Glossary · updated October 31, 2026
49 CFR §365.109T
Also known as: 49 CFR §365.109, FMCSA Application Processing Rule
By Korey Sharp-Paar · Reviewed by the Fast Trucking Compliance team
Definition
49 CFR §365.109T is the federal regulation governing how FMCSA reviews operating-authority applications. The original §365.109 was suspended effective January 14, 2017; the operative section is §365.109T. It requires the evidence of financial responsibility (the insurer’s BMC-91 or BMC-91X, or a BMC-84 bond or BMC-85 trust fund for brokers) and the BOC-3 process-agent designation to be filed within 20 days of the application notice publishing in the FMCSA Register as a preliminary grant of authority. FMCSA grants the authority only after those filings are on record and the 10-day protest period under §365.203T has passed. FMCSA controls that timing.
Authoritative source
49 CFR Part 365 - Rules governing applications for operating authority
Read more
How Long Does Operating Authority Take?What decides when your MC number goes active: the 10-day protest period, and the BOC-3 and insurance being on file within 20 days of the FMCSA Register notice.
Related terms
- Protest Period(10-Day Protest Window)
- OP-1(OP-1 Application)
- BOC-3(Designation of Process Agents)
- BMC-91 / BMC-91X