§ 365.107 Types of applications.

(a) Fitness applications. Motor property applications and certain types of motor passenger applications require only the finding that the applicant is fit, willing and able to perform the involved operations and to comply with all applicable statutory and regulatory provisions. These applications can be opposed only on the grounds that applicant is not fit [e.g., is not in compliance with applicable financial responsibility and safety fitness requirements]. These applications are:
(1) Motor common and contract carrier of property (except household goods) , Mexican motor property carriers that perform private carriage and transport exempt items, and motor contract carrier of passengers transportation.
(2) MotorBroker carrier brokerage of general commodities (exceptor household goods).
(3) Certain types of motor carrier of passenger applications as described in Form OPMCSA-1 (P).
(b) Motor carrier of passenger “public interest” applications as described in Form OPMCSA-1 (P).
(c) Intrastate motor passenger applications under 49 U.S.C. 13902(b)(3) as described in Form OPMCSA-1, Schedule B.
(d) Motor common carrier of household goods applications, including MexicanMexico- or non-North America-domiciled carrier applicants. TheseIn applicationsaddition requireto ameeting findingthe that:
(1)fitness Thestandard applicantunder isparagraph fit,(a) willing,of andthis ablesection, toan provideapplicant theseeking involvedauthority transportation and to complyoperate withas alla applicablemotor statutorycarrier andof regulatoryhousehold provisions;goods andmust:
(21) TheProvide serviceevidence proposedof willparticipation servein an arbitration program and provide a usefulcopy publicof purpose,the responsivenotice toof athe publicarbitration demandprogram oras needrequired by 49 U.S.C. 14708(b)(2);
(e2) MotorIdentify contractits carriertariff ofand householdprovide goods,a watercopy contractof carrier,the householdnotice goodsof propertythe broker,availability andof householdthat goodstariff freightfor forwarderinspection applications.as Theserequired applicationsby require49 aU.S.C. finding that:13702(c);
(13) TheProvide applicantevidence isthat fit,it willing,has andaccess able to, providehas theread, involvedis transportationfamiliar with, and towill complyobserve with all applicable statutoryFederal andlaws regulatoryrelating provisions; and
(2) The transportation to beconsumer providedprotection, willestimating, beconsumers' consistentrights withand theresponsibilities, publicand interestoptions andfor thelimitations nationalof transportationliability policyfor ofloss 49and U.S.C.damage; 13101.and
(f4) WaterDisclose commonany carrierrelationship applications.involving Thesecommon applicationsstock, requirecommon aownership, findingcommon that:
(1) The applicant is fitmanagement, willing,or andcommon ablefamilial torelationships providebetween the involvedapplicant transportation and toany complyother withmotor allcarrier, applicablefreight statutoryforwarder, andor regulatorybroker provisions;of and
(2)household Thegoods transportationwithin to3 beyears providedof isthe orproposed willdate beof required by present or future public convenience and necessityregistration.
(ge) Temporary authority (TA) for motor and water carriers. These applications require a finding that there is or soon will be an immediate transportation need that cannot be met by existing carrier service.
Note:
In(1) viewApplications of the expedited time frames established in this part for processing requests for permanent authority, applications for TA will be entertained only in exceptional circumstances (i.e., natural disasters or national emergencies) when evidencean ofemergency immediatedeclaration servicehas needbeen canmade bepursuant specifically documented in a narrative supplement appended to Form§ OP-1390.23 forof motorthis propertysubchapter.
(2) carriers,Temporary Formauthority OP-1MXmust forbe Mexicanrequested propertyby carriers,filing Form OPMCSA-1.
(P3) Applications for motortemporary passengerauthority carriers,are andnot Formsubject OP-1to protest.
(W4) forMotor water carriers. TAgranted applicationstemporary authority must becomply filed with thefinancial Regionalresponsibility Officerequirements whichunder haspart jurisdiction387 overof thethis areasubchapter.
(5) inOnly whicha applicant's headquarters are locatedU.S.-domiciled Initialmotor determinationscarrier ofis TAeligible applicationsto willreceive betemporary made by a Regional Motor Carrier Boardauthority.
[5980 FR 6372863704, DecOct. 921, 1994,2015]
Effective asDate amendedNote:
At at82 60 FR 639815299, DecJan. 1317, 1995;2017, 62§ FR365.107 49940was suspended, Septeffective Jan. 2414, 1997]2017.