Notice2021-21195
Agency Information Collection Activities; Renewal of an Approved Information Collection: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The purpose of this ICR titled, "Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers," is to provide registered motor carriers, property brokers, and freight forwarders a means of meeting financial responsibility filing requirements. This ICR sets forth the financial responsibility documentation requirements for motor carriers, freight forwarders, and brokers as a result of the Agency's jurisdictional statutes.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54283-54285]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21195]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-FMCSA-2021-0126]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Financial Responsibility Motor Carriers,
Freight Forwarders, and Brokers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The purpose of this ICR
titled, ``Financial Responsibility Motor Carriers, Freight Forwarders,
and Brokers,'' is to provide registered motor carriers, property
brokers, and freight forwarders a means of meeting financial
responsibility filing requirements. This ICR sets forth the financial
responsibility documentation requirements for motor carriers, freight
forwarders, and brokers as a result of the Agency's jurisdictional
statutes.
DATES: We must receive your comments on or before November 29, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
[[Page 54284]]
Management System (FDMS) Docket Number FMCSA-2021-0126 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m. e.t., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the Federal Docket Management System
published in the Federal Register on January 17, 2008. (73 FR 3316), or
you may visit <a href="http://edocket.access.gpo.gov/2008/pdfE8-794.pdf">http://edocket.access.gpo.gov/2008/pdfE8-794.pdf</a>.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Lorenzo Allen, Lead Transportation
Specialist, Office of Registration & Safety Information, West Building
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone:
(202) 385-2465; email <a href="/cdn-cgi/l/email-protection#5f33302d3a312530713e33333a311f3b302b71383029"><span class="__cf_email__" data-cfemail="5a3635283f342035743b36363f341a3e352e743d352c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Background: The Secretary of Transportation
(Secretary) is authorized to register for-hire motor carriers of
property and passengers under the provisions of 49 U.S.C. 13902,
surface freight forwarders under the provisions of 49 U.S.C. 13903, and
property brokers under the provisions of 49 U.S.C. 13904. These persons
may conduct transportation services only if they are registered
pursuant to 49 U.S.C. 13901. The Secretary has delegated authority
pertaining to these registration requirements to the FMCSA under 49 CFR
part 387. The registration remains valid only as long as these
transportation entities maintain, on file with the FMCSA, evidence of
the required levels of financial responsibility pursuant to 49 U.S.C.
13906. FMCSA regulations governing the financial responsibility
requirements for these entities are found at 49 CFR part 387. The
information collected from these forms are summarized and displayed in
the Licensing and Information system.
Forms for Endorsements, Certificates of Insurance and Other Evidence of
Bodily Injury and Property Damage (BI&PD) Liability and Cargo Liability
Financial Responsibility
Forms BMC-91 and BMC-91X, titled ``Motor Carrier Automobile Bodily
Injury and Property Damage Liability Certificate of Insurance,'' and
Form BMC-82, titled ``Motor Carrier Bodily Injury Liability and
Property Damage Liability Surety Bond Under 49 U.S.C. 13906,'' provide
evidence of the required coverage for bodily injury and property damage
(BI & PD) liability. A Form BMC-91X filing is required when a carrier's
insurance is provided by multiple companies instead of just one. Form
BMC-34, titled ``Household Goods Motor Carrier Cargo Liability
Certificate of Insurance,'' and Form BMC-83, titled ``Household Goods
Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906,''
establish a carrier's compliance with the Agency's cargo liability
requirements. Only household goods (HHG) motor carriers are required to
file evidence of cargo insurance with FMCSA. 49 CFR 387.303(c). Form
BMC-90, titled ``Endorsement for Motor Carrier Policies of Insurance
for Automobile Bodily Injury and Property Damage Liability Under
Section 13906, Title 49 of the United States Code,'' and Form BMC-32,
titled ``Endorsement for Motor Common Carrier Policies of Insurance for
Cargo Liability Under 49 U.S.C. 13906,'' are executed by the insurance
company, attached to BI & PD or cargo liability insurance policy,
respectively, and forwarded to the motor carrier or freight forwarder.
Requirement To Obtain Surety Bond or Trust Fund Agreement
Form BMC-84, titled ``Broker's or Freight Forwarder's Surety Bond
Under 49 U.S.C. 13906,'' and Form BMC-85, titled ``Broker's or Freight
Forwarder's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of
Cancellation of the Agreement,'' are filed by brokers or freight
forwarders to comply with the requirement that they must have a $75,000
surety bond or trust fund agreement in effect before FMCSA will issue
property broker or freight forwarder operating authority registration.
Cancellation of Prior Filings
Form BMC-35, titled ``Notice of Cancellation Motor Carrier
Insurance under 49 U.S.C. 13906,'' Form BMC-36, titled ``Motor Carrier
and Broker's Surety Bonds under 49 U.S.C. 13906 Notice of
Cancellation,'' and Form BMC-85, titled ``Broker's or Freight
Forwarder's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of
Cancellation of the Agreement,'' can be used to cancel prior filings.
Self-Insurance
Motor carriers can also apply to FMCSA to self-insure BI & PD and/
or cargo liability in lieu of filing certificates of insurance with the
FMCSA, as long as the carrier maintains a satisfactory safety rating
(see 49 CFR 387.309.) Form BMC-40 is the application used by carriers
to apply for self-insurance authority.
Title: Financial Responsibility Motor Carriers, Freight Forwarders,
and Brokers.
OMB Control Number: 2126-0017.
Type of Request: Renewal.
Respondents: For-hire Motor Carriers, Brokers, and Freight
Forwarders.
Estimated Number of Respondents: 200,146.
Estimated Time per Response: The estimated average burden per
response for Form BMC-40 is 40 hours. The estimated average burden per
response for forms BMC-34, 35, 36, 82, 83, 84, 85, 91, and 91X is 10
minutes per form. In addition, form BMC-32 takes 10 minutes.
Expiration Date: February 28, 2022.
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Frequency of Response: Certificates of insurance, surety bonds, and
trust fund agreements are required when the transportation entity first
registers with FMCSA and then when such coverages are changed or
replaced by these entities. Notices of cancellation are required only
when such certificates of insurance, surety bonds, and trust fund
agreements are cancelled. The BMC-40 is filed only when a carrier seeks
approval from FMCSA to self-insure its bodily injury and property
damage (BI & PD) and/or cargo liability coverage.
Estimated Total Annual Burden: 49,359 hours.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.
Issued under the authority delegated in 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-21195 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on September 30, 2021.
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