Agency Information Collection Activities; Renewal of a Currently-Approved Information Collection: Licensing Applications for Motor Carrier Operating Authority

Kelly Regal
Federal Motor Carrier Safety Administration
11 September 2019

[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Notices]
[Pages 48000-48001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19651]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0201]


Agency Information Collection Activities; Renewal of a Currently-
Approved Information Collection: Licensing Applications for Motor 
Carrier Operating Authority

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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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 
to renew the ICR titled ``Licensing Applications for Motor Carrier 
Operating Authority,'' OMB Control No. 2126-0016. This ICR applies to 
(1) existing registrants (i.e., entities that already have a USDOT 
number and/or operating authority) that are subject to FMCSA's 
licensing, registration, and certification regulations and that wish to 
apply for additional authorities, and (2) Mexico-domiciled carriers 
that wish to operate beyond the U.S. municipalities on the U.S.-Mexico 
border and their commercial zones. Existing registrants seeking 
additional authorities must use forms from the OP-1 series, including 
OP-1, OP-1(P), OP-1(FF), and OP-1(NNA), to apply for such authority. 
Mexico-domiciled carriers seeking the authority described above must 
apply for such authority using Form OP-1(MX).

DATES: We must receive your comments on or before November 12, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2019-0201 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. e.t., 
Monday through Friday, except Federal holidays.
    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 http://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 http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, 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: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of 
Registration and Safety Information, Chief, East and South Division, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, West Building, 6th Floor, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Telephone: 202-385-2367; email: 
jeff.secrist@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA registers for-hire motor carriers of regulated commodities 
and of passengers, under 49 U.S.C. 13902(a); surface freight 
forwarders, under 49 U.S.C. 13903; property brokers, under 49 U.S.C. 
13904; and certain Mexico-domiciled motor carriers, under 49 U.S.C. 
13902(c). 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.
    Prior to 2015, all entities seeking authority (both first-time 
applicants and registered entities seeking additional authorities) were 
required to apply for such authority using the OP-1 series of forms, 
including OP-1, OP-1(P), OP-1(FF), OP-1(NNA), and OP-1(MX) (for Mexico-
domiciled carriers only).
    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. The Unified 
Registration System (URS) streamlines the registration process and 
serves as a clearinghouse and repository of information on motor 
carriers, brokers, freight forwarders, intermodal equipment providers, 
hazardous materials safety permit applicants, and cargo tank facilities 
required to register with FMCSA. 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 
went into effect on December 12, 2015, impacts only first-time 
applicants seeking an FMCSA-issued registration. FMCSA had planned 
subsequent rollout phases for existing registrants; however, there have 
been 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 is still 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

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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.

Changes From Previous Estimates

    The previously approved version of this ICR estimated the average 
annual burden to be 24,853 hours, with 37,240 total annual respondents. 
The current ICR estimates 147,124 annual burden hours, with 73,538 
total annual respondents. The program change increase of 122,271 
estimated annual burden hours and 36,298 respondents is due to a change 
in assumptions and circumstances.
    In the previously approved ICR, FMCSA calculated the burden 
estimate for forms OP-1, OP-1(P), OP-1(FF), and OP-1(NNA) for only 1 
year, because the Agency expected that all motor carriers would begin 
using Form MCSA-1 via URS beginning in 2017. However, as discussed 
above, FMCSA has experienced delays in rolling out Phase II of URS 
(which applies to existing registrants) and has indefinitely suspended 
the effective date of URS requirements for such entities. Until further 
notice, existing registrants must still use the OP-1 series of forms to 
apply for additional authorities. FMCSA is assuming that this will be 
the case for the 3-year period covered by this ICR. This has resulted 
in an increase in the number of annual responses and burden hours.
    As described above, only first-time applicants seeking an FMCSA-
issued registration must apply via URS. Under URS, all forms in the OP-
1 series, except OP-1(MX), are folded into Form MCSA-1. Information 
collection activities associated with MCSA-1 are covered under a 
different ICR, titled ``FMCSA Registration/Updates,'' OMB Control 
Number 2126-0051.
    Title: Licensing Applications for Motor Carrier Operating 
Authority.
    OMB Control Number: 2126-0016.
    Type of Request: Renewal of a currently approved collection.
    Respondents: Carrier compliance officer or equivalent from motor 
carriers, motor passenger carriers, freight forwarders, brokers, and 
certain Mexico-domiciled motor carriers subject to FMCSA's licensing, 
registration and certification regulations.
    Estimated Number of Respondents: 73,538.
    Estimated Time per Response: 2 hours for forms OP-1, OP-1(P), and 
OP-1(FF); 4 hours for forms OP-1(MX) and OP-1(NNA).
    Expiration Date: January 31, 2020.
    Frequency of Response: Other (as needed).
    Estimated Total Annual Burden: 147,124 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 information 
collection.

    Issued under the authority of 49 CFR 1.87 on: September 5, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2019-19651 Filed 9-10-19; 8:45 am]
 BILLING CODE 4910-EX-P