Agency Information Collection Activities; Request Approval of a New Information Collection: FMCSA Registration System (FRS), 28841-28844 [2024-08439]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28841-28844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08439]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0109]


Agency Information Collection Activities; Request Approval of a 
New Information Collection: FMCSA Registration System (FRS)

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 
for a new ICR titled ``FMCSA Registration System (FRS)''. FMCSA is 
replacing its Unified Registration System (URS), with a new, online 
registration system, which will be named the ``FMCSA Registration

[[Page 28842]]

System'' (FRS). The new system will allow all persons required to 
register under the Agency's commercial or safety jurisdiction to do so 
online. Specifically, this new ICR will apply to: new registrants 
applying for safety and/or operating authority registration for the 
first time from FMCSA; existing registrants (i.e., entities that 
already have a USDOT number and/or operating authority) that are 
subject to FMCSA's registration and certification regulations that wish 
to apply for additional authorities; Mexico-domiciled carriers that 
wish to operate beyond the U.S. municipalities on the U.S.-Mexico 
border and their commercial zones; registrants seeking to process name 
changes, address changes, and reinstatements of operating authority for 
motor carriers, freight forwarders, and brokers; registrants which are 
requesting to voluntarily suspend their safety and/or operating 
authority registration with FMCSA; and motor carriers, brokers and 
freight forwarders that must designate an agent on whom service of 
notices in proceedings before the Secretary may be made. It will also 
apply to designated agents and those entities providing proof of 
financial responsibility requirements, such as insurance companies and 
bond agents.

DATES: Comments on this notice must be received on or before June 18, 
2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Docket Number FMCSA-2024-0109 using any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: (202) 493-2251.
     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: 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.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of 
Registration, Chief, Registration Division, DOT, FMCSA, West Building 
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 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.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, and follow the 
online instructions for accessing the docket, or go to the street 
address listed above.
    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.
    Public Participation: To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2024-0109/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 unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    Background: FMCSA registers for-hire motor carriers of regulated 
commodities and of passengers, under 49 United States Code (U.S.C.) 
13902(a); surface freight forwarders, under 49 U.S.C. 13903; property 
brokers, under 49 U.S.C. 13904; certain Mexico-domiciled motor 
carriers, under 49 U.S.C. 13902(c), and cargo tank motor vehicle 
manufacturers, assemblers, repairers, inspectors, testers, and design 
certifying engineers under 49 U.S.C. 5121a, 49 CFR 1.87, and 49 CFR 
part 107, subpart F. 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.
    Motor carriers, freight forwarders, and property brokers are 
required to request a name or address change and to request 
reinstatement of a revoked operating authority. Procedures for changing 
the name or business form of a motor carrier, freight forwarder, or 
property broker (49 CFR 365.413T) states that motor carriers, 
forwarders, and brokers must submit the required information to FMCSA's 
Office of Registration requesting the change.
    Subsection (d) of 49 U.S.C. 13905 also provides that on application 
of the registrant, the Secretary may amend or revoke a registration, 
and hence the registrant's operating authority. These registrants may 
apply to voluntarily revoke their operating authority or parts thereof. 
If the registrant fails to maintain evidence of the required level of 
insurance coverage on file with FMCSA, its operating authority will be 
revoked involuntarily. Although the effect of both types of revocation 
is the same, some registrants prefer to request voluntary revocation. 
For various business reasons, a registrant may request revocation of 
part, but not all, of its operating authority.
    Registered motor carriers, brokers and freight forwarders must 
designate an agent on whom service of notices in proceedings before the 
Secretary may be made (49 U.S.C. 13303). Registered motor carriers must 
also designate an agent for every State in which they operate and 
traverse in the United States during such operations, on whom process 
issued by a court may be served in actions brought against the 
registered motor carrier (49 U.S.C. 13304, 49 CFR 366.4T). Every broker 
shall make a designation for each State in which its offices are 
located or in which contracts are written (49 U.S.C. 13304, 49 CFR 
366.4T). Regulations governing the designation of process agents are 
found at 49 CFR part 366.
    FMCSA requests information to identify the applicant, the nature 
and scope of its proposed operations, safety-related details, and 
information regarding the drivers and vehicles it plans to use in U.S. 
operations. FMCSA and the States use registration information collected 
to track motor carriers, freight forwarders, brokers, and other 
entities they regulate. Registering motor carriers is essential to 
being able to identify carriers so that their safety performance can be 
tracked and evaluated. The data makes it possible to link individual 
trucks to the responsible motor carrier, thus implementing the mandate 
under 49 U.S.C. 31136(a)(1); that is, ensuring that commercial motor 
vehicles are maintained and operated safely. In general, registration 
information collected informs prioritization of the Agency's activities 
and aids in assessing and statistically analyzing the safety outcomes 
of those activities.
    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

[[Page 28843]]

regulations. When developing URS, FMCSA planned that the OP-1 series of 
forms (except for OP-1(MX)) would ultimately be folded into one 
overarching form (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 
became effective 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 effectiveness dates for existing registrants only (82 FR 
5292).
    Pursuant to this final rule, FMCSA was 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 Mexico-domiciled carriers that wish to operate beyond the U.S. 
municipalities on the U.S.-Mexico border and their commercial zones. 
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.
    In addition, FMCSA accepted Form MCS-150 (Motor Carrier 
Identification Report, Application for USDOT Number), Form MCS-150B 
(Combined Motor Carrier Identification Report and Hazardous Materials 
Permit Application), and MCS-150C (Intermodal Equipment Provider 
Identification Report, Application for USDOT Number). Title 49, U.S.C. 
504(b)(2) provides the Secretary with authority to require carriers, 
lessors, associations, or classes of these entities to file annual, 
periodic, and special reports containing answers to questions asked by 
the Secretary. Existing registrants use the MCS-150 or MCS-150B to 
update their information in the Motor Carrier Management Information 
System, while applicants filing for the first time were required to 
file on-line using URS. Form MCS-150 or MCS-150B is also used for 
Mexico-domiciled carriers that seek authority to operate beyond the 
United States municipalities on the United States-Mexico border and 
their commercial zones.
    Registered motor carriers, brokers, and freight forwarders must 
designate an agent on whom service of notices in proceedings before the 
Secretary may be made through filing the Form BOC-3, Designation of 
Agents for Service of Process. Registered motor carriers must designate 
an agent for every State in which they operate and traverse in the 
United States during such operations, on whom process issued by a court 
may be served in actions brought against the registered motor carrier 
(49 U.S.C. 13304, 49 CFR 366.4T). Every broker must also make a 
designation for each State in which its offices are located or in which 
contracts are written (49 U.S.C. 13304, 49 CFR 366.4T).
    New Collection: As described above, only first-time applicants 
seeking an FMCSA-issued registration must apply for authority via URS, 
while existing registrants used several forms to update their 
information, apply for additional authorities, and designate process 
agents. Under the new FRS, all forms described above will be integrated 
into the online system through a series of questions that will be 
asked, using smart logic. The only exception will be the Form OP-2, 
Application for Mexican Certificate of Registration for Foreign Motor 
Carriers and Foreign Motor Private Carriers under 49 U.S.C. 13902. 
Information collection activities associated with the Form OP-2 are 
covered under a different ICR, titled ``Application for Certificate of 
Registration for Foreign Motor Carriers and Foreign Motor Private 
Carriers,'' OMB Control No. 2126-0019, which will continue in effect.
    This new ICR impacts several currently approved collections of 
information, listed below. However, until the new FRS is completed, 
FMCSA cannot estimate the burden, in hours or expense, that FRS users 
will be required to endure in comparison to the burdens associated for 
the approved collections listed below. FMCSA is developing FRS in such 
a way as to save users as much time as possible. However, FMCSA expects 
that, at worst, the time and effort required to complete an 
application, update, or process agent designation in FRS will be the 
same as it is to complete in the URS or using a paper form. Thus, for 
purposes of this new collection, FMCSA assumes the same time and cost 
burdens as were previously listed in the approved collections. In the 
future, during routine renewals and/or revisions for this new 
collection, and as FMCSA gathers information on average time per 
transaction in FRS, FMCSA expects to be able to refine these estimates.
    It is expected that FMCSA will eliminate the following collections, 
along with all associated forms, as users will instead use the FRS to 
collect the information previously submitted using the listed forms. 
However, until FMCSA completes a regulatory change to remove reference 
to these forms from regulation, registrants may continue to use these 
forms to request the appropriate registration action.

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    Information  collection     Information collection
         approval No.                    title          Associated forms
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2126-0013.....................  Motor Carrier           MCS-150, MCS-
                                 Identification Report.  150B and MCS-
                                                         150C.
2126-0015.....................  Designation of Agents,  BOC-3.
                                 Motor Carriers,
                                 Brokers and Freight
                                 Forwarders.
2126-0016.....................  Licensing Applications  OP-1 series.
                                 for Motor Carriers
                                 Operating Authority.
2126-0018.....................  Request for Revocation  OCE-46.
                                 of Authority Granted.
2126-0051.....................  FMCSA Registration/     MCSA-1.
                                 Updates.
2126-0060.....................  Motor Carrier Records   MCSA-5889.
                                 Change Form.
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[[Page 28844]]

    The current information collection supports the DOT Strategic Goal 
of Safety. It streamlines registration processes and ensures that FMCSA 
can more efficiently track motor carriers, freight forwarders, brokers, 
and other entities regulated by the Agency.
    Title: FMCSA Registration System.
    OMB Control Number: 2126-00XX.
    Type of Request: New ICR.
    Respondents: Motor carriers, freight forwarders, brokers, and other 
entities regulated by the Agency.
    Estimated Number of Respondents: 648,928.
    Estimated Time per Response: Varies.
    Expiration Date: This is a new ICR.
    Frequency of Response: Annual.
    Estimated Total Annual Burden: 417,741 Hours.
    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.

Kenneth H. Riddle,
Director, Office of Registration.
[FR Doc. 2024-08439 Filed 4-18-24; 8:45 am]
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