Agency Information Collection Activities; Renewal of an Approved Information Collection: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers

CourtFederal Motor Carrier Safety Administration,Transportation Department
Citation87 FR 10276
Record Number2022-03779
Published date23 February 2022
Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)
[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
                [Notices]
                [Pages 10276-10277]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [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 www.reginfo.gov/public/do/PRAMain. 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, [email protected].
                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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