[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR365.405]



[Page 45-46]

 

                        TITLE 49--TRANSPORTATION

 

                      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 FMCSA, Licensing Team; (MC-PSDRIS), 400 Seventh 

Street, SW., Room 8214, Washington, DC 20590.

    (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.



[[Page 46]]



    (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; 67 FR 61821, Oct. 2, 2002; 68 FR 56198, Sept. 

30, 2003]