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  • § 365.101
    Applications governed by these rules.
  • § 365.103
    Modified procedure.
  • § 365.105
    Starting the application process: Form OP-1.
  • § 365.107
    Types of applications.
  • § 365.109
    FMCSA review of the application.
  • § 365.110
    Need to complete New Entrant Safety Assurance Program.
  • § 365.111
    Appeals to rejections of the application.
  • § 365.113
    Changing the request for authority or filing supplementary evidence after the application is filed.
  • § 365.115
    After publication in the FMCSA Register.
  • § 365.117
    Obtaining a copy of the application.
  • § 365.119
    Opposed applications.
  • § 365.121
    Filing a reply statement.
  • § 365.123
    Applicant withdrawal.
  • § 365.201
    Definitions.
  • § 365.203
    Time for filing.
  • § 365.205
    Contents of the protest.
  • § 365.207
    Withdrawal.
  • § 365.301
    Applicable rules.
  • § 365.303
    Contacting another party.
  • § 365.305
    Serving copies of pleadings.
  • § 365.307
    Replies to motions.
  • § 365.309
    FAX filings.
  • § 365.401
    Scope of rules.
  • § 365.403
    Definitions.
  • § 365.405
    Applications.
  • § 365.407
    Notice.
  • § 365.409
    FMCSA action and criteria for approval.
  • § 365.411
    Responsive pleadings.
  • § 365.413
    Procedures for changing the name or business form of a motor carrier, freight forwarder, or property broker.
  • § 365.501
    Scope of rules.
  • § 365.503
    Application.
  • § 365.505
    Re-registration and fee waiver for certain applicants.
  • § 365.507
    FMCSA action on the application.
  • § 365.509
    Requirement to notify FMCSA of change in applicant information.
  • § 365.511
    Requirement for CVSA inspection of vehicles during first three consecutive years of permanent operating authority.
  • Appendix A to Subpart E of Part 365
    Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Mexico-Domiciled Motor Carriers

Part 365
RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

§ 365.405: Applications.

(a) Procedural requirements. (1) At least 10 days before consummation, an original and two copies of a properly completed Form OP-FC-1 and any attachments (see paragraph (b)(1)(viii) of this section) must be filed with the Federal Motor Carrier Safety Administration, IT Operations Division (MC-RIO), 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
(2) At any time after the expiration of the 10-day waiting period, applicants may consummate the transaction, subject to the subsequent approval of the application by the FMCSA, as described below. The transferee may commence operations under the rights acquired from the transferor upon its compliance with the FMCSA's regulations governing insurance, and process agents. See 49 CFR parts 387, subpart C, and 366, respectively. In the alternative, applicants may wait until the FMCSA has issued a decision on their application before transferring the operating rights. If the transferee wants the transferor's operating authority to be reissued in its name, it should furnish the FMCSA with a statement executed by both transferor and transferee indicating that the transaction has been consummated. Authority will not be reissued until after the FMCSA has approved the transaction.
(b) Information required. (1) In category 1 and category 2 transfers, applicants must furnish the following information:
(i) Full name, address, and signatures of the transferee and transferor.
(ii) A copy of the transferor's operating authority involved in the transfer proceeding.
(iii) A short summary of the essential terms of the transaction.
(iv) If relevant, the status of proceedings for the transfer of State certificate(s) corresponding to the Certificates of Registration being transferred.
(v) A statement as to whether the transfer will or will not significantly affect the quality of the human environment.
(vi) Certification by transferor and transferee of their current respective safety ratings by the United States Department of Transportation (i.e., satisfactory, conditional, unsatisfactory, or unrated).
(vii) Certification by the transferee that it has sufficient insurance coverage under 49 U.S.C. 13906 for the service it intends to provide.
(viii) Information to demonstrate that the proposed transaction is consistent with the national transportation policy and satisfies the criteria for approval set forth at § 365.409 of this part. (Such information may be appended to the application form and, if provided, would be embraced by the oath and verification contained on that form.)
(ix) If motor carrier operating rights are being transferred, certification by the transferee that it is not domiciled in Mexico nor owned or controlled by persons of that country.
(2) Category 2 applicants must also submit the following additional information:
(i) Name(s) of the carrier(s), if any, with which the transferee is affiliated.
(ii) Aggregate revenues of the transferor, transferee, and their carrier affiliates from interstate transportation sources for a 1-year period ending not earlier than 6 months before the date of the agreement of the parties concerning the transaction. If revenues exceed $2 million, the transfer may be subject to 49 U.S.C. 14303 rather than these rules.

Citation: [53 FR 4852, Feb. 18, 1988, as amended at 54 FR 35343, Aug. 25, 1989; 62 FR 49940, Sept. 24, 1997; 67 FR 61821, Oct. 2, 2002; 68 FR 56198, Sept. 30, 2003; 72 FR 55699, Oct. 1, 2007]

Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.