Agency Information Collection Activities; Renewal of an Approved Information Collection: Licensing Applications for Motor Carrier Operating Authority, 86722-86723 [2023-27455]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86722-86723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27455]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0179]


Agency Information Collection Activities; Renewal of an Approved 
Information Collection: Licensing Applications for Motor Carrier 
Operating Authority

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. FMCSA requests approval 
to renew the ICR titled ``Licensing Applications for Motor Carrier 
Operating Authority,'' OMB Control No. 2126-0016. This ICR applies to: 
(1) Existing registrants (i.e., entities that already have a USDOT 
number and/or operating authority) that are subject to FMCSA's 
licensing, registration, and certification regulations that wish to 
apply for additional authorities; and (2) Mexico-domiciled carriers 
that wish to operate beyond the U.S. municipalities on the U.S.-Mexico 
border and their commercial zones. Existing registrants seeking 
additional authorities must use forms OP-1, OP-1(P), OP-1(FF), and OP-
1(NNA), to apply for such authority. Mexico-domiciled carriers seeking 
the authority described above must apply for such authority using Form 
OP-1(MX).

DATES: Comments on this notice must be received on or before February 
12, 2024.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0179 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC, 20590-0001 between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey L. Secrist, Office of 
Registration, Chief, Registration, Division, Department of 
Transportation, Federal Motor Carrier Safety Administration, West 
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590; 
(202) 385-2367; [email protected].

SUPPLEMENTARY INFORMATION:

Instructions

    All submissions must include the Agency name and docket number. For 
detailed instructions on submitting comments, see the Public 
Participation heading below. 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.

Public Participation and Request for Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2023-0179), indicate the specific section of this 
document to which your comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so FMCSA can contact you if there are questions regarding your 
submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0179/document, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an

[[Page 86723]]

unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    Comments received after the comment closing date will be included 
in the docket and will be considered to the extent practicable.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    FMCSA registers for-hire motor carriers of regulated commodities 
and of passengers under 49 U.S.C. 13902(a); surface freight forwarders 
under 49 U.S.C. 13903; property brokers under 49 U.S.C. 13904; and 
certain Mexico domiciled motor carriers under 49 U.S.C. 13902(c). These 
motor carriers may conduct transportation services in the United States 
only if they are registered with FMCSA. Each registration is effective 
from the date specified and remains in effect for such period as the 
Secretary of Transportation (Secretary) determines by regulations.
    Prior to 2015, all entities seeking authority (both first-time 
applicants and registered entities seeking additional authorities) were 
required to apply for such authority using the OP-1 series of forms, 
including OP-1, OP-1(P), OP-1(FF), OP-1(NNA), and OP-1(MX) (for Mexico-
domiciled carriers only).
    The final rule titled ``Unified Registration System,'' (78 FR 
52608) dated August 23, 2013, implemented statutory provisions for an 
online registration system for entities that are subject to FMCSA's 
licensing, registration, and certification regulations. The Unified 
Registration System (URS) streamlines the registration process and 
serves as a clearinghouse and repository of information on motor 
carriers, brokers, freight forwarders, intermodal equipment providers, 
hazardous materials safety permit applicants, and cargo tank facilities 
required to register with FMCSA. When developing URS, FMCSA planned 
that the OP-1 series of forms--except for OP-1(MX)--would ultimately be 
folded into one overarching electronic application (MCSA-1) which would 
be used by all motor carriers seeking authority.
    FMCSA began a phased rollout of URS in 2015. The first phase, which 
went into effect on December 12, 2015, impacted only first-time 
applicants seeking an FMCSA-issued registration. FMCSA had planned 
subsequent rollout phases for existing registrants; however, there were 
substantial delays, and subsequent phases have not been rolled out to 
date.
    On January 17, 2017, FMCSA issued a final rule titled ``Unified 
Registration System; Suspension of Effectiveness,'' which indefinitely 
suspended URS effective dates for existing registrants only (82 FR 
5292). Pursuant to this final rule, FMCSA is still accepting forms OP-
1, OP-1(P), OP-1(FF), and OP-1(NNA) for existing registrants wishing to 
apply for additional authorities. Separately, FMCSA requires Form OP-
1(MX) for new and existing Mexico-domiciled motor carriers that wish to 
operate beyond the U.S. municipalities on the U.S.-Mexico border and 
their commercial zones. Information collected through URS, utilizing 
the MCSA-1, does not include registration form OP-1(MX), which 
continues to remain a paper form outside URS.
    Forms in the OP-1 series request information to identify the 
applicant, the nature and scope of its proposed operations, a narrative 
description of the applicant's safety policies and procedures, and 
information regarding the drivers and vehicles it plans to use in U.S. 
operations. The OP-1 series also requests information on the 
applicant's familiarity with relevant safety requirements, the 
applicant's willingness to comply with those requirements during its 
operations, and the applicant's willingness to meet any specific 
statutory and regulatory requirements applicable to its proposed 
operations. Information collected through these forms aids FMCSA in 
determining the type of operation a company may run, the cargo it may 
carry, and the resulting level of insurance coverage the applicant will 
be required to obtain and maintain to continue its operating authority.

Changes From Previous Estimates

    The currently approved version of this ICR estimated the average 
annual burden to be 162,476 annual burden hours, with 81,209 total 
annual respondents. For this renewal the estimated average annual 
burden is 318,656, with 159,312 total average annual respondents. The 
annual burden hourly increase of 156,180 is due to an increase in the 
number of entities that registered 2020 through 2022 and were required 
to obtain operating authority registration. The average number of 
entities which registered in the three-year period 2020 and 2022 
increased by 96 percent compared to the number that registered 2017 
through 2019.
    Title: Licensing Applications for Motor Carrier Operating 
Authority.
    OMB Control Number: 2126-0016.
    Type of Request: Renewal of a currently approved ICR.
    Respondents: Carrier compliance officer or equivalent from motor 
carriers, motor passenger carriers, freight forwarders, brokers, and 
certain Mexico-domiciled motor carriers subject to FMCSA's licensing, 
registration, and certification regulations.
    Estimated Number of Respondents: 159,312.
    Estimated Time per Response: 2 hours for forms OP-1, OP-1(P) and 
OP-1(FF); 4 hours for forms OP-1(MX) and OP-1(NNA).
    Expiration Date: May 31, 2024.
    Frequency of Response: Other (as needed).
    Estimated Total Annual Burden: 318,656.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The Agency will summarize or include your 
comments in the request for OMB's clearance of this ICR.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-27455 Filed 12-13-23; 8:45 am]
BILLING CODE 4910-EX-P