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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

§ 365.507: FMCSA action on the application.

(a) The FMCSA will review and act on each application submitted under this subpart in accordance with the procedures set out in this part.
(b) The FMCSA will validate the accuracy of information and certifications provided in the application by checking data maintained in databases of the governments of Mexico and the United States.
(c) Every Mexico-domiciled carrier that applies under this part must satisfactorily complete an FMCSA-administered safety audit before FMCSA will grant provisional operating authority to operate in the United States. The safety audit is a review by the FMCSA of the carrier's written procedures and records to validate the accuracy of information and certifications provided in the application and determine whether the carrier has established or exercises the basic safety management controls necessary to ensure safe operations. The FMCSA will evaluate the results of the safety audit using the criteria in Appendix A to this subpart.
(d) If a carrier successfully completes the pre-authorization safety audit and the FMCSA approves its application submitted under this subpart, FMCSA will publish a summary of the application as a preliminary grant of authority in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application, as required in § 365.109(b) of this part.
(e) If the FMCSA grants provisional operating authority to the applicant, it will assign a distinctive USDOT Number that identifies the motor carrier as authorized to operate beyond the municipalities in the United States on the U.S.-Mexico international border and beyond the commercial zones of such municipalities. In order to operate in the United States, a Mexico-domiciled motor carrier with provisional operating authority must:
(1) Have its surety or insurance provider file proof of financial responsibility in the form of certificates of insurance, surety bonds, and endorsements, as required by § 387.301 of this subchapter;
(2) File a hard copy of, or have its process agent(s) electronically submit, Form BOC-3—Designation of Agents-Motor Carriers, Brokers and Freight Forwarders, as required by part 366 of this subchapter; and
(3) Comply with all provisions of the safety monitoring system in subpart B of part 385 of this subchapter, including successfully passing CVSA Level I inspections at least every 90 days and having decals affixed to each commercial motor vehicle operated in the United States as required by § 385.103(c) of this subchapter.
(f) The FMCSA may grant permanent operating authority to a Mexico-domiciled carrier no earlier than 18 months after the date that provisional operating authority is granted and only after successful completion to the satisfaction of the FMCSA of the safety monitoring system for Mexico-domiciled carriers set out in subpart B of part 385 of this subchapter. Successful completion includes obtaining a satisfactory safety rating as the result of a compliance review.