The FMCSA has published a final rule

Unified Registration System (URS), amending its regulations to require interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the Agency using a new electronic on-line Unified Registration System (URS).

The implementation of the URS final rule consolidates the following registration and information systems:

• The U.S. Department of Transportation (USDOT) identification number system;
• The commercial registration system to obtain for-hire operating authority/MC Number;
• The financial responsibility information system; and
• The service of process agent designation system.

The URS is designed to streamline the registration process and serve as a clearinghouse and depository of information on, and identification of, all entities required to register with FMCSA.

Provisions in the final rule include:

• Form MCSA-1. Replaces the current MCS-150 and OP-1 forms. The Form MCSA-1 must be submitted electronically; it is an interactive form, requiring applicants to see and complete only the sections that apply to their operation. Carriers that currently have a USDOT number do not have to file the MCSA-1 until they are required to update their information.
• Designation of process agent. URS requires all private carriers and exempt for-hire motor carriers to file proof of designation of process agents with the FMCSA. All entities must report changes to process agent designations to the FMCSA within 30 days of the change. Also, when a motor carrier has a change in name, address, or contact information, the motor carrier must provide notice of the change to its process agents and/or the company making a blanket designation on its behalf within 30 days of the change.
• The effective date and compliance date for this provision is April 25, 2016. Existing private carriers and exempt for-hire carriers must file a designation of process agent (Form BOC-3) by the compliance date.
• Financial responsibility filing. A provision in the final rule requires private hazardous materials and exempt for-hire motor carriers to file proof of liability insurance with FMCSA. These entities are already subject to the financial responsibility requirements of 49 CFR 387 which require them to have and maintain the required amount of financial responsibility. Exempt for-hire carriers and private carriers of hazardous materials must file proof of insurance by October 23, 2015.
• Biennial update. A motor carrier that fails to update their Form MCSA-1 information every two years will be subject to deactivation of their USDOT number. This provision is effective and compliance is required on November 1, 2013. Beginning November 1, 2013, the FMCSA will issue a warning letter 30 days in advance of a biennial update deadline to notify the entity that its USDOT Number will be deactivated if it fails to comply with the biennial update requirement. Only after an entity has failed to heed that warning will the Agency begin deactivating USDOT registrations for failure to update the information on Form MCSA-1 and consider imposing civil penalties. FMCSA, however, will not retroactively apply sanctions against entities that had not met the biennial update requirement by November 1, 2013.
• USDOT registration required. 49 CFR 392.9b has been added to prohibit a motor carrier with an inactive DOT number from operating a commercial motor vehicle; violation of this provision subjects the motor carrier to civil penalties. The effective and compliance date for this provision is November 1, 2013
• Filing changes to name, address, form of business. The final rule requires all entities to notify FMCSA of any changes to legal name, form of business, or address within 30 days of the precipitating change.
• New USDOT number. New applicants will be issued an inactive USDOT number; the USDOT number will be activated by the FMCSA only after all required filings (financial responsibility, if required, and process agent designation) are completed. If the applicant is also requesting operating authority (non-exempt for-hire carriers only) the USDOT number will remain inactive until all protests have been resolved and all required filings are complete. A carrier may not operate until the USDOT number is activated.
• USDOT number sole identifier. FMCSA will use the USDOT Number as its sole unique identifier for motor carriers, brokers, and freight forwarders subject to its regulations. The URS will discontinue issuance of MC, MX, and FF Numbers. MAP-21 also amended 49 U.S.C. 13901 to require distinctive USDOT Numbers for each type of authority issued. For example, an entity applying for both broker and motor carrier authority would receive a different USDOT Number for each type of authority. This MAP-21 provision also requires that the USDOT Number include an “indicator” of the type of authority issued; FMCSA will address this requirement in a separate rulemaking.
• Registration fees. The final rule includes a new requirement for private and exempt for-hire motor carriers, cargo tank facilities, and intermodal equipment providers (IEPs) to pay a $300 registration fee when submitting a new application.

The effective and compliance date for this final rule is October 23, 2015, except for the provisions noted above with separate effective/compliance dates.

This final rule implements statutory provisions in the ICC Termination Act of 1995 (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 2005 (SAFETEA-LU).

The Moving Ahead for Progress in the 21st Century Act (MAP-21) was enacted on July 6, 2012 and includes several provisions that are relevant to the implementation of the URS. Many of these statutory provisions will require separate rulemakings to implement regulations.

Rather than delay issuance of this final rule the Agency intends to initiate separate rulemaking proceeding(s) to address the necessary regulatory changes.