[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
------------------------------------------------------------------------
Information collection Information collection
approval No. title Associated forms
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
[[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]
BILLING CODE 4910-EX-P