[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Rules and Regulations]
[Pages 5292-5318]
[FR Doc No: 2016-31706]

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

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

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<PHONE_NUMBER>
or via email at<EMAIL_ADDRESS>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.gpo.gov/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

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

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.

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

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.

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

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

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

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.

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

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<PHONE_NUMBER>); 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.

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

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<PHONE_NUMBER>; 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

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;

    (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.

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...........................................
------------------------------------------------------------------------

    (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).

    (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