serve as a proxy to determine the carrier size that would qualify as a
small business given the Small Business Administration (SBA) revenue
threshold. In order to produce this estimate, it is necessary to
determine the average revenue generated by a PU.
---------------------------------------------------------------------------

    \76\ Due to data availability issues, FMCSA discusses the
determination of a small entity based on revenue for carriers. The
burden calculations, however, consider the impacts on all entities
engaging in interstate commerce.
---------------------------------------------------------------------------

    With regard to truck PUs, the Agency determined in the Electronic
On-Board Recorders and Hours-of-Service Supporting Documents Rulemaking
RIA \77\ that a PU produces about $174,000 in revenue annually
(adjusted for inflation to 2010 dollars).\78\ According to the SBA,
motor carriers with annual revenue of $25.5 million are considered
small businesses.\79\ This equates to 147 PUs (146.55 = $25,500,000/
$174,000). Thus, FMCSA

considers motor carriers of property with 147 PUs or fewer to be small
businesses for purposes of this analysis. The Agency then looked at the
number and percentage of property carriers with recent activity that
would fall under that definition (of having 147 PUs or fewer). The
results show that at least 99 percent of all interstate property
carriers with recent activity have 147 PUs or fewer.\80\ This amounts
to 515,000 carriers (99 percent of 520,000 active motor carriers =
514,800, rounded to the nearest thousand). Therefore, an overwhelming
majority of interstate carriers of property would be considered small
entities.
---------------------------------------------------------------------------

    \77\ FMCSA Regulatory Analysis, ``Electronic On-Board Recorders
and Hours of Service Supporting Documents,'' NPRM. FR: 76: 41
(February 1, 2011) p. 5537. (68 FR 22456, April 23, 2003).
    \78\ GDP Deflator. Available from the Bureau of Economic
Analysis online at http://www.bea.gov/national/nipaweb/TableView.asp?SelectedTable=13&Freq=Qtr&FirstYear=2006&LastYear=2008.

    \79\ U.S. Small Business Administration Table of Small Business
Size Standards matched to North American Industry Classification
(NAIC) System codes, effective August 22, 2008. See NAIC subsector
484, Truck Transportation.
    \80\ MCMIS, as of June 17, 2010.
---------------------------------------------------------------------------

    With regards to bus power units, the Agency conducted a preliminary
analysis to estimate the average number of power units (PUs) for a
small entity earning $7 million annually,\81\ based on an assumption
that a passenger carrying CMV generates annual revenues of $150,000.
This estimate compares reasonably to the estimated average annual
revenue per power unit for the trucking industry ($172,000). A lower
estimate was used because buses generally do not accumulate as many VMT
per power unit as trucks,\82\ and it is assumed therefore that they
would generate less revenue on average. The analysis concluded that
passenger carriers with 47 PUs or fewer ($7,000,000 divided by
$150,000/PU = 46.7 PU) would be considered small entities. The Agency
then looked at the number and percentage of passenger carriers
registered with FMCSA that would fall under that definition (of having
47 PUs or less). The results show that 28,838 \83\ (or 99 percent) of
all active registered passenger carriers have 47 PUs or less.
Therefore, the overwhelming majority of passenger carriers would be
considered small entities.
---------------------------------------------------------------------------

    \81\ The SBA increased the annual revenue small business
threshold for passenger carriers from $7 million to $14 million in a
final rule titled, ``Small Business Standards: Transportation and
Warehousing. (77 FR 10943, published February 24, 2012) The
preparation of this Regulatory Flexibility Act Analysis preceded the
publication of that final rule and the publication of FMCSA's
upcoming new motor carrier counts. Both changes are not expected to
impact the general conclusions of this Regulatory Flexibility Act
Analysis.
    \82\ FMCSA Large Truck and Bus Crash Facts 2008, Tables 1 and
20; http://www.fmcsa.dot.gov/facts-research/LTBCF2008/Index-2008Large TruckandBusCrashFacts.aspx.
    \83\ FMCSA MCMIS snapshot on 2/19/2010.
---------------------------------------------------------------------------

    This 147 PU figure for trucks would be applicable to private
carriers as well: because the sizes of the fleets they are able to
sustain are indicative of the overall size of their operations, large
CMV fleets can generally only be managed by large firms. There is a
risk, however, of overstating the number of small businesses because
the operations of some large non-truck or bus firms may require only a
small number of CMVs.
    This rule will affect roughly 600,000 small carriers with recent
activity annually on an ongoing basis.\84\ The Agency expects a larger
number of affected entities in the first year of the analysis period
when exempt for-hire carriers with recent activity and private carriers
with recent activity make administrative filings for the first time.
The first-year costs of the URS rule on new entrants will be equal to
0.249 percent of average revenue for a trucking motor carrier and 0.286
percent of average revenue for a passenger motor carrier. The first-
year costs of the URS rule on carriers with recent activity will be
equal to 0.064 percent of average revenue for a trucking motor carrier
and 0.073 percent of average revenue for a passenger motor carrier.
---------------------------------------------------------------------------

    \84\ This population estimate originates from tables 1 and 2,
above. FMCSA used the median year estimate to account for the net
growth in new entrants and the carriers with recent activity.
---------------------------------------------------------------------------

    (4) A description of the reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities that will be subject to the requirements and
the type of professional skills necessary for preparation of the report
or record. This rule primarily concerns submission of information to
FMCSA in support of registration. While this includes recordkeeping and
reporting for non-exempt for-hire carriers, there will only be the
replacement of one type of reporting with another. Therefore, there is
no increase in reporting or recordkeeping requirements for non-exempt
for-hire carriers. Non-exempt for-hire carriers are already required to
pay a $300 registration fee, so there will be no change in financial
burden for these entities as a result of the Agency's implementation of
the rule. Private and exempt for-hire carriers will have the same
replacement reporting and recordkeeping requirements as non-exempt for-
hire carriers regarding general registration but will also have to
designate a process agent for the first time under the rule. Exempt
for-hire and private HM carriers will have to file proof of insurance
for the first time. These requirements are new but will not impose
significant reporting or recordkeeping requirements on the affected
entities, as the filings will be made by insurance companies on the
carriers' behalf. New entrant exempt for-hire carriers, private
carriers, and other entities are not currently required to pay a
registration fee but will be required to pay a $300 registration fee
under the rule. For nearly all affected entities, this fee will
represent a small fraction (well below one percent, even for very small
firms that do little more than operate a single truck) of their annual
revenues; on an annualized basis the cost will be even smaller. The
FMCSA will require property brokers and freight forwarders to register
with FMCSA and obtain USDOT Numbers under the rule, which is a new
requirement. However, these entities already register with FMCSA and
the USDOT Number will simply be a replacement for the MC Numbers or FF
Numbers currently issued to brokers and freight forwarders,
respectively. The new reporting or recordkeeping requirements will not
impose any significant burden. Like non-exempt for-hire carriers, new
entrant brokers and freight forwarders are currently required to pay a
$300 registration fee, so there will be no change in financial burden
on these entities.
    The FMCSA does not expect that any special skills for new
applicants will be necessary beyond the ability to access the Internet
and respond to questions with information about their organization and
operations.
    (5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with this rule.
The FMCSA is aware of Federal rules that may duplicate this rule to
some extent for hazardous materials motor carriers required to
register. Although some basic identification information may be filed
with both FMCSA and PHMSA, another USDOT modal administration, there is
no conflict. PHMSA requires shippers and transporters of certain types
and quantities of hazardous materials to register in its Hazardous
Materials Registration System. Transportation modes required to
register with PHMSA include motor carriers, airlines, ship lines, and
railroads. The PHMSA Hazardous Materials Registration System cannot be
combined with URS because entities other than those under FMCSA
jurisdiction must register in PHMSA's system.
    (6) A description of any significant alternatives to the rule which
minimize any significant impacts on small entities. The Agency has not
identified any significant alternatives to the rule that could lessen
the burden on small entities without compromising its goals or
statutory mandate. Because small businesses are such a large part of
the demographic the Agency regulates, providing alternatives to small
business to permit noncompliance with FMCSA

regulations is not feasible and not consistent with sound public
policy.

C. Unfunded Mandates Reform Act of 1995

    The 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 $143.1
million (which is the value equivalent of $100,000,000 in 1995,
adjusted for inflation to 2010 levels) or more in any 1 year.

D. National Environmental Policy Act

    The Agency analyzed this 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, the 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. This rule was mandated
under section 103 of the ICCTA. It will consolidate and simplify the
Federal registration processes and increase public accessibility to
data about interstate and foreign motor carriers, property brokers,
freight forwarders, and other entities.

E. Paperwork Reduction Act \85\
---------------------------------------------------------------------------

    \85\ 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 this rule and determined that its
implementation will streamline the information collection burden on
motor carriers and other regulated entities, relative to the baseline,
or current paperwork collection processes. This includes 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. Because FMCSA plans to implement new filing requirements
upon certain groups of entities during the first year, the initial
filing population and corresponding burden is higher than in subsequent
years when carriers only need to update the information. This is
primarily due to the assumption that all existing private and exempt
for-hire carriers will file proof of process agent designation in the
first year and the existing private motor carriers transporting
hazardous materials interstate and exempt-for-hire carriers will file
evidence of insurance, as a result of the new requirements set forth in
this rule. However, once the initial process agent and insurance filing
requirements for existing carriers are met, the overall net result will
be a more streamlined process in future years for FMCSA registration of
motor carriers, brokers, freight-forwarders, and other entities the
Agency regulates.
    This rule will create a new information collection to cover the
requirements set forth in FMCSA Form MCSA-1. There are also five
approved information collections that will be affected by this rule as
follows: (1) OMB Control No. 2126-0013, titled ``Motor Carrier
Identification Report;'' (2) OMB Control No. 2126-0015, titled
``Designation of Agents, Motor Carriers, Brokers and Freight
Forwarders;'' (3) OMB Control No. 2126-0016, titled ``Licensing
Application for Motor Carrier Operating Authority;'' (4) OMB Control
No. 2126-0017, titled ``Financial Responsibility, Trucking, and Freight
Forwarding;'' and (5) OMB Control No. 2126-0019, titled ``Application
for Certificate of Registration for Foreign Motor Carriers and Foreign
Motor Private Carriers.'' The new MCSA-1 Form will replace the forms
covered by 2126-0013, 0016, and 0019. The rule will also increase the
number of entities that will be required to file information on process
agents (2126-0015) and insurance coverage (2126-0017).
    The total burden for the five approved information collections
noted above is 225,739 hours. The table below captures the burden hours
associated with the five approved information collections.

                                         Information Collection Burdens
----------------------------------------------------------------------------------------------------------------
                                                         Burden hours        Burden hours
                  OMB Approval No.                    currently approved     proposed \1\           Change
----------------------------------------------------------------------------------------------------------------
2126-NEW............................................                   0             205,412             205,412
2126-0013...........................................             109,005                   0           (109,005)
2126-0015...........................................               5,833              60,371              54,538
2126-0016...........................................              55,143                   0            (55,143)
2126-0017...........................................              54,158              68,391              14,233

2126-0019...........................................               1,600                   0             (1,600)
                                                     -----------------------------------------------------------
    Total...........................................             225,739             334,174             108,435
----------------------------------------------------------------------------------------------------------------
\1\ The figures in this column reflect first year information collection burdens. Many of these information
  collections will significantly decrease in later years.
Note: Numbers may not add due to rounding.

    An explanation of how each of the six information collections shown
above is affected by this rule is provided below.
    OMB Control No. 2126-NEW, titled ``Unified Registration System,
Form MCSA-1.'' The new form replaces the forms covered by three
existing information collections--OMB Control Numbers 2126-0013, 2126-
0016, and 2126-0019. The estimated time to complete the form for
purposes of new applicant registration, biennial updates, notification
of changes, notification of transfers in operating authority, and
reinstatements is 205,412 burden hours [147,038 hours for new
applicants (61,280 new motor carriers, brokers, freight forwarders, and
other entities x 1.34 hours per form + 48,450 intrastate non-hazmat
carriers x 1.34 hours per form) + 55,877 hours for biennial updates
(292,000 motor carriers, brokers, freight forwarders, and other
entities + 43,265 intrastate non-hazmat applicants required to file in
year one x 10 minutes per form, divided by 60 minutes/hr) + 2,017 hours
for name/address change requests (12,103 requests x 0.167 hours) + 165
hours for notification of transfer (987 x 0.167 hours) + 315
reinstatements (1,891 x 0.167 hours)].
    OMB Control No. 2126-0013, titled ``Motor Carrier Identification
Report, Applications for USDOT Number.'' All of the requirements under
this information collection covering the MCS-150, MCS-150B, and MCS-
150C forms are folded into OMB Control No. 2126-NEW (see above) and the
forms replaced by the MCSA-1 Form. Forms MCS-150 and OP-1(MX) will be
retained for the small number of Mexico-domiciled carriers that seek
authority to operate beyond the United States municipalities on the
United States-Mexico border and their commercial zones because they are
not included within the scope of the URS rule.
    OMB Control No. 2126-0015, titled ``Designation of Agents, Motor
Carriers, Brokers, and Freight Forwarders.'' This information
collection, which requires motor carriers and others to designate
process agents that can be served with legal papers, was approved at
5,833 burden hours. This information collection increased to 60,371
burden hours [327,226 new applicants x 10 minutes per filing/60
minutes/hr + 35,000 currently file the BOC-3 x 10 minutes per filing/60
minutes/hr]. This increase was due to FMCSA's proposal to extend the
designation of process agent filing requirement to include private
motor carriers and exempt for-hire motor carriers. The FMCSA assumed
that no existing private or exempt for-hire motor carriers had process
agents on file and that all designated agents with FMCSA as a result of
the proposed requirements set forth in this rule.
    OMB Control No. 2126-0016, titled ``Licensing Applications for
Motor Carrier Operating Authority.'' This information collection, which
covers for-hire carriers, freight forwarders, and property brokers, was
approved at 55,143 burden hours. Under this action, all requirements
included in this information collection are folded into OMB Control No.
2126-NEW (see above) and the forms replaced by the MCSA-1. Basic
identification information that applicants complete on these forms and
MCS-150 forms will only need to be completed once under this rule.
    OMB Control No. 2126-0017, titled ``Financial Responsibility--Motor
Carriers, Freight Forwarders and Brokers.'' This information
collection, which in almost all cases requires insurers to file a
certification of coverage for certain entities, was approved at 54,158
burden hours. Changes were required to this information collection due
to FMCSA's requirement for exempt for-hire motor carriers and private
interstate motor carriers of hazardous materials to file proof of
liability insurance with FMCSA. As all but a few of these filings are
electronic (self-insurance filings will still be done on paper), the
time required is adjusted downward to reflect the efficiencies gained.
The revised burden is 68,391 hours [409,149 filings x 10 minutes/60
plus 5 self-insurance filings x 40 hrs].
    OMB Control No. 2126-0019, titled ``Application for Certificate of
Registration for Foreign Motor Carriers and Foreign Motor Private
Carriers.'' Under this proposal, the requirements included in this
approved information collection for the OP-2 Form, which covers
operating authority for Mexico-domiciled carriers that operate solely
in the commercial zones on the border, are folded into OMB Control No.
2126-NEW (see above), resulting in a net decrease of 1,600 burden
hours.
    The actions contained in this rule, affecting five approved
information collections and one new information collection, result in a
net increase of 108,435 burden hours in the Agency's information
collection budget for the first year.

F. Executive Order 12630 (Taking of Private Property)

    This rule will not affect 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 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 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 program.

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 is a procedural action, 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 of this 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 considers any
impacts of the final rule on the privacy of information in an
identifiable form and related matters. FMCSA has determined that this
rule will impact the handling of personally identifiable information
(PII). FMCSA has also determined the risks and effects the rulemaking
might have on collecting, storing, and sharing PII and has examined and
evaluated protections and alternative information handling processes in
order to mitigate potential privacy risks. The PIA for this rule is
available for review in the docket.

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.

49 CFR Part 392

    Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
parts 360, 365, 366, 368, 385, 387, 390, and 392 as set forth below:

0
1. Revise part 360 to read as follows:

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

Sec.
360.1 Fees for registration-related services.
360.3 Filing fees.
360.5 Updating user fees.

    Authority:  31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87.

Sec.  360.1  Fees for registration-related services.

    Certifications and copies of public records and documents on file
with the Federal Motor Carrier Safety Administration (FMCSA) will be
furnished on the following basis, pursuant to USDOT Freedom of
Information Act regulations at 49 CFR part 7:
    (a) Certificate of the Director, Office of Management and
Information Services, as to the authenticity of documents, $12;
    (b) Service involved in locating records to be certified and
determining their authenticity, including clerical and administrative
work, at the rate of $21 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 will be made for
this service; and
    (d) Search and copying services requiring information technology
(IT), as follows:
    (1) A fee of $50 per hour for professional staff time will be
charged when it is required to fulfill a request for electronic 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 Information Technology (MC-RI).
    (3) Printing will be charged at the rate of $.10 per page of
computer-generated output with a minimum charge of $1. There will also
be a charge for the media provided (e.g., CD ROMs) based on the
Agency's costs for such media.
    (e) Exception. No fee shall be charged under this section to the
following entities:
    (1) Any Agency of the Federal Government or a State government or
any political subdivision of any such government for access to or
retrieval of information and data from the Unified Carrier Registration
System for its own use; or
    (2) Any representative of a motor carrier, motor private carrier,
broker, or freight forwarder (as each is defined in 49 U.S.C. 13102)
for the access to or retrieval of the information related to such
entity from the Unified Carrier Registration System for the individual
use of such entity.

Sec.  360.3  Filing fees.

    (a) Manner of payment. (1) Except for the insurance fees described
in the next sentence, all filing fees must be paid at the time the
application, petition, or other document is electronically filed. 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 FMCSA in accordance with paragraph (a)(2) of this section.
    (2) Billing account procedure. A request must be submitted to the
Office of Registration and Safety Information (MC-RS) at http://www.fmcsa.dot.gov 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 that 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 31 CFR 901.9.
    (ii) The Federal Claims Collection Standards, including disclosure
to consumer reporting agencies and the use of collection agencies, as
set forth in 31 CFR part 901, will be utilized to encourage payment
where appropriate.
    (iii) An account holder who files a petition for bankruptcy or who
is the subject of a bankruptcy proceeding must provide the following
information to the Office of Registration and Safety Information (MC-
RS) at http://www.fmcsa.dot.gov:
    (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 through the U.S. Department of Treasury
secure payment system, Pay.gov, and are made directly from the payor's
bank account or by credit/debit card.
    (b) Any filing that is not accompanied by the appropriate filing
fee will be rejected.
    (c) Fees not refundable. Fees will be assessed for every filing
listed in the schedule of fees contained in paragraph (f) of this
section, titled, ``Schedule of filing fees,'' 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 FMCSA, 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) Multiple authorities. (1) A separate filing fee is required for
each type of authority sought, for example broker authority requested
by an entity that already holds motor property carrier authority or
multiple types of authority requested in the same application.
    (2) Separate fees will be assessed for the filing of temporary
operating authority applications as provided in paragraph (f)(2) of
this section, regardless of whether such applications are related to an
application for corresponding permanent operating authority.
    (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 follows:
    (1) Filing fees are waived for an application that 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) Filing fees are waived for a motor carrier of passengers that
receives a grant from the Federal Transit Administration either
directly or through a third-party contract to provide passenger
transportation under an agreement with a State or local government
pursuant to 49 U.S.C. 5307, 5310, 5311, 5316, or 5317.
    (3) The FMCSA will consider other requests for waivers or fee
reductions only in extraordinary situations and in accordance with the
following procedure:
    (i) When to request. At the time that a filing is submitted to
FMCSA, 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 Registration and Safety Information.
    (ii) Basis. The applicant must show that 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 requester.
    (iii) FMCSA action. The Director, Office of Registration and Safety
Information, 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: Registration
    (1).......................  An application for      $300.
                                 USDOT Registration
                                 pursuant to 49 CFR
                                 part 390, subpart E.
    (2).......................  An application for      $100.
                                 motor carrier
                                 temporary authority
                                 to provide emergency
                                 relief in response to
                                 a national emergency
                                 or natural disaster
                                 following an
                                 emergency declaration
                                 under Sec.   390.23
                                 of this subchapter.
    (3).......................  Biennial update of      $0.
                                 registration..
    (4).......................  Request for change of   $0.
                                 name, address, or
                                 form of business.
    (5).......................  Request for             $0.
                                 cancellation of
                                 registration.
    (6).......................  Request for             $10.
                                 registration
                                 reinstatement.
    (7).......................  Designation of process  $0.
                                 agent.
    (8).......................  Notification of         $0.
                                 Transfer of Operating
                                 Authority.
Part II: Insurance
    (9).......................  A service fee for       $10 per accepted
                                 insurer, surety, or     certificate,
                                 self-insurer accepted   surety bond or
                                 certificate of          other
                                 insurance, surety       instrument
                                 bond, and other         submitted in
                                 instrument submitted    lieu of a
                                 in lieu of a broker     broker surety
                                 surety bond.            bond.
    (10)......................  (i) An application for  $4,200.
                                 original
                                 qualification as self-
                                 insurer for bodily
                                 injury and property
                                 damage insurance
                                 (BI&PD).
                                (ii) An application     $420.
                                 for original
                                 qualification as self-
                                 insurer for cargo
                                 insurance.
------------------------------------------------------------------------

Sec.  360.5  Updating user fees.

    (a) Update. Each fee established in this subpart may be updated, as
deemed necessary by FMCSA.
    (b) Publication and effective dates. Notice of 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
filing fee is established must pay the fee applicable on the date of
the filing or request for services.
    (d) Method of updating fees. Each fee shall be updated by updating
the cost components comprising the fee. However, fees shall not exceed
the maximum amounts established by law. 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 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 shall 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
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 shall be
accomplished by applying the current percentage factor to updated
direct labor, including current governmental overhead and current
operations overhead costs.
    (ii) The FMCSA general and administrative costs shall be developed
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 shall 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.
    (e) Rounding of updated fees. Updated fees shall be rounded as
follows. (This rounding procedure excludes copying, printing and search
fees.)
    (1) Fees between $1 and $30 shall be rounded to the nearest $1;
    (2) Fees between $30 and $100 shall be rounded to the nearest $10;
    (3) Fees between $100 and $999 shall be rounded to the nearest $50;
and
    (4) Fees above $1,000 shall be rounded to the nearest $100.

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
2. 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.

0
3. Amend Sec.  365.101 by revising paragraphs (a) and (h) to read as
follows:

Sec.  365.101  Applications governed by these rules.

* * * * *
    (a) Applications for certificates of motor carrier registration to
operate as a motor carrier of property or passengers.
* * * * *
    (h) Applications for Mexico-domiciled motor carriers to operate in
foreign commerce as for-hire or private motor carriers of property
(including exempt items) between Mexico and all points in the United
States. Under NAFTA Annex 1, 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.
* * * * *

Sec.  365.103  [Removed and Reserved]

0
4. Remove and reserve Sec.  365.103.

0
5. Revise Sec.  365.105 to read as follows:

Sec.  365.105  Starting the application process: Form MCSA-1, FMCSA
Registration/Update (USDOT Number--Operating Authority Application).

    (a) Each applicant must apply for operating authority by
electronically filing Form MCSA-1, FMCSA Registration/Update (USDOT
Number--Operating Authority Application), to request authority pursuant
to 49 U.S.C. 13902, 13903 or 13904 to operate as a:
    (1) Motor carrier of property or passengers,
    (2) Broker of general commodities or household goods, or
    (3) Freight forwarder of general commodities or household goods.
    (b) A separate filing fee in the amount set forth at 49 CFR
360.3(f) is required for each type of authority sought in Sec.
365.105(a).
    (c) Form MCSA-1 is an electronic application and is available,
including complete instructions, from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword ``MCSA-1'').

0
6. Revise Sec.  365.107 to read as follows:

Sec.  365.107  Types of applications.

    (a) Fitness applications. Motor property applications and certain
types of motor passenger applications require 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 carrier of property (except household goods).
    (2) Broker of general commodities or household goods.
    (3) Certain types of motor carrier of passenger applications as
described in Form MCSA-1.
    (b) Motor carrier of passenger ``public interest'' applications as
described in Form MCSA-1.
    (c) Intrastate motor passenger applications under 49 U.S.C.
13902(b)(3) as described in Form MCSA-1.
    (d) Motor carrier of household goods applications, including
Mexico- or non-North America-domiciled carrier applicants. In addition
to meeting the fitness standard under paragraph (a) of this section, an
applicant seeking authority to operate as a motor carrier of household
goods must:
    (1) Provide evidence of participation in an arbitration program and
provide a copy of the notice of the arbitration program as required by
49 U.S.C. 14708(b)(2);
    (2) Identify its tariff and provide a copy of the notice of the
availability of that tariff for inspection as required by 49 U.S.C.
13702(c);
    (3) Provide evidence that it has access to, has read, is familiar
with, and will observe all applicable Federal laws relating to consumer
protection, estimating, consumers' rights and

responsibilities, and options for limitations of liability for loss and
damage; and
    (4) Disclose any relationship involving common stock, common
ownership, common management, or common familial relationships between
the applicant and any other motor carrier, freight forwarder, or broker
of household goods within 3 years of the proposed date of registration.
    (e) Temporary authority (TA) for motor 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.
    (1) Applications for TA will be entertained only when an emergency
declaration has been made pursuant to Sec.  390.23 of this subchapter.
    (2) Temporary authority must be requested by filing Form MCSA-1.
    (3) Applications for temporary authority are not subject to
protest.
    (4) Motor carriers granted temporary authority must comply with
financial responsibility requirements under part 387 of this
subchapter.
    (5) Only a U.S.-domiciled motor carrier is eligible to receive
temporary authority.

0
7. Amend Sec.  365.109 by revising paragraphs (a)(5) and (6) and (b) to
read as follows:

Sec.  365.109  FMCSA review of the application.

    (a) * * *
    (5) All applicants must file the appropriate evidence of financial
responsibility pursuant to 49 CFR part 387 within 90 days from the date
notice of the application 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; and 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 Agents--
Motor Carriers, Brokers and Freight Forwarders--within 90 days from the
date notice of the application is published in the FMCSA Register.
* * * * *
    (b) A summary of the application will be published in the FMCSA
Register to give notice to the public in case anyone wishes to oppose
the application.

0
8. Add Sec.  365.110 to read as follows:

Sec.  365.110  Need to complete New Entrant Safety Assurance Program.

    For motor carriers operating commercial motor vehicles as defined
in 49 U.S.C. 31132, operating authority obtained under procedures in
this part does not become permanent until the applicant satisfactorily
completes the New Entrant Safety Assurance Program in part 385 of this
subchapter.

0
9. Amend Sec.  365.111 by revising paragraph (a) to read as follows:

Sec.  365.111  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, Office of
Registration and Safety Information, 1200 New Jersey Ave. SE.,
Washington, DC 20590, within 10 days of the date of the letter of
rejection.
* * * * *

0
10. Revise Sec.  365.119 to read as follows:

Sec.  365.119  Opposed applications.

    If the application is opposed, opposing parties are required to
send a copy of their protest to the applicant and to FMCSA. All
protests must include statements made under oath (verified statements).
There are no personal appearances or formal hearings.

0
11. Revise Sec.  365.201 to read as follows:

Sec.  365.201  Definitions.

    A person wishing to oppose a request for operating authority files
a protest. A person filing a valid protest is known as a protestant.

0
12. Revise Sec.  365.203 to read as follows:

Sec.  365.203  Time for filing.

    A protest shall be filed (received at the FMCSA, Office of the
Associate Administrator for Research and Information Technology, 1200
New Jersey Ave. SE., Washington, DC 20590) 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  [Removed and Reserved]

0
13. Remove and reserve Sec.  365.301.

0
14. Revise Subpart D to read as follows:
Subpart D--Transfers of Operating Authority
Sec.
365.401 Scope of rules.
365.403 Definitions.
365.405 Reporting requirement.

Subpart D--Transfers of Operating Authority

Sec.  365.401  Scope of rules.

    The rules in this subpart define the procedures for motor carriers,
property brokers, and freight forwarders to report to FMCSA
transactions that result in the transfer of operating authority and are
not subject to approval by the U.S. Surface Transportation Board under
49 U.S.C. 14303.

Sec.  365.403  Definitions.

    For the purposes of this subpart, the following definitions apply:
    (a) Transfer. A transfer means any transaction in which an
operating authority issued to one person is taken over by another
person or persons who assume legal responsibility for the operations.
Such transactions include a purchase of all or some of the assets of a
company, a merger of two or more companies, or acquisition of
controlling interest in a company through a purchase of company stock.
    (b) Operating authority. Operating authority means a registration
required by 49 U.S.C. 13902 issued to motor carriers; 49 U.S.C. 13903
issued to freight forwarders; and 49 U.S.C. 13904 issued to brokers.
    (c) Person. An individual, partnership, corporation, company,
association, or other form of business, or a trustee, receiver,
assignee, or personal representative of any of these entities.

Sec.  365.405  Reporting requirement.

    (a) Every transfer of operating authority from one person to
another person must be reported by both the transferee and transferor
on Form MCSA-1, in accordance with Sec.  390.201(d)(5) of this
subchapter.
    (b) The following information must be furnished:
    (1) Full name, address and USDOT Numbers of the transferee and
transferor.
    (2) A copy of the operating authority being transferred.

0
15. Amend Sec.  365.507 by revising paragraph (e)(2) to read as
follows:

Sec.  365.507  FMCSA action on the application.

* * * * *
    (e) * * *

    (2) Electronically file, or have its process agent(s)
electronically file, Form BOC-3--Designation of Agents--Motor Carriers,
Brokers and Freight Forwarders, as required by part 366 of this
subchapter; and
* * * * *

0
16. Amend Sec.  365.509 by revising paragraph (a) to read as follows:

Sec.  365.509  Requirement to notify FMCSA of change in applicant
information.

    (a) A motor carrier subject to this subpart must notify FMCSA of
any changes or corrections to the information in parts I, IA, or II of
Form OP-1(MX), or in 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 FMCSA in writing within 30 days of the change or correction.
* * * * *

PART 366--DESIGNATION OF PROCESS AGENT

0
17. 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.

0
18. Revise Sec.  366.1 to read as follows:

Sec.  366.1  Applicability.

    The rules in this part, relating to the filing of designations of
persons upon whom court or Agency process may be served, apply to for-
hire and private motor carriers, brokers, freight forwarders and, as of
the moment of succession, their fiduciaries (as defined at 49 CFR
387.319(a)).

0
19. Effective April 25, 2016, revise Sec.  366.2 to read as follows:

Sec.  366.2  Form of designation.

    (a) Designations shall be made on Form BOC-3--Designation of
Agents--Motor Carriers, Brokers and Freight Forwarders. 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, broker or freight forwarder at its principal place of
business.
    (b) Private motor carriers and for-hire motor carriers engaged in
transportation exempt from economic regulation by FMCSA under 49 U.S.C.
chapter 135 that are registered with FMCSA as of October 22, 2013 must
file a Form BOC-3 designation by no later than April 25, 2016. Failure
to file a designation in accordance with this paragraph will result in
deactivation of the carrier's USDOT Number.

0
20. Revise Sec.  366.3 to read as follows:

Sec.  366.3  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.

0
21. Revise Sec.  366.4 to read as follows:

Sec.  366.4  Required States.

    (a) Motor carriers. Every motor carrier must designate process
agents for all 48 contiguous States and the District of Columbia,
unless its operating authority registration is limited to fewer than 48
States and DC When a motor carrier's operating authority registration
is limited to fewer than 48 States and DC, it must designate process
agents for each State in which it is authorized to operate and for each
State traversed during such operations. Every motor carrier 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,
including DC, in which its offices are located or in which contracts
will be written.
    (c) Freight forwarders. Every freight forwarder shall make a
designation for each State, including DC, in which its offices are
located or in which contracts will be written.

0
22. Revise Sec.  366.5 to read as follows:

Sec.  366.5  Blanket designations.

    Where an association or corporation has filed with the FMCSA a list
of process agents for each State and DC (blanket agent), motor
carriers, brokers and freight forwarders may make the required
designations by using the following statement:
    I designate 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 (or arrange)
as an entity of motor vehicle transportation, including States
traversed during such operations, except those States for which
individual designations are named.

0
23. Revise Sec.  366.6 to read as follows:

Sec.  366.6  Cancellation or change.

    (a) A designation may be canceled or changed only by a new
designation made by the motor carrier, broker, or freight forwarder, or
by the process agent or company filing a blanket designation in
accordance with Sec.  366.5. However, where a motor carrier, broker or
freight forwarder's USDOT Number is inactive for at least 1 year,
designation is no longer required and may be canceled without making
another designation.
    (b) A change to a designation, such as name, address, or contact
information, must be reported to FMCSA within 30 days of the change.
    (c) Whenever a motor carrier, broker or freight forwarder changes
it name, address, or contact information, it must report the change to
its process agents and/or the company making a blanket designation on
its behalf in accordance with Sec.  366.5 within 30 days of the change.
    (d) Whenever a process agent and/or company making a blanket
designation on behalf of a motor carrier, broker, or freight forwarder
terminates its contract or relationship with the entity, it should
report the termination to FMCSA within 30 days of the termination. If
process agents and/or blanket agents do not keep their information up
to date, FMCSA may withdraw its approval of their authority to make
process agent designations with the Agency.

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
24. 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
25. Amend Sec.  368.3 by revising paragraphs (a), (b), and (f) and
removing and reserving paragraph (e) to read as follows:

Sec.  368.3  Applying for a certificate of registration.

    (a) If you wish to obtain a certificate of registration under this
part, you must electronically file an application that includes the
following:
    (1) Form MCSA-1--FMCSA Registration/Update (USDOT Number--
(Operating Authority Application)).
    (2) Form BOC-3--Designation of Agents--Motor Carriers, Brokers and
Freight Forwarders or indicate on the application 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 Form MCSA-1 and Form BOC-3.
    (3) The application must include all the required supporting
documents and applicable certifications set forth in the instructions
to Form MCSA-1 and Form BOC-3.
* * * * *
    (e) [Reserved]
    (f) Form MCSA-1 is an electronic application and is available,
including complete instructions, from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword ``MCSA-1'').

0
26. Amend Sec.  368.4 by revising paragraph (a) to read as follows:

Sec.  368.4  Requirement to notify FMCSA of change in applicant
information.

    (a) You must notify FMCSA of any changes or corrections to the
information in Section A of Form MCSA-1--FMCSA Registration/Update
(USDOT Number--Operating Authority Application), 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 FMCSA in writing within 30 days of the
change or correction.
* * * * *

0
27. Revise Sec.  368.8 to read as follows:

Sec.  368.8  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 FMCSA, Office of Registration and Safety Information 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
28. 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.

0
29. Revise Sec.  385.301 to read as follows:

Sec.  385.301  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 FMCSA and receive a USDOT
Number. In addition, for-hire motor carriers must obtain operating
authority from FMCSA, unless exclusively providing transportation
exempt from the commercial registration requirements in 49 U.S.C.
chapter 139. Both the USDOT Number and operating authority are obtained
by following registration procedures described in 49 CFR part 390,
subpart E. Part 365 of this chapter provides detailed instructions for
obtaining operating authority.
    (b) This subpart applies to motor carriers domiciled in the United
States and Canada.
    (c) The regulations in this subpart do not apply to a Mexico-
domiciled motor carrier. A Mexico-domiciled motor carrier of property
or passengers must register with FMCSA by following the registration
procedures described in 49 CFR parts 365, 368 and 390. Parts 365 (for
long-haul carriers) and 368 (for commercial zone carriers) of this
chapter provide detailed information about how a Mexico-domiciled motor
carrier may obtain operating authority.

0
30. Revise Sec.  385.303 to read as follows:

Sec.  385.303  How does a motor carrier register with the FMCSA?

    A motor carrier registers with FMCSA by completing Form MCSA-1,
which is an electronic application that must be completed on-line at
the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword ``MCSA-1'').
Complete instructions for the Form MCSA-1 also are available at the
same location.

0
31. Revise Sec.  385.305 to read as follows:

Sec.  385.305  What happens after the FMCSA receives a request for new
entrant registration?

    (a) The applicant for new entrant registration will be directed to
the FMCSA Internet Web site (http://www.fmcsa.dot.gov) to secure and/or
complete the application package online.
    (b) The application package will include the following:
    (1) Educational and technical assistance material regarding the
requirements of the FMCSRs and HMRs, if applicable.
    (2) Form MCSA-1--FMCSA Registration/Update (USDOT Number--Operating
Authority Application). This form is used to obtain both a USDOT Number
and operating authority.
    (c) Upon completion of the application form, the new entrant will
be issued an inactive USDOT Number. An applicant may not begin
operations nor mark a commercial motor vehicle with the USDOT Number
until after the date of the Agency's written notice that the USDOT
Number has been activated. Violations of this section may be subject to
the penalties under Sec.  392.9b(b) of this chapter.
    (d) Additional requirements for certain for-hire motor carriers.
For-hire motor carriers, unless providing transportation exempt from
the commercial registration requirements in 49 U.S.C. chapter 139, must
obtain operating authority as prescribed under Sec.  390.201(b) and
part 365 of this chapter before operating in interstate commerce.

0
32. Amend Sec.  385.329 by revising paragraphs (b) introductory text,
(b)(1), (c)(1) and (d) to read as follows:

Sec.  385.329  May a new entrant that has had its USDOT new entrant
registration revoked and its operations placed out of service reapply?

* * * * *
    (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 Form MCSA-1.
* * * * *
    (c) * * *
    (1) Submit an updated Form MCSA-1.
* * * * *
    (d) If the new entrant is a for-hire motor carrier subject to the
registration provisions of 49 U.S.C. chapter 139 and also has had its
operating authority revoked, it must re-apply for operating authority
as set forth in Sec.  390.201(b) and part 365 of this chapter.

0
33. Revise Sec.  385.405 to read as follows:

Sec.  385.405  How does a motor carrier apply for a safety permit?

    (a) Application form. (1) To apply for a new safety permit or
renewal of the safety permit, a motor carrier must complete and submit
Form MCSA-1--FMCSA Registration/Update (USDOT Number--Operating
Authority Application) and meet the requirements under 49 CFR part 390,
subpart E.
    (2) The Form MCSA-1 also will also satisfy the requirements for
obtaining and renewing a USDOT Number.
    (b) Where to get forms and instructions. Form MCSA-1 is an
electronic application and is available, including complete
instructions, from the FMCSA Web site at http://www.fmcsa.dot.gov
(Keyword ``MCSA-1'').
    (c) Signature and certification. An official of the motor carrier
must sign and certify that the information is

correct on each form the motor carrier submits.
    (d) Updating information. A motor carrier holding a safety permit
must report to FMCSA any change in the information on its Form MCSA-1
within 30 days of the change. The motor carrier must use Form MCSA-1 to
report the new information.

0
34. Amend Sec.  385.409 by revising paragraph (a) to read as follows:

Sec.  385.409  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 of 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 MCSA-1 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 subchapter or in State regulations,
whichever is applicable.
* * * * *

0
35. Revise Sec.  385.419 to read as follows:

Sec.  385.419  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 MCSA-1) in
accordance with the schedule set forth for filing Form MCSA-1 in part
390, subpart E, of this subchapter; 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 MCSA-1) in accordance with the schedule set
forth in part 390, subpart E, of this subchapter.

0
36. Amend Sec.  385.421 by revising paragraphs (a)(1) and (a)(2) to
read as follows:

Sec.  385.421  Under what circumstances will a safety permit be subject
to revocation or suspension by FMCSA?

    (a) * * *
    (1) A motor carrier fails to submit a renewal application (Form
MCSA-1) in accordance with the schedule set forth in part 390, subpart
E, of this subchapter.
    (2) A motor carrier provides any false or misleading information on
its application form (Form MCSA-1) or as part of updated information it
is providing on Form MCSA-1 (see Sec.  385.405(d)).

0
37. Revise Sec.  385.603 to read as follows:

Sec.  385.603  Application.

    (a) Each applicant applying under this subpart must submit an
application that consists of:
    (1) Form MCSA-1, FMCSA Registration/Update (USDOT Number--Operating
Authority Application); and
    (2) 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 process an application only 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 MCSA-1 and Form BOC-3.
    (3) The application must include the filing fee payable to the
FMCSA in the amount set forth at 49 CFR 360.3(f)(1).
    (4) The application must be signed by the applicant.
    (c) An applicant must electronically file Form MCSA-1.
    (d) Form MCSA-1 is an electronic application and is available,
including complete instructions, from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword ``MCSA-1'').

0
38. Amend Sec.  385.607 by revising paragraph (e)(2) to read as
follows:

Sec.  385.607  FMCSA action on the application.

* * * * *
    (e) * * *
    (2) File 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.
* * * * *

0
39. Amend Sec.  385.609 by revising paragraph (a)(2) and removing
paragraph (a)(3) to read as follows:

385.609   Requirement to notify FMCSA of change in applicant
information.

    (a) * * *
    (2) A motor carrier subject to this subpart must notify FMCSA of
any changes or corrections to the information in Section A of Form
MCSA-1 that occur during the application process or after the motor
carrier has been granted new entrant registration. The motor carrier
must report the changes or corrections within 30 days of the change.
The motor carrier must use Form MCSA-1 to report the new information.
* * * * *

0
40. Amend Sec.  385.713 by revising paragraphs (b) introductory text,
(b)(1), (c) introductory text, (c)(1), and (d) to read as follows:

Sec.  385.713  Reapplying for new entrant registration.

* * * * *
    (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 Form MCSA-1, FMCSA Registration/Update (USDOT
Number--Operating Authority Application);
* * * * *
    (c) If the provisional new entrant registration was revoked because
FMCSA found the new entrant failed to submit to a compliance review,
the new entrant must do all of the following:
    (1) Submit an updated Form MCSA-1, FMCSA Registration/Update (USDOT
Number--Operating Authority Application);
* * * * *
    (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 reapply for operating authority as
set forth in Sec.  390.201(b) and part 365 of this subchapter.

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS

0
41. 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.

0
42. Add Sec.  387.19 to subpart A to read as follows:

Sec.  387.19  Electronic filing of surety bonds, trust fund agreements,
certificates of insurance and cancellations.

    (a) Insurers of exempt for-hire motor carriers, as defined in Sec.
390.5 of this subchapter, and private motor carriers that transport
hazardous materials in interstate commerce must file certificates of
insurance, surety bonds, and other securities and agreements with FMCSA
electronically in

accordance with the requirements and procedures set forth at Sec.
387.323.
    (b) The requirements of this section do not apply to motor carriers
excepted under Sec.  387.7(b)(3).

0
43. Revise Sec.  387.33 to read as follows:

Sec.  387.33  Financial responsibility, minimum levels.

    (a) General limits. The minimum levels of financial responsibility
referred to in Sec.  387.31 are prescribed as follows:

SCHEDULE OF LIMITS

Public Liability

For-Hire Motor Carriers of Passengers Operating in Interstate or Foreign
                                Commerce
------------------------------------------------------------------------
                Vehicle seating capacity                  Minimum limits
------------------------------------------------------------------------
(1) Any vehicle with a seating capacity of 16 passengers      $5,000,000
 or more, including the driver \1\......................
(2) Any vehicle with a seating capacity of 15 passengers       1,500,000
 or less, including the driver \2\......................
------------------------------------------------------------------------
1 2 Except as provided in Sec.   387.27(b).

    (b) Limits applicable to transit service providers. Notwithstanding
the provisions of paragraph (a) of this section, the minimum level of
financial responsibility for a motor vehicle used to provide
transportation services within a transit service area located in more
than one State under an agreement with a Federal, State, or local
government funded, in whole or in part, with a grant under 49 U.S.C.
5307, 5310 or 5311, including transportation designed and carried out
to meet the special needs of elderly individuals and individuals with
disabilities, will be the highest level required for any of the States
in which it operates. This paragraph applies to transit service
providers that operate in more than one State, as well as transit
service providers that operate in only one State but interline with
other motor carriers that provide interstate transportation within or
outside the transit service area. Transit service providers conducting
such operations must register as for-hire passenger carriers under part
365, subpart A and part 390, subpart E, of this subchapter, identify
the State(s) in which they operate under the applicable grants, and
certify on their registration documents that they have in effect
financial responsibility levels in an amount equal to or greater than
the highest level required by any of the States in which they are
operating under a qualifying grant.

0
44. Add Sec.  387.43 to subpart B to read as follows:

Sec.  387.43  Electronic filing of surety bonds, trust fund agreements,
certificates of insurance and cancellations.

    (a) Insurers of for-hire motor carriers of passengers must file
certificates of insurance, surety bonds, and other securities and
agreements electronically in accordance with the requirements and
procedures set forth at Sec.  387.323.
    (b) This section does not apply to motor carriers excepted under
Sec.  387.31(b)(3).

0
45. Amend Sec.  387.301 by revising paragraph (a)(1) to read as
follows:

Sec.  387.301  Surety bond, certificate of insurance, or other
securities.

    (a) Public liability. (1) No for-hire motor 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, United States Code, shall engage in interstate or foreign commerce,
and no certificate 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.  387.303, 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, U.S.C., 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.  387.303(b)(2), for
environmental restoration.
* * * * *

0
46. Amend Sec.  387.303 by adding paragraph (b)(1)(iii) to read as
follows:

Sec.  387.303  Security for the protection of the public: Minimum
limits.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Limits applicable to transit service providers.
Notwithstanding the provisions of paragraph (b)(1)(ii) of this section,
the minimum level of financial responsibility for a motor vehicle used
to provide transportation services within a transit service area under
an agreement with a Federal, State, or local government funded, in
whole or in part, with a grant under 49 U.S.C. 5307, 5310 or 5311,
including transportation designed and carried out to meet the special
needs of elderly individuals and individuals with disabilities, will be
the highest level required for any of the States in which it operates.
This paragraph applies to transit service providers who operate in a
transit service area located in more than one State, as well as transit
service providers who operate in only one State but interline with
other motor carriers that provide interstate transportation within or
outside the transit service area. Transit service providers conducting
such operations must register as for-hire passenger carriers under part
365, subpart A and part 390, subpart E of this subchapter, identify the
State(s) in which they operate under the applicable grants, and certify
on their registration documents that they have in effect financial
responsibility levels in an amount equal to or greater than the highest
level required by any of the States in which they are operating under a
qualifying grant.
* * * * *
0
47. Amend Sec.  387.313 by revising paragraphs (b) and (d) to read as
follows:

Sec.  387.313  Forms and procedures.

* * * * *
    (b) Filing and copies. Certificates of insurance, surety bonds, and
notices of cancellation must be filed with the FMCSA at http://www.fmcsa.dot.gov.
* * * * *
    (d) Cancellation notice. Except as provided in paragraph (e) of
this section, surety bonds, certificates of insurance, and other
securities or agreements shall not be cancelled or withdrawn until 30
days after written notice has been submitted to http://www.fmcsa.dot.gov on the prescribed form (Form BMC-35, Notice of
Cancellation Motor Carrier Policies of Insurance under 49 U.S.C. 13906,
and BMC-36, Notice of Cancellation Motor Carrier and Broker Surety
Bonds, as appropriate) by the insurance company, surety or sureties,
motor carrier, broker or other party thereto, as the case may be, which
period of thirty (30) days shall commence to run from the date such
notice on the prescribed form is filed with FMCSA at http://www.fmcsa.dot.gov.
* * * * *
0
48. Revise Sec.  387.323 to read as follows:

Sec.  387.323  Electronic filing of surety bonds, trust fund
agreements, certificates of insurance and cancellations.

    (a) Insurers must electronically file forms BMC 34, BMC 35, BMC 36,
BMC 82, BMC 83, BMC 84, BMC 85, BMC 91, and BMC 91X in accordance with
the

requirements and procedures set forth in paragraphs (b) through (d) of
this section.
    (b) Each insurer must obtain authorization to file electronically
by registering with the FMCSA. An individual account number and
password for computer access will be issued to each registered insurer.
    (c) Filings must be transmitted online via the Internet at http://www.fmcsa.dot.gov.
    (d) All registered insurers agree to furnish upon request to the
FMCSA a copy of any policy (or policies) and all certificates of
insurance, endorsements, surety bonds, trust fund agreements, proof of
qualification to self-insure or other insurance filings.

0
49. Revise Sec.  387.403 to read as follows:

Sec.  387.403  General requirements.

    (a) Cargo. A household goods freight forwarder may not operate
until it has filed with FMCSA an appropriate surety bond, certificate
of insurance, qualifications as a self-insurer, or other securities or
agreements, in the amounts prescribed at Sec.  387.405, for loss of or
damage to household goods.
    (b) Public liability. A freight forwarder may not perform transfer,
collection, or delivery service until it has filed with the FMCSA an
appropriate surety bond, certificate of insurance, qualifications as a
self-insurer, or other securities or agreements, in the amounts
prescribed at Sec.  387.405, conditioned to pay any final judgment
recovered against such freight forwarder for bodily injury to or the
death of any person, or loss of or damage to property (except cargo) of
others, or, in the case of freight vehicles described at Sec.
387.303(b)(2), for environmental restoration, resulting from the
negligent operation, maintenance, or use of motor vehicles operated by
or under its control in performing such service.
0
50. Amend Sec.  387.413 by revising paragraph (b) to read as follows:

Sec.  387.413  Forms and procedures.

* * * * *
    (b) Procedure. Certificates of insurance, surety bonds, and notices
of cancellation must be electronically filed with the FMCSA.
* * * * *

0
51. Revise Sec.  387.419 to read as follows:

Sec.  387.419  Electronic filing of surety bonds, certificates of
insurance and cancellations.

    Insurers must electronically file certificates of insurance, surety
bonds, and other securities and agreements and notices of cancellation
in accordance with the requirements and procedures set forth at Sec.
387.323.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
52. The authority citation for part 390 is revised to read as follows:

    Authority:  49 U.S.C. 508, 13301, 13902, 13908, 31132, 31133,
31136, 31151, 31502, 31504; sec. 114, Pub. L. 103-311, 108 Stat.
1673, 1677; sec. 217, Pub. L. 106-159, 113 Stat. 1748, 1767; sec.
4136, Pub. L. 109-59, 119 Stat. 1144, 1745; and 49 CFR 1.87.

0
53. Revise Sec.  390.3 to read as follows:

Sec.  390.3  General applicability.

    (a) The rules in subchapter B of this chapter are applicable to all
employers, employees, and commercial motor vehicles that transport
property or passengers in interstate commerce.
    (b) The rules in part 383 of this chapter, Commercial Driver's
License Standards; Requirements and Penalties, are applicable to every
person who operates a commercial motor vehicle, as defined in Sec.
383.5 of this subchapter, in interstate or intrastate commerce and to
all employers of such persons.
    (c) The rules in part 387 of this chapter, Minimum Levels of
Financial Responsibility for Motor Carriers, are applicable to motor
carriers as provided in Sec.  387.3 or Sec.  387.27 of this chapter.
    (d) Additional requirements. Nothing in subchapter B of this
chapter shall be construed to prohibit an employer from requiring and
enforcing more stringent requirements relating to safety of operation
and employee safety and health.
    (e) Knowledge of and compliance with the regulations. (1) Every
employer shall be knowledgeable of and comply with all regulations
contained in this subchapter that are applicable to that motor
carrier's operations.
    (2) Every driver and employee involved in motor carrier operations
shall be instructed regarding, and shall comply with, all applicable
regulations contained in this subchapter.
    (3) All motor vehicle equipment and accessories required by this
chapter shall be maintained in compliance with all applicable
performance and design criteria set forth in this subchapter.
    (f) Exceptions. Unless otherwise specifically provided, the rules
in this subchapter do not apply to--
    (1) All school bus operations as defined in Sec.  390.5 except for
the provisions of Sec. Sec.  391.15(e) and 392.80;
    (2) Transportation performed by the Federal government, a State, or
any political subdivision of a State, or an agency established under a
compact between States that has been approved by the Congress of the
United States;
    (3) The occasional transportation of personal property by
individuals not for compensation and not in the furtherance of a
commercial enterprise;
    (4) The transportation of human corpses or sick and injured
persons;
    (5) The operation of fire trucks and rescue vehicles while involved
in emergency and related operations;
    (6) The operation of commercial motor vehicles designed or used to
transport between 9 and 15 passengers (including the driver), not for
direct compensation, provided the vehicle does not otherwise meet the
definition of a commercial motor vehicle, except for the texting
provisions of Sec. Sec.  391.15(e) and 392.80, and except that motor
carriers operating such vehicles are required to comply with Sec. Sec.
390.15, 390.21(a) and (b)(2), 390.201 and 390.205.
    (7) Either a driver of a commercial motor vehicle used primarily in
the transportation of propane winter heating fuel or a driver of a
motor vehicle used to respond to a pipeline emergency, if such
regulations would prevent the driver from responding to an emergency
condition requiring immediate response as defined in Sec.  390.5.
    (g) Motor carriers that transport hazardous materials in intrastate
commerce. The rules in the following provisions of this subchapter
apply to motor carriers that transport hazardous materials in
intrastate commerce and to the motor vehicles that transport hazardous
materials in intrastate commerce:
    (1) Part 385, subparts A and E, for carriers subject to the
requirements of Sec.  385.403 of this subchapter.
    (2) Part 386, Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings, of this subchapter.
    (3) Part 387, Minimum Levels of Financial Responsibility for Motor
Carriers, to the extent provided in Sec.  387.3 of this subchapter.
    (4) Subpart E of this part, Unified Registration System, and Sec.
390.21, Marking of CMVs, for carriers subject to the requirements of
Sec.  385.403 of this subchapter. Intrastate motor carriers operating
prior to January 1, 2005, are excepted from Sec.  390.201.
    (h) Intermodal equipment providers. The rules in the following
provisions of this subchapter apply to intermodal equipment providers:
    (1) Subpart F, Intermodal Equipment Providers, of Part 385, Safety
Fitness Procedures.

    (2) Part 386, Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings.
    (3) Part 390, Federal Motor Carrier Safety Regulations; General,
except Sec.  390.15(b) concerning accident registers.
    (4) Part 393, Parts and Accessories Necessary for Safe Operation.
    (5) Part 396, Inspection, Repair, and Maintenance.
    (i) Brokers. The rules in the following provisions of this
subchapter apply to brokers that are required to register with the
Agency pursuant to 49 U.S.C. chapter 139.
    (1) Part 371, Brokers of Property.
    (2) Part 386, Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings.
    (3) Part 387, Minimum Levels of Financial Responsibility for Motor
Carriers, to the extent provided in subpart C of that part.
    (4) Subpart E of this part, Unified Registration System.
    (j) Freight forwarders. The rules in the following provisions of
this subchapter apply to freight forwarders that are required to
register with the Agency pursuant to 49 U.S.C. chapter 139.
    (1) Part 386, Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings.
    (2) Part 387, Minimum Levels of Financial Responsibility for Motor
Carriers, to the extent provided in subpart D of that part.
    (3) Subpart E of this part, Unified Registration System.
    (k) Cargo tank facilities. The rules in subpart C of this part,
Unified Registration System, apply to each cargo tank and cargo tank
motor vehicle manufacturer, assembler, repairer, inspector, tester, and
design certifying engineer that is subject to registration requirements
under 49 CFR 107.502 and 49 U.S.C. 5108.

0
54. Amend Sec.  390.5 by revising the definition of ``Exempt motor
carrier'' to read as follows:

Sec.  390.5  Definitions.

* * * * *
    Exempt motor carrier means a person engaged in transportation
exempt from economic regulation by the Federal Motor Carrier Safety
Administration (FMCSA) under 49 U.S.C. chapter 135 but subject to the
safety regulations set forth in this subchapter.
* * * * *

0
55. Effective November 1, 2013, amend Sec.  390.19 by adding paragraph
(b)(4) to read as follows:

Sec.  390.19  Motor carrier, hazardous material shipper, and intermodal
equipment provider identification reports.

* * * * *
    (b) * * *
    (4) A person that fails to complete biennial updates to the
information pursuant to paragraph (b)(2) of this section is subject to
the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C.
14901(a), as appropriate, and deactivation of its USDOT Number.
* * * * *

0
56. Effective October 23, 2015, revise Sec.  390.19 to read as follows:

Sec.  390.19  Motor carrier identification reports for certain Mexico-
domiciled motor carriers.

    (a) Applicability. A Mexico-domiciled motor carrier requesting
authority to provide transportation of property or passengers in
interstate commerce between Mexico and points in the United States
beyond the municipalities and commercial zones along the United States-
Mexico international border must file Form MCS-150 with FMCSA as
follows:
    (b) Filing schedule. Each motor carrier must file the appropriate
form under paragraph (a) of this section at the following times:
    (1) Before it begins operations; and
    (2) Every 24 months, according to the following schedule:

------------------------------------------------------------------------
          USDOT Number ending in                Must file by last day
------------------------------------------------------------------------
1.........................................  January.
2.........................................  February.
3.........................................  March.
4.........................................  April.
5.........................................  May.
6.........................................  June.
7.........................................  July.
8.........................................  August.
9.........................................  September.
0.........................................  October.
------------------------------------------------------------------------

    (3) If the next-to-last digit of its USDOT Number is odd, the motor
carrier shall file its update in every odd-numbered calendar year. If
the next-to-last digit of the USDOT Number is even, the motor carrier
shall file its update in every even-numbered calendar year.
    (4) A person that fails to complete biennial updates to the
information pursuant to paragraph (b)(2) of this section is subject to
the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C.
14901(a), as appropriate, and deactivation of its USDOT Number.
    (c) Availability of forms. The Form MCS-150 and complete
instructions are available from the FMCSA Web site at http://www.fmcsa.dot.gov (Keyword ``MCS-150''); from all FMCSA Service Centers
and Division offices nationwide; or by calling 1-800-832-5660.
    (d) Where to file. The Form MCS-150 must be filed with the FMCSA
Office of Registration and Safety Information. The form may be filed
electronically according to the instructions at the Agency's Web site,
or it may be sent to Federal Motor Carrier Safety Administration,
Office of Registration and Safety Information, MC-RS 1200 New Jersey
Avenue SE., Washington, DC 20590.
    (e) Special instructions. A motor carrier should submit the Form
MCS-150 along with its application for operating authority (OP-1(MX)),
to the appropriate address referenced on that form, or may submit it
electronically or by mail separately to the address mentioned in
paragraph (d) of this section.
    (f) Only the legal name or a single trade name of the motor carrier
may be used on the Form MCS-150.
    (g)(1) A motor carrier that fails to file the Form MCS-150 or
furnishes misleading information or makes false statements upon the
form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).
    (2) A motor carrier that fails to update the Form MCS-150 as
required in paragraph (b) will have its USDOT Number deactivated and
will be prohibited from conducting transportation.
    (h)(1) Upon receipt and processing of the form described in
paragraph (a) of this section, FMCSA will issue the motor carrier or
intermodal equipment provider an identification number (USDOT Number).
    (2) A Mexico-domiciled motor carrier seeking to provide
transportation of property or passengers in interstate commerce between
Mexico and points in the United States beyond the municipalities and
commercial zones along the United States-Mexico international border
must pass the pre-authorization safety audit under Sec.  365.507 of
this subchapter. The Agency will not issue a USDOT Number until
expiration of the protest period provided in Sec.  365.115 of this
chapter or--if a protest is received--after FMCSA denies or rejects the
protest.
    (3) The motor carrier must display the USDOT Number on each self-
propelled CMV, as defined in Sec.  390.5, along with the additional
information required by Sec.  390.21.

0
57. Amend Sec.  390.21 by revising paragraph (b)(1) to read as follows:

Sec.  390.21  Marking of self-propelled CMVs and intermodal equipment.

* * * * *

    (b) * * *
    (1) The legal name or a single trade name of the motor carrier
operating the self-propelled CMV, as listed on the Form MCSA-1 or the
motor carrier identification report (Form MCS-150) and submitted in
accordance with Sec.  390.201 or Sec.  390.19, as appropriate.
* * * * *

0
58. Amend Sec.  390.40 by revising paragraph (a) to read as follows:

Sec.  390.40  What responsibilities do intermodal equipment providers
have under the Federal Motor Carrier Safety Regulations (49 CFR parts
350-399)?

* * * * *
    (a) Identify its operations to the FMCSA by filing the Form MCSA-1
required by Sec.  390.201.
* * * * *
0
59. Add a new subpart E, consisting of Sec. Sec.  390.201 through
390.209, to part 390 to read as follows:

Subpart E--Unified Registration System
Sec.
390.201 USDOT Registration.
390.203 PRISM State registration/biennial updates.
390.205 Special requirements for registration.
390.207 Other governing regulations.
390.209 Pre-authorization safety audit.

Subpart E--Unified Registration System

Sec.  390.201  USDOT Registration.

    (a) Purpose. This section establishes who must register with FMCSA
under the Unified Registration System, the filing schedule, and general
information pertaining to persons subject to the Unified Registration
System registration requirements.
    (b) Applicability. (1) Except as provided in paragraph (g) of this
section, each motor carrier (including a private motor carrier, an
exempt for-hire motor carrier, a non-exempt for-hire motor carrier, and
a motor carrier of passengers that participates in a through ticketing
arrangement with one or more interstate for-hire motor carriers of
passengers), intermodal equipment provider, broker and freight
forwarder subject to the requirements of this subchapter must file Form
MCSA-1 with FMCSA to:
    (i) Identify its operations with the Federal Motor Carrier Safety
Administration for safety oversight, as authorized under 49 U.S.C.
31144, as applicable;
    (ii) Obtain operating authority required under 49 U.S.C. chapter
139, as applicable; and
    (iii) Obtain a hazardous materials safety permit as required under
49 U.S.C. 5109, as applicable.
    (2) A cargo tank and cargo tank motor vehicle manufacturer,
assembler, repairer, inspector, tester, and design certifying engineer
that is subject to registration requirements under 49 CFR 107.502 and
49 U.S.C. 5108 must satisfy those requirements by electronically filing
Form MCSA-1 with FMCSA.
    (c) General (1)(i) A person that fails to file Form MCSA-1 pursuant
to paragraph (d)(1) of this section is subject to the penalties
prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as
appropriate.
    (ii) A person that fails to complete biennial updates to the
information pursuant to paragraph (d)(2) of this section is subject to
the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C.
14901(a), as appropriate, and deactivation of its USDOT Number.
    (iii) A person that furnishes misleading information or makes false
statements upon Form MCSA-1 is subject to the penalties prescribed in
49 U.S.C. 521(b)(2)(B), 49 U.S.C. 14901(a) or 49 U.S.C. 14907, as
appropriate.
    (2) Upon receipt and processing of Form MCSA-1, FMCSA will issue
the applicant an inactive identification number (USDOT Number). FMCSA
will activate the USDOT Number after completion of applicable
administrative filings pursuant to Sec.  390.205(a), unless the
applicant is subject to Sec.  390.205(b). An applicant may not begin
operations nor mark a commercial motor vehicle with the USDOT Number
until after the date of the Agency's written notice that the USDOT
Number has been activated.
    (3) The motor carrier must display a valid USDOT Number on each
self-propelled CMV, as defined in Sec.  390.5, along with the
additional information required by Sec.  390.21.
    (d) Filing schedule. Each person listed under Sec.  390.201(b) must
electronically file Form MCSA-1 at the following times:
    (1) Before it begins operations; and
    (2) Every 24 months as prescribed in paragraph (d)(3) of this
section.
    (3) (i) Persons assigned a USDOT Number must file an updated Form
MCSA-1 every 24 months, according to the following schedule:

------------------------------------------------------------------------
          USDOT Number ending in              Must file by last day of
------------------------------------------------------------------------
1.........................................  January.
2.........................................  February.
3.........................................  March.
4.........................................  April.
5.........................................  May.
6.........................................  June.
7.........................................  July.
8.........................................  August.
9.........................................  September.
0.........................................  October.
------------------------------------------------------------------------

    (ii) If the next-to-last digit of its USDOT Number is odd, the
person must file its update in every odd-numbered calendar year. If the
next-to-last digit of the USDOT Number is even, the person must file
its update in every even-numbered calendar year.
    (4) When there is a change in legal name, form of business, or
address. A registered entity must notify the Agency of a change in
legal name, form of business, or address within 30 days of the change
by filing an updated Form MCSA-1 reflecting the revised information.
Notification of a change in legal name, form of business, or address
does not relieve a registered entity from the requirement to file an
updated Form MCSA-1 every 24 months in accordance with paragraph (d)(3)
of this section.
    (5) When there is a transfer of operating authority. (i) Both a
person who obtains operating authority through a transfer, as defined
in part 365, subpart D of this subchapter (transferee), and the person
transferring its operating authority (transferor), must each notify the
Agency of the transfer within 30 days of consummation of the transfer
by filing:
    (A) An updated Form MCSA-1, for the transferor, and for the
transferee, if the transferee had an existing USDOT Number at the time
of the transfer; or
    (B) A new Form MCSA-1, if the transferee did not have an existing
USDOT Number at the time of the transfer.
    (C) A copy of the operating authority that is being transferred.
    (ii) Notification of a transfer of operating authority does not
relieve a registered entity from the requirement to file an updated
Form MCSA-1 every 24 months in accordance with paragraph (d)(3) of this
section.
    (e) Availability of form. Form MCSA-1 is an electronic application
and is available, including complete instructions, from the FMCSA Web
site at http://www.fmcsa.dot.gov (Keyword ``MCSA-1'').
    (f) Where to file. Persons subject to the registration requirements
under this subpart must electronically file Form MCSA-1 on the FMCSA
Web site at http://www.fmcsa.dot.gov.
    (g) Exception. The rules in this subpart do not govern the
application by a Mexico-domiciled motor carrier to provide
transportation of property or passengers in interstate commerce

between Mexico and points in the United States beyond the
municipalities and commercial zones along the United States-Mexico
international border. The applicable procedures governing
transportation by Mexico-domiciled motor carriers are provided in Sec.
390.19.

Sec.  390.203  PRISM State registration/biennial updates.

    (a) A motor carrier that registers its vehicles in a State that
participates in the Performance and Registration Information Systems
Management (PRISM) program (authorized under section 4004 of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178, 112
Stat. 107]) alternatively may satisfy the requirements set forth in
Sec.  390.201 by electronically filing all the required USDOT
registration and biennial update information with the State according
to its policies and procedures, provided the State has integrated the
USDOT registration/update capability into its vehicle registration
program.
    (b) If the State procedures do not allow a motor carrier to file
the Form MCSA-1 or to submit updates within the period specified in
Sec.  390.201(d)(2), a motor carrier must complete such filings
directly with FMCSA.
    (c) A for-hire motor carrier, unless providing transportation
exempt from the commercial registration requirements of 49 U.S.C.
chapter 139, must obtain operating authority as prescribed under Sec.
390.201(b) and part 365 of this subchapter before operating in
interstate commerce.

Sec.  390.205  Special requirements for registration.

    (a)(1) General. A person applying to operate as a motor carrier,
broker, or freight forwarder under this subpart must make the
additional filings described in paragraphs (a)(2) and (a)(3) of this
section as a condition for registration under this subpart within 90
days of the date on which the application is filed:
    (2) Evidence of financial responsibility. (i) A person that
registers to conduct operations in interstate commerce as a for-hire
motor carrier, a broker, or a freight forwarder must file evidence of
financial responsibility as required under part 387, subparts C and D
of this subchapter.
    (ii) A person that registers to transport hazardous materials as
defined in 49 CFR 171.8 (or any quantity of a material listed as a
select agent or toxin in 42 CFR part 73) in interstate commerce must
file evidence of financial responsibility as required under part 387,
subpart C of this subchapter.
    (3) Designation of agent for service of process. All motor carriers
(both private and for-hire), brokers and freight forwarders required to
register under this subpart must designate an agent for service of
process (a person upon whom court or Agency process may be served)
following the rules in part 366 of this subchapter:
    (b) If an application is subject to a protest period, the Agency
will not activate a USDOT Number until expiration of the protest period
provided in Sec.  365.115 of this subchapter or--if a protest is
received--after FMCSA denies or rejects the protest, as applicable.

Sec.  390.207  Other governing regulations.

    (a) Motor carriers. (1) A motor carrier granted registration under
this part must successfully complete the applicable New Entrant Safety
Assurance Program as described in paragraphs (a)(1)(i) through
(a)(1)(iii) of this section as a condition for permanent registration:
    (i) A U.S.- or Canada-domiciled motor carrier is subject to the new
entrant safety assurance program under part 385, subpart D, of this
subchapter.
    (ii) A Mexico-domiciled motor carrier is subject to the safety
monitoring program under part 385, subpart B of this subchapter.
    (iii) A Non-North America-domiciled motor carrier is subject to the
safety monitoring program under part 385, subpart I of this subchapter.
    (2) Only the legal name or a single trade name of the motor carrier
may be used on the Form MCSA-1.
    (b) Brokers, freight forwarders and non-exempt for-hire motor
carriers. (1) A broker or freight forwarder must obtain operating
authority pursuant to part 365 of this chapter as a condition for
obtaining USDOT Registration.
    (2) A motor carrier registering to engage in transportation that is
not exempt from economic regulation by FMCSA must obtain operating
authority pursuant to part 365 of this subchapter as a condition for
obtaining USDOT Registration.
    (c) Intermodal equipment providers. An intermodal equipment
provider is subject to the requirements of subpart D of this part.
    (1) Only the legal name or a single trade name of the intermodal
equipment provider may be used on the Form MCSA-1.
    (2) The intermodal equipment provider must identify each unit of
interchanged intermodal equipment by its assigned USDOT Number.
    (d) Hazardous materials safety permit applicants. A person who
applies for a hazardous materials safety permit is subject to the
requirements of part 385, subpart E, of this subchapter.
    (e) Cargo tank facilities. A cargo tank facility is subject to the
requirements of 49 CFR part 107, subpart F, 49 CFR part 172, subpart H,
and 49 CFR part 180.

Sec.  390.209  Pre-authorization safety audit.

    A non-North America-domiciled motor carrier seeking to provide
transportation of property or passengers in interstate commerce within
the United States must pass the pre-authorization safety audit under
Sec.  385.607(c) of this subchapter as a condition for receiving
registration under this part.

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
60. The authority citation for part 392 is revised to read as follows:

    Authority: 49 U.S.C. 521, 13902, 13908, 31136, 31151, 31502; and
49 CFR 1.87.

0
61. Effective November 1, 2013, add Sec.  392.9b to read as follows:

Sec.  392.9b  Prohibited transportation.

    (a) USDOT Registration required. A commercial motor vehicle
providing transportation in interstate commerce must not be operated
without a USDOT Registration and an active USDOT Number.
    (b) Penalties. If it is determined that the motor carrier
responsible for the operation of such a vehicle is operating in
violation of paragraph (a) of this section, it may be subject to
penalties in accordance with 49 U.S.C. 521.

    Issued under authority delegated under 49 CFR 1.87 on: August
15, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-20446 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-EX-P