Unified Registration System, 66506-66595 [2011-26958]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Proposed Rules]
[Pages 66506-66595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26958]



[[Page 66505]]

Vol. 76

Wednesday,

No. 207

October 26, 2011

Part IV





Department of Transportation





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Federal Motor Carrier Safety Administration





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49 CFR Parts 360, 365, 366, et al.





Unified Registration System; Proposed Rule

Federal Register / Vol. 76 , No. 207 / Wednesday, October 26, 2011 / 
Proposed Rules

[[Page 66506]]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392

[Docket No. FMCSA-97-2349]
RIN 2126-AA22


Unified Registration System

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Supplemental Notice of Proposed Rulemaking (SNPRM).

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SUMMARY: The FMCSA amends its proposal regarding establishment of the 
Unified Registration System (URS) required by the ICC Termination Act 
of 1995 (ICCTA) and originally announced in a May 19, 2005 notice of 
proposed rulemaking (NPRM). URS is the replacement system for several 
existing registration and information systems for motor carriers, 
property brokers, and freight forwarders under FMCSA jurisdiction. This 
SNPRM responds to comments to the 2005 URS NPRM, incorporates new 
proposals implementing requirements imposed by final rules published 
after the 2005 URS NPRM, and includes new proposals to implement 
certain provisions of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Agency 
believes the proposed URS would improve the registration process for 
motor carriers, property brokers, freight forwarders and other entities 
that register with FMCSA.

DATES: You must submit comments on or before December 27, 2011.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket ID Number FMCSA-97-2349 by any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading under the Supplementary Information caption of 
this document. Note that all comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the US 
Department of Transportation's DOT Privacy Act System of Records Notice 
for the DOT Federal Docket Management System published in the Federal 
Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Transportation 
Specialist, Driver and Carrier Operations Division, (202) 366-2722, or 
by e-mail at: Richard.Clemente@dot.gov. Business hours are from 8 a.m. 
to 4:30 p.m. ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Public Participation

    The Federal eRulemaking Portal (https://www.regulations.gov) is 
available 24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``How to Use 
This Site'' menu option.
    Comments received after the comment closing date will be included 
in the docket and we will consider late comments to the extent 
practicable. The FMCSA may, however, issue a final rule at any time 
after the close of the comment period.

Preamble Table of Contents

    The following is an outline of the preamble.

I. Legal Basis for the Rulemaking
II. Regulatory History
    A. Advance Notice of Proposed Rulemaking
    B. Notice of Proposed Rulemaking
III. Discussion of the Supplemental Notice of Proposed Rulemaking
    A. New Regulatory Drafting Strategy
    B. The Proposal
IV. Regulatory Evaluation of the URS SNPRM: Summary of Benefits and 
Costs
V. Appendix to the Preamble--Proposed Form MCSA-1 and Instructions
VI. Rulemaking Analyses and Notices

I. Legal Basis for the Rulemaking

    This rulemaking is in response to sec. 103 of the ICC Termination 
Act of 1995 (ICCTA) [Pub. L. 104-88, 109 Stat. 888, December 29, 1995] 
and title IV of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 
109-59, 119 Stat. 1714, August 10, 2005]. This rulemaking action is 
consistent with the requirements of 31 U.S.C. 9701 and 49 U.S.C. 
31136(a).
    In the ICCTA, Congress enacted 49 U.S.C. 13908 directing the 
Secretary of Transportation (the Secretary), in cooperation with the 
States, and after notice and opportunity for public comment, to issue 
regulations to replace the existing information systems listed below 
with a single, online, Federal system:
    1. The current Department of Transportation (USDOT) identification 
number system;
    2. The single State registration system (SSRS) under [49 U.S.C.] 
section 14504;
    3. The registration system contained in 49 U.S.C. chapter 139; and
    4. The financial responsibility information system under section 
13906.
    Congress also directed the Secretary to consider whether to 
integrate the requirements of 49 U.S.C. 13304 regarding service of 
process in court proceedings into the new system. Congress specified 
that the new URS should serve as a clearinghouse and depository of 
information on, and identification of, all foreign and domestic motor 
carriers, property brokers, freight forwarders, and others required to 
register with the USDOT as well as information on safety fitness and 
compliance with required levels of financial responsibility. The 
language of 49 U.S.C. 13908(c) also authorized the Secretary to 
``establish, under section 9701 of title 31 [of the U.S. Code], a fee 
system for registration and filing evidence of financial responsibility 
under the new system under subsection (a). Fees collected under the fee 
system shall cover the costs of operating and upgrading the 
registration system, including all personnel costs associated with the 
system.''
    The Unified Carrier Registration Act of 2005, subtitle C of title 
IV of SAFETEA-LU, modified the requirements for a unified registration 
system for motor carriers contained in ICCTA. In particular, SAFETEA-LU 
changed the scope of the Secretary's responsibility for the development 
of a registration system to replace the SSRS. It also modified the 
requirement that

[[Page 66507]]

fees collected under the new system cover the costs of operating and 
upgrading the registration system and placed limitations on certain 
fees that the Agency could charge. Section 4304 of SAFETEA-LU 
reiterated the congressional requirement for a single, Federal, online 
system to replace the four individual systems identified under 49 
U.S.C. 13908 and also mandated inclusion of the service of process 
agent systems under 49 U.S.C. 503 and 13304. SAFETEA-LU refers to the 
Federal online replacement system as the Unified Carrier Registration 
System. The Agency considers the URS announced in the May 2005 NPRM to 
be the Unified Carrier Registration System.\1\
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    \1\ The Unified Carrier Registration (UCR) Agreement mandated 
under section 4305 of SAFETEA-LU (which enacted 49 U.S.C. 14504a) is 
the replacement for the Single State Registration System authorized 
by former 49 U.S.C. 14504. Registration and payment of fees under 
the UCR Agreement are not the responsibility of FMCSA. However, as 
provided by 49 U.S.C. 13908(b), information about the compliance of 
entities subject to the UCR Agreement will be available through the 
URS when that system has been developed.
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    Congress also repealed the statutory provisions of 49 U.S.C. 14504 
governing SSRS. (SAFETEA-LU section 4305(a)).\2\ The legislative 
history indicates that the purpose of the UCR Plan and Agreement is 
both to ``replace the existing outdated system [SSRS]'' for 
registration of interstate motor carrier entities with the States and 
to ``ensure that States don't lose current revenues derived from SSRS'' 
(S. Rep. 109-120, at 2 (2005)).\3\
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    \2\ This repeal became effective on January 1, 2007, in 
accordance with section 4305(a).
    \3\ The Senate bill's provisions were enacted ``with 
modifications.'' H. Conf. Rep. No. 109-203, at 1020 (2005).
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    The statute provided for a 15-member Board of Directors for the UCR 
Plan and Agreement (Board) appointed by the Secretary of 
Transportation. The statute specified that the Board should consist of 
Federal, State and motor carrier industry representatives. The 
establishment of the board was announced in the Federal Register on May 
12, 2006 (71 FR 27777). The Board's duties include issuing rules and 
regulations, recommending fee levels for the system, and designating a 
revenue depository for the new system. On Friday, August 24, 2007, the 
Agency published a final rule establishing initial fees for 2007 and a 
fee bracket structure for the Unified Carrier Registration Agreement in 
the Federal Register (72 FR 48585). The FMCSA subsequently adjusted the 
UCR Agreement fees and fee bracket structure in a final rule dated 
April 27, 2010 (74 FR 21993).
    SAFETEA-LU also amended several definitions that affect the 
coverage of the URS, amended certain financial responsibility 
requirements, and eliminated the Agency's authority to collect certain 
fees. Today's proposal incorporates new requirements imposed by 
SAFETEA-LU.
    Title 31 U.S.C. 9701 (the so-called ``User Fee Statute'') 
establishes general authority for agencies to ``charge for a service or 
thing of value provided by the Agency.'' Accordingly, FMCSA proposes to 
charge fees under URS that will enable the Agency to recoup costs 
associated with processing registration applications and administrative 
filings. Title 49 U.S.C. 13908(d) requires establishment of 
registration fees that, as nearly as possible, cover the costs of 
processing the registration, provided the fees do not exceed $300.
    Section 206 of the Motor Carrier Safety Act of 1984 [Pub. L. 98-
554, title II, 98 Stat. 2832, October 30, 1985, 49 U.S.C. App. 2505, 
recodified at 49 U.S.C. 31136] requires the Secretary to prescribe 
regulations on commercial motor vehicle safety. The regulations shall 
prescribe minimum safety standards for commercial motor vehicles 
(CMVs). At a minimum, the regulations shall ensure that: (1) CMVs are 
maintained, equipped, loaded, and operated safely; (2) the 
responsibilities imposed on operators of CMVs do not impair their 
ability to operate the vehicles safely; (3) the physical conditions of 
operators of CMVs is adequate to enable them to operate the vehicles 
safely; and (4) the operation of CMVs does not have a deleterious 
effect on the physical condition of the operators (49 U.S.C. 31136(a)).
    This SNPRM is intended to streamline the existing registration 
process and ensure that FMCSA can more efficiently track motor 
carriers, freight forwarders, brokers, intermodal equipment providers 
and cargo tank facilities. It implements the mandate under sec. 
31136(a)(1) that FMCSA's regulations ensure that CMVs are maintained 
and operated safely. This proposal imposes no operational 
responsibilities on drivers. Therefore, this proposed regulation would 
not impair a driver's ability to operate vehicles safely (sec. 
31136(a)(2)), would not impact the physical condition of drivers (sec. 
31136(a)(3)), and would not have a deleterious effect on the physical 
condition of drivers (sec. 31136(a)(4)).

II. Regulatory History

A. Advance Notice of Proposed Rulemaking

    In response to the ICCTA mandate to develop a unified registration 
system, the Federal Highway Administration (FMCSA's predecessor agency) 
issued an advance notice of proposed rulemaking (ANPRM) announcing 
plans to develop a single, online, Federal information system (61 FR 
43816, August 26, 1996). The ANPRM solicited specific detailed 
information from the public about each of the systems to be replaced by 
the URS, the conceptual design of the URS, uses and users of the 
information to be collected, and potential costs.

B. Notice of Proposed Rulemaking

    On May 19, 2005, FMCSA published an NPRM describing a proposal to 
merge all of the prescribed information systems except SSRS into a 
unified, online, Federal system (70 FR 28990) as set forth below.
1. Entities To Be Included in the Unified Registration System
    The Agency proposed to include the following entities in the 
Unified Registration system: (1) All for-hire motor carriers (including 
those exempt from the 49 U.S.C. chapter 139 registration requirements), 
(2) private motor carriers, (3) property brokers, and (4) freight 
forwarders.
    In the NPRM, the Agency proposed to exclude the following entities 
from the Unified Registration System: (1) Mexico-domiciled motor 
carriers applying to engage in long-haul operations, (2) applicants for 
hazardous materials safety permits to haul certain hazardous materials 
under 49 CFR part 385, subpart E, and (3) cargo tank facilities 
required to register with FMCSA pursuant to 49 CFR 107.502 and 49 
U.S.C. 5108. The Agency requested comment on whether the unique 
conditions of these entities warranted retaining separate registration 
procedures and application forms or whether they also should be 
included in the Unified Registration System. The Agency also solicited 
information on how to most effectively integrate the systems under 
consideration for merger with URS.
2. Proposed User Fees
    The Agency proposed user fees as set forth in the Table to Sec.  
360.401 below:

[[Page 66508]]



     Table to Sec.   360.401--Unified Registration Schedule of Fees
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               Registration                      You must pay FMCSA
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If you:
    (a) Are subject to the registration     $200.
     requirements under Sec.   360.3 and
     are requesting a new application to
     operate in interstate commerce.
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                             Other Services
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If you file a:
    (b) Biennial update of registration...  No cost.
    (c) Request for change of name,         No cost.
     address, or form of business.
    (d) Request for cancellation of         No cost.
     registration.
    (e) Request for registration            $100.
     reinstatement.
    (f) Designation of process agent......  $10.
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    Additionally, the Agency proposed fees for record searching, 
reviewing, copying, certifying, and related services under Sec.  
360.419(a) through (d) as follows:

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                Description                              Fee
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(a) Certificate of the Director, Office of   $12.
 Information Management, as to the
 authenticity of documents.
(b) Service involved in locating records to  $21 per hour.
 be certified and determining their
 authenticity, including incidental
 clerical and administrative work.
(c) Photocopies of public documents........  $.80 per letter- or legal-
                                              size page; $5 minimum.
(d) Search and copying services requiring
 automated data processing services (ADP),
 as follows:
    (1) Professional staff time to fulfill   $50 per hour.
     an ADP request.
    (2) Computer searches..................  Current rate for computer
                                              service as determined by
                                              the Office of Information
                                              Management (MC-RIS).
    (3) Printing...........................  Paper--$.10 per page with a
                                              $1 minimum; Electronic
                                              media--Agency's cost.
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3. Financial Responsibility
Bodily Injury and Property Damage Insurance (BI & PD) Filing 
Requirement
    Existing regulations prescribe minimum levels of financial 
responsibility for certain motor carrier classifications. However, only 
for-hire motor carriers, brokers and certain freight forwarders \4\ 
that are subject to the chapter 139 registration requirements must file 
evidence of financial responsibility with FMCSA as a precondition to 
receiving and holding chapter 139 operating authority. Evidence of 
financial responsibility may be in the form of certificates of 
insurance, surety bonds, proof of qualifications as a self-insurer, 
endorsements, or trust agreements, as appropriate.
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    \4\ Household goods freight forwarders performing transfer, 
collection and delivery service.
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    The Agency proposed to retain the financial responsibility filing 
requirement for these entities and to extend them to for-hire motor 
carriers exempt from the chapter 139 registration requirements 
(hereafter referred to as ``exempt for-hire motor carriers'') and to 
private interstate motor carriers transporting hazardous materials. All 
such carriers already are required by statute (49 U.S.C. 31138 and 
31139) and regulations (49 CFR part 387) to obtain and maintain BI & PD 
insurance. The NPRM merely proposed to require the filing of evidence 
of financial responsibility with FMCSA. The Agency believes the 
proposed filing requirement would provide the public with assurances 
that all for-hire motor carriers and private carriers transporting 
hazardous materials in interstate commerce have the financial means to 
compensate members of the public for injuries or damages caused by 
negligence. These filings also would increase public accessibility to 
insurance information and would enable FMCSA to more effectively track 
insurance cancellations.
    The filing requirement would not be extended to motor carriers 
transporting hazardous materials in intrastate commerce; these carriers 
would continue to maintain evidence of financial responsibility at 
their principal place of business.
Web-Based Filings by Insurers, Surety Companies, and Financial 
Institutions
    The Agency proposed to require financial responsibility service 
providers such as insurers to file evidence of financial responsibility 
using a Web-based (HTML) format. These filings would include evidence 
of certificates of insurance, proof of qualification to self-insure, 
endorsements, surety bonds, trust-fund agreements, household goods 
(HHG) cargo insurance, and notices of cancellations. The FMCSA believes 
Web-based filings will promote efficiencies for FMCSA, insurers, 
sureties, financial institutions, and the public. The NPRM solicited 
comment on whether the proposed mandatory Web-based filing would be a 
significant burden on small insurers, surety companies, and financial 
institutions. Also, the Agency invited comments, ideas and suggestions 
regarding a potential phase-in approach as opposed to immediate 
mandatory on-line filing.
    Cargo Insurance. The NPRM included a proposal to eliminate the 
cargo insurance requirement for all entities except HHG motor carriers 
and HHG

[[Page 66509]]

freight forwarders. Current 49 CFR 387.303(c) and 387.405(a) require 
non-exempt for-hire motor common carriers of property and freight 
forwarders, respectively, to maintain cargo insurance in the amount of 
$5,000 per vehicle, and $10,000 per occurrence, and to file evidence of 
coverage with FMCSA. Contract carriers are not subject to a requirement 
to maintain or file evidence of cargo insurance. However, SAFETEA-LU 
prohibited FMCSA from registering motor carriers as ``common'' or 
``contract'' carriers, effective January 1, 2007. The Agency proposed 
to eliminate the cargo insurance requirement for all entities except 
HHG carriers and HHG freight forwarders based on the assumption that 
most for-hire motor carriers and freight forwarders carry cargo 
insurance well above FMCSA limits because their shipper clients 
generally require it as a condition of doing business. However the 
Agency deemed it in the public interest to retain the cargo insurance 
requirement for household goods motor carriers and household goods 
freight forwarders.
    Self-Insurance Program. The Agency proposed several changes to the 
self-insurance program, including changes to the fees charged to 
applicants seeking approval to self-insure and changes to the fees 
associated with annual and quarterly reporting by entities approved to 
self-insure. The Agency announced that it would continue its practice 
of processing and approving each motor carrier self-insurance 
application on a case-by-case basis.
    Insurance Filing Fees. The Agency proposed insurance filing fees as 
set forth in the Table to Sec.  360.415(b):

            Table to Sec.   360.415(b)--Insurance Filing Fees
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------------------------------------------------------------------------
(1) Financial responsibility service provider filing                 $10
 evidence of minimum level of insurance, surety bond,
 or trust fund agreement..............................
(2) Qualification as a self-insurer for bodily injury,             4,200
 property damage, or environmental restoration........
(3) Qualification as a self-insurer for cargo                        420
 insurance............................................
(4) Quarterly self-insurance monitoring filing........               500
(5) Annual self-insurance monitoring filing...........             (\1\)
------------------------------------------------------------------------
\1\ No cost.

4. Process Agent Designations
    Current regulations under 49 CFR part 366 require only motor 
carriers and brokers that are subject to the 49 U.S.C. chapter 139 
commercial registration requirements to designate a process agent.\5\ 
Today exempt for-hire motor carriers are not subject to FMCSA 
commercial regulations and thus are not required to designate a process 
agent. Heretofore, the Agency has not exercised the authority granted 
under 49 U.S.C. 503 to require private carriers to designate a process 
agent. However, in the May 2005 NPRM, the Agency proposed to require 
new and existing private and exempt for-hire motor carriers and freight 
forwarders to make process agent designation filings with FMCSA. 
Additionally, private motor carriers that operate in the United States 
in the course of transportation between points in a foreign country 
would need to file process agent designations with the Agency.
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    \5\ Although part 366 does not require process agent 
designations by freight forwarders, designation of agents for 
service of process by freight forwarders in connection with Agency 
proceedings is required under 49 U.S.C. 13303. Consequently, the 
Agency has required such designations by freight forwarders 
notwithstanding the omission of freight forwarders in part 366. The 
Agency proposed to add freight forwarders to part 366 to fully 
implement section 13303.
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    The FMCSA concluded that extending the requirement to all URS 
registrants would enhance the public's ability to serve legal process 
on responsible individuals when seeking compensation for losses 
resulting from a crash involving a commercial motor vehicle operated by 
private or exempt for-hire motor carriers. Moreover, FMCSA would be 
better able to identify among all of its regulated entities the 
appropriate individual(s) upon whom to serve notices for enforcement 
actions.
5. Timeframes for Evidence of Financial Responsibility and Process 
Agent Designation Filings
    The Agency proposed to increase to 90 days the maximum time allowed 
for an applicant to submit evidence of financial responsibility and to 
designate a process agent (Sec. Sec.  360.13(a)(6) \6\ and (a)(7)). 
Failure to make these filings within 90 days of applying for 
registration would result in dismissal of the application.
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    \6\ The May 2005 NPRM incorrectly included two paragraphs (a)(6) 
under Sec.  360.13. This statement cross references the second 
paragraph (a)(6).
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    Existing regulations already provide up to 80 days for these 
filings. Today agents must file evidence of financial responsibility on 
behalf of non-exempt for-hire motor carriers, brokers and freight 
forwarders within 20 days of the date of publication of the application 
in the FMCSA Register (published on the Agency Web site at https://www.fmcsa.dot.gov). If the filings are not completed within the 20-day 
period, FMCSA issues a dismissal warning and may grant a one-time 60-
day grace period.
    The Agency stated that a 90-day filing period for these 
administrative filings more realistically reflects the actual time 
necessary to arrange insurance and process agent coverage. The NPRM 
included a proposal that administrative filings be completed within 90 
days after submission of the Form MCSA-1, with no further extensions. 
If either the insurance or process agent filings were not completed 
within this 90-day period, the Agency would dismiss the registration 
request.
    In addition, the Agency proposed a 180-day grace period for the 
newly required administrative filings by existing exempt for-hire and 
covered private motor carriers.
6. USDOT Number as the Sole Identifier for Entities Registered in URS
    At the time of publication of the NPRM, FMCSA registration systems 
used five identification numbers: (1) The USDOT Number; (2) the MC 
Number (assigned to non-exempt for-hire motor carriers and brokers 
registering under 49 U.S.C. chapter 139); (3) the FF Number (assigned 
to freight forwarders); (4) the MX Number (assigned to Mexico-domiciled 
motor carriers operating exclusively within municipalities in the 
United States on the U.S.-Mexico international border and the 
commercial zones of such municipalities; and (5) cargo tank facility 
(CT) numbers. The Agency proposed to discontinue issuing MC, MX, and FF 
Number designations and to phase out the use of current MC, MX, and FF 
Numbers within 2 years of the compliance date for the URS final rule. 
Thus, the USDOT Number would become the sole identification number for 
all entities registered by FMCSA (except for cargo tank facilities). 
This unique USDOT Number would be

[[Page 66510]]

displayed on the side of the vehicle pursuant to the CMV marking 
requirement in 49 CFR 390.21. The FMCSA would issue a USDOT Number with 
a distinctive suffix to any Mexico-domiciled motor carrier granted 
registration.
7. The Application Process
    The Agency proposed under subpart A to part 360 a new multi-step 
application process and procedures for issuance of a USDOT Number under 
which an applicant would begin the registration process by filing a 
completed Form MCSA-1 and paying the registration fee. If the Agency 
accepted the Form MCSA-1 application, it would assign a temporary 
number to track the application through the registration process and 
enable registrants to make required administrative filings. The 
applicant's financial responsibility agent would use the tracking 
number to file evidence of compliance with FMCSA financial 
responsibility requirements under 49 CFR part 387; the motor carrier or 
its agent also would use the temporary tracking number to make a 
process agent designation filing. An applicant would be prohibited from 
commencing operations until the Agency issues a USDOT Number and grants 
registration.
    Upon receipt of the USDOT Number, a motor carrier applicant would 
be considered a ``new entrant'' and placed under the appropriate safety 
monitoring program. A U.S.- or Canada-domiciled motor carrier would be 
subject to the FMCSA New Entrant Safety Assurance Program described 
under 49 CFR part 385, subpart D, which includes a safety audit. The 
provisional registration is the new entrant registration defined at 49 
CFR 385.3. New entrant registration for these motor carriers would 
become permanent only if the applicant satisfactorily completed the New 
Entrant Safety Assurance Program. Similarly, to receive permanent 
registration, a Mexico-domiciled new entrant operating exclusively 
within the border commercial zones would be required to satisfactorily 
complete the safety monitoring program and safety audit described under 
49 CFR part 385, subpart B. Motor carrier operating authority obtained 
under the procedures in 49 CFR part 365 would not become permanent 
until an applicant operating commercial motor vehicles satisfactorily 
completed the New Entrant Safety Assurance Program.
Special procedures for chapter 139 brokers, freight forwarders or motor 
carriers
    Current registration procedures in 49 U.S.C. 13902 allow anyone to 
oppose a request for permanent operating authority by non-exempt for-
hire motor carriers, property brokers, and freight forwarders, provided 
the protest is based upon the applicant's willingness and ability to 
comply with: (1) The registration procedures; (2) applicable DOT 
regulations, including the Federal Motor Carrier Safety Regulations 
(FMCSRs), Hazardous Materials Regulations (HMRs) and regulations 
implementing the Americans with Disabilities Act (ADA); (3) the safety 
fitness standards; and/or (4) the financial responsibility 
requirements. The proposed unified registration system would continue 
to allow protests for applications covered under section 13902, but 
would not extend the right of protest to applications for registration 
filed by private motor carriers or exempt for-hire motor carriers.
    In accordance with section 13902, FMCSA must notify the public when 
applications for authority are under consideration and provide an 
opportunity for protest. Upon acceptance of an application for 
registration from a chapter 139 entity, FMCSA would publish notice of 
the application in the FMCSA Register, initiating a 10-day protest 
period. The Agency would issue the applicant a temporary tracking 
number for the purpose of completing administrative filings and 
tracking the application through the registration process. If the 
Agency denied an application based on a protest, the application would 
be dismissed, and the registration fee would not be refunded.
    If the application of a broker or freight forwarder is not 
protested or if insufficient grounds exist to deny a protested 
application, the Agency would issue a USDOT Number and grant permanent 
registration. Brokers and freight forwarders are not subject to a 
safety monitoring program.
    If the application of a non-exempt motor carrier is not protested, 
or if insufficient grounds exist to deny a protested application, FMCSA 
would grant the applicant new entrant registration subject to 
completion of applicable administrative requirements. New entrant 
registration would become permanent registration only after 
satisfactory completion of the New Entrant Safety Assurance Program.
8. The Proposed Application Form (MCSA-1)
    The FMCSA proposed to combine the data elements now captured on 
several different licensing, registration and certification forms into 
a single, new application form called the Form MCSA-1. For those 
entities subject to URS, Form MCSA-1 would replace the following forms: 
(1) Motor Carrier Identification Report (Application for USDOT Number), 
Form MCS-150; (2) Application for Motor Property Carrier and Broker 
Authority, Form OP-1; (3) Application for Motor Passenger Carrier 
Authority, Form OP-1(P); (4) Application for Freight Forwarder 
Authority, Form OP-1(FF); and (5) Application for Mexican Certificate 
of Registration for Foreign Motor Carriers and Foreign Motor Private 
Carriers Under 49 U.S.C. 13902, Form OP-2. The NPRM also invited 
comments on whether the URS should incorporate the data requirements of 
three other registration processes: (1) Registration of Mexico-
domiciled motor carriers seeking to operate between points in Mexico 
and points in the United States beyond the border commercial zones, 
Form OP-1(MX); (2) registration of entities requesting a hazardous 
materials safety permit, Form MCS-150B; and (3) registration of cargo 
tank facilities (which is requested in a letter submitted by the 
applicant to FMCSA).
9. Electronic Filing Requirement With Paper Filing Option
    The FMCSA proposed an online electronic application process with a 
paper filing option. The Agency requested comments on the benefits or 
hardships applicants might experience from a mandatory online 
electronic filing requirement. The Agency also asked whether it should 
immediately require online electronic filing or provide a phase-in 
period. The FMCSA noted several factors in support of an online filing 
requirement:
     There is widespread public access to computers and the 
Internet;
     In 2005 when the Agency published the NPRM, more than 70 
percent of U.S. motor carriers had Internet access, with Internet 
access clearly increasing;
     Automated error-checking would result in more accurate 
information about the applicant;
     Online filing would allow USDOT Numbers to be issued 
faster, substantially reducing the current 2- to 4-week paper-based 
processing time for registration applications; and
     Online filing would be more cost-effective for FMCSA than 
manually processing applications.

[[Page 66511]]

10. Biennial Update Requirement
    The FMCSA proposed to require biennial updates using proposed Form 
MCSA-1 by all motor carriers, brokers and freight forwarders. Passenger 
and property motor carriers, freight forwarders, and property brokers 
would have to file regular updates to their registration information 
every 24 months. At the time the URS NPRM was published (May 19, 2005), 
existing Sec.  390.19 required only safety registration information 
filed on Form MCS-150 or Form MCS-150-B to be updated. There was no 
requirement for non-exempt for-hire motor carriers, property brokers, 
and freight forwarders to biennially update commercial registration 
information. In the May 2005 NPRM, the Agency explained that since the 
Form MCSA-1 would combine safety and commercial registration for most 
motor carriers, FMCSA had preliminarily concluded it is reasonable to 
extend the biennial update requirement to all motor carriers subject to 
FMCSA's commercial and safety jurisdiction. As a result, all motor 
carriers, property brokers, and freight forwarders would need to file 
biennial updates. The registration updates would provide valuable motor 
carrier and fleet information and would be useful in assessing safety 
performance. A motor carrier that registers its vehicles in a 
Performance and Registration Information Systems Management (PRISM) 
Program State would fulfill the biennial update through its annual 
State re-registration requirement.
11. Transfers of Operating Authority
    Existing 49 CFR part 365, subpart D, permits non-exempt for-hire 
motor carriers, brokers and freight forwarders that register under 
chapter 139 to merge, transfer or lease their operating authority 
(indicated by an MC or FF Number), and establishes procedures for 
Agency approval of these transactions. Currently, these entities are 
required to file transfer applications with FMCSA and pay a $300 fee.
    The Agency determined that in enacting the ICCTA, Congress repealed 
pre-existing statutory authority to approve transfers of operating 
authority (former 49 U.S.C. 10926). Accordingly, the Agency proposed to 
discontinue regulation of transfers of operating authority and to 
remove 49 CFR part 365, subpart D, governing such transfers from the 
FMCSRs.\7\
---------------------------------------------------------------------------

    \7\ FMCSA (then part of the Federal Highway Administration) 
initially proposed removal of the transfer regulations in a February 
13, 1998 NPRM (63 FR 7362). On May 16, 2001, FMCSA published a 
notice in the Federal Register (66 FR 27059) announcing the 
withdrawal of the February 1998 NPRM with the intention of 
addressing the transfer issue in the URS rulemaking.
---------------------------------------------------------------------------

    The FMCSA proposed to issue only a USDOT Number as an indicator of 
operating authority. Issuance of MC, MX, and FF Numbers would be 
discontinued. Unlike chapter 139 certificates and permits, which have 
traditionally been considered transferable motor carrier assets, a 
USDOT Number is a unique identifier used to monitor a carrier's safety 
performance. As such, the USDOT Number never has been subject to 
transfer.
    Under the proposal, the Agency would permit retention of an 
existing USDOT Number in a situation where an entity changed its legal 
name, form of business, or address, provided that there was no change 
in the ownership, management, or control of the entity. Thus, the USDOT 
Number could be retained following a change in the legal name of a sole 
proprietorship, corporation, or partnership; a change in the trade name 
or assumed name of an entity; and a change in the form of a business, 
such as the incorporation of a partnership or sole proprietorship. The 
Agency proposed that all entities requesting a change in legal name, 
form of business, or address be required to fill out a revised Form 
MCSA-1 within 20 days of the precipitating change with a certification 
that there had been no change in the ownership, management, or control 
of the entity holding the USDOT Number. Such a certification would have 
addressed whether the change in name, form of business, or address was 
associated with a transfer of the operating authority.
12. Cancellation, Reinstatement, and Deactivation of USDOT Registration
    Under existing procedures, if a motor carrier, broker or freight 
forwarder whose operations are authorized under 49 U.S.C. chapter 139 
wishes to voluntarily cancel its operating authority, it must submit a 
notarized Form OCE-46, ``Voluntary Revocation Request,'' or 
electronically file its request. In the May 2005 NPRM, the Agency 
proposed to replace the voluntary revocation request procedure with the 
procedure now used by motor carriers requesting to discontinue use of a 
USDOT Number. Motor carriers would be required to mail or 
electronically submit to the Agency a cancellation request and 
certification statement under proposed Sec.  360.701. Use of the Form 
OCE-46 would be discontinued.
    Under proposed Sec.  360.705, FMCSA would deactivate a motor 
carrier's USDOT Registration if the carrier failed to comply with the 
financial responsibility and process agent filing requirements.
    Under proposed Sec.  360.707, a motor carrier, broker or freight 
forwarder could reinstate a USDOT Registration that had been 
deactivated for less than 2 years by making the necessary filings and 
paying a reinstatement fee. If the USDOT Registration had been 
deactivated for 2 or more years, the entity would need to request the 
Agency to activate its USDOT Registration (under the previously-issued 
USDOT Number) by completing the procedures in proposed subpart A to 
part 360, including payment of a registration fee. A motor carrier that 
sought to reinstate its USDOT Registration after 2 years of being 
deactivated would be classified as a new entrant.
    In setting the proposed threshold for reclassification of a carrier 
as a new entrant at 2 years, the Agency sought to prevent carriers that 
go in and out of business for very short periods of time from being 
required to re-enter the New Entrant Safety Assurance Program. The 2-
year threshold also would parallel the existing 2-year update 
requirement for motor carrier information.
13. Requirements for Special Transit Operations (Federal Transit 
Administration (FTA) Grantees)
    The Agency proposed to include under URS passenger carriers that 
provide service funded, in whole or in part, by a grant from the FTA 
under 49 U.S.C. 5307, 5310, or 5311. (49 U.S.C. 31138(e)(4)). These 
motor carriers currently are exempt from Federal financial 
responsibility requirements but must comply with the highest minimum 
requirement imposed by any State in which they operate. The Agency 
proposed to waive all fees for FTA grantees, including the registration 
fee, insurance filing fee, and any fees related to the self-insurance 
approval process. It also proposed amending 49 CFR part 387 to reflect 
the financial responsibility requirements unique to FTA grantees.

III. Discussion of the Supplemental Notice of Proposed Rulemaking

A. New Regulatory Drafting Strategy

    The Agency proposes in the SNPRM to use a different regulatory 
drafting strategy than earlier proposed. The FMCSA would not at this 
time attempt to combine and redraft within a single CFR part the 
diverse application and program requirements as proposed in the May 
2005 URS NPRM. Instead, the Agency proposes an incremental approach 
that would establish a general

[[Page 66512]]

requirement under 49 CFR part 390, subpart C, for all entities under 
FMCSA safety or commercial jurisdiction to obtain USDOT Registration. 
USDOT Registration encompasses all registration requirements for FMCSA 
regulated entities, including the identification of motor carriers and 
intermodal equipment providers for safety oversight, as required under 
49 U.S.C. 31144, commercial registration required under 49 U.S.C. 
chapter 139, hazardous materials safety permitting required under 49 
U.S.C. 5109, and cargo tank facility registration required under 49 CFR 
107.502 and 49 U.S.C. 5108. Existing 49 CFR part 390, subpart C, which 
includes in-depth information governing intermodal equipment providers, 
would be re-designated as subpart D to part 390.
    Fee schedules would remain under 49 CFR part 360, and information 
regarding designation of process agents would remain under 49 CFR part 
366.
    Conforming amendments would be made to parts 360, 365, 366, 368, 
and 385 to replace references to obsolete forms in the OP- and MCS-
series with references to proposed Form MCSA-1, the Application for 
USDOT Number/Operating Authority.
    The new regulatory strategy is necessary because registration 
requirements vary widely among those entities regulated by FMCSA. 
Although Congress directed the Secretary to combine several distinct 
information systems into a new on-line replacement system, it did not 
direct that there be uniform requirements for all entities under FMCSA 
jurisdiction. For example, not all of the entities subject to FMCSA 
safety oversight are subject to its commercial jurisdiction under 49 
U.S.C. chapter 139 and thus required to obtain certificates, permits 
and licenses granted to motor carriers, brokers and freight forwarders, 
respectively. For this reason, the Unified Registration System would 
need to accommodate these distinctions as long as they exist.

B. The Proposal

    The comment period for the May 2005 URS NPRM closed on August 17, 
2005. The FMCSA received a total of 60 comment submissions to the 
docket from 58 entities, including State and local government agencies, 
motor carriers, industry trade associations, enforcement associations, 
safety advocates, and private citizens. Most comments supported 
creation of a unified registration system. Because the Agency is 
soliciting additional comments on modifications made to the NPRM, we 
will not, at this point in the proceeding, address all comments 
received. Comments will be discussed if they have resulted in changes 
to the Agency's original proposal. A more detailed response to comments 
received to both the NPRM and this SNPRM will be included in the 
preamble to the final URS rule.
    Major proposals carried over from the 2005 NPRM to this SNPRM 
include the following:
     The URS would combine (1) the USDOT identification number 
system; (2) the Title 49, chapter 139 commercial registration system; 
and (3) the 49 U.S.C. 13906 financial responsibility information system 
into a new single, online system. In accordance with section 4304 of 
SAFETEA-LU, the Agency also proposes inclusion of the service of 
process agent designation system in accordance with 49 U.S.C. 503 and 
13304.
     All regulated entities would be required to update 
registration information every 2 years.
     All entities registered under URS would be identified by 
FMCSA solely by the USDOT Number. Motor carriers could continue to use 
obsolete MC Numbers for business and advertising reasons, and the 
Agency would not require a motor carrier to remove the existing MC 
Number from its vehicles. But the Agency encourages motor carriers to 
refrain from displaying the MC Number on new or repainted CMVs once the 
rule becomes final.
     The Agency would no longer accept or review requests for 
transfers of operating authority.
     All existing private motor carriers that transport 
hazardous materials in interstate commerce would be required to 
maintain and file evidence of financial responsibility with the Agency. 
There would be at least a 3-month moratorium on enforcement of the 
filing requirement after the effective date of the rule. The moratorium 
would not apply to new entrants.
1. Single State Registration System (SSRS)
    Although numerous commenters addressed SSRS issues, section 4305 of 
SAFETEA-LU repealed the SSRS and placed responsibility for developing 
an SSRS replacement system with the Unified Carrier Registration Plan 
(UCR Plan). Under Section 4305(b) of SAFETEA-LU, the UCR Plan is the 
organization responsible for developing, implementing, and 
administering the Unified Carrier Registration Agreement (49 U.S.C. 
14504a(a)(9)) (UCR Agreement). The UCR Agreement developed by the UCR 
Plan is the ``interstate agreement governing the collection and 
distribution of registration and financial responsibility information 
provided and fees paid by motor carriers, motor private carriers, 
brokers, freight forwarders and leasing companies * * *.'' (49 U.S.C. 
14504a(a)(8)).
    The statute provides for a 15-member Board of Directors for the UCR 
Plan and Agreement (Board) appointed by the Secretary of 
Transportation, only one of whom shall be from the Department of 
Transportation. The remaining Board members represent State agencies 
and the motor carrier industry. The establishment of the Board was 
announced in the Federal Register on May 12, 2006 (71 FR 27777).
    The Board is charged with developing regulations governing the UCR 
Agreement and recommends the applicable fees to the Secretary of 
Transportation.\8\ The FMCSA is required by SAFETEA-LU to set the fees 
within 90 days after receiving the Board's recommendation and after 
notice and opportunity for public comment (49 U.S.C. 14504a(d)(7)(B)).
---------------------------------------------------------------------------

    \8\ The Secretary's functions under section 14504a have been 
delegated to the Administrator of the Federal Motor Carrier Safety 
Administration. 49 CFR 1.73(a)(7), as amended, 71 FR 30833 (May 31, 
2006).
---------------------------------------------------------------------------

    The FMCSA described the statutory requirements in detail in an NPRM 
published on May 29, 2007 (72 FR 29472). On Friday, August 24, 2007, 
the Agency published a final rule establishing initial fees for 2007 
and a fee bracket structure for the Unified Carrier Registration 
Agreement in the Federal Register (72 FR 48585). The FMCSA subsequently 
adjusted the UCR Agreement fees and fee bracket structure in a final 
rule dated April 27, 2010 (74 FR 21993).
    For reasons stated in Section I of this SNPRM, development of the 
replacement system for the SSRS is no longer addressed under the URS 
rulemaking.
2. Entities Subject to the URS Registration Requirement
    Except as noted below, the Agency proposes to require all entities 
which are under FMCSA commercial or safety jurisdiction to register 
under the Unified Registration System using proposed Form MCSA-1. 
Section 4304 of SAFETEA-LU amended 49 U.S.C. 13908(b) to require the 
Federal on-line replacement system to ``serve as a clearinghouse and 
depository of information on, and identification of, all foreign and 
domestic motor carriers, motor private carriers, brokers, freight 
forwarders, and others required to register with the Department of 
Transportation * * *.'' The FMCSA

[[Page 66513]]

interprets this statute as authorizing the inclusion of all entities 
regulated by FMCSA in the Unified Registration System.
    Accordingly, proposed 49 CFR 390.101 would establish a general 
requirement for all regulated entities, except Mexico-domiciled motor 
carriers seeking authority to operate beyond the border commercial 
zones (Mexico-domiciled long-haul carriers), to obtain USDOT 
Registration by filing proposed Form MCSA-1 and to provide FMCSA 
biennial updates of the registration information.
    Under proposed Sec.  390.102, a motor carrier that registers its 
vehicles in a State that participates in the Performance and 
Registration Information Systems Management program (PRISM) 
alternatively could satisfy the USDOT registration and biennial update 
requirements in Sec.  390.101 by electronically filing the required 
information with the State Driver Licensing Agency (SDLA) according to 
its policies and procedures, provided the SDLA has integrated the USDOT 
registration/update capability into its vehicle registration program. 
If State procedures do not allow a motor carrier to file the MCSA-1 
form or to submit updates within the required 24-month window, the 
motor carrier would need to complete such filings directly with FMCSA.
    Proposed Sec.  390.103 would require all for-hire motor carriers 
and private motor carriers that transport hazardous materials in 
interstate commerce, as well as brokers and freight forwarders, to file 
evidence of financial responsibility to receive USDOT Registration.
    Although seven comments supported the inclusion of Mexico-domiciled 
long-haul carriers in the unified system, the Agency does not propose 
to include such carriers at this time. In September 2007, FMCSA began 
registering Mexico-domiciled long-haul carriers under a limited-term 
cross-border demonstration project in which participation by Mexican 
carriers was voluntary. This program was discontinued in March 2009, 
following enactment of section 136 of the Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2009 
[Division I, title I of the Omnibus Appropriations Act, 2009, Public 
Law 111-8, March 11, 2009], which prohibited the use of funds 
appropriated in that Act to establish, implement, continue, promote, or 
in any way permit a cross-border demonstration program. Subsequent to 
enactment of section 136, Congress has not enacted any language that 
prohibits funding for a new cross-border demonstration program. 
Currently, FMCSA and USDOT are working closely with the Government of 
Mexico to implement a new phased-in long-haul cross border trucking 
program. FMCSA's experiences in implementing this new program will be 
important in assessing the need to propose further changes in the 
unified program at a future date. The applicable procedures governing 
transportation by Mexico-domiciled motor carriers beyond the 
municipalities and commercial zones along the United States-Mexico 
international border remain 49 CFR part 365, subpart E, 49 CFR part 
385, subpart B, and 49 CFR 390.19.
    Proposed Sec.  390.105 would list, and provide cross-references to, 
other governing regulations that are applicable to those requesting 
USDOT Registration. For-hire and private motor carriers, brokers and 
freight forwarders additionally would be required to designate a 
process agent as a pre-condition for receiving USDOT Registration and 
commercial operating authority, when applicable. U.S. and Canada-
domiciled motor carriers must satisfactorily complete the new entrant 
safety assurance program under 49 CFR part 385, subpart D in order for 
their USDOT Registration and commercial operating authority, if 
applicable, to become permanent. A Mexico-domiciled motor carrier is 
subject to the safety monitoring system under 49 CFR part 385, subpart 
B. A non-North America-domiciled motor carrier is subject to the 
requirements of 49 CFR part 385, subpart H, and must complete the 
safety monitoring program under 49 CFR part 385, subpart I. An 
intermodal equipment provider is subject to the requirements of 49 CFR 
part 390, subpart D. A person who applies for a hazardous materials 
safety permit is subject to the requirements of 49 CFR part 385, 
subpart E. 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.
    Finally, Sec.  390.107 would direct a non-North America-domiciled 
motor carrier that requests authority to conduct interstate commerce 
within the United States to Sec.  385.607(a) for detailed information 
about the requirement to complete a pre-authorization safety audit as a 
pre-condition for receiving USDOT Registration and commercial operating 
authority, if applicable.
    By placing the unified registration requirement under part 390, 
FMCSA State partners that participate in the Motor Carrier Safety 
Assistance Program would be able to enforce the registration 
requirement consistent with the compatibility requirements under 49 CFR 
parts 350 and 355.
    All entities required to register under URS are listed in the chart 
below:

                       Entities Required To Register Under the Unified Registration System
----------------------------------------------------------------------------------------------------------------
                 Entity                                                Description
----------------------------------------------------------------------------------------------------------------
1. A for hire or private motor carrier
 domiciled in the U.S., Canada, Mexico
 or a non-North American country:
    a. For-hire carrier................  A person engaged in the transportation of goods or passengers for
                                          compensation.
        i. Exempt......................  A person engaged in transportation exempt from commercial regulation by
                                          the Federal Motor Carrier Safety Administration (FMCSA) under 49
                                          U.S.C. chapter 135. Exempt motor carriers that operate commercial
                                          motor vehicles as defined in 49 U.S.C. 31101 are subject to the safety
                                          regulations set forth in Part B of Subtitle VI of subchapter B of
                                          Title 49 Code of Federal Regulations.
        ii. Non-exempt.................  A person engaged in transportation subject to commercial regulation by
                                          the Federal Motor Carrier Safety Administration (FMCSA) under 49
                                          U.S.C. chapter 139, regardless of whether such transportation is
                                          subject to the safety regulations.
    b. Private carrier.................  A person who provides transportation of property or passengers, by
                                          commercial motor vehicle, and is not a for-hire motor carrier.
2. Broker..............................  A person who, for compensation, arranges, or offers to arrange, the
                                          transportation of property by a non-exempt for-hire motor carrier.

[[Page 66514]]

 
3. Freight forwarder...................  A person holding itself out to the general public (other than as an
                                          express, pipeline, rail, sleeping car, motor, or water carrier) to
                                          provide transportation of property for compensation in interstate
                                          commerce, and in the ordinary course of its business: (1) performs or
                                          provides for assembling, consolidating, break-bulk, and distribution
                                          of shipments; (2) assumes responsibility for transportation from place
                                          of receipt to destination; and (3) uses for any part of the
                                          transportation a carrier subject to FMCSA commercial jurisdiction.
4. Intermodal equipment provider.......  A person that interchanges intermodal equipment with a motor carrier
                                          pursuant to a written interchange agreement or has a contractual
                                          responsibility for the maintenance of the intermodal equipment.
5. Hazardous Materials Safety Permit     A motor carrier that transports in interstate or intrastate commerce
 applicant.                               any of the hazardous materials, in the quantity indicated for each,
                                          listed under 49 CFR 385.403.
6. Cargo tank facility.................  A cargo tank and cargo tank motor vehicle manufacturer, assembler,
                                          repairer, inspector, tester, and design certifying engineer subject to
                                          registration requirements under 49 CFR 107.502 and 49 U.S.C. 5108.
----------------------------------------------------------------------------------------------------------------

3. Proposed User Fees
    The Agency sets forth under Sec.  360.3(f) proposed registration, 
insurance filing and other services fees as follows.

------------------------------------------------------------------------
      Type of proceeding                                       Fee
------------------------------------------------------------------------
Part I: Registration:
    (1).......................  An application for      $300.
                                 USDOT Registration
                                 pursuant to 49 CFR
                                 part 390, subpart C.
    (2).......................  An application for      $100.
                                 motor carrier
                                 temporary authority
                                 issued in response to
                                 a national emergency
                                 or natural disaster
                                 and 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.
Part II: Insurance:
    (8).......................  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.
    (9).......................  (i) An application for  [Reserved].
                                 original
                                 qualification as self-
                                 insurer for bodily
                                 injury and property
                                 damage insurance
                                 (BI&PD).
                                (ii) An application     [Reserved].
                                 for original
                                 qualification as self-
                                 insurer for cargo
                                 insurance.
                                (iii) Fee for           [Reserved].
                                 quarterly self-
                                 insurance monitoring
                                 filing.
                                (iv) Fee for annual     [Reserved].
                                 self-insurance
                                 monitoring filing.
------------------------------------------------------------------------

    The Agency proposes a $300 registration fee for all registered 
entities. Please refer to the discussion of the proposed new 
registration fee under ``IV. Regulatory Evaluation of the URS SNPRM: 
Summary of Benefits and Costs'' of the preamble for an explanation of 
the basis for this proposal. The FMCSA proposes to charge a $10 
registration reinstatement fee for those seeking to reinstate USDOT 
registration as a result of failure to maintain required financial 
responsibility and process agent designation filings with the Agency. 
The FMCSA also proposes to change the fee currently charged for 
reinstating commercial operating authority after such authority has 
been revoked from $80 to $10. After completion of required filings 
(financial responsibility or process agent designation) and payment of 
the reinstatement fee, the information system would match up the 
payment with the filings and automatically issue a reinstatement letter 
at 5:00 am on the next business day. Section 360.3(f)(7) would 
eliminate the existing $10 process agent designation filing fee because 
section 4304 of SAFETEA-LU amended 49 U.S.C. 13908(d)(2) to prohibit 
the Agency from charging a fee for filing designation of an agent for 
service of process.
    The Agency proposes under Sec.  360.1(e