[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR365.405]

[Page 774-775]
 
                        TITLE 49--TRANSPORTATION
 
        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
                      DEPARTMENT OF TRANSPORTATION
 
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table of Contents
 
      Subpart D--Transfer of Operating Rights Under 49 U.S.C. 10926
 
Sec. 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 Office of the Secretary, Applications and Fees 
Unit, Interstate Commerce Commission, Washington, DC 20423. The original 
must show that an additional copy has been furnished to the FMCSA's 
Regional Director for the Region(s) in which the applicants' 
headquarters are located. The nonrefundable filing fee prescribed by 49 
CFR 1002.2(f)(25) must accompany the application.
    (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, tariffs (if applicable), and process agents. See 49 CFR parts 
387, subpart C, 1312 and 366, respectively. In addition, contract 
carriers must comply with the FMCSA's regulations concerning contracts 
at 49 CFR part 1053. 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 that portion 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.

[[Page 775]]

    (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 Sec. 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.

[53 FR 4852, Feb. 18, 1988, as amended at 54 FR 35343, Aug. 25, 1989; 62 
FR 49940, Sept. 24, 1997]