DOT 49 CFR PART 360-2010 FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE.pdf

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1、37 Federal Motor Carrier Safety Administration, DOT 360.1 (d) Irregular route authorities may be tacked with one another if the au-thorities involved contain a specific provision granting the right to tack. 356.9 Elimination of routing restric-tionsregular route carriers. (a) Regular route authoriti

2、esconstruc-tion. All certificates that, either singly or in combination, authorize the trans-portation by a motor common carrier of property over: (1) A single regular route or; (2) Over two or more regular routes that can lawfully be tacked at a com-mon service point, shall be construed as authoriz

3、ing transportation between authorized service points over any available route. (b) Service at authorized points. A com-mon carrier departing from its author-ized service routes under paragraph (a) of this section shall continue to serve points authorized to be served on or in connection with its aut

4、horized service routes. (c) Intermediate point service. A com-mon carrier conducting operations under paragraph (a) of this section may serve points on, and within one airline mile of, an alternative route it elects to use if all the following conditions are met: (1) The carrier is authorized to ser

5、ve all intermediate points (without regard to nominal restrictions) on the under-lying service route; (2) The alternative route involves the use of a superhighway (i.e., a limited access highway with split-level cross-ings); (3) The alternative superhighway route, including highways connecting the s

6、uperhighway portion of the route with the carriers authorized service route, (i) Extends in the same general direc-tion as the carriers authorized service route and (ii) Is wholly within 25 airline miles of the carriers authorized service route; and (4) Service is provided in the same manner as, and

7、 subject to any restric-tions that apply to, service over the authorized service route. 356.11 Elimination of gatewaysreg-ular and irregular route carriers. A motor common carrier of property holding separate grants of authority (including regular route authority), one or more of which authorizes tr

8、ans-portation over irregular routes, where the authorities have a common service point at which they can lawfully be tacked to perform through service, may perform such through service over any available route. 356.13 Redesignated highways. Where a highway over which a reg-ular route motor common ca

9、rrier of property is authorized to operate is as-signed a new designation, such as a new number, letter, or name, the car-rier shall advise the FMCSA by letter, and shall provide information con-cerning the new and the old designa-tion, the points between which the highway is redesignated, and each

10、place where the highway is referred to in the carriers authority. The new des-ignation of the highway will be shown in the carriers certificate when the FMCSA has occasion to reissue it. PART 360FEES FOR MOTOR CAR-RIER REGISTRATION AND INSUR-ANCE Sec. 360.1 Fees for records search, review, copy-ing,

11、 certification, and related services. 360.3 Filing fees. 360.5 Updating user fees. AUTHORITY: 31 U.S.C. 9701; 49 U.S.C. 13908(c) and 14504(c)(2); and 49 CFR 1.73. SOURCE: 64 FR 7137, Feb. 12, 1999, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 360 appear at 66 FR 49870, Oct. 1

12、, 2001. 360.1 Fees for records search, review, copying, certification, and related services. Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Adminis-tration will be furnished on the fol-lowing basis, pursuant to the Freedom of Information Act r

13、egulations at 49 CFR Part 7: VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-38 49 CFR Ch. III (10110 Edition

14、) 360.3 (a) Certificate of the Director, Office of Data Analysis and Information Sys-tems, as to the authenticity of docu-ments, $9.00; (b) Service involved in checking records to be certified to determine au-thenticity, including clerical work, etc., incidental thereto, at the rate of $16.00 per ho

15、ur; (c) Copies of the public documents, at the rate of $.80 per letter size or legal size exposure. A minimum charge of $5.00 will be made for this service; and (d) Search and copying services re-quiring ADP processing, as follows: (1) A fee of $42.00 per hour for profes-sional staff time will be ch

16、arged when it is required to fulfill a request for ADP data. (2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Data Analysis and Information Systems (MC-PSDRIS). (3) Printing shall be charged at the

17、 rate of $.10 per page of computer gen-erated output with a minimum charge of $.25. A charge of $30 per reel of mag-netic tape will be made if the tape is to be permanently retained by the re-questor. 360.3 Filing fees. (a) Manner of payment. (1) Except for the insurance fees described in the next s

18、entence, all filing fees will be payable at the time and place the application, petition, or other document is tendered for filing. The service fee for insurance, surety or self-insurer accepted certifi-cate of insurance, surety bond or other instrument submitted in lieu of a broker surety bond must

19、 be charged to an insurance service account estab-lished by the Federal Motor Carrier Safety Administration in accordance with paragraph (a)(2) of this section. (2) Billing account procedure. A writ-ten request must be submitted to the Office of Enforcement and Compliance, Insurance Compliance Divis

20、ion (MC- PSDECI) to establish an insurance service fee account. (i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and print-ed. The billing cycle is the period be-tween the billing date in one month and th

21、e billing date in the next month. A bill for each account which has ac-tivity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Pay-ments received before the next billing date are applied to the account. Inte

22、r-est will accrue in accordance with 4 CFR 102.13. (ii) The Debt Collection Act of 1982, including disclosure to the consumer reporting agencies and the use of col-lection agencies, as set forth in 4 CFR 102.5 and 102.6 will be utilized to en-courage payment where appropriate. (iii) An account holde

23、r who files a pe-tition in bankruptcy or who is the sub-ject of a bankruptcy proceeding must provide the following information to theOffice of Enforcement and Compli-ance, Insurance Division (MC-PSDECI): (A) The filing date of the bankruptcy petition; (B) The court in which the bank-ruptcy petition

24、was filed; (C) The type of bankruptcy pro-ceeding; (D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and (E) The name, address, and telephone number of the bankruptcy trustee, if one has been appointed. (3) Fees will be payable to the Fed-eral Motor Carr

25、ier Safety Administra-tion by a check payable in United States currency drawn upon funds de-posited in a United States or foreign bank or other financial institution, money order payable in United States currency, or credit card (VISA or MASTERCARD). (b) Any filing that is not accom-panied by the ap

26、propriate filing fee is deficient except for filings that satisfy the deferred payment procedures in paragraph (a) of this section. (c) Fees not refundable. Fees will be assessed for every filing in the type of proceeding listed in the schedule of fees contained in paragraph (f) of this section, sub

27、ject to the exceptions con-tained in paragraphs (d) and (e) of this section. After the application, petition, or other document has been accepted for filing by the Federal Motor Carrier Safety Administration, the filing fee VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00048 Fmt 8010 Sf

28、mt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-39 Federal Motor Carrier Safety Administration, DOT 360.3 will not be refunded, regardless of whether the application, petition, or other

29、 document is granted or approved, denied, rejected before docketing, dis-missed, or withdrawn. (d) Related or consolidated proceedings. (1) Separate fees need not be paid for related applications filed by the same applicant which would be the subject of one proceeding. (This does not mean re-quests

30、for multiple types of operating authority filed on forms in the OP1 se-ries under the regulations at 49 CFR part 365. A separate filing fee is re-quired for each type of authority sought in each transportation mode, e.g., common, contract, and broker au-thority for motor property carriers.) (2) Sepa

31、rate fees will be assessed for the filing of temporary operating au-thority applications as provided in paragraph (f)(6) of this section, regard-less of whether such applications are related to an application for cor-responding permanent operating au-thority. (3) The Federal Motor Carrier Safety Adm

32、inistration may reject concur-rently filed applications, petitions, or other documents asserted to be related and refund the filing fee if, in its judg-ment, they embrace two or more sever-able matters which should be the sub-ject of separate proceedings. (e) Waiver or reduction of filing fees. It i

33、s the general policy of the Federal Motor Carrier Safety Administration not to waive or reduce filing fees ex-cept as described as follows: (1) Filing fees are waived for an ap-plication or other proceeding which is filed by a Federal government agency, or a State or local government entity. For pur

34、poses of this section the phrases Federal government agency or government entity do not include a quasi-governmental corporation or government subsidized transportation company. (2) In extraordinary situations the Federal Motor Carrier Safety Adminis-tration will accept requests for waivers or fee r

35、eductions in accordance with the following procedure: (i) When to request. At the time that a filing is submitted to the Federal Motor Carrier Safety Administration the applicant may request a waiver or reduction of the fee prescribed in this part. Such request should be addressed to the Director, O

36、ffice of Data Analysis and Information Systems. (ii) Basis. The applicant must show the waiver or reduction of the fee is in the best interest of the public, or that payment of the fee would impose an undue hardship upon the requestor. (iii) Federal Motor Carrier Safety Ad-ministration action. The D

37、irector, Office of Data Analysis and Information Sys-tems, will notify the applicant of the decision to grant or deny the request for waiver or reduction. (f) Schedule of filing fees. Type of Proceeding Fee Part I: Licensing: (1) An application for motor carrier operating authority, a certificate of

38、 reg-istration for certain foreign carriers, property broker authority, or freight forwarder authority.$300 (2) A petition to interpret or clarify an operating authority 3,000 (3) A request seeking the modification of operating authority only to the ex-tent of making a ministerial correction, when t

39、he original error was caused by applicant, a change in the name of the shipper or owner of a plant site, or the change of a highway name or number.50 (4) A petition to renew authority to transport explosives 250 (5) An application for authority to deviate from authorized regular-route au-thority.150

40、 (6) An application for motor carrier temporary authority issued in an emer-gency situation.100 (7) Request for name change of a motor carrier, property broker, or freight forwarder.14 (8) An application involving the merger, transfer, or lease of the operating rights of motor passenger and property

41、 carriers, property brokers, and household goods freight forwarders under 49 U.S.C. 10321 and 10926.300 (9)(49) Reserved Part II: Insurance: (50) (i) An application for original qualification as self-insurer for bodily injury and property damage insurance (BI (ii) A returned check charge of $6.00 an

42、d any bank charges incurred by the FMCSA as a result of the dishonored check must be submitted with the fil-ing fee which is outstanding; and (iii) If payment is not made within the time specified by the FMCSA, the proceeding will be dismissed or the fil-ing may be rejected. (2) If a person repeated

43、ly submits dis-honored checks to the FMCSA for fil-ing fees, the FMCSA may notify the person that all future filing fees must be submitted in the form of a certified or cashiers check, money order, or credit card. 64 FR 7137, Feb. 12, 1999, as amended at 67 FR 61820, Oct. 2, 2002 360.5 Updating user

44、 fees. (a) Update. Each fee established in this part may be updated in accordance with this section as deemed necessary by the FMCSA. (b) Publication and effective dates. Up-dated fees shall be published in the FEDERAL REGISTER and shall become effective 30 days after publication. (c) Payment of fee

45、s. Any person sub-mitting a filing for which a fee is es-tablished shall pay the fee in effect at the time of the filing. (d) Method of updating fees. Each fee shall be updated by updating the cost components comprising the fee. Cost components shall be updated as fol-lows: (1) Direct labor costs sh

46、all be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of FMCSA employ-ees. Base level direct labor costs are di-rect labor costs determined by the cost study in Regulations Governing Fees For Service, 1 I.C.C. 2d 60 (1984), or subse-quent cos

47、t studies. The base period for measuring changes shall be April 1984 or the year of the last cost study. (2) Operations overhead shall be de-veloped each year on the basis of cur-rent relationships existing on a weight-ed basis, for indirect labor applicable to the first supervisory work centers dir

48、ectly associated with user fee activ-ity. Actual updating of operations overhead will be accomplished by ap-plying the current percentage factor to updated direct labor, including current governmental overhead costs. (3)(i) Office general and administra-tive costs shall be developed each year on the

49、 basis of current levels costs, i.e., dividing actual office general and ad-ministrative costs for the current fis-cal year by total office costs for the of-fice directly associated with user fee activity. Actual updating of office gen-eral and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations over-head costs. (ii) FMCSA general and administra-tive costs shall be devel