What if my BOC-3 process agent goes out of business?
You file a new BOC-3 through a different registered process agent. FMCSA requires every motor carrier with active interstate authority to maintain a current BOC-3 designation, so a process agent dropping its BOC-91 registration triggers a refile obligation. The new BOC-3 supersedes the old one as soon as FMCSA L&I indexes it.
A process agent maintains its FMCSA registration through Form BOC-91 — the upstream "I am a registered process agent" filing. If the agent voluntarily withdraws the BOC-91 (going out of business, retiring, merging away), the BOC-91 is removed from the FMCSA list and any BOC-3 designations naming that agent become orphaned.
FMCSA does not auto-revoke a carrier's authority when their BOC-3 process agent disappears. But the carrier is technically out of compliance with 49 CFR Part 366, and the next time anyone (state court, FMCSA auditor) tries to serve legal process through the BOC-3, the service will fail. Most carriers discover the orphaned-agent problem when they try to file a state-level renewal that requires a current BOC-3 reference.
Filing a new BOC-3 with a different active process agent is straightforward. The new BOC-3 supersedes the old one in the L&I system on indexing — typically same business day if filed before 4 PM Eastern. There is no FMCSA fee for the refile.
A carrier whose original process agent has been merged or acquired sometimes finds their BOC-3 still nominally valid because the acquirer kept the BOC-91 active. Confirming via the FMCSA L&I list is the cleanest way to verify; if there's any doubt, refiling is $75 well spent.