What if my BOC-3 process agent goes out of business?
You file a new BOC-3 through a different registered process agent - and the clock matters. Under FMCSA policy MC-RS-2019-0002, an invalid process-agent designation can draw an Order to Show Cause giving you 30 days to file a new BOC-3 before your operating authority registration is suspended. The new BOC-3 supersedes the old one as soon as FMCSA L&I indexes it.
A process agent maintains its FMCSA process-agent registration - the upstream "I am a registered process agent" step. If the agent voluntarily withdraws its FMCSA process-agent registration (going out of business, retiring, merging away), it is removed from the FMCSA list and any BOC-3 designations naming that agent become orphaned.
An orphaned BOC-3 is not a paperwork technicality - FMCSA enforces it. Under policy MC-RS-2019-0002 (effective 2019-09-12), when FMCSA gets evidence the designation is invalid - failed service of process, or the defunct agent itself reporting the terminated relationship - the agency may issue an Order to Show Cause under 49 USC 13905. The carrier then has 30 days from the date of service to file a new Form BOC-3 with a valid designation; failing that, FMCSA may issue a final order suspending the operating authority registration. Suspension, not automatic revocation - but a suspended authority cannot legally haul for-hire interstate freight.
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, and a replacement filed before (or within) the 30-day window closes the matter entirely.
A carrier whose original process agent has been merged or acquired sometimes finds their BOC-3 still nominally valid because the acquirer kept the FMCSA process-agent registration active. Confirming via the FMCSA L&I list is the cleanest way to verify; if there's any doubt, refiling is $75 well spent.