[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68980-68984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18946]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0109]
Agency Information Collection Activities; Approval of a New
Information Collection Request: 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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[[Page 68981]]
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 review
and approval. FMCSA is replacing its Unified Registration System (URS),
with a new, online registration system, which will be named the ``FMCSA
Registration System'' (FRS). The new system will allow all persons
required to register under the Agency's commercial or safety
jurisdiction to do so online.
DATES: Comments on this notice must be received on or before September
27, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find
this information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Secrist, Office of
Registration, Chief, Registration Division, DOT, FMCSA, West Building,
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 385-
2367; [email protected].
SUPPLEMENTARY INFORMATION:
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: 764,582.
Estimated Time per Response: Varies.
Expiration Date: This is a new ICR.
Frequency of Response: Annually.
Estimated Total Annual Burden: 583,306 Hours.
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. Four comments were received in response to the 60-day Federal
Register notice. This 30-day FR notice corrects the number of
respondents stated in the 60-day FR, and hence the estimated burden
hours calculated and stated in the 60-day FR, after FMCSA realized the
most current data was not applied.
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 (Sec. 365.413T) require 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, Sec. 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, Sec.
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 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
[[Page 68982]]
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, Sec. 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, Sec. 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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New FRS series of
questions using
Information collection Information collection title Associated forms smart logic for
approval number each information
collection (IC)
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2126-0051................... FMCSA Registration/Updates...... MCSA-1..................... IC-1
2126-0016................... Licensing Applications for Motor OP-1 series................ IC-2
Carriers Operating Authority.
2126-0013................... Motor Carrier Identification MCS-150, MCS-150B and MCS- IC-3
Report. 150C.
2126-0060................... Motor Carrier Records Change MCSA-5889.................. IC-4
Form.
2126-0018................... Request for Revocation of OCE-46..................... IC-5
Authority Granted.
2126-0015................... Designation of Agents, Motor BOC-3...................... IC-6
Carriers, Brokers, and Freight
Forwarders.
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Efforts to address fraudulent information from appearing on
registration records. FMCSA has seen a significant increase in the
occurrence of fraudulent activity where erroneous information about a
registered entity is
[[Page 68983]]
being used, resulting in cargo and monetary theft in the motor carrier
industry. Examples of fraudulent activity include identity theft,
hijacking FMCSA motor carrier accounts, selling of motor carrier
numbers, personal identification numbers, and fraudulent or fake
initial registrations. The current legacy registration system lacks the
ability to validate identity before registration processing, which is
leading to fraudulent registrations and theft. A portion of the recent
fraudulent activities also includes foreign actors. In response, FMCSA
has significantly increased efforts to combat external fraud and
understand the scope of the issue.
As part of the new FRS, FMCSA plans to verify individuals'
identities by establishing a secure and reliable process that utilizes
an identity-proofing solution. This will improve the overall resilience
of the Agency's digital ecosystems, promote user confidence, and ensure
that only verified entities register with FMCSA and gain access to
their data. FMCSA will develop measures to verify and secure
individuals' identities in the digital space through an identity-
proofing solution that supports omni-channel onboarding. This means
customers may use different channels such as remotely using a
smartphone, tablet, or personal computer, or alternatively, in-person
assistance via agents, to verify their identity. The identity-proofing
solution will interface with existing FMCSA applications using either
application programming interfaces (APIs) or lightweight connectors,
which do not require extensive development resources for FMCSA. Based
on FMCSA's research, the contracted verification system has a user-
friendly interface and experience that allows for seamless interaction
during the identity-proofing process--promoting ease of use for both
administrators and customers.
To complete the verification process, an applicant must: (1)
transmit a photo of a valid state-issued Driver's License or other
acceptable forms of identification and (2) use their personal mobile
device for facial recognition verification. The contracted vendor will
validate the customer's form of identification, confirm the identity of
the individual, and compare the results with data in their existing
databases. Customers who are unable or unwilling to verify their
identity using digital means (e.g., mobile phone or computer), may go
in-person to one of the sanctioned support centers and undergo the
process of identity verification with the assistance of an agent. FMCSA
will determine the number of support centers available. The contractor
will send the results of the verification to FMCSA allowing the
customer to move forward with the FMCSA registration process. Once the
verification process is complete, the contractor will delete any
collected personal-identifiable information (PII) and only share the
transaction result with FMCSA. The result will not include any PII.
FMCSA will begin with identity proofing, verifying the identity of
all new applicants, as well as the approximately 800,000 existing
registrants within a designated timeframe. Later, the Agency will
initiate a process for verifying the business which is being registered
by the individual. FMCSA estimates that the government conducts
approximately 3.5 million transactions annually for motor carrier
registration and compliance-related purposes that would require
identity proofing.
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.
On April 19, 2024, FMCSA published a 60-day Federal Register notice
(89 FR 28841) with a 60-day public comment period to announce its
intention to submit this new ICR to OMB for its review and approval.
FMCSA received four comments from the public. A property management
company commented with concerns about sole proprietorships which are
not always required to register with the Secretary of State in some
states. Another individual commented on the urgency of fraudulent
activity as it relates to cargo theft and efforts to enforce existing
laws. Both comments are not applicable to this ICR, but FMCSA will
consider them in a related rulemaking action and in its development of
the FRS.
One comment was submitted by the firms of Seaton & Husk, L.P. and
Clark Hill PLC on behalf of a coalition of transportation, logistics,
and security organizations. These stakeholders expressed concern that
the FRS proposal was premature and could not be artificially separated
from currently pending proposals to amend motor carrier, broker, and
forwarder registration requirements relating to safety fitness and
prevention of fraud. The stakeholders commended FMCSA for recognizing
that closer scrutiny of registration applications is necessary to
prevent supply chain fraud ranging from identity theft to stolen loads.
However, the commenters stated the FRS questionnaire alone would not be
nearly enough unless backed up by hands-on vetting and verification of
applicants before operating authority is granted. The commenters
request that implementation of the new application be postponed
because: (1) the Agency's acknowledgement during its May 29, 2024,
listening session that additional rulemaking would be required to vet
existing carriers and intermediaries, regardless of commodity or size
of equipment; (2) pending rulemakings which are intended to address the
need for vetting all new applicants for safety; (3) the absence of
clarity on the FMCSA's role in identifying, policing, and prosecuting
supply chain fraud; and (4) pending congressional initiatives and the
unaddressed possibility of inter-agency coordination to address supply
chain fraud with the full implementation of government resources.
FMCSA reviewed the comments submitted by the coalition and finds
the comments are not applicable to requesting OMB review and approval
of this ICR, which will impact several currently approved information
collections. Under FRS, these forms will be integrated into the online
system through a series of questions that will be asked, using smart
logic. None of the coalition's comments relate to either the currently
approved forms or the idea of consolidating them into one, online
system. FMCSA will consider the coalition's comments as they relate to
other, ongoing actions.
One comment was received from the American Trucking Associations
(ATA) and ATA's Moving and Storage Conference (MSC). ATA supports
FMCSA's transition to a modernized online registration system, as well
as its efforts to bolster the safety, security, and efficiency of its
existing carrier registration system. ATA provided recommendations and
considerations to further strengthen the system against fraudulent
activities, including: (1) streamline access and use for legitimate
carriers without undue regulatory hurdles; (2) enhance identity
verification and security measures; (3) improve data quality and
accessibility; (4) operating authority and USDOT number issuance; (5)
establish thresholds for entry; (6) FMCSA Registration System
implementation; and (7) create an ecosystem of fraud prevention beyond
registration system. ATA called for FMCSA to dedicate resources to
better understanding and identifying sources of fraud, their
prevalence, and the extent to which fraudulent practices are committed
by individuals acting within legitimate organizations (i.e., brokers,
freight
[[Page 68984]]
forwarders, third parties, and intermediaries involved in the
application process). ATA expressed FMCSA must commit to a culture of
continuous improvement and comprehensive prevention efforts beyond the
scope of an updated registration system to ensure long-term success and
registration satisfaction.
FMCSA reviewed the comments submitted by ATA and MSC and finds the
recommendations and considerations listed above are not applicable to
requesting OMB review and approval of this ICR. However, FMCSA will
consider these comments as it takes advantage of the new, enhanced
technology and system design, adds fraud prevention and security
measures, simplifies a complex application process, and improves data
quality and safety.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator Office of Research and Registration.
[FR Doc. 2024-18946 Filed 8-27-24; 8:45 am]
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