1、55 Federal Motor Carrier Safety Administration, DOT 368.3 75 FR 22012, Apr. 27, 2010 PART 368APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTER-NATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES. Sec. 3
2、68.1 Certificate of registration. 368.2 Definitions. 368.3 Applying for a certificate of registra-tion. 368.4 Requirement to notify FMCSA of change in applicant information. 368.5 Re-registration of certain carriers holding certificates of registration. 368.6 FMCSA action on an application. 368.7 Re
3、quirement to carry certificate of registration in the vehicle. 368.8 Appeals. AUTHORITY: 49 U.S.C. 13301 and 13902; Pub. L. 106159, 113 Stat. 1748; and 49 CFR 1.73. SOURCE: 67 FR 12660, Mar. 19, 2002, unless otherwise noted. 368.1 Certificate of registration. (a) A Mexico-domiciled motor carrier mus
4、t apply to the FMCSA and receive a Certificate of Registration to provide interstate transportation in munici-palities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities as defined in 49 U.S.C. 13902(c)(4)(A). (b) A certificate
5、 of registration per-mits only interstate transportation of property in municipalities in the United States on the United States- Mexico international border or within the commercial zones of such munici-palities. A holder of a Certificate of Registration who operates a vehicle be-yond this area is
6、subject to applicable penalties and out-of-service orders. 368.2 Definitions. Interstate transportation means trans-portation described at 49 U.S.C. 13501, and transportation in the United States otherwise exempt from the Sec-retarys jurisdiction under 49 U.S.C. 13506(b)(1). Mexico-domiciled motor c
7、arrier means a motor carrier of property whose prin-cipal place of business is located in Mexico. 368.3 Applying for a certificate of registration. (a) If you wish to obtain a certificate of registration under this part, you must submit an application that in-cludes the following: (1) Form OP2Applic
8、ation for Mexi-can Certificate of Registration for For-eign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 13902; (2) Form MCS150Motor Carrier Identification Report; and (3) A notification of the means used to designate process agents, either by submission in the application packa
9、ge of Form BOC3Designation of AgentsMotor Carriers, Brokers and Freight Forwarders or a letter stating that the applicant will use a process agent service that will submit the Form BOC3 electronically. (b) The FMCSA will only process your application for a Certificate of Registration if it meets the
10、 following conditions: (1) The application must be com-pleted in English; (2) The information supplied must be accurate and complete in accordance with the instructions to the Form OP 2, Form MCS150 and Form BOC3; (3) The application must include all the required supporting documents and applicable
11、certifications set forth in the instructions to the Form OP2, Form MCS150 and Form BOC3; (4) The application must include the filing fee payable to the FMCSA in the amount set forth in 49 CFR 360.3(f)(1); and (5) The application must be signed by the applicant. (c) If you fail to furnish the complet
12、e application as described under para-graph (b) of this section your applica-tion may be rejected. (d) If you submit false information under this section, you will be subject to applicable Federal penalties. (e) You must submit the application to the address provided in the instruc-tions to the Form
13、 OP2. (f) You may obtain the application described in paragraph (a) of this sec-tion from any FMCSA Division Office or download it from the FMCSA web VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided
14、by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-56 49 CFR Ch. III (10110 Edition) 368.4 site at: http:/www.fmcsa.dot.gov/ factsfigs/formspubs.htm. 368.4 Requirement to notify FMCSA of change in applicant information. (a) You must notify the FMCSA of any chang
15、es or corrections to the in-formation in Parts I, IA or II sub-mitted on the Form OP2 or the Form BOC3Designation of AgentsMotor Carriers, Brokers and Freight For-warders during the application process or while you have a Certificate of Reg-istration. You must notify the FMCSA in writing within 45 d
16、ays of the change or correction. (b) If you fail to comply with para-graph (a) of this section, the FMCSA may suspend or revoke the Certificate of Registration until you meet those requirements. 368.5 Re-registration of certain car-riers holding certificates of reg-istration. (a) Each holder of a ce
17、rtificate of reg-istration that permits operations only in municipalities in the United States along the United States-Mexico inter-national border or in commercial zones of such municipalities issued before April 18, 2002, who wishes to continue solely in those operations must submit an application
18、 according to procedures established under 368.3 of this part, except the filing fee in paragraph (b)(4) of that section is waived. You must file your application by October 20, 2003. (b) The FMCSA may suspend or re-voke the certificate of registration of any registrant that fails to comply with the
19、 procedures set forth in this section. (c) Certificates of registration issued before April 18, 2002, remain valid until the FMCSA acts on the OP2 applica-tion filed according to paragraph (a) of this section. 368.6 FMCSA action on the applica-tion. (a) The Federal Motor Carrier Safety Administratio
20、n will review the applica-tion for correctness, completeness, and adequacy of information. Non-material errors will be corrected without notice to the applicant. Incomplete applica-tions may be rejected. (b) If the applicant does not require or is not eligible for a Certificate of Registration, the
21、FMCSA will deny the application and notify the applicant. (c) The FMCSA will validate the ac-curacy of information and certifi-cations provided in the application against data maintained in databases of the governments of Mexico and the United States. (d) If the FMCSA determines that the application
22、 and certifications dem-onstrate that the application is con-sistent with the FMCSAs safety fit-ness policy, it will issue a provisional Certificate of Registration, including a distinctive USDOT Number that identi-fies the motor carrier as permitted to provide interstate transportation of property
23、solely in municipalities in the United States on the U.S.-Mexico international border or within the commercial zones of such municipali-ties. (e) The FMCSA may issue a perma-nent Certificate of Registration to the holder of a provisional Certificate of Registration no earlier than 18 months after th
24、e date of issuance of the Certifi-cate and only after completion to the satisfaction of the FMCSA of the safe-ty monitoring system for Mexico-domi-ciled carriers set out in subpart B of part 385 of this subchapter. (f) Notice of the authority sought will not be published in either the FED-ERAL REGIS
25、TER or the FMCSA Register. Protests or comments will not be al-lowed. There will be no oral hearings. 368.7 Requirement to carry certifi-cate of registration in the vehicle. A holder of a Certificate of Registra-tion must maintain a copy of the Cer-tificate of Registration in any vehicle providing t
26、ransportation service within the scope of the Certificate, and make it available upon request to any State or Federal authorized inspector or en-forcement officer. 368.8 Appeals. An applicant has the right to appeal denial of the application. The appeal must be in writing and specify in detail why t
27、he agencys decision to deny the application was wrong. The appeal must be filed with the Director, Office VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo
28、rking permitted without license from IHS-,-,-57 Federal Motor Carrier Safety Administration, DOT 369.2 of Data Analysis and Information Sys-tems within 20 days of the date of the letter denying the application. The de-cision of the Director will be the final agency order. PART 369REPORTS OF MOTOR CA
29、RRIERS Sec. 369.1 Annual reports of motor carriers of property, motor carriers of household goods, and dual property carriers. 369.2 Classification of carriersmotor car-riers of property, household goods car-riers, and dual property carriers. 369.3 Classification of carriersmotor car-riers of passen
30、gers. 369.4 Annual and quarterly reports of Class I carriers of passengers. 369.5 Records. 369.6 Address. 369.8 Requests for exemptions from filing. 369.9 Requests for exemptions from public release. 369.10 Public release of motor carrier of property data. 369.11 Quarterly reports of passenger reve-
31、nues, expenses, and statistics. AUTHORITY: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 14123; 49 CFR 1.73. 369.1 Annual reports of motor car-riers of property, motor carriers of household goods, and dual property carriers. (a) Annual Report Form M. All class I and class II common and contract ca
32、r-riers of property, including household goods and dual property motor car-riers, must file Motor Carrier Annual Report Form M (Form M). Carriers must file the annual report on or be-fore March 31 of the year following the year to which it relates. For classifica-tion criteria, see 369.2. (b) Quarte
33、rly Report Form QFR. All class I common motor carriers of prop-erty and class I household goods motor carriers must file Motor Carrier Quar-terly Report Form QFR (Form QFR). The quarterly accounting periods end on March 31, June 30, September 30, and December 31. The quarterly reports must be filed
34、within 30 calendar days after the end of the reporting quarter. (c) Where to file reports. Carriers must file the quarterly and annual reports with the Federal Motor Carrier Safety Administration at the address in 369.6. You can obtain blank copies of the re-port forms from the Federal Motor Car-rie
35、r Safety Administration. 64 FR 13921, Mar. 23, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006 369.2 Classification of carriers motor carriers of property, house-hold goods carriers, and dual prop-erty carriers. (a) Common and contract motor car-riers of p
36、roperty are grouped into the following three classes: Class I. Carriers having annual car-rier operating revenues (including interstate and intrastate) of $10 million or more after applying the revenue deflator formula in Note A. Class II. Carriers having annual car-rier operating revenues (includin
37、g interstate and intrastate) of at least $3 million but less than $10 million after applying the revenue deflator formula in Note A. Class III. Carriers having annual car-rier operating revenues (including interstate and intrastate) of less than $3 million after applying the revenue deflator formula
38、 in Note A. (b)(1) The class to which any carrier belongs shall be determined by annual carrier operating revenues (excluding revenues from private carriage, com-pensated intercorporate hauling, and leasing vehicles with drivers to private carriers) after applying the revenue deflator formula in Not
39、e A. Upward and downward classification will be ef-fective as of January 1 of the year im-mediately following the third consecu-tive year of revenue qualification. (2) Any carrier which begins new op-erations by obtaining operating au-thority not previously held or extends its existing authority by
40、obtaining ad-ditional operating rights shall be clas-sified in accordance with a reasonable estimate of its annual carrier oper-ating revenues after applying the rev-enue deflator formula shown in Note A. (3) When a business combination oc-curs such as a merger, reorganization, or consolidation, the
41、 surviving carrier shall be reclassified effective as of Jan-uary 1 of the next calendar year on the basis of the combined revenues for the year when the combination occurred after applying the revenue deflator for-mula shown in Note A. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
