Notice2022-03779
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
February 23, 2022
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 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10276-10277]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03779]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. 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), Department
of Transportation.
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.
[[Page 10277]]
DATES: Comments on this notice must be received on or before March 25,
2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Mr. Lorenzo Allen, Lead Transportation
Specialist, Office of Registration & Safety Information, West Building
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 385-
2465, <a href="/cdn-cgi/l/email-protection#94f8fbe6f1faeefbbaf5f8f8f1fad4f0fbe0baf3fbe2"><span class="__cf_email__" data-cfemail="55393a27303b2f3a7b343939303b15313a217b323a23">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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: 200,147.
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.
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, or trust fund
agreements are cancelled. The BMC-40 is filed only when a motor carrier
or freight forwarder seeks approval from FMCSA to self-insure its
bodily injury and property damage (BI & PD) and/or cargo liability
coverage.
Estimated Total Annual Burden: 49,439 hours.
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 registration remains valid only as long as these
transportation entities maintain, on file with 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
Secretary has delegated authority pertaining to these requirements to
FMCSA. The information collected from these forms are summarized and
displayed in FMCSA's Licensing and Information system.
Forms for Endorsements, Certificates of Insurance and Other Evidence of
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 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 and HHG freight forwarders are required to file evidence of
cargo insurance with FMCSA. Sec. Sec. 387.303T(c), 387.403T(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 Household Goods Motor Carrier Policies of
Insurance for Cargo Liability Under 49 U.S.C. 13906,'' are executed by
the insurance company, attached to the 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 and freight forwarders can also apply to FMCSA to
self-insure BI & PD and/or cargo liability in lieu of filing
certificates of insurance or surety bonds with the FMCSA. Form BMC-40
is the application used by motor carriers to apply for self-insurance
authority.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022-03779 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-EX-P
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