Agency Information Collection Activities; Renewal of an Approved Information Collection: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers
| Citation | 86 FR 54283 |
| Published date | 30 September 2021 |
| Record Number | 2021-21195 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration |
54283
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
In October 2020, FHWA again
contacted Iowa DOT with additional
questions regarding its efforts to comply
with Buy America and Executive Order
13788, 82 FR 18837 (Apr. 21, 2017),
which was later revoked by Executive
Order 14005. 86 FR 7475 (Jan. 28, 2021).
FHWA also sought clarity on the scope
of waiver the request. Later that month,
Iowa DOT provided answers to FHWA’s
questions with additional information
on its compliance efforts and a cost
estimate sheet identifying all items for
which it seeks a waiver (Exhibit D). A
link to Exhibit D is included on the
Notice of Buy America Waiver Request
published on FHWA’s website on
January 5, 2021, as described below. All
items included in the waiver request are
identified as not meeting Buy America
in the first column of Exhibit D. The
estimated total cost of the waiver items
is approximately $768,000. FHWA
removed the cost estimates for
individual line items in Exhibit D to
maintain the confidentiality of the city’s
procurement-sensitive information
during its solicitation process.
In accordance with the Further
Consolidated Appropriations Act, 2020
(Pub. L. 116–94), FHWA published a
notice seeking comment on whether a
waiver was appropriate on its website,
https://www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=156, on
January 5, 2020.
The FHWA received 36 comments in
response to the publication. Seven
commenters opposed the waiver and 29
commenters generally expressed
support for it. Six of the comments
opposing the waiver did not offer any
information on the availability of
compliant products, nor did they
suggest specific, additional actions that
Iowa DOT could take to maximize its
use of goods, products, and materials
produced in the U.S. Another
commenter opposing the waiver
suggested obtaining additional
certification documentation from
suppliers but did not offer specific
information on compliant products or
means of identifying them. Thus, Iowa
DOT did not receive any new
information indicating that the subject
parts could be produced by domestic
manufacturers.
Although Iowa DOT did not identify
compliant components for the let-down
structures, it provided information to
FHWA supporting its waiver request,
including:
•Information describing its efforts to
obtain the domestic content
characteristics of the manufactured
products needed;
•Information supporting the
necessity of these specific let-down
structures for the project’s intended
purpose of passenger transport and
demonstrating that alternative designs
were infeasible;
•Information documenting efforts to
locate compliant manufactured
products;
•Information documenting efforts to
maximize domestic content even if full
compliance was not possible, including
efforts to have foreign manufacturers
incorporate domestic steel; and
•Information describing the effects of
denying the request.
The following sections summarize
relevant information from Iowa DOT.
Although ultimately unsuccessful,
Iowa DOT made substantial efforts to
find suitable Buy America compliant
components for the let-down structures.
Timing and Need for a Waiver. The
Iowa DOT maintains that approval of a
Buy America waiver for the relevant
components of the let-down structures
is now critical to maintain the schedule
of ongoing construction on the project.
The I–74 Mississippi River Bridge
opened to Iowa-bound vehicle traffic at
the end of 2020 and is scheduled to
open to Illinois-bound vehicle traffic
before the end of 2021. Iowa DOT
believes it has exhausted its options for
domestic alternatives.
Executive Order 14005. Executive
Order 14005, ‘‘Ensuring the Future is
Made in All of America by All of
America’s Workers,’’ provides that
agencies should, consistent with
applicable law, maximize the use of
goods, products, and materials
produced in, and services offered in, the
U.S. 86 FR 7475 (Jan. 28, 2021). Based
on the information contained in the
waiver request from Iowa DOT and the
lack of responsive comments following
publication of a notice seeking comment
on January 5, 2020, regarding available
domestic manufacturers for the subject
parts, FHWA concludes that issuing a
waiver is not inconsistent with
Executive Order 14005.
Finding and Request for Comments
Based on all the information available
to the Agency, FHWA concludes that
there are no Buy America-compliant
relevant components for the let-down
structures for the pedestrian bridge
associated with the I–74 Mississippi
River Bridge Project, specifically
including: (i) Traction elevator
components; (ii) elevator guide rails;
and (iii) certain auxiliary components of
the elevators or let-down structures.
This finding only includes components
identified in the waiver request and
supporting documents included on
FHWA’s website.
Iowa DOT and its contractors and
subcontractors involved in the
procurement of the relevant components
are reminded of the need to comply
with the Cargo Preference Act in 46 CFR
part 38, if applicable.
In accordance with the provisions of
Section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572), FHWA is
providing this notice as its finding that
a waiver of Buy America requirements
is appropriate. The FHWA invites
public comment on this finding for an
additional 5 days following the effective
date of the finding. Comments may be
submitted to FHWA’s website via the
link provided to the waiver page noted
above.
Authority: 23 U.S.C. 313; Pub. L. 110–
161; 23 CFR 635.410.
Stephanie Pollack,
Acting Administrator, Federal Highway
Administration.
[FR Doc. 2021–21293 Filed 9–29–21; 8:45 am]
BILLING CODE 4910–22–P
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.
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
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54284
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
Management System (FDMS) Docket
Number FMCSA–2021–0126 using any
of the following methods:
•Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
•Fax: 1–202–493–2251.
•Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140, 20590–
0001.
•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 http://
www.regulations.gov, 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 http://
www.regulations.gov, 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 http://
edocket.access.gpo.gov/2008/pdfE8-
794.pdf.
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 lorenzo.allen@
dot.gov.
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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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0050]
Hours of Service of Drivers; Parts and
Accessories: Application for
Exemptions Renewal for Cleveland-
Cliffs Steel, LLC, Formerly Known as
ArcelorMittal Indiana Harbor, LLC
AGENCY
: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION
: Notice of renewal of exemption;
request for comments.
SUMMARY
: FMCSA renews the
exemption granted Cleveland-Cliffs
Steel, LLC (Cliffs), formerly
ArcelorMittal Indiana Harbor, LLC, from
certain hours-of-service (HOS) and cargo
securement rules and requests public
comment on the renewal. The renewal
of the exemption allows Cliffs’
employee-drivers with commercial
driver’s licenses (CDLs), who transport
steel coils a fraction of a mile between
their production and shipping locations
on public roads, to continue to work up
to 16 hours per day, and to operate with
less than 10 consecutive hours off duty
between work shifts. The renewal of the
exemption also allows Cliffs to use
metal coil carriers that do not meet the
‘‘heavy hauler trailer’’ definition,
restrictions on the height of rear side
marker lamps, tire loading restrictions,
and the commodity-specific cargo
securement requirements for metal
coils. The Agency has concluded that
granting the request for a renewal of the
exemption will likely maintain a level
of safety that is equivalent to or greater
than the level of safety achieved through
compliance with the specific regulatory
requirements. The Agency requests
comments on the Cliff’s request for a
renewal of the exemption.
DATES
: The renewal of the exemption is
effective September 23, 2021. Comments
must be received on or before November
1, 2021.
ADDRESSES
: You may submit comments
identified by Docket Number FMCSA–
2016–0050 using any of the following
methods:
•Federal eRulemaking Portal: Go to
http://www.regulations.gov/#!docket
Detail;D=FMCSA-2016-0050. Follow the
online instructions for submitting
comments.
•Mail: Docket Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
•Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Room W12–140, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
•Fax: (202) 493–2251.
FOR FURTHER INFORMATION CONTACT
: Mr.
Jose
´R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. If you have questions on viewing
or submitting material to the docket, call
Dockets Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION
:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA 2021–0098), indicate the
specific section of this document to
which the comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov/
#!docketDetail;D=FMCSA-201-0050,
click on the ‘‘Comment Now!’’ button
and type your comment into the text
box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 8
1
⁄
2
by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
http://www.regulations.gov/#!docket
Detail;D=FMCSA-2016-0050 and choose
the document to review. If you do not
have access to the internet, you may
view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
Privacy Act
DOT solicits comments from the
public to better inform its regulatory
process, in accordance with 5 U.S.C.
553(c). DOT posts these comments,
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