this section if: (1) The passenger-carrying CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section, except that marking is required only on the right (curb) side of the vehicle; and (2) The passenger-carrying CMV is marked with a single placard, sign, or other device affixed to the right (curb) side of the vehicle on or near the front passenger door. The placard, sign or device must display the legal name or a single trade name of the motor carrier operating the CMV and the motor carrier's USDOT number, preceded by the words ``Operated by.'' (g) Driveaway services. In driveaway services, a removable device may be affixed on both sides or at the rear of a single driven vehicle. In a combination driveaway operation, the device may be affixed on both sides of any one unit or at the rear of the last unit. The removable device must display the legal name or a single trade name of the motor carrier and the motor carrier's USDOT number. (h) Intermodal equipment. (1) The requirements for marking intermodal equipment apply to each intermodal equipment provider, as defined in Sec. 390.5T, that interchanges or offers for interchange intermodal equipment to a motor carrier. (2) Each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to this subchapter must identify the intermodal equipment provider. (3) The intermodal equipment provider must be identified by its legal name or a single trade name and the identification number issued by FMCSA, preceded by the letters ``USDOT.'' (4) The intermodal equipment must be identified as follows, using any one of the following methods: (i) The identification marking must appear on the curb side of the item of equipment. It must be in letters that contrast sharply in color with the background on which the letters are placed. The letters must be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and be kept and maintained in a manner that retains this legibility; or (ii) The identification marking must appear on a label placed upon the curb side of the item of equipment. The label must be readily visible and legible to an inspection official during daylight hours when the vehicle is stationary. The label must be a color that contrasts sharply with the background on which it is placed, and the letters must also contrast sharply in color with the background of the label. The label must be kept and maintained in a manner that retains this legibility; or (iii) The USDOT number of the intermodal equipment provider must appear on the interchange agreement so that it is clearly identifiable to an inspection official. The interchange agreement must include additional information to identify the specific item of intermodal equipment (such as the Vehicle Identification Number (VIN) and 4- character Standard Carrier Alpha Code (SCAC) code and 6-digit unique identifying number); or (iv) The identification marking must be shown on a document placed in a weathertight compartment affixed to the frame of the item of intermodal equipment. The color of the letters used in the document must contrast sharply in color with the background of the document. The document must include additional information to identify the specific item of intermodal equipment (such as the VIN and 4-character SCAC [[Page 5318]] code and 6-digit unique identifying number). (v) The USDOT number of the intermodal equipment provider is maintained in a database that is available via real-time internet and telephonic access. The database must: (A) Identify the name and USDOT number of the intermodal equipment provider responsible for the intermodal equipment, in response to an inquiry that includes: (i) SCAC plus trailing digits; or (ii) License plate number and State of license; or (iii) VIN of the item of intermodal equipment. (B) Offer read-only access for inquiries on individual items of intermodal equipment, without requiring advance user registration, a password, or a usage fee. Sec. 390.40 [SUSPENDED] 0 85. Suspend Sec. 390.40. 0 86. Add Sec. 390. 40T to read as follows: Sec. 390.40T What responsibilities do intermodal equipment providers have under the Federal Motor Carrier Safety Regulations (49 CFR parts 350 through 399)? An intermodal equipment provider must-- (a) Identify its operations to the FMCSA by filing the Form MCS- 150C required by Sec. 390.19T. (b) Mark its intermodal equipment with the USDOT number as required by Sec. 390.21T before tendering the equipment to a motor carrier. (c) Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, in a manner consistent with Sec. 396.3(a)(1) of this chapter, as applicable, all intermodal equipment intended for interchange with a motor carrier. (d) Provide intermodal equipment intended for interchange that is in safe and proper operating condition. (e) Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider as required by Sec. 396.11 of this chapter. (f) Maintain a system of inspection, repair, and maintenance records as required by Sec. 396.3(b)(3) of this chapter for equipment intended for interchange with a motor carrier. (g) Periodically inspect equipment intended for interchange, as required under Sec. 396.17 of this chapter. (h) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment. (i) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies. (j) Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in Sec. 386.72(b)(3) of this chapter. Subpart E--[SUSPENDED] 0 87. Suspend subpart E, consisting of Sec. Sec. 390.201 through 390.209. 0 88. Add a new subpart E, consisting of Sec. 390.200T, to read as follows: Subpart E--URS Online Application Sec. 390.200T USDOT Registration. (a) Purpose. This section establishes who must register with FMCSA using the Form MCSA-1, the URS online application, beginning January 14, 2017. (b) Applicability. Notwithstanding any other provisions of this part or 49 CFR 385.305T(b)(2), a new applicant private motor carrier or new applicant exempt for-hire motor carrier subject to the requirements of this subchapter must file Form MCSA-1 with FMCSA to identify its operations with the Federal Motor Carrier Safety Administration for safety oversight. Form MCSA-1 is the URS online application, and both the application and its instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov/urs. (c) Definition. For purposes of this section, a ``new applicant'' is an entity applying for operating authority registration and a USDOT number who does not at the time of application have an active registration or USDOT, Motor Carrier (MC), Mexican owned or controlled (MX), or Freight Forwarder (FF) number, and who has never had an active registration or USDOT, MC, MX, or FF number. Issued under authority delegated under 49 CFR 1.87 on: December 23, 2016. T.F. Scott Darling III, Administrator. [FR Doc. 2016-31706 Filed 1-13-17; 8:45 am] BILLING CODE 4910-EX-P
![5292 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION Preamble Table of Contents B. Privacy Act
I. Public Participation All comments received are posted
Federal Motor Carrier Safety
A. Viewing Comments and Documents without change to http://
Administration B. Privacy Act www.regulations.gov. Anyone is able to
II. Acronyms and Abbreviations
49 CFR Parts 360, 365, 366, 368, 385, search the electronic form for all
III. Executive Summary
387, and 390 IV. Background
comments received into any of our
A. Legal Authority dockets by the name of the individual
[Docket No. FMCSA–1997–2349] B. Regulatory History submitting the comment (or signing the
V. Section-by-Section Analysis comment, if submitted on behalf of an
RIN 2126–AC00 A. Part 360, Fees for Motor Carrier association, business, labor union, or
Registration and Insurance other organization). You may review
Unified Registration System; B. Part 365, Rules Governing Applications DOT’s complete Privacy Act Statement
Suspension of Effectiveness for Operating Authority in the Federal Register published on
C. Part 366, Designation of Process Agent January 17, 2008 (73 FR 3316), or you
AGENCY: Federal Motor Carrier Safety D. Part 368, Application for a Certificate of may visit http://edocket.access.gpo.gov/
Administration (FMCSA), DOT. Registration to Operate in Municipalities 2008/pdf/E-785.pdf.
ACTION: Final rule; suspension of in the United States on the United
States-Mexico International Border or II. Acronyms and Abbreviations
effective date and temporary final rule.
within the Commercial Zones of Such APA Administrative Procedure Act
SUMMARY: The FMCSA suspends its Municipalities ANPRM Advance Notice of Proposed
regulations requiring existing interstate E. Part 385, Safety Fitness Procedures Rulemaking
motor carriers, freight forwarders, F. Part 387, Minimum Levels of Financial ASCII American Standard Code Information
brokers, intermodal equipment Responsibility for Motor Carriers Interchange
G. Part 390, Federal Motor Carrier Safety BI&PD Bodily Injury & Property Damage
providers (IEPs), hazardous materials
Regulations, General CAA Clean Air Act
safety permit (HMSP) applicants, and H. Part 392, Driving of Commercial Motor CE Categorical Exclusion
cargo tank facilities under FMCSA Vehicles CFR Code of Federal Regulations
jurisdiction to submit required VI. Rulemaking Analyses and Notices CMV Commercial motor vehicle
registration and biennial update A. Executive Order 12866 and Executive USDOT/DOT U.S. Department of
information to the Agency via a new Order 13563 Transportation
electronic on-line Unified Registration B. Regulatory Flexibility Act EMAIL Electronic Mail
System (URS). During this suspension, C. Unfunded Mandates Reform Act of 1995 E.O. Executive Order
entities needing to file will follow the D. National Environmental Policy Act FMCSA Federal Motor Carrier Safety
same procedures and forms used to E. Paperwork Reduction Act Administration
submit information to FMCSA as they F. Executive Order 12630 (Taking of FF Freight Forwarder
Private Property) FMVSS Federal Motor Vehicle Safety
do today. Standard
G. Executive Order 12988 (Civil Justice
DATES: Effective Dates: This rule is HHGFF Household Goods Freight
Reform)
effective January 14, 2017. H. Executive Order 13045 (Protection of Forwarder
Comment Dates: Petitions for Children) ICCTA ICC Termination Act of 1995
reconsideration must be received by I. Executive Order 13132 (Federalism) IEP Intermodal Equipment Provider
February 16, 2017. GCWR Gross Combination Weight Rating
J. Executive Order 12372
GVW Gross Vehicle Weight
ADDRESSES: Petitions for reconsideration (Intergovernmental Review)
GVWR Gross Vehicle Weight Rating
must be submitted to: Administrator, K. Executive Order 13211 (Energy Supply,
HMSP Hazardous Materials Safety Permit
Federal Motor Carrier Safety Distribution, or Use) HMR Hazardous Material Regulations, 49
Administration, 1200 New Jersey L. Privacy Impact Analysis CFR parts 100 through 185
Avenue SE., Washington, DC 20590– I. Public Participation MC Motor Carrier
0001. MC–ECI Office of Enforcement and
All background documents, A. Viewing Comments and Documents Compliance, Insurance Compliance
comments, and materials related to this Division
To view comments, as well as MCMIS Motor Carrier Management
rule may be viewed in docket number documents identified in this preamble Information System
FMCSA–1997–2349 using either of the as available in the docket, go to http:// MC–RI Office of Information Technology
following methods: www.regulations.gov and click on the MC–RIS Office of Data Analysis and
• Federal eRulemaking Portal: http:// ‘‘Read Comments’’ box in the upper Information Systems
www.regulations.gov. right hand side of the screen. Then, in MC–RS Office of Registration and Safety
• Docket Management Facility (M– the ‘‘Keyword’’ box, insert ‘‘FMCSA–
Information
30), U.S. Department of Transportation, MX Mexico Owned or Controlled
1997–2349’’ and click ‘‘Search.’’ Next, NEPA National Environmental Policy Act
West Building Ground Floor, Room click ‘‘Open Docket Folder’’ in the
W12–140, 1200 New Jersey Avenue SE., of 1969
‘‘Actions’’ column. Finally, in the NNA Non-North America-Domiciled Motor
Washington, DC 20590–0001. ‘‘Title’’ column, click on the document Carrier
FOR FURTHER INFORMATION CONTACT: Mr. you would like to review. If you do not NPRM Notice of Proposed Rulemaking
Kenneth Riddle, 1200 New Jersey have access to the Internet, you may OMB Office of Management and Budget
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Avenue SE., Washington, DC 20590– view the docket online by visiting the PHMSA Pipeline and Hazardous Materials
0001, by telephone at (202) 366–9616 or Docket Management Facility in Room Safety Administration
via email at kenneth.riddle@dot.gov. PIA Privacy Impact Assessment
W12–140 on the ground floor of the PII Personally Identifiable Information
Office hours are from 8:00 a.m. to 4:30 DOT West Building, 1200 New Jersey PRISM Performance and Registration
p.m. ET, Monday through Friday, except Avenue SE., Washington, DC 20590, Information Systems Management
Federal holidays. between 9 a.m. and 5 p.m., ET, Monday RFA Regulatory Flexibility Act
SUPPLEMENTARY INFORMATION: through Friday, except Federal holidays. RQ Reportable Quantity
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this rule includes no extraordinary Actions and Interference with Distribution, or Use,’’ and has
circumstances that will have any effect Constitutionally Protected Property determined that this is not a significant
on the quality of the human Rights. energy action within the meaning of
environment. Thus, this rule does not section 4(b) of the Executive Order. This
G. Executive Order 12988 (Civil Justice
require an environmental assessment or final rule is not economically
Reform) significant, and will not have a
an environmental impact statement.
FMCSA also has analyzed this rule This final rule meets applicable significant adverse effect on the supply,
under the Clean Air Act, as amended standards in sections 3(a) and 3(b)(2) of distribution, or use of energy.
(CAA), section 176(c) (42 U.S.C. 7401 et Executive Order 12988, Civil Justice
Reform, to minimize litigation, L. Privacy Impact Analysis
seq.), and implementing regulations
promulgated by the Environmental eliminate ambiguity, and reduce The FMCSA conducted a privacy
Protection Agency. Approval of this burden. impact assessment (PIA) of the August
action is exempt from the CAA’s general 23, 2013, final rule as required by
H. Executive Order 13045 (Protection of section 522(a)(5) of division H of the FY
conformity requirement because it Children)
involves policy development and 2005 Omnibus Appropriations Act,
rulemaking activities regarding Executive Order 13045, ‘‘Protection of Public Law 108–447, 118 Stat. 3268
registration of regulated entities with Children from Environmental Health (Dec. 8, 2004) [set out as a note to 5
FMCSA for commercial, safety and Risks and Safety Risks’’ (April 23, 1997, U.S.C. 552a]. The assessment
financial responsibility purposes. See 40 62 FR 19885), requires that agencies considered any impacts of the final rule
CFR 93.153(c)(2)(vi). The changes issuing economically significant rules, on the privacy of information in an
would not result in any emissions which also concern an environmental identifiable form and related matters.
increases, nor will they have any health or safety risk that an Agency has FMCSA determined that the August 23,
potential to result in emissions that are reason to believe may 2013, final rule will impact the handling
above the general conformity rule’s de disproportionately affect children, must of personally identifiable information
minimis emission threshold levels. include an evaluation of the (PII). FMCSA also determined the risks
Moreover, it is reasonably foreseeable environmental health and safety effects and effects the rulemaking might have
that the actions will not increase total of the regulation on children. Section 5 on collecting, storing, and sharing PII
CMV mileage or change the routing of of Executive Order 13045 directs an and examined and evaluated protections
CMVs, how CMVs operate, or the CMV Agency to submit for a covered and alternative information handling
fleet-mix of motor carriers. regulatory action an evaluation of its processes in order to mitigate potential
environmental health or safety effects privacy risks. This final rule makes no
E. Paperwork Reduction Act 12 on children. This final rule is not an changes to the information being
Under the Paperwork Reduction Act economically significant rule and will collected, or to the manner that it is
of 1995 (PRA) (44 U.S.C. 3501–3520), a not create an environmental risk to stored and shared. FMCSA believes that
Federal Agency must obtain approval health or risk to safety that might the PIA for the August 23, 2013, final
from OMB for each collection of disproportionately affect children. rule adequately covers this action; that
information it conducts, sponsors, or PIA remains available for review in the
I. Executive Order 13132 (Federalism)
requires through regulations. The docket for this final rule.
FMCSA analyzed the August 23, 2013, This rule has been analyzed in
accordance with the principles and List of Subjects
final rule and determined that its
implementation would streamline the criteria in Executive Order 13132, dated 49 CFR Part 360
information collection burden on motor August 4, 1999 (64 FR 43255, August
Administrative practice and
carriers and other regulated entities, 10, 1999). The FMCSA consulted with
procedure, Brokers, Buses, Freight
relative to the baseline, or current State licensing agencies participating in
forwarders, Hazardous materials
paperwork collection processes. This its PRISM Program to discuss
transportation, Highway safety,
included streamlining the FMCSA anticipated impacts of the May 2005
Insurance, Motor carriers, Motor vehicle
registration, insurance, and designation NPRM upon their operations. The
safety, Moving of household goods,
of process agent filing processes and Agency has taken into consideration
Penalties, Reporting and recordkeeping
implementing mandatory electronic their comments in its decision-making
requirements, Surety bonds.
online filing of these applications, as process for this rule. Thus, FMCSA has
well as eliminating some outdated filing determined that this rule will not have 49 CFR Part 365
requirements. A full analysis of the significant Federalism implications or Administrative practice and
impacted collections of information, limit the policymaking discretion of the procedure, Brokers, Buses, Freight
both existing and new, can be found in States. forwarders, Motor carriers, Moving of
that final rule,13 a copy of which is in J. Executive Order 12372 household goods.
the docket for this final rule. This final (Intergovernmental Review) 49 CFR Part 366
rule makes no changes to the collections
described in that final rule. The regulations implementing Brokers, Motor carriers, Freight
Executive Order 12372 regarding forwarders, Process agents.
F. Executive Order 12630 (Taking of intergovernmental consultation on
Private Property) Federal programs and activities do not 49 CFR Part 368
apply to this final rule. Administrative practice and
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This final rule will not result in a
taking of private property or otherwise procedure, Insurance, Motor carriers.
K. Executive Order 13211 (Energy
have taking implications under Supply, Distribution, or Use) 49 CFR Part 385
Executive Order 12630, Governmental
FMCSA has analyzed this rule under Administrative practice and
12 The calculations presented in this section may Executive Order 13211, ‘‘Actions procedure, Highway safety, Motor
be subject to rounding errors. Concerning Regulations That carriers, Motor vehicle safety, Reporting
13 See 78 FR 52608, 52642. Significantly Affect Energy Supply, and recordkeeping requirements.
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49 CFR Part 387 generated output with a minimum a check payable in United States
Buses, Freight, Freight forwarders, charge of $.25. A charge of $30 per reel currency drawn upon funds deposited
Hazardous materials transportation, of magnetic tape will be made if the tape in a United States or foreign bank or
Highway safety, Insurance, is to be permanently retained by the other financial institution, money order
Intergovernmental relations, Motor requestor. payable in United States’ currency, or
carriers, Motor vehicle safety, Moving of ■ 4. Add § 360.3T to read as follows: credit card (VISA or MASTERCARD).
household goods, Penalties, Reporting (b) Any filing that is not accompanied
§ 360.3T Filing fees. by the appropriate filing fee is deficient
and recordkeeping requirements, Surety
(a) Manner of payment. (1) Except for except for filings that satisfy the
bonds.
the insurance fees described in the next deferred payment procedures in
49 CFR Part 390 sentence, all filing fees will be payable paragraph (a) of this section.
Highway safety, Intermodal at the time and place the application, (c) Fees not refundable. Fees will be
transportation, Motor carriers, Motor petition, or other document is tendered assessed for every filing in the type of
vehicle safety, Reporting and for filing. The service fee for insurance, proceeding listed in the schedule of fees
recordkeeping requirements. surety or self-insurer accepted contained in paragraph (f) of this
certificate of insurance, surety bond or section, subject to the exceptions
In consideration of the foregoing, other instrument submitted in lieu of a contained in paragraphs (d) and (e) of
FMCSA amends 49 CFR chapter III as broker surety bond must be charged to this section. After the application,
set forth below: an insurance service account petition, or other document has been
PART 360—FEES FOR MOTOR established by the Federal Motor Carrier accepted for filing by the Federal Motor
CARRIER REGISTRATION AND Safety Administration in accordance Carrier Safety Administration, the filing
INSURANCE with paragraph (a)(2) of this section. fee will not be refunded, regardless of
(2) Billing account procedure. A whether the application, petition, or
■ 1. The authority citation for part 360 written request must be submitted to the other document is granted or approved,
is revised to read as follows: Office of Enforcement and Compliance, denied, rejected before docketing,
Insurance Compliance Division (MC– dismissed, or withdrawn.
Authority: 31 U.S.C. 9701; 49 U.S.C. ECI) to establish an insurance service
13908; and 49 CFR 1.87. (d) Related or consolidated
fee account. proceedings. (1) Separate fees need not
§§ 360.1 through 360.5 [Suspended] (i) Each account will have a specific be paid for related applications filed by
billing date within each month and a the same applicant which would be the
■ 2. Suspend §§ 360.1 through 360.5. billing cycle. The billing date is the date
■ 3. Add § 360.1T to read as follows: subject of one proceeding. (This does
that the bill is prepared and printed. not mean requests for multiple types of
§ 360.1T Fees for registration-related The billing cycle is the period between operating authority filed on forms in the
services. the billing date in one month and the OP–1 series under the regulations at 49
billing date in the next month. A bill for CFR part 365. A separate filing fee is
Certifications and copies of public
each account which has activity or an required for each type of authority
records and documents on file with the
unpaid balance during the billing cycle sought in each transportation mode, e.g.,
Federal Motor Carrier Safety
will be sent on the billing date each common, contract, and broker authority
Administration will be furnished on the
month. Payment will be due 20 days for motor property carriers.)
following basis, pursuant to the
from the billing date. Payments received (2) Separate fees will be assessed for
Freedom of Information Act regulations
before the next billing date are applied the filing of temporary operating
at 49 CFR part 7:
to the account. Interest will accrue in authority applications as provided in
(a) Certificate of the Director, Office of
accordance with 4 CFR 102.13. paragraph (f)(6) of this section,
Data Analysis and Information Systems, (ii) The Debt Collection Act of 1982,
as to the authenticity of documents, regardless of whether such applications
including disclosure to the consumer
$9.00; are related to an application for
reporting agencies and the use of
(b) Service involved in checking corresponding permanent operating
collection agencies, as set forth in 4 CFR
records to be certified to determine authority.
102.5 and 102.6 will be utilized to
authenticity, including clerical work, (3) The Federal Motor Carrier Safety
encourage payment where appropriate.
etc., incidental thereto, at the rate of (iii) An account holder who files a Administration may reject concurrently
$16.00 per hour; petition in bankruptcy or who is the filed applications, petitions, or other
(c) Copies of the public documents, at subject of a bankruptcy proceeding must documents asserted to be related and
the rate of $.80 per letter size or legal provide the following information to the refund the filing fee if, in its judgment,
size exposure. A minimum charge of Office of Enforcement and Compliance, they embrace two or more severable
$5.00 will be made for this service; and Insurance Division (MC–ECI): matters which should be the subject of
(d) Search and copying services (A) The filing date of the bankruptcy separate proceedings.
requiring ADP processing, as follows: petition; (e) Waiver or reduction of filing fees.
(1) A fee of $42.00 per hour for (B) The court in which the bankruptcy It is the general policy of the Federal
professional staff time will be charged petition was filed; Motor Carrier Safety Administration not
when it is required to fulfill a request (C) The type of bankruptcy to waive or reduce filing fees except as
for ADP data. proceeding; described as follows:
(2) The fee for computer searches will (D) The name, address, and telephone (1) Filing fees are waived for an
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be set at the current rate for computer number of its representative in the application or other proceeding which
service. Information on those charges bankruptcy proceeding; and is filed by a Federal government agency,
can be obtained from the Office of Data (E) The name, address, and telephone or a State or local government entity.
Analysis and Information Systems (MC– number of the bankruptcy trustee, if one For purposes of this section the phrases
RIS). has been appointed. ‘‘Federal government agency’’ or
(3) Printing shall be charged at the (3) Fees will be payable to the Federal ‘‘government entity’’ do not include a
rate of $.10 per page of computer Motor Carrier Safety Administration by quasi-governmental corporation or
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government subsidized transportation Motor Carrier Safety Administration the payment of the fee would impose an
company. applicant may request a waiver or undue hardship upon the requestor.
(2) In extraordinary situations the reduction of the fee prescribed in this (iii) Federal Motor Carrier Safety
Federal Motor Carrier Safety part. Such request should be addressed Administration action. The Director,
Administration will accept requests for to the Director, Office of Data Analysis Office of Data Analysis and Information
waivers or fee reductions in accordance and Information Systems. Systems, will notify the applicant of the
with the following procedure: (ii) Basis. The applicant must show decision to grant or deny the request for
(i) When to request. At the time that the waiver or reduction of the fee is in waiver or reduction.
a filing is submitted to the Federal the best interest of the public, or that (f) Schedule of filing fees.
Type of proceeding Fee
Part I: Licensing:
(1) ........................... An application for motor carrier operating authority, a certificate of $300.
registration for certain foreign carriers, property broker authority, or
freight forwarder authority.
(2) ........................... A petition to interpret or clarify an operating authority ......................... 3,000.
(3) ........................... A request seeking the modification of operating authority only to the 50.
extent of making a ministerial correction, when the original error
was caused by applicant, a change in the name of the shipper or
owner of a plant site, or the change of a highway name or number.
(4) ........................... A petition to renew authority to transport explosives ............................ 250.
(5) ........................... An application for authority to deviate from authorized regular-route 150.
authority.
(6) ........................... An application for motor carrier temporary authority issued in an 100.
emergency situation.
(7) ........................... Request for name change of a motor carrier, property broker, or 14.
freight forwarder.
(8) ........................... An application involving the merger, transfer, or lease of the oper- 300.
ating rights of motor passenger and property carriers, property bro-
kers, and household goods freight forwarders under 49 U.S.C.
10321 and 10926.
(9)–(49) .................. [Reserved] .............................................................................................
Part II: Insurance:
(50) ......................... (i) An application for original qualification as self-insurer for bodily in- 4,200.
jury and property damage insurance (BI&PD).
(ii) An application for original qualification as self-insurer for cargo in- 420.
surance.
(51) ......................... A service fee for insurer, surety, or self-insurer accepted certificate of $10 per accepted certificate, surety bond or
insurance, surety bond, and other instrument submitted in lieu of a other instrument submitted in lieu of a
broker surety bond. broker surety bond.
(52) ......................... A petition for reinstatement of revoked operating authority .................. 80.
(53)–(79) ................ [Reserved] .............................................................................................
Part III: Services:
(80) ......................... Request for service or pleading list for proceedings ............................ 13 per list.
(81) ......................... Faxed copies of operating authority to applicants or their representa- 5.
tives who did not receive a served copy.
(g) Returned check policy. (1) If a cashier’s check, money order, or credit costs by percentage changes in average
check submitted to the FMCSA for a card. wages and salaries of FMCSA
filing or service fee is dishonored by a ■ 5. Add § 360.5T to read as follows: employees. Base level direct labor costs
bank or financial institution on which it are direct labor costs determined by the
is drawn, the FMCSA will notify the § 360.5T Updating user fees. cost study in Regulations Governing
person who submitted the check that: (a) Update. Each fee established in Fees For Service, 1 I.C.C. 2d 60 (1984),
(i) All work will be suspended on the this part may be updated in accordance or subsequent cost studies. The base
filing or proceeding, until the check is with this section as deemed necessary period for measuring changes shall be
made good; by the FMCSA. April 1984 or the year of the last cost
(ii) A returned check charge of $6.00 (b) Publication and effective dates. study.
and any bank charges incurred by the Updated fees shall be published in the (2) Operations overhead shall be
FMCSA as a result of the dishonored Federal Register and shall become developed each year on the basis of
check must be submitted with the filing effective 30 days after publication. current relationships existing on a
fee which is outstanding; and (c) Payment of fees. Any person weighted basis, for indirect labor
(iii) If payment is not made within the submitting a filing for which a fee is applicable to the first supervisory work
time specified by the FMCSA, the established shall pay the fee in effect at centers directly associated with user fee
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proceeding will be dismissed or the the time of the filing. activity. Actual updating of operations
filing may be rejected. (d) Method of updating fees. Each fee overhead will be accomplished by
(2) If a person repeatedly submits shall be updated by updating the cost applying the current percentage factor to
dishonored checks to the FMCSA for components comprising the fee. Cost updated direct labor, including current
filing fees, the FMCSA may notify the components shall be updated as follows: governmental overhead costs.
person that all future filing fees must be (1) Direct labor costs shall be updated (3)(i) Office general and
submitted in the form of a certified or by multiplying base level direct labor administrative costs shall be developed
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each year on the basis of current levels (b) Applications for permits to operate the United States; and effective
costs, i.e., dividing actual office general as a freight forwarder. December 16, 2009.
and administrative costs for the current (c) [Reserved] (2) Form OP–1(NNA) must be filed by
fiscal year by total office costs for the (d) Applications for licenses to a non-North America-domiciled motor
office directly associated with user fee operate as a broker of motor vehicle property, including household goods,
activity. Actual updating of office transportation. carrier or a motor passenger carrier
general and administrative costs will be (e) Applications for certificates under requesting authority to operate within
accomplished by applying the current 49 U.S.C. 13902(b)(3) to operate as a the United States. A separate filing fee
percentage factor to updated direct motor carrier of passengers in intrastate in the amount set forth at 49 CFR
labor, including current governmental commerce over regular routes if such 360.3T(f)(1) is required for each type of
overhead and current operations intrastate transportation is to be authority sought.
overhead costs. provided on a route over which the (b) Obtain forms at a FMCSA Division
(ii) FMCSA general and carrier provides interstate transportation Office in each State or at one of the
administrative costs shall be developed of passengers. FMCSA Service Centers. Addresses and
each year on the basis of current level (f) [Reserved] phone numbers for the Division Offices
costs; i.e., dividing actual FMCSA (g) Applications for temporary motor and Service Centers can be found at:
general and administrative costs for the carrier authority. https://www.fmcsa.dot.gov/mission/
current fiscal year by total agency (h) Applications for Mexico- field-offices. The forms and information
expenses for the current fiscal year. domiciled motor carriers to operate in about filing procedures can be
Actual updating of FMCSA general and foreign commerce as common, contract downloaded at: https://
administrative costs will be or private motor carriers of property www.fmcsa.dot.gov/registration/
accomplished by applying the current (including exempt items) between registration-forms.
percentage factor to updated direct Mexico and all points in the United ■ 11. Add § 365.106T to read as follows:
labor, including current governmental States. Under NAFTA Annex I, page
overhead, operations overhead and I–U–20, a Mexico-domiciled motor § 365.106T Starting the application
office general and administrative costs. carrier may not provide point-to-point process: URS online application.
(4) Publication costs shall be adjusted transportation services, including (a) Notwithstanding § 365.105T, new
on the basis of known changes in the express delivery services, within the applicants as defined in paragraph (b) of
costs applicable to publication of United States for goods other than this section must apply for a USDOT
material in the Federal Register or international cargo. number and if applicable, operating
FMCSA Register. (This rounding (i) Applications for non-North authority by electronically filing Form
procedures excludes copying, printing America-domiciled motor carriers to MCSA–1, the URS online application, to
and search fees.) operate in foreign commerce as for-hire request authority pursuant to 49 U.S.C.
(e) Rounding of updated fees. motor carriers of property and 13902, 13903, or 13904 to operate as a:
Updated fees shall be rounded in the passengers within the United States. (1) Motor carrier of property (not
following manner: (j) The rules in this part do not apply household goods), property (household
(1) Fees between $1 and $30 will be to ‘‘pipeline welding trucks’’ as defined goods) or passengers;
rounded to the nearest $1; in 49 CFR 390.38(b). (2) Broker of general commodities or
(2) Fees between $30 and $100 will be ■ 9. Add § 365.103T to read as follows: household goods; or
rounded to the nearest $10; (3) Freight forwarder of general
(3) Fees between $100 and $999 will § 365.103T Modified procedure. commodities or household goods.
be rounded to the nearest $50; and The FMCSA will handle licensing (b) For purposes of this section, a
(4) Fees above $1,000 will be rounded application proceedings using the ‘‘new applicant’’ is an entity applying
to the nearest $100. modified procedure, if possible. The for a USDOT number and if applicable,
applicant and protestants send operating authority who does not at the
PART 365—RULES GOVERNING statements made under oath (verified time of application have an active
APPLICATIONS FOR OPERATING statements) to each other and to the registration or USDOT, Motor Carrier
AUTHORITY FMCSA. There are no personal (MC), Mexico owned or controlled (MX)
■ 6. The authority citation for part 365 appearances or formal hearings. or Freight Forwarder (FF) number, and
is revised to read as follows: ■ 10. Add § 365.105T to read as follows: who has never had an active registration
or USDOT, MC, MX, or FF number.
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. § 365.105T Starting the application (c) Form MCSA–1 is the URS online
13101, 13301, 13901–13906, 13908, 14708, process: Form OP–1.
31133, 31138, and 31144; 49 CFR 1.87.
application, and both the application
(a)(1) Each applicant must file the and its instructions are available from
§§ 365.101 through 365.109— appropriate form in the OP–1 series. the FMCSA Web site at http://
[SUSPENDED] Form OP–1 must be filed when www.fmcsa.dot.gov/urs.
■ 7. Suspend §§ 365.101 through requesting authority to operate as a ■ 12. Add § 365.107T to read as follows:
365.109. motor property carrier, a broker of
general freight, or a broker of household § 365.107T Types of applications.
■ 8. Add § 365.101T to read as follows:
goods; Form OP–1(P) must be filed (a) Fitness applications. Motor
§ 365.101T Applications governed by when requesting authority to operate as property applications and certain types
these rules. a motor passenger carrier; Form OP– of motor passenger applications require
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These rules govern the handling of 1(FF) must be filed when requesting only the finding that the applicant is fit,
applications for operating authority of authority to operate as a freight willing and able to perform the involved
the following type: forwarder; Form OP–1(MX) must be operations and to comply with all
(a) Applications for certificates and filed by a Mexico-domiciled motor applicable statutory and regulatory
permits to operate as a motor common property, including household goods, provisions. These applications can be
or contract carrier of property or carrier, or a motor passenger carrier opposed only on the grounds that
passengers. requesting authority to operate within applicant is not fit [e.g., is not in
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compliance with applicable financial § 365.109T FMCSA review of the appeal must be filed at the FMCSA
responsibility and safety fitness application. within 10 days of the date of the letter
requirements]. These applications are: (a) FMCSA staff will review the of rejection.
(1) Motor common and contract application for correctness, (b) If the appeal is successful and the
carrier of property (except household completeness, and adequacy of the filing is found to be proper, the
goods), Mexican motor property carriers evidence (the prima facie case). application shall be deemed to have
that perform private carriage and (1) Minor errors will be corrected been properly filed as of the decision
transport exempt items, and motor without notification to the applicant. date of the appeal.
contract carrier of passengers (2) Materially incomplete applications
will be rejected. Applications that are in § 365.119 [SUSPENDED]
transportation.
(2) Motor carrier brokerage of general substantial compliance with these rules ■ 16. Suspend § 365.119.
commodities (except household goods). may be accepted. ■ 17. Add § 365.119T to read as follows:
(3) Certain types of motor passenger (3) All motor carrier applications will
applications as described in Form OP– be reviewed for consistency with the § 365.119T Opposed applications.
1 (P). FMCSA’s operational safety fitness If the application is opposed,
(b) Motor passenger ‘‘public interest’’ policy. Applicants with opposing parties are required to send a
applications as described in Form OP– ‘‘Unsatisfactory’’ safety fitness ratings copy of their protest to the applicant.
1 (P). from DOT will have their applications §§ 365.201 and 365.203 [SUSPENDED]
(c) Intrastate motor passenger rejected.
applications under 49 U.S.C. (4) FMCSA staff will review ■ 18. Suspend §§ 365.201 and 365.203.
13902(b)(3) as described in Form OP–1, completed applications that conform ■ 19. Add § 365.201T to read as follows:
Schedule B. with the FMCSA’s safety fitness policy
(d) Motor common carrier of § 365.201T Definitions.
and that are accompanied by evidence
household goods applications, of adequate financial responsibility. A person wishing to oppose a request
including Mexican carrier applicants. (5) Financial responsibility is for permanent authority files a protest.
These applications require a finding indicated by filing within 20 days from A person filing a valid protest becomes
that: the date an application notice is a protestant.
(1) The applicant is fit, willing, and published in the FMCSA Register: ■ 20. Add § 365.203T to read as follows:
able to provide the involved (i) Form BMC–91 or 91X or BMC 82 § 365.203T Time for filing.
transportation and to comply with all surety bond—Bodily injury and
applicable statutory and regulatory A protest shall be filed (received at
property damage (motor property and
provisions; and the FMCSA) within 10 days after notice
passenger carriers; household goods
(2) The service proposed will serve a of the application appears in the FMCSA
freight forwarders that provide pickup
useful public purpose, responsive to a Register. A copy of the protest shall be
or delivery service directly or by using
public demand or need. sent to applicant’s representative at the
a local delivery service under their
(e) Motor contract carrier of same time. Failure timely to file a
control).
household goods, household goods (ii) Form BMC–84—Surety bond or protest waives further participation in
property broker, and freight forwarder Form BMC–85—trust fund agreement the proceeding.
applications. These applications require (property brokers of general § 365.301 [SUSPENDED]
a finding that: commodities and household goods).
(1) The applicant is fit, willing, and ■ 21. Suspend § 365.301.
(iii) Form BMC 34 or BMC 83 surety
able to provide the involved bond—Cargo liability (household goods ■ 22. Add § 365.301T to read as follows:
transportation and to comply with all motor carriers and household goods § 365.301T Applicable rules.
applicable statutory and regulatory freight forwarders).
provisions; and Generally, all application proceedings
(6) Applicants also must submit Form are governed by the FMCSA’s Rules of
(2) The transportation to be provided BOC–3—designation of legal process
will be consistent with the public Practice at part 386 of this chapter
agents—within 20 days from the date an except as designated below.
interest and the national transportation application notice is published in the
policy of 49 U.S.C. 13101. FMCSA Register. Subpart D—[SUSPENDED]
(f) Temporary authority (TA) for (7) Applicants seeking to conduct
motor and water carriers. These operations for which tariffs are required ■ 23. Suspend subpart D, consisting of
applications require a finding that there may not commence such operations §§ 365.401 through 365.413.
is or soon will be an immediate until tariffs are in effect. ■ 24. Add new subpart D, consisting of
transportation need that cannot be met (8) All applications must be §§ 365.401T through 365.413T, to read
by existing carrier service. completed in English. as follows:
(g) In view of the expedited time (b) A summary of the application will
frames established in this part for be published as a preliminary grant of Subpart D—Transfer of Operating
processing requests for permanent authority in the FMCSA Register to give Rights Under 49 U.S.C. 10926
authority, applications for TA will be notice to the public in case anyone
entertained only in exceptional wishes to oppose the application. Sec.
circumstances (i.e., natural disasters or 365.401T Scope of rules.
national emergencies) when evidence of § 365.111 [SUSPENDED] 365.403T Definitions.
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immediate service need can be 365.405T Applications.
■ 14. Suspend § 365.111.
specifically documented in a narrative 365.407T Notice.
■ 15. Add § 365.111T to read as follows: 365.409T FMCSA action and criteria for
supplement appended to Form OP–1 for
approval.
motor property carriers, Form OP–1MX § 365.111T Appeals to rejections of the 365.411T Responsive pleadings.
for Mexican property carriers and, Form application. 365.413T Procedures for changing the name
OP–1(P) for motor passenger carriers. (a) An applicant has the right to or business form of a motor carrier,
■ 13. Add § 365.109T to read as follows: appeal rejection of the application. The freight forwarder, or property broker.
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approved transfer application in the (3) The name(s) of the owner(s) of the and beyond the commercial zones of
FMCSA Register. Protests received prior stock and the distribution of the shares; such municipalities. In order to operate
to the notice will be rejected. Applicants (4) The names of the officers and in the United States, a Mexico-
may respond within 20 days after the directors of the corporation; and domiciled motor carrier with
due date of protests. Petitions for (5) A statement that there is no change provisional operating authority must:
reconsideration of decisions denying in the ownership, management, or (1) Have its surety or insurance
applications must be filed within 20 control of the business. When this provider file proof of financial
days after the date of service of such procedure is being used to transfer responsibility in the form of certificates
decisions. operating rights from a deceased or of insurance, surety bonds, and
(b) Protests and petitions for incapacitated spouse to the other endorsements, as required by
reconsideration must be filed with the spouse, documentation that the other § 387.301T of this subchapter;
Federal Motor Carrier Safety spouse has the legal right to effect such (2) File a hard copy of, or have its
Administration, Office of Registration change must be included with the process agent(s) electronically submit,
and Safety Information (MC–RS), 1200 request. The fee for filing a name change Form BOC–3—Designation of Agents-
New Jersey Ave. SE., Washington, DC request is in § 360.3T(f) of this chapter. Motor Carriers, Brokers and Freight
20590–0001, and be served on Forwarders, as required by part 366 of
§§ 365.507 and 365.509 [SUSPENDED]
appropriate parties. this subchapter; and
■ 25. Suspend §§ 365.507 and 365.509. (3) Comply with all provisions of the
§ 365.413T Procedures for changing the ■ 26. Add § 365.507T to read as follows: safety monitoring system in subpart B of
name or business form of a motor carrier, part 385 of this subchapter, including
freight forwarder, or property broker. § 365.507T FMCSA action on the successfully passing CVSA Level I
(a) Scope. These procedures apply in application.
inspections at least every 90 days and
the following circumstances: (a) The FMCSA will review and act on having decals affixed to each
(1) A change in the form of a business, each application submitted under this commercial motor vehicle operated in
such as the incorporation of a subpart in accordance with the the United States as required by
partnership or sole proprietorship; procedures set out in this part. § 385.103(c) of this subchapter.
(2) A change in the legal name of a (b) The FMCSA will validate the (f) The FMCSA may grant permanent
corporation or partnership or change in accuracy of information and operating authority to a Mexico-
the trade name or assumed name of any certifications provided in the domiciled carrier no earlier than 18
entity; application by checking data months after the date that provisional
(3) A transfer of operating rights from maintained in databases of the operating authority is granted and only
a deceased or incapacitated spouse to governments of Mexico and the United after successful completion to the
the other spouse; States. satisfaction of the FMCSA of the safety
(4) A reincorporation and merger for (c) Pre-authorization safety audit. monitoring system for Mexico-
the purpose of effecting a name change; Every Mexico-domiciled carrier that domiciled carriers set out in subpart B
(5) An amalgamation or consolidation applies under this part must of part 385 of this subchapter.
of a carrier and a noncarrier into a new satisfactorily complete an FMCSA- Successful completion includes
carrier having a different name from administered safety audit before FMCSA obtaining a satisfactory safety rating as
either of the predecessor entities; and will grant provisional operating the result of a compliance review.
(6) A change in the State of authority to operate in the United
■ 26. Add § 365.509T to read as follows:
incorporation accomplished by States. The safety audit is a review by
dissolving the corporation in one State the FMCSA of the carrier’s written § 365.509T Requirement to notify FMCSA
and reincorporating in another State. procedures and records to validate the of change in applicant information.
(b) Procedures. To accomplish these accuracy of information and (a) A motor carrier subject to this
changes, a letter or signed copy of form certifications provided in the subpart must notify the FMCSA of any
MCSA–5889, ‘‘Motor Carrier Records application and determine whether the changes or corrections to the
Change Form,’’ OMB No. 2126–0060, carrier has established or exercises the information in parts I, IA or II submitted
must be submitted to the Federal Motor basic safety management controls on the Form OP–1(MX) or the Form
Carrier Safety Administration. It must necessary to ensure safe operations. The BOC–3—Designation of Agents—Motor
be submitted in one of the following FMCSA will evaluate the results of the Carriers, Brokers and Freight
three ways. safety audit using the criteria in Forwarders during the application
(1) Scanned and submitted via the appendix A to this subpart. process or after having been granted
web form at https://www.fmcsa.dot.gov/ (d) If a carrier successfully completes provisional operating authority. The
ask; the pre-authorization safety audit and carrier must notify the FMCSA in
(2) Faxed to (202–366–3477); or the FMCSA approves its application writing within 45 days of the change or
(3) Mailed to the Federal Motor submitted under this subpart, FMCSA correction.
Carrier Safety Administration, Office of will publish a summary of the (b) If a carrier fails to comply with
Registration and Safety Information application as a preliminary grant of paragraph (a) of this section, the FMCSA
(MC–RS), 1200 New Jersey Ave. SE., authority in the FMCSA Register to give may suspend or revoke its operating
Washington, DC 20590–0001. The notice to the public in case anyone authority until it meets those
envelope should be marked ‘‘NAME wishes to oppose the application, as requirements.
CHANGE’’. required in § 365.109T(b).
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(c) The registrant must provide: (e) If the FMCSA grants provisional PART 366—DESIGNATION OF
(1) The docket number(s) and name of operating authority to the applicant, it PROCESS AGENT
the carrier, freight forwarder, or will assign a distinctive USDOT
property broker requesting the change; Number that identifies the motor carrier ■ 27. The authority citation for part 366
(2) A copy of the articles of as authorized to operate beyond the is revised to read as follows:
incorporation and the State certificate municipalities in the United States on Authority: 49 U.S.C. 502, 503, 13303,
reflecting the incorporation; the U.S.-Mexico international border 13304 and 13908; and 49 CFR 1.87.
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§§ 366.1 through 366.6 [SUSPENDED] operate, including States traversed § 368.3T Applying for a certificate of
during such operations, except those registration.
■ 28. Suspend §§ 366.1 through 366.6.
States for which individual designations (a) If you wish to obtain a certificate
■ 29. Add §§ 366.1T through 366.6T to of registration under this part, you must
are named.
read as follows: submit an application that includes the
Sec. § 366.6T Cancellation or change. following:
366.1T Applicability. A designation may be canceled or (1) Form OP–2—Application for
366.2T Form of designation. changed only by a new designation Mexican Certificate of Registration for
366.3T Eligible persons. except that, where a carrier or broker Foreign Motor Carriers and Foreign
366.4T Required States. ceases to be subject to § 366.4T in whole
366.5T Blanket designations.
Motor Private Carriers Under 49 U.S.C.
366.6T Cancellation or change.
or in part for 1 year, designation is no 13902;
longer required and may be canceled (2) Form MCS–150—Motor Carrier
§ 366.1T Applicability. without making another designation. Identification Report; and
These rules, relating to the filing of (3) A notification of the means used
designations of persons upon whom PART 368—APPLICATION FOR A to designate process agents, either by
court process may be served, govern CERTIFICATE OF REGISTRATION TO submission in the application package
motor carriers and brokers and, as of the OPERATE IN MUNICIPALITIES IN THE of Form BOC–3—Designation of
moment of succession, their fiduciaries UNITED STATES ON THE UNITED Agents—Motor Carriers, Brokers and
(as defined at 49 CFR 387.319(a)). STATES-MEXICO INTERNATIONAL Freight Forwarders or a letter stating
BORDER OR WITHIN THE that the applicant will use a process
§ 366.2T Form of designation. COMMERCIAL ZONES OF SUCH agent service that will submit the Form
Designations shall be made on Form MUNICIPALITIES BOC–3 electronically.
BOC–3, Designation of Agent for Service (b) The FMCSA will only process
■ 30. The authority citation for part 368 your application for a Certificate of
of Process. Only one completed current
is revised to read as follows: Registration if it meets the following
form may be on file. It must include all
States for which agent designations are Authority: 49 U.S.C. 13301, 13902 and conditions:
required. One copy must be retained by 13908; Pub. L. 106–159, 113 Stat. 1748; and (1) The application must be
the carrier or broker at its principal 49 CFR 1.87. completed in English;
place of business. ■ 31. Add § 368. 3–1T to read as (2) The information supplied must be
follows: accurate and complete in accordance
§ 366.3T Eligible persons. with the instructions to the Form OP–
All persons (as defined at 49 U.S.C. § 368.3–1T Starting the application
process: URS online application.
2, Form MCS–150 and Form BOC–3;
13102(18)) designated as process agents (3) The application must include all
must reside in or maintain an office in (a) Notwithstanding any other the required supporting documents and
the State for which they are designated. provision of this part, new applicants as applicable certifications set forth in the
If a State official is designated, evidence defined in paragraph (b) of this section instructions to the Form OP–2, Form
of his or her willingness to accept must apply for a USDOT number and MCS–150 and Form BOC–3;
service of process must be furnished. operating authority by electronically (4) The application must include the
filing Form MCSA–1, the URS online filing fee payable to the FMCSA in the
§ 366.4T Required States. application (available at http:// amount set forth in 49 CFR 360.3T(f)(1);
(a) Motor carriers. Every motor carrier www.fmcsa.dot.gov/urs) to request and
(of property or passengers) shall make a authority pursuant to 49 U.S.C. 13902 to (5) The application must be signed by
designation for each State in which it is provide interstate transportation in the applicant.
authorized to operate and for each State municipalities in the United States on (c) If you fail to furnish the complete
traversed during such operations. Every the United States-Mexico international application as described under
motor carrier (including private carriers) border or within the commercial zones paragraph (b) of this section your
operating in the United States in the of such municipalities as defined in 49 application may be rejected.
course of transportation between points U.S.C. 13902(c)(4)(A). (d) If you submit false information
in a foreign country shall file a (b) For purposes of this section, a under this section, you will be subject
designation for each State traversed. ‘‘new applicant’’ is an citizen of Mexico to applicable Federal penalties.
(b) Brokers. Every broker shall make or a motor carrier owned or controlled (e) You must submit the application
a designation for each State in which its by a citizen of Mexico, applying for a to the address provided in the
offices are located or in which contracts USDOT number and operating authority instructions to the Form OP–2.
will be written. who does not at the time of application (f) You may obtain the application
have an active registration or USDOT, described in paragraph (a) of this
§ 366.5T Blanket designations. Motor Carrier (MC), Mexico owned or section from any FMCSA Division
Where an association or corporation controlled (MX) or Freight Forwarder Office or download it from the FMCSA
has filed with the FMCSA a list of (FF) number, and who has never had an Web site at: http://www.fmcsa.dot.gov/
process agents for each State, motor active registration or USDOT, MC, MX, factsfigs/formspubs.htm.
carriers may make the required or FF number. ■ 34. Add § 368.4T to read as follows:
designations by using the following (c) Form MCSA–1, is the URS online
statement: application, and both the application § 368.4T Requirement to notify FMCSA of
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Those persons named in the list of and its instructions are available from change in applicant information.
process agents on file with the Federal the FMCSA Web site at http:// (a) You must notify the FMCSA of any
Motor Carrier Safety Administration by www.fmcsa.dot.gov/urs. changes or corrections to the
llll (Name of association or information in Parts I, IA or II submitted
corporation) and any subsequently filed §§ 368.3 and 368.4 [SUSPENDED] on the Form OP–2 or the Form BOC–3—
revisions thereof, for the States in which ■ 32. Suspend §§ 368.3 and 368.4. Designation of Agents—Motor Carriers,
this carrier is or may be authorized to ■ 33. Add § 368.3T to read as follows: Brokers and Freight Forwarders during
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the application process or while you § 385.303T How does a motor carrier (1) Submit an updated MCS–150.
have a Certificate of Registration. You register with the FMCSA? (2) Submit evidence that it has
must notify the FMCSA in writing A motor carrier may contact the corrected the deficiencies that resulted
within 45 days of the change or FMCSA by internet in revocation of its registration and will
correction. (www.fmcsa.dot.gov); or Washington, otherwise ensure that it will have basic
(b) If you fail to comply with DC headquarters by mail at, Federal safety management controls in effect.
paragraph (a) of this section, the FMCSA Motor Carrier Safety Administration, (3) Begin the 18-month new entrant
may suspend or revoke the Certificate of 1200 New Jersey Ave. SE., Washington, monitoring cycle again as of the date the
Registration until you meet those DC 20590–0001; fax 202–366–3477; or re-filed application is approved.
requirements. telephone 1–800–832–5660, and request (c) If the USDOT new entrant
the application materials for a new registration was revoked because
§ 368.8 [SUSPENDED] entrant motor carrier. Forms can also be FMCSA found that the new entrant had
■ 35. Suspend § 368.8. downloaded from https:// failed to submit to a safety audit, it must
www.fmcsa.dot.gov/registration/ do all of the following:
■ 36. Add § 368.8T to read as follows: registration-forms. A motor carrier (1) Submit an updated MCS–150.
§ 368.8T Appeals. which does not already have a USDOT (2) Begin the 18-month new entrant
number must apply online via the monitoring cycle again as of the date the
An applicant has the right to appeal
Unified Registration System (URS) at re-filed application is approved.
denial of the application. The appeal
www.fmcsa.dot.gov/urs. (3) Submit to a safety audit.
must be in writing and specify in detail (d) If the new entrant is a for-hire
■ 41. Add § 385.305T to read as follows:
why the agency’s decision to deny the carrier subject to the registration
application was wrong. The appeal must § 385.305T What happens after the FMCSA provisions under 49 U.S.C. 13901 and
be filed with the Director, Office of Data receives a request for new entrant also has had its operating authority
Analysis and Information Systems registration?
revoked, it must re-apply for operating
within 20 days of the date of the letter (a) The requester for new entrant authority as set forth in part 365 of this
denying the application. The decision of registration will be directed to the chapter.
the Director will be the final agency FMCSA Internet Web site
order. (www.fmcsa.dot.gov) to secure and/or § 385.405 [SUSPENDED]
complete the application package ■ 44. Suspend § 385.405.
PART 385—SAFETY FITNESS online.
PROCEDURES ■ 45. Add § 385.405T to read as follows:
(b) The application package will
contain the following: § 385.405T How does a motor carrier apply
■ 37. The authority citation for part 385 (1) Educational and technical for a safety permit?
is revised to read as follows: assistance material regarding the (a) Application form(s). (1) To apply
Authority: 49 U.S.C. 113, 504, 521(b), requirements of the FMCSRs and HMRs, for a new safety permit or renewal of the
5105(e), 5109, 5113, 13901–13905, 13908, if applicable. safety permit, a motor carrier must
31136, 31144, 31148, 31151, and 31502; Sec. (2) The Form MCS–150, The Motor complete and submit Form MCS–150B,
350 of Pub. L. 107–87; and 49 CFR 1.87. Carrier Identification Report. Combined Motor Carrier Identification
(3) Application forms to obtain Report and HM Permit Application.
§§ 385.301 through 385.305 [SUSPENDED]
operating authority under 49 CFR part (2) The Form MCS–150B will also
■ 38. Suspend §§ 385.301 through 365, as appropriate. satisfy the requirements for obtaining
385.305. (c) Upon completion of the and renewing a USDOT Number; there
■ 39. Add § 385.301T to read as follows: application forms, the new entrant will is no need to complete Form MCS–150,
be issued a USDOT number. Motor Carrier Identification Report.
§ 385.301T What is a motor carrier (d) For-hire motor carriers, unless (b) Where to get forms and
required to do before beginning interstate providing transportation exempt from
operations? instructions. The forms listed in
49 CFR part 365 registration paragraph (a) of this section, and
(a) Before a motor carrier of property requirements, must also comply with instructions for completing the forms,
or passengers begins interstate the procedures established in 49 CFR may be obtained on the Internet at
operations, it must register with the part 365 to obtain operating authority http://www.fmcsa.dot.gov, or by
FMCSA and receive a USDOT number. before operating in interstate commerce. contacting FMCSA at Federal Motor
In addition, for-hire motor carriers must Carrier Safety Administration, Office of
§ 385.329 [SUSPENDED]
obtain operating authority from FMCSA Information Technology (MC–RI), 1200
following the registration procedures ■ 42. Suspend § 385.329.
New Jersey Ave. SE., Washington, DC
described in 49 CFR part 365, unless ■ 43. Add § 385.329T to read as follows: 20590–0001, Telephone: 1–800–832–
providing transportation exempt from 5660.
49 CFR part 365 registration § 385.329T May a new entrant that has had
its USDOT new entrant registration revoked (c) Registration with the Pipeline and
requirements. and its operations placed out of service Hazardous Materials Safety
(b) This subpart applies to motor reapply? Administration (PHMSA). The motor
carriers domiciled in the United States (a) A new entrant whose USDOT new carrier must be registered with PHMSA
and Canada. entrant registration has been revoked, in accordance with part 107, subpart G,
(c) A Mexico-domiciled motor carrier and whose operations have been placed of this title.
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of property or passengers must register out of service by FMCSA, may reapply (d) Updating information on Form
with the FMCSA by following the for new entrant registration no sooner MCS–150B. A motor carrier holding a
registration procedures described in 49 than 30 days after the date of revocation. safety permit must report to FMCSA any
CFR part 365 or 368, as appropriate. The (b) If the USDOT new entrant change in the information on its Form
regulations in this subpart do not apply registration was revoked because of a MCS–150B within 30 days of the
to Mexico-domiciled carriers. failed safety audit, the new entrant must change. The motor carrier must use
■ 40. Add § 385.303T to read as follows: do all of the following: Form MCS–150B to report the new
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information (contact information in submit a renewal application (Form motor carrier’s safety permit will be
paragraph (b) of this section). MCS–150B) in accordance with the suspended the first time any of the
schedule set forth for filing Form MCS– conditions specified in paragraph (a) of
§ 385.409 [SUSPENDED]
150 in § 390.19T(a) of this chapter; and this section are found to apply to the
■ 46. Suspend § 385.409. (b) An existing safety permit will motor carrier. A motor carrier’s safety
■ 47. Add § 385.409T to read as follows: remain in effect pending FMCSA’s permit will be revoked if any of the
processing of an application for renewal conditions specified in paragraph (a) of
§ 385.409T When may a temporary safety if a motor carrier submits the required this section are found to apply to the
permit be issued to a motor carrier?
application (Form MS–150B) in motor carrier and the carrier’s safety
(a) Temporary safety permit. If a accordance with the schedule set forth permit has been suspended in the past
motor carrier does not meet the criteria in § 390.19T(a)(2) and (3) of this for any of the reasons specified in
in § 385.407(a), FMCSA may issue it a chapter. paragraph (a) of this section.
temporary safety permit. To obtain a (c) Effective date of suspension or
■ 50. Add § 385.421T to read as follows:
temporary safety permit a motor carrier revocation. A suspension or revocation
must certify on Form MCS–150B that it § 385.421T Under what circumstances will of a safety permit is effective:
is operating in full compliance with the a safety permit be subject to revocation or (1) Immediately after FMCSA
HMRs; with the FMCSRs, and/or suspension by FMCSA? determines that an imminent hazard
comparable State regulations, whichever (a) Grounds. A safety permit will be exists, after FMCSA issues a final safety
is applicable; and with the minimum subject to revocation or suspension by rating that is less than Satisfactory, or
financial responsibility requirements in FMCSA for the following reasons: after a motor carrier loses its operating
part 387 of this chapter or in State (1) A motor carrier fails to submit a rights or has its registration suspended
regulations, whichever is applicable. renewal application (Form MCS–150B) for failure to pay a civil penalty or abide
(b) FMCSA will not issue a temporary in accordance with the schedule set by a payment plan;
safety permit to a motor carrier that: forth in § 390.19T(a)(2) and (3) of this (2) Thirty (30) days after service of a
(1) Does not certify that it has a chapter; written notification that FMCSA
satisfactory security program as required (2) A motor carrier provides any false proposes to suspend or revoke a safety
in § 385.407(b); or misleading information on its
(2) Has a crash rate in the top 30 permit, if the motor carrier does not
application (Form MCS–150B) or as part submit a written request for
percent of the national average as of updated information it is providing
indicated in the FMCSA’s Motor Carrier administrative review within that time
on Form MCS–150B (see § 385.405T(d)). period; or
Management Information System (3) A motor carrier is issued a final
(MCMIS); or (3) As specified in § 385.423(c), when
safety rating that is less than the motor carrier submits a written
(3) Has a driver, vehicle, hazardous Satisfactory;
materials, or total out-of-service rate in request for administrative review of
(4) A motor carrier fails to maintain a FMCSA’s proposal to suspend or revoke
the top 30 percent of the national satisfactory security plan as set forth in
average as indicated in the MCMIS. a safety permit.
§ 385.407(b); (4) A motor carrier whose safety
(c) A temporary safety permit shall be
(5) A motor carrier fails to comply permit has been revoked will not be
valid for 180 days after the date of
with applicable requirements in the issued a replacement safety permit or
issuance or until the motor carrier is
FMCSRs, the HMRs, or compatible State temporary safety permit for 365 days
assigned a new safety rating, whichever
requirements governing the from the time of revocation.
occurs first.
(1) A motor carrier that receives a transportation of hazardous materials, in
a manner showing that the motor carrier § 385.603 [SUSPENDED]
Satisfactory safety rating will be issued
a safety permit (see § 385.421T). is not fit to transport the hazardous ■ 51. Suspend § 385.603.
(2) A motor carrier that receives a less materials listed in § 385.403; ■ 52. Add § 385.603T to read as follows:
than Satisfactory safety rating is (6) A motor carrier fails to comply
ineligible for a safety permit and will be with an out-of-service order; § 385.603T Application.
subject to revocation of its temporary (7) A motor carrier fails to comply (a) Each applicant applying under this
safety permit. with any other order issued under the subpart must submit an application that
(d) If a motor carrier has not received FMCSRs, the HMRs, or compatible State consists of:
a safety rating within the 180-day time requirements governing the (1) Form OP–1(NNA)—Application
period, FMCSA will extend the effective transportation of hazardous materials, in for U.S. Department of Transportation
date of the temporary safety permit for a manner showing that the motor carrier (USDOT) Registration by Non-North
an additional 60 days, provided the is not fit to transport the hazardous America-Domiciled Motor Carriers;
motor carrier demonstrates that it is materials listed in § 385.403; (2) Form MCS–150—Motor Carrier
continuing to operate in full compliance (8) A motor carrier fails to maintain Identification Report; and
with the FMCSRs and HMRs. the minimum financial responsibility (3) A notification of the means used
required by § 387.9 of this chapter or an to designate process agents, either by
§§ 385.419 and 385.421 [SUSPENDED] applicable State requirement; submission in the application package
■ 48. Suspend §§ 385.419 and 385.421. (9) A motor carrier fails to maintain of Form BOC–3—Designation of
■ 49. Add § 385.419T to read as follows: current hazardous materials registration Agents—Motor Carriers, Brokers and
with the Pipeline and Hazardous Freight Forwarders or a letter stating
§ 385.419T How long is a safety permit Materials Safety Administration; or that the applicant will use a process
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effective? (10) A motor carrier loses its operating agent service that will submit the Form
Unless suspended or revoked, a safety rights or has its registration suspended BOC–3 electronically.
permit (other than a temporary safety in accordance with § 386.83 or § 386.84 (b) FMCSA will only process an
permit) is effective for two years, except of this chapter for failure to pay a civil application if it meets the following
that: penalty or abide by a payment plan. conditions:
(a) A safety permit will be subject to (b) Determining whether a safety (1) The application must be
revocation if a motor carrier fails to permit is revoked or suspended. A completed in English;
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(2) The information supplied must be protested. If a protest to the application Registration by Non-North America-
accurate, complete, and include all is filed with FMCSA, new entrant Domiciled Motor Carriers that occurs
required supporting documents and registration will be granted only if during the application process or after
applicable certifications in accordance FMCSA denies or rejects the protest. having been granted new entrant
with the instructions to Form OP– (e) If FMCSA grants new entrant registration.
1(NNA), Form MCS–150 and Form registration to the applicant, it will (3) A motor carrier must notify
BOC–3; assign a distinctive USDOT Number that FMCSA in writing within 45 days of the
(3) The application must include the identifies the motor carrier as change or correction to information
filing fee payable to the FMCSA in the authorized to operate in the United under paragraph (a)(1) or (2) of this
amount set forth at 49 CFR 360.3T(f)(1); States. In order to initiate operations in section.
and the United States, a non-North America- (b) If a motor carrier fails to comply
(4) The application must be signed by domiciled motor carrier with new with paragraph (a) of this section,
the applicant. entrant registration must: FMCSA may suspend or revoke its new
(c) An applicant must submit the (1) Have its surety or insurance entrant registration until it meets those
application to the address provided in provider file proof of financial requirements.
Form OP–1(NNA). responsibility in the form of certificates
(d) An applicant may obtain the of insurance, surety bonds, and § 385.713 [SUSPENDED]
application forms from any FMCSA endorsements, as required by
■ 56. Suspend § 385.713.
Division Office or download them from §§ 387.7(e)(2), 387.31(e)(2), and
the FMCSA Web site at: http:// 387.301T of this subchapter, as ■ 57. Add § 385.713T to read as follows:
www.fmcsa.dot.gov/forms/forms.htm. applicable; and § 385.713T Reapplying for new entrant
(2) File a hard copy of, or have its registration.
§§ 385.607 and 385.609 [SUSPENDED] process agent(s) electronically submit,
■ 53. Suspend §§ 385.607 and 385.609. Form BOC–3—Designation of Agents— (a) A non-North America-domiciled
Motor Carriers, Brokers and Freight motor carrier whose provisional new
■ 54. Add § 385.607T to read as follows:
Forwarders, as required by part 366 of entrant registration has been revoked
§ 385.607T FMCSA action on the this subchapter. may reapply for new entrant registration
application. (f) A non-North America-domiciled no sooner than 30 days after the date of
(a) FMCSA will review and act on motor carrier must comply with all revocation.
each application submitted under this provisions of the safety monitoring (b) If the provisional new entrant
subpart in accordance with the system in subpart I of this part, registration was revoked because the
procedures set out in this part. including successfully passing North new entrant failed to receive a
(b) FMCSA will validate the accuracy American Standard commercial motor Satisfactory rating after undergoing a
of information and certifications vehicle inspections at least every 90 compliance review, the new entrant
provided in the application by checking, days and having safety decals affixed to must do all of the following:
to the extent available, data maintained each commercial motor vehicle operated (1) Submit an updated MCS–150.
in databases of the governments of the in the United States as required by (2) Submit evidence that it has
country where the carrier’s principal § 385.703(c). corrected the deficiencies that resulted
place of business is located and the (g) FMCSA may not re-designate a in revocation of its registration and will
United States. non-North America-domiciled carrier’s otherwise ensure that it will have basic
(c) Pre-authorization safety audit. registration from new entrant to safety management controls in effect.
Every non-North America-domiciled permanent prior to 18 months after the (3) Successfully complete a pre-
motor carrier that applies under this date its USDOT Number is issued and authorization safety audit in accordance
part must satisfactorily complete an subject to successful completion of the with § 385.607T(c).
FMCSA-administered safety audit safety monitoring system for non-North (4) Begin the 18-month new entrant
before FMCSA will grant new entrant America-domiciled carriers set out in monitoring cycle again as of the date the
registration to operate in the United subpart I of this part. Successful re-filed application is approved.
States. The safety audit is a review by completion includes obtaining a (c) If the provisional new entrant
FMCSA of the carrier’s written Satisfactory safety rating as the result of registration was revoked because
procedures and records to validate the a compliance review. FMCSA found that the new entrant had
accuracy of information and ■ 55. Add § 385.609T to read as follows: failed to submit to a compliance review,
certifications provided in the
it must do all of the following:
application and determine whether the § 385.609T Requirement to notify FMCSA
carrier has established or exercises the of change in applicant information. (1) Submit an updated MCS–150.
basic safety management controls (a)(1) A motor carrier subject to this (2) Successfully complete a pre-
necessary to ensure safe operations. subpart must notify FMCSA of any authorization safety audit in accordance
FMCSA will evaluate the results of the changes or corrections to the with § 385.607T(c).
safety audit using the criteria in the information the Form BOC–3— (3) Begin the 18-month new entrant
appendix to this subpart. Designation of Agents—Motor Carriers, monitoring cycle again as of the date the
(d) An application of a non-North Brokers and Freight Forwarders that re-filed application is approved.
America-domiciled motor carrier occur during the application process or (4) Submit to a compliance review
requesting for-hire operating authority after having been granted new entrant upon request.
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under part 365 of this subchapter may registration. (d) If the new entrant is a for-hire
be protested under § 365.109T(b). Such (2) A motor carrier subject to this carrier subject to the registration
a carrier will be granted new entrant subpart must notify FMCSA of any provisions under 49 U.S.C. 13901 and
registration after successful completion changes or corrections to the also has had its operating authority
of the pre-authorization safety audit and information in Section I, IA or II of revoked, it must re-apply for operating
the expiration of the protest period, Form OP–1(NNA)—Application for U.S. authority as set forth in part 365 of this
provided the application is not Department of Transportation (USDOT) subchapter.
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PART 387—MINIMUM LEVELS OF § 387.19 [SUSPENDED] § 387.33T Financial responsibility,
FINANCIAL RESPONSIBILITY FOR minimum levels.
■ 59. Suspend § 387.19. The minimum levels of financial
MOTOR CARRIERS
§ 387.33 [SUSPENDED] responsibility referred to in § 387.31 are
■ 58. The authority citation for part 387 hereby prescribed as follows:
is revised to read as follows: ■ 60. Suspend § 387.33.
Schedule of Limits
Authority: 49 U.S.C. 13101, 13301, 13906, ■ 61. Add § 387.33T to read as follows:
Public Liability
13908, 14701, 31138, and 31139; and 49 CFR
1.87. For-hire motor carriers of passengers
operating in interstate or foreign
commerce.
Effective dates
Vehicle seating capacity
Nov. 19, 1983 Nov. 19, 1985
(1) Any vehicle with a seating capacity of 16 passengers or more ........................................................................ $2,500,000 $5,000,000
(2) Any vehicle with a seating capacity of 15 passengers or less 1 ....................................................................... 750,000 1,500,000
1 Except as provided in § 387.27(b).
§ 387.43 [Suspended] 135 of title 49 of the U.S. Code, or for of such carrier in connection with its
■ 62. Suspend § 387.43. loss of or damage to property of others, transportation service. The terms
or, in the case of motor carriers of ‘‘household goods motor carrier’’ and
§§ 387.301 and 387.303 [Suspended] property operating freight vehicles ‘‘individual shipper’’ are defined in part
■ 63. Suspend §§ 387.301 and 387.303. described in § 387.303T(b)(2), for 375 of this subchapter.
■ 64. Add § 387.301T to read as follows: environmental restoration. (c) Continuing compliance required.
(2) Motor Carriers of property which Such security as is accepted by the
§ 387.301T Surety bond, certificate of are subject to the conditions set forth in FMCSA in accordance with the
insurance, or other securities. paragraph (a)(1) of this section and requirements of section 13906 of title 49
(a) Public liability. (1) No common or transport the commodities described in of the U.S. Code, shall remain in effect
contract carrier or foreign (Mexican) § 387.303T(b)(2), are required to obtain at all times.
motor private carrier or foreign motor security in the minimum limits ■ 65. Add § 387.303T to read as follows:
carrier transporting exempt prescribed in § 387.303T(b)(2).
commodities subject to Subtitle IV, part (b) Household goods motor carriers- § 387.303T Security for the protection of
B, chapter 135 of title 49 of the U.S. cargo insurance. No household goods the public: Minimum limits.
Code shall engage in interstate or motor carrier subject to subtitle IV, part (a) Definitions. (1) Primary security
foreign commerce, and no certificate or B, chapter 135 of title 49 of the U.S. means public liability coverage
permit shall be issued to such a carrier Code shall engage in interstate or provided by the insurance or surety
or remain in force unless and until there foreign commerce, nor shall any company responsible for the first dollar
shall have been filed with and accepted certificate be issued to such a household of coverage.
by the FMCSA surety bonds, certificates goods motor carrier or remain in force (2) Excess security means public
of insurance, proof of qualifications as unless and until there shall have been liability coverage above the primary
self-insurer, or other securities or filed with and accepted by the FMCSA, security, or above any additional
agreements, in the amounts prescribed a surety bond, certificate of insurance, underlying security, up to and including
in § 387.303T, conditioned to pay any proof of qualifications as a self-insurer, the required minimum limits set forth in
final judgment recovered against such or other securities or agreements in the paragraph (b)(2) of this section.
motor carrier for bodily injuries to or the amounts prescribed in § 387.303T, (b)(1) Motor carriers subject to
death of any person resulting from the conditioned upon such carrier making § 387.301T(a)(1) are required to have
negligent operation, maintenance or use compensation to individual shippers for security for the required minimum
of motor vehicles in transportation all property belonging to individual limits as follows:
subject to Subtitle IV, part B, chapter shippers and coming into the possession (i) Small freight vehicles.
Transportation Minimum
Kind of equipment provided limits
Fleet including only vehicles under 10,001 pounds (4,536 kilograms) GVWR ........... Property (non-hazardous) ......................... $300,000
(ii) Passenger carriers.
PASSENGER CARRIERS: KIND OF EQUIPMENT
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Minimum
Vehicle seating capacity limits
(A) Any vehicle with a seating capacity of 16 passengers or more (including the driver) ................................................................. $5,000,000
(B) Any vehicle designed or used to transport 15 passengers or less (including the driver) for compensation ............................... 1,500,000
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(2) Motor carriers subject to security for the required minimum
§ 387.301T(a)(2) are required to have limits as follows:
Minimum
Kind of equipment Commodity transported limits
(i) Freight vehicles of 10,001 pounds Property (non-hazardous) ............................................................................................ $750,000
(4,536 kilograms) or more GVWR.
(ii) Freight vehicles of 10,001 (4,536 kilo- Hazardous substances, as defined in § 171.8 of this title, transported in cargo 5,000,000
grams) pounds or more GVWR. tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500
water gallons, or in bulk explosives Division 1,1, 1.2 and 1.3 materials. Division
2.3, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route con-
trolled quantities of a Class 7 material, as defined in § 173.403 of this title.
(iii) Freight vehicles of 10,001 pounds Oil listed in § 172.101 of this title; hazardous waste, hazardous materials and haz- 1,000,000
(4,536 kilograms) or more GVWR. ardous substances defined in § 171.8 of this title and listed in § 172.101 of this
title, but not mentioned in paragraph (b) or (d) of this section.
(iv) Freight vehicles under 10,001 pounds Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, 5,000,000
(4,536 kilograms) GVWR. Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or
highway route controlled quantities of Class 7 material as defined in § 173.455 of
this title.
(3) Motor carriers subject to the and coming into the possession of (ii) For aggregation of insurance for all
minimum limits governed by this household goods motor carriers in other carriers to cover security limits
section, which are also subject to connection with their transportation under § 387.303T(b)(1) or (2), a separate
Department of Transportation limits service: Department of Transportation
requirements, are at no time required to (1) For loss of or damage to household prescribed form endorsement and Form
have security for more than the required goods carried on any one motor BMC 91X certificate is required of each
minimum limits established by the vehicle—$5,000; and insurer. When insurance is provided by
Secretary of Transportation in the (2) For loss of or damage to or more than one insurer to aggregate
applicable provisions of this part. aggregate of losses or damages of or to coverage for security limits under
(4) Foreign motor carriers and foreign household goods occurring at any one § 387.303T(c) a separate Form BMC 32
motor private carriers. Foreign motor time and place—$10,000. endorsement and Form BMC 34
carriers and foreign motor private certificate of insurance is required for
carriers (Mexican), subject to the § 387.313 [Suspended] each insurer.
requirements of 49 U.S.C. 13902(c) and ■ 66. Suspend § 387.313. (iii) For aggregation of insurance for
49 CFR part 368 regarding obtaining foreign motor private carriers of
■ 67. Add § 387.313T to read as follows:
certificates of registration from the nonhazardous commodities to cover
FMCSA, must meet our minimum § 387.313T Forms and procedures. security limits under § 387.303T(b)(4), a
financial responsibility requirements by (a) Forms for endorsements, separate Form BMC 90 with the specific
obtaining insurance coverage, in the certificates of insurance and others—(1) amounts of underlying and limits of
required amounts, for periods of 24 In form prescribed. Endorsements for coverage shown thereon or appended
hours or longer, from insurance or policies of insurance and surety bonds, thereto, or Department of Transportation
surety companies, that meet the certificates of insurance, applications to prescribed form endorsement, and Form
requirements of § 387.315. These qualify as a self-insurer, or for approval BMC 91MX certificate is required for
carriers must have available for of other securities or agreements, and each insurer.
inspection, in each vehicle operating in notices of cancellation must be in the (3) Use of certificates and
the United States, copies of the form prescribed and approved by the endorsements in BMC Series. Form BMC
following documents: FMCSA. 91 certificates of insurance will be filed
(i) The certificate of registration; (2) Aggregation of insurance. (i) When with the FMCSA for the full security
(ii) The required insurance insurance is provided by more than one limits under § 387.303T(b)(1) or (2).
endorsement (Form MCS–90); and insurer in order to aggregate security (i) Form BMC 91X certificate of
(iii) An insurance identification card, limits for carriers operating only freight insurance will be filed to represent full
binder, or other document issued by an vehicles under 10,000 pounds Gross coverage or any level of aggregation for
authorized insurer which specifies both Vehicle Weight Rating, as defined in the security limits under
the effective date and the expiration § 387.303T(b)(1), a separate Form BMC § 387.303T(b)(1) or (2).
date of the insurance coverage. (ii) Form BMC 90 endorsement will be
90, with the specific amounts of
Notwithstanding the provisions of used with each filing of Form BMC 91
underlying and limits of coverage
§ 387.301T(a)(1), the filing of evidence or Form 91X certificate with the FMCSA
shown thereon or appended thereto, and
of insurance is not required as a which certifies to coverage not governed
Form BMC 91X certificate is required of
condition to the issuance of a certificate by the requirements of the Department
each insurer.
of registration. Further, the reference to of Transportation. Form BMC 32
continuous coverage at § 387.313T(a)(6) **Note: See Note for Rule 387.311. Also, it endorsement and Form BMC 34
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and the reference to cancellation notice should be noted that DOT is considering certificate of insurance and Form BMC
prescribing adaptations of the Form MCS 90
at § 387.313T(d) are not applicable to 83 surety bonds are used for the limits
endorsement and the Form MCS 82 surety
these carriers. bond for use by passenger carriers and Rules of cargo liability under § 387.303T(c).
(c) Household goods motor carriers: §§ 387.311 and 387.313T have been written (iii) Form BMC 91MX certificate of
Cargo liability. Security required to sufficiently broad to provide for this insurance will be filed to represent any
compensate individual shippers for loss contingency when new forms are prescribed level of aggregation for the security
or damage to property belonging to them by that Agency. limits under § 387.303T(b)(4).
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(4) Use of endorsements in MCS issued in the full and correct name of (f) Termination of Forms BMC–32 and
Series. When Security limits certified the individual, partnership, corporation BMC–34 for motor carriers transporting
under § 387.303T(b)(1) or (b)(2) involves or other person to whom the certificate, property other than household goods.
coverage also required by the permit, or license is, or is to be, issued. Form BMC–32 endorsements and Form
Department of Transportation a Form In the case of a partnership, all partners BMC–34 certificates of insurance issued
MCS endorsement prescribed by the shall be named. to motor carriers transporting property
Department of Transportation such as, (d) Cancellation notice. Except as other than household goods that have
and including, the Form MCS 90 provided in paragraph (e) of this been accepted by the FMCSA under
endorsement is required. section, surety bonds, certificates of these rules will expire on March 21,
(5) Surety bonds. When surety bonds insurance and other securities or 2011.
are used rather than certificates of agreements shall not be cancelled or
insurance, Form BMC 82 is required for withdrawn until 30 days after written § 387.323 [Suspended]
the security limits under notice has been submitted to the
FMCSA at its offices in Washington, DC, ■ 68. Suspend § 387.323.
§ 387.303T(b)(1) not subject to
regulation by the Department of on the prescribed form (Form BMC–35, ■ 69. Add § 387.323T to read as follows:
Transportation, and Form MCS 82, or Notice of Cancellation Motor Carrier
any form of similar import prescribed by Policies of Insurance under 49 U.S.C. § 387.323T Electronic filing of surety
13906, and BMC–36, Notice of bonds, trust fund agreements, certificates
the Department of Transportation, is of insurance and cancellations.
used for the security limits subject also Cancellation Motor Carrier and Broker
to minimum coverage requirements of Surety Bonds, as appropriate) by the (a) Insurers may, at their option and
the Department of Transportation. insurance company, surety or sureties, in accordance with the requirements
(6) Surety bonds and certificates in motor carrier, broker or other party and procedures set forth in paragraphs
effect continuously. Surety bonds and thereto, as the case may be, which (a) through (d) of this section, file forms
certificates of insurance shall specify period of thirty (30) days shall BMC 34, BMC 35, BMC 36, BMC 82,
that coverage thereunder will remain in commence to run from the date such BMC 83, BMC 84, BMC 85, BMC 91, and
effect continuously until terminated as notice on the prescribed form is actually BMC 91X electronically, in lieu of using
herein provided, except: received by the FMCSA. the prescribed printed forms.
(i) When filed expressly to fill prior (e) Termination by replacement.
Certificates of insurance or surety bonds (b) Each insurer must obtain
gaps or lapses in coverage or to cover authorization to file electronically by
grants of emergency temporary authority which have been accepted by the
FMCSA under these rules may be registering with the FMCSA. An
of unusually short duration and the individual account number and
filing clearly so indicates; or replaced by other certificates of
insurance, surety bonds or other password for computer access will be
(ii) In special or unusual
security, and the liability of the retiring issued to each registered insurer.
circumstances, when special permission
is obtained for filing certificates of insurer or surety under such certificates (c) Filings may be transmitted online
insurance or surety bonds on terms of insurance or surety bonds shall be via the Internet at: http://fhwa-
meeting other particular needs of the considered as having terminated as of li.volpe.dot.gov or via American
situation. the effective date of the replacement Standard Code Information Interchange
(b) Filing and copies. Certificates of certificate of insurance, surety bond or (ASCII). All ASCII transmission must be
insurance, surety bonds, and notices of other security, provided the said in fixed format, i.e., all records must
cancellation must be filed with the replacement certificate, bond or other have the same number of fields and
FMCSA in triplicate. security is acceptable to the FMCSA same length. The record layouts for
(c) Name of insured. Certificates of under the rules and regulations in this ASCII electronic transactions are
insurance and surety bonds shall be part. described in the following table:
ELECTRONIC INSURANCE FILING TRANSACTIONS
Required
Number of F = filing
Field name Description Start field End field
positions C = cancel
B = both
Record type .................. 1 Numeric ......... 1 = Filing, 2 = Cancellation ............................... B 1 1
Insurer number ............. 8 Text ............... FMCSA Assigned Insurer Number (Home Of- B 2 9
fice) With Suffix (Issuing Office), If Different,
e.g., 12345–01.
Filing type ..................... 1 Numeric ......... 1 = BI&PD, 2 = Cargo, 3 = Bond, 4 = Trust B 10 10
Fund.
FMCSA docket number 8 Text ............... FMCSA Assigned MC or FF Number, e.g., B 11 18
MC000045.
Insured legal name ...... 120 Text ........... Legal Name ....................................................... B 19 138
Insured d/b/a name ...... 60 Text ............. Doing Business As Name If Different From B 139 198
Legal Name.
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Insured address ........... 35 Text ............. Either street or mailing address ........................ B 199 233
Insured city ................... 30 Text ............. ............................................................................ B 234 263
Insured state ................ 2 Text ............... ............................................................................ B 264 265
Insured zip code ........... 9 Numeric ......... (Do not include dash if using 9 digit code) ....... B 266 274
Insured country ............ 2 Text ............... (Will default to U.S.) .......................................... B 275 276
Form code .................... 10 Text ............. BMC–91, BMC–91X, BMC–34, BMC–35, etc ... B 277 286
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ELECTRONIC INSURANCE FILING TRANSACTIONS—Continued
Required
Number of F = filing
Field name Description Start field End field
positions C = cancel
B = both
Full, primary or excess 1 Text ............... If BMC–91X, P or E = indicator of primary or F 287 287
coverage. excess policy; 1 = Full under
§ 387.303T(b)(1); 2 = Full under
§ 387.303T(b)(2).
Limit of liability .............. 5 Numeric ......... $ in Thousands .................................................. F 288 292
Underlying limit of liabil- 5 Numeric ......... $ in Thousands (will default to $000 if Primary) F 293 297
ity.
Effective date ............... 8 Text ............... MM/DD/YY Format for both Filing or Cancella- B 298 305
tion.
Policy number .............. 25 Text ............. Surety companies may enter bond number ...... B 306 330
(d) All registered insurers agree to trust funds in § 387.307 shall apply to accepted by the FMCSA under these
furnish upon request to the FMCSA a the surety bond or trust fund required rules will expire on March 21, 2011.
duplicate original of any policy (or by this paragraph (c).
policies) and all endorsements, surety § 387.419 [Suspended]
bond, trust fund agreement, or other § 387.413 [Suspended]
■ 74. Suspend § 387.419.
filing. ■ 72. Suspend § 387.413. ■ 75. Add § 387.419T to read as follows:
■ 73. Add § 387.413T to read as follows:
§ 387.403 [Suspended] § 387.419T Electronic filing of surety
■ 70. Suspend § 387.403. § 387.413T Forms and procedures. bonds, certificates of insurance and
■ 71. Add § 387.403T to read as follows: (a) Forms. Endorsements for policies cancellations.
of insurance, surety bonds, certificates Insurers may, at their option and in
§ 387.403T General requirements. of insurance, applications to qualify as accordance with the requirements and
(a) Cargo. A household goods freight a self-insurer or for approval of other procedures set forth at § 387.323T, file
forwarder may not operate until it has securities or agreements, and notices of certificates of insurance, surety bonds,
filed with FMCSA an appropriate surety cancellation must be in the form and other securities and agreements
bond, certificate of insurance, prescribed at subpart C of this part. electronically.
qualifications as a self-insurer, or other (b) Procedure. Certificates of
securities or agreements, in the amounts insurance, surety bonds, and notices of PART 390—FEDERAL MOTOR
prescribed in § 387.405, for loss of or cancellation must be filed with the CARRIER SAFETY REGULATIONS;
damage to household goods. FMCSA in triplicate. GENERAL
(b) Public liability. A HHGFF may not (c) Names. Certificates of insurance
perform transfer, collection, and and surety bonds shall be issued in the ■ 76. The authority citation for part 390
delivery service until it has filed with full name (including any trade name) of is revised to read as follows:
the FMCSA an appropriate surety bond, the individual, partnership (all partners Authority: 49 U.S.C. 508, 13301, 13902,
certificate of insurance, qualifications as named), corporation, or other person 13908, 31132, 31133, 31136, 31151, 31502,
a self-insurer, or other securities or holding or to be issued the permit. 31504; sec. 114, Pub. L. 103–311, 108 Stat.
agreements, in the amounts prescribed (d) Cancellation. Except as provided 1673, 1677; sec. 217, Pub. L. 106–159, 113
at § 387.405, conditioned to pay any in paragraph (e) of this section, Stat. 1748, 1767; sec. 4136, Pub. L. 109–59,
final judgment recovered against such certificates of insurance, surety bonds, 119 Stat. 1144, 1745; and 49 CFR 1.87.
HHGFF for bodily injury to or the death and other securities and agreements § 390.3 [Suspended]
of any person, or loss of or damage to shall not be cancelled or withdrawn
property (except cargo) of others, or, in until 30 days after the FMCSA receives ■ 77. Suspend § 390.3.
the case of freight vehicles described at written notice from the insurance ■ 78. Add § 390.3T to read as follows:
§ 387.303T(b)(2), for environmental company, surety, freight forwarder, or
§ 390.3T General applicability.
restoration, resulting from the negligent other party, as the case may be.
operation, maintenance, or use of motor (e) Termination by replacement. (a)(1) The rules in this subchapter are
vehicles operated by or under its control Certificates of insurance or surety bonds applicable to all employers, employees,
in performing such service. may be replaced by other certificates of and commercial motor vehicles that
(c) Surety bond or trust fund. A freight insurance, surety bonds, or other transport property or passengers in
forwarder must have a surety bond or security, and the liability of the retiring interstate commerce.
trust fund in effect. The FMCSA will not insurer or surety shall be considered as (2) The rules in 49 CFR 386.12(e) and
issue a freight forwarder license until a having terminated as of the 390.6 prohibiting the coercion of drivers
surety bond or trust fund for the full replacement’s effective date, if of commercial motor vehicles operating
limit of liability prescribed in § 387.405 acceptable to the FMCSA. in interstate commerce:
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is in effect. The freight forwarder license (f) Termination of Forms BMC–32 and (i) To violate certain safety regulations
shall remain valid or effective only as BMC–34 for freight forwarders of are applicable to all motor carriers,
long as a surety bond or trust fund property other than household goods. shippers, receivers, and transportation
remains in effect and shall ensure the Form BMC–32 endorsements and Form intermediaries; and
financial responsibility of the freight BMC–34 certificates of insurance issued (ii) To violate certain commercial
forwarder. The requirements applicable to freight forwarders of property other regulations are applicable to all
to property broker surety bonds and than household goods that have been operators of commercial motor vehicles.
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(b) The rules in part 383 of this (7) Either a driver of a commercial involving a commercial motor vehicle
chapter, Commercial Driver’s License motor vehicle used primarily in the operating on a highway in interstate or
Standards; Requirements and Penalties, transportation of propane winter heating intrastate commerce which results in:
are applicable to every person who fuel or a driver of a motor vehicle used (i) A fatality;
operates a commercial motor vehicle, as to respond to a pipeline emergency, if (ii) Bodily injury to a person who, as
defined in § 383.5 of this subchapter, in such regulations would prevent the a result of the injury, immediately
interstate or intrastate commerce and to driver from responding to an emergency receives medical treatment away from
all employers of such persons. condition requiring immediate response the scene of the accident; or
(c) The rules in part 387 of this as defined in § 390.5T. (iii) One or more motor vehicles
chapter, Minimum Levels of Financial (g) Motor carriers that transport incurring disabling damage as a result of
Responsibility for Motor Carriers, are hazardous materials in intrastate the accident, requiring the motor
applicable to motor carriers as provided commerce. The rules in the following vehicle(s) to be transported away from
in § 387.3 or § 387.27 of this subchapter. provisions of this subchapter apply to the scene by a tow truck or other motor
(d) Additional requirements. Nothing motor carriers that transport hazardous vehicle.
in this subchapter shall be construed to materials in intrastate commerce and to (2) The term accident does not
prohibit an employer from requiring and the motor vehicles that transport include:
enforcing more stringent requirements hazardous materials in intrastate (i) An occurrence involving only
relating to safety of operation and commerce: boarding and alighting from a stationary
employee safety and health. (1) Part 385, subparts A and E, of this motor vehicle; or
chapter for carriers subject to the (ii) An occurrence involving only the
(e) Knowledge of and compliance with
requirements of § 385.403 of this loading or unloading of cargo.
the regulations. (1) Every employer shall Alcohol concentration (AC) means the
be knowledgeable of and comply with chapter.
(2) Part 386 of this chapter, Rules of concentration of alcohol in a person’s
all regulations contained in this blood or breath. When expressed as a
practice for motor carrier, broker, freight
subchapter which are applicable to that percentage it means grams of alcohol
forwarder, and hazardous materials
motor carrier’s operations. per 100 milliliters of blood or grams of
proceedings.
(2) Every driver and employee shall (3) Part 387 of this chapter, Minimum alcohol per 210 liters of breath.
be instructed regarding, and shall Levels of Financial Responsibility for Bus means any motor vehicle
comply with, all applicable regulations Motor Carriers, to the extent provided in designed, constructed, and/or used for
contained in this subchapter. § 387.3 of this chapter. the transportation of passengers,
(3) All motor vehicle equipment and (4) Section 390.19T, Motor carrier including taxicabs.
accessories required by this subchapter identification report, and § 390.21T, Business district means the territory
shall be maintained in compliance with Marking of CMVs, for carriers subject to contiguous to and including a highway
all applicable performance and design the requirements of § 385.403 of this when within any 600 feet along such
criteria set forth in this subchapter. chapter. Intrastate motor carriers highway there are buildings in use for
(f) Exceptions. Unless otherwise operating prior to January 1, 2005, are business or industrial purposes,
specifically provided, the rules in this excepted from § 390.19T(a)(1). including but not limited to hotels,
subchapter do not apply to— (h) Intermodal equipment providers. banks, or office buildings which occupy
(1) All school bus operations as On and after December 17, 2009, the at least 300 feet of frontage on one side
defined in § 390.5T, except for the rules in the following provisions of this or 300 feet collectively on both sides of
provisions of §§ 391.15(e) and (f), subchapter apply to intermodal the highway.
392.80, and 392.82 of this chapter. equipment providers: Charter transportation of passengers
(2) Transportation performed by the (1) Subpart F, Intermodal Equipment means transportation, using a bus, of a
Federal government, a State, or any Providers, of part 385 of this chapter, group of persons who pursuant to a
political subdivision of a State, or an Safety Fitness Procedures. common purpose, under a single
agency established under a compact (2) Part 386 of this chapter, Rules of contract, at a fixed charge for the motor
between States that has been approved Practice for Motor Carrier, Intermodal vehicle, have acquired the exclusive use
by the Congress of the United States; Equipment Provider, Broker, Freight of the motor vehicle to travel together
(3) The occasional transportation of Forwarder, and Hazardous Materials under an itinerary either specified in
personal property by individuals not for Proceedings. advance or modified after having left the
compensation nor in the furtherance of (3) This part, Federal Motor Carrier
place of origin.
a commercial enterprise; Safety Regulations; General, except Coerce or Coercion means either—
(4) The transportation of human § 390.15(b) concerning accident (1) A threat by a motor carrier,
corpses or sick and injured persons; registers. shipper, receiver, or transportation
(5) The operation of fire trucks and (4) Part 393 of this chapter, Parts and intermediary, or their respective agents,
rescue vehicles while involved in Accessories Necessary for Safe
officers or representatives, to withhold
Operation.
emergency and related operations; business, employment or work
(5) Part 396 of this chapter,
(6) The operation of commercial Inspection, Repair, and Maintenance. opportunities from, or to take or permit
motor vehicles designed or used to any adverse employment action against,
transport between 9 and 15 passengers § 390.5 [Suspended] a driver in order to induce the driver to
(including the driver), not for direct ■ 79. Suspend § 390.5. operate a commercial motor vehicle
compensation, provided the vehicle under conditions which the driver
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■ 80. Add § 390.5T to read as follows:
does not otherwise meet the definition stated would require him or her to
of a commercial motor vehicle, except § 390.5T Definitions. violate one or more of the regulations,
that motor carriers and drivers operating Unless specifically defined elsewhere, which the driver identified at least
such vehicles are required to comply in this subchapter: generally, that are codified at 49 CFR
with §§ 390.15, 390.19T, 390.21T(a) and Accident means— parts 171 through 173, 177 through 180,
(b)(2), 391.15(e) and (f), 392.80 and (1) Except as provided in paragraph 380 through 383, or 390 through 399, or
392.82 of this chapter. (2) of this definition, an occurrence § 385.415 or § 385.421T of this chapter,
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![5316 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
(1) Using at least one hand to hold a (3) If the next-to-last digit of its (2) The following applicants must
mobile telephone to conduct a voice USDOT Number is odd, the motor additionally pass a pre-authorization
communication; carrier or intermodal equipment safety audit as described below before
(2) Dialing or answering a mobile provider shall file its update in every being issued a USDOT Number:
telephone by pressing more than a odd-numbered calendar year. If the (i) A Mexico-domiciled motor carrier
single button; or next-to-last digit of the USDOT Number seeking to provide transportation of
(3) Reaching for a mobile telephone in is even, the motor carrier or intermodal property or passengers in interstate
a manner that requires a driver to equipment provider shall file its update commerce between Mexico and points
maneuver so that he or she is no longer in every even-numbered calendar year. in the United States beyond the
in a seated driving position, restrained (4) A person that fails to complete municipalities and commercial zones
by a seat belt that is installed in biennial updates to the information along the United States-Mexico
accordance with 49 CFR 393.93 and pursuant to paragraph (b)(2) of this international border must pass the pre-
adjusted in accordance with the vehicle section is subject to the penalties authorization safety audit under
manufacturer’s instructions. prescribed in 49 U.S.C. 521(b)(2)(B) or § 365.507T of this subchapter. The
United States means the 50 States and 49 U.S.C. 14901(a), as appropriate, and Agency will not issue a USDOT Number
the District of Columbia. deactivation of its USDOT Number. until expiration of the protest period
(c) Availability of forms. The forms provided in § 365.115 of this subchapter
§ 390.19 [SUSPENDED] described under paragraph (a) of this or—if a protest is received—after
■ 81. Suspend § 390.19. section and complete instructions are FMCSA denies or rejects the protest.
available from the FMCSA Web site at (ii) A non-North America-domiciled
■ 82. Add § 390.19T to read as follows:
http://www.fmcsa.dot.gov (Keyword motor carrier seeking to provide
§ 390.19T Motor carrier identification ‘‘MCS–150,’’ or ‘‘MCS–150B,’’ or ‘‘MCS– transportation of property or passengers
reports for certain Mexico-domiciled motor 150C’’); from all FMCSA Service Centers in interstate commerce within the
carriers. and Division offices nationwide; or by United States must pass the pre-
(a) Applicability. Each motor carrier calling 1–800–832–5660. authorization safety audit under
and intermodal equipment provider (d) Where to file. The required form § 385.607T(c) of this subchapter. The
must file Form MCS–150, Form MCS– under paragraph (a) of this section must Agency will not issue a USDOT Number
150B or Form MCS–150C with FMCSA be filed with the FMCSA Office of until expiration of the protest period
as follows: Registration and Safety Information. The provided in § 365.115 of this subchapter
(1) A U.S.-, Canada-, Mexico-, or non- form may be filed electronically or—if a protest is received—after
North America-domiciled motor carrier according to the instructions at the FMCSA denies or rejects the protest.
conducting operations in interstate Agency’s Web site, or it may be sent to (3) The motor carrier must display the
commerce must file a Motor Carrier Federal Motor Carrier Safety number on each self-propelled CMV, as
Identification Report, Form MCS–150. Administration, Office of Registration defined in § 390.5T, along with the
(2) A motor carrier conducting and Safety Information (MC–RS), 1200 additional information required by
operations in intrastate commerce and New Jersey Avenue SE., Washington, § 390.21T.
requiring a Safety Permit under 49 CFR DC 20590. (4) The intermodal equipment
part 385, subpart E, must file the provider must identify each unit of
(e) Special instructions for for-hire
Combined Motor Carrier Identification interchanged intermodal equipment by
motor carriers. A for-hire motor carrier
Report and HM Permit Application, its assigned USDOT number.
should submit the Form MCS–150, or
Form MCS–150B. (i) A motor carrier that registers its
Form MCS–150B, along with its
vehicles in a State that participates in
(3) Each intermodal equipment application for operating authority
the Performance and Registration
provider that offers intermodal (Form OP–1, OP–1(MX), OP–1(NNA) or
Information Systems Management
equipment for transportation in OP–2), to the appropriate address
(PRISM) program (authorized under
interstate commerce must file an referenced on that form, or may submit
section 4004 of the Transportation
Intermodal Equipment Provider it electronically or by mail separately to
Equity Act for the 21st Century [Public
Identification Report, Form MCS–150C. the address mentioned in paragraph (d)
Law 105–178, 112 Stat. 107]) is exempt
(b) Filing schedule. Each motor carrier of this section.
from the requirements of this section,
or intermodal equipment provider must (f) Only the legal name or a single provided it files all the required
file the appropriate form under trade name of the motor carrier or information with the appropriate State
paragraph (a) of this section at the intermodal equipment provider may be office.
following times: used on the forms under paragraph (a)
(1) Before it begins operations; and of this section (Form MCS–150, MCS– § 390.21 [Suspended]
(2) Every 24 months, according to the 150B, or MCS–150C). ■ 83. Suspend § 390.21.
following schedule: (g) A motor carrier or intermodal ■ 84. Add § 390.21T to read as follows:
equipment provider that fails to file the
Must file by form required under paragraph (a) of § 390.21T Marking of self-propelled CMVs
USDOT No. ending in last day of
this section, or furnishes misleading and intermodal equipment.
1 ........................................... January. information or makes false statements (a) General. Every self-propelled CMV
2 ........................................... February. upon the form, is subject to the subject to this subchapter must be
3 ........................................... March. penalties prescribed in 49 U.S.C. marked as specified in paragraphs (b),
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4 ........................................... April. 521(b)(2)(B). (c), and (d) of this section, and each unit
5 ........................................... May. (h)(1) Upon receipt and processing of of intermodal equipment interchanged
6 ........................................... June. the form described in paragraph (a) of or offered for interchange to a motor
7 ........................................... July. this section, FMCSA will issue the carrier by an intermodal equipment
8 ........................................... August. motor carrier or intermodal equipment provider subject to this subchapter must
9 ........................................... September.
0 ........................................... October.
provider an identification number be marked as specified in paragraph (g)
(USDOT Number). of this section.
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![5318 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
code and 6-digit unique identifying intermodal equipment intended for ■ 88. Add a new subpart E, consisting
number). interchange with a motor carrier. of § 390.200T, to read as follows:
(v) The USDOT number of the (d) Provide intermodal equipment
intermodal equipment provider is intended for interchange that is in safe Subpart E—URS Online Application
maintained in a database that is and proper operating condition.
available via real-time internet and (e) Maintain a system of driver vehicle § 390.200T USDOT Registration.
telephonic access. The database must: inspection reports submitted to the (a) Purpose. This section establishes
(A) Identify the name and USDOT intermodal equipment provider as who must register with FMCSA using
number of the intermodal equipment required by § 396.11 of this chapter. the Form MCSA–1, the URS online
provider responsible for the intermodal (f) Maintain a system of inspection,
repair, and maintenance records as application, beginning January 14, 2017.
equipment, in response to an inquiry
that includes: required by § 396.3(b)(3) of this chapter (b) Applicability. Notwithstanding
(i) SCAC plus trailing digits; or for equipment intended for interchange any other provisions of this part or 49
(ii) License plate number and State of with a motor carrier. CFR 385.305T(b)(2), a new applicant
license; or (g) Periodically inspect equipment private motor carrier or new applicant
(iii) VIN of the item of intermodal intended for interchange, as required exempt for-hire motor carrier subject to
equipment. under § 396.17 of this chapter. the requirements of this subchapter
(B) Offer read-only access for (h) At facilities at which the must file Form MCSA–1 with FMCSA to
inquiries on individual items of intermodal equipment provider makes identify its operations with the Federal
intermodal equipment, without intermodal equipment available for Motor Carrier Safety Administration for
requiring advance user registration, a interchange, have procedures in place,
safety oversight. Form MCSA–1 is the
password, or a usage fee. and provide sufficient space, for drivers
URS online application, and both the
to perform a pre-trip inspection of
§ 390.40 [SUSPENDED] tendered intermodal equipment. application and its instructions are
■ 85. Suspend § 390.40. (i) At facilities at which the available from the FMCSA Web site at
intermodal equipment provider makes http://www.fmcsa.dot.gov/urs.
■ 86. Add § 390. 40T to read as follows:
intermodal equipment available for (c) Definition. For purposes of this
§ 390.40T What responsibilities do interchange, develop and implement section, a ‘‘new applicant’’ is an entity
intermodal equipment providers have under procedures to repair any equipment applying for operating authority
the Federal Motor Carrier Safety damage, defects, or deficiencies
Regulations (49 CFR parts 350 through registration and a USDOT number who
identified as part of a pre-trip does not at the time of application have
399)?
inspection, or replace the equipment, an active registration or USDOT, Motor
An intermodal equipment provider prior to the driver’s departure. The
must— Carrier (MC), Mexican owned or
repairs or replacement must be made controlled (MX), or Freight Forwarder
(a) Identify its operations to the after being notified by a driver of such
FMCSA by filing the Form MCS–150C (FF) number, and who has never had an
damage, defects, or deficiencies.
required by § 390.19T. (j) Refrain from placing intermodal active registration or USDOT, MC, MX,
(b) Mark its intermodal equipment equipment in service on the public or FF number.
with the USDOT number as required by highways if that equipment has been Issued under authority delegated under 49
§ 390.21T before tendering the found to pose an imminent hazard, as CFR 1.87 on: December 23, 2016.
equipment to a motor carrier. defined in § 386.72(b)(3) of this chapter.
(c) Systematically inspect, repair, and T.F. Scott Darling III,
maintain, or cause to be systematically Subpart E—[SUSPENDED] Administrator.
inspected, repaired, and maintained, in [FR Doc. 2016–31706 Filed 1–13–17; 8:45 am]
a manner consistent with § 396.3(a)(1) of ■ 87. Suspend subpart E, consisting of BILLING CODE 4910–EX–P
this chapter, as applicable, all §§ 390.201 through 390.209.
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Document Created: 2017-01-14 01:44:54
Document Modified: 2017-01-14 01:44:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; suspension of effective date and temporary final rule. | |
| Dates | Effective Dates: This rule is effective January 14, 2017. | |
| Contact | Mr. Kenneth Riddle, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-9616 or via email at [email protected] Office hours are from 8:00 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays. | |
| FR Citation | 82 FR 5292 | |
| RIN Number | 2126-AC00 | |
| CFR Citation | 49
CFR
360 49 CFR 365 49 CFR 366 49 CFR 368 49 CFR 385 49 CFR 387 49 CFR 390 | |
| CFR Associated | Administrative Practice and Procedure; Brokers; Buses; Freight Forwarders; Hazardous Materials Transportation; Highway Safety; Insurance; Motor Carriers; Motor Vehicle Safety; Moving of Household Goods; Penalties; Reporting and Recordkeeping Requirements; Surety Bonds; Process Agents; Freight; Intergovernmental Relations and Intermodal Transportation |
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