§ 365.405 Reporting requirement.

(a) ProceduralEvery requirements.transfer (1) At least 10 days before consummation, an original and two copies of aoperating properlyauthority completedfrom Formone OP-FC-1person andto anyanother attachmentsperson (see paragraph (b)(1)(viii) of this section) must be filedreported withby theboth Office of the Secretary,transferee Applications and Feestransferor Unit,using Interstate Commerce Commission, Washington, DC 20423. The original must show that an additional copy has been furnished to the Commission'sURS Regionalonline 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), AtForm any time after the expiration of the 10MCSA-day waiting period1, applicants may consummate the transaction, subject to the subsequent approval of the application by the Commission, as described below. The transferee may commence operations under the rights acquired from the transferor upon its compliance with the Commission's regulations governing insurance, tariffs (ifavailable applicable),at and process agentshttp://www. See 49 CFR parts 387, subpart C, 1312 and 366, respectivelyfmcsa. In addition, contract carriers must comply with the Commission's regulations concerning contracts at 49 CFR part 1053dot.gov/urs) In the alternative, applicants may wait until the Commission 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 itsaccordance name, it should furnish the Commission with a§ statement executed by both transferor and transferee indicating that the transaction has been consummated390.201(d)(5) Authorityof willthis not be reissued until after the Commission has approved the transactionsubchapter.
(b) InformationThe required.following (1)information In category 1 and category 2 transfers, applicants must furnishbe the following informationfurnished:
(i1) Full name, address, and signaturesUSDOT Numbers of the transferee and transferor.
(ii2) 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)Effective ADate statement as to whether the transfer will or will not significantly affect the quality of the human environment.Note:
(vi)At Certification88 byFR transferor80179, and transferee of their current respective safety ratings by the United States Department of Transportation (iNov.e., satisfactory17, conditional2023, 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 § 365.409405 ofwas thissuspended part. (Such information may be appended to the application form andindefinitely, ifeffective provided, would be embraced by the oath and verification contained on that formNov.)
(ix) If motor carrier operating rights are being transferred17, certification by the transferee that it is not domiciled in Mexico nor owned or controlled by persons of that country2023.
(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]