[Federal Register: February 5, 2009 (Volume 74, Number 23)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0395]
Agency Information Collection Activities; Revision and Renewal of
a Currently Approved Information Collection: OMB Control No. 2126-0017
(Financial Responsibility--Motor Carriers, Freight Forwarders and
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. The FMCSA requests OMB approval to revise and
renew a currently-approved ICR entitled, "Financial Responsibility,
Trucking and Freight Forwarding," to reflect an increase in burden
hours due to an increase in the estimated number of annual responses.
In addition, the title of the ICR is being changed to "Financial
Responsibility--Motor Carriers, Freight Forwarders and Brokers,'' to
better describe its purpose. This ICR sets forth the financial
responsibility documentation requirements for motor carriers (property
and passenger), freight forwarders and property brokers so they can
maintain the minimum levels of financial responsibility required under
the Federal Motor Carrier Safety Regulations (FMCSRs) to operate in
interstate, foreign or intrastate commerce. On November 24, 2008, FMCSA
published a Federal Register notice allowing for a 60-day comment
period on the ICR. No comments were received..
DATES: Please send your comments by March 9, 2009. OMB must receive
your comments by this date in order to act quickly on the ICR.
ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and
Budget. Comments should be addressed to the attention of the Desk
Officer, Department of Transportation/Federal Motor Carrier Safety
Administration, and sent via electronic mail to email@example.com, or faxed to (202) 395-6974, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
FOR FURTHER INFORMATION CONTACT: Ms. Dorothea Grymes, Transportation
Specialist, Office of Enforcement and Compliance, Commercial
Enforcement Division, Department of Transportation, Federal Motor
Carrier Safety Administration, 6th Floor, West Building, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001. Telephone Number: (202)
385-2405; e-mail Address: firstname.lastname@example.org. Office hours are
from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or Room PL-401
on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The DMS is available 24 hours each day, 365
days each year. 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
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the Department of Transportation's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information is also available at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 400
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@dot.gov.
Title: Financial Responsibility--Motor Carriers, Freight Forwarders
and Brokers (formerly titled "Financial Responsibility, Trucking and
OMB Control Number: 2126-0017.
Type of Request: Revision of a currently-approved information
Respondents: Motor carriers, freight forwarders and brokers.
Estimated Number of Respondents: 251,415.
Estimated Time per Response: The estimated average burden per
response for the Form BMC-40 is 40 hours. The estimated average burden
per response for all of the other remaining insurance forms (BMC-32,
34, 35, 36, 82, 83, 84, 85, 90, 91, and 91X) is 10 minutes per form.
Expiration Date: February 28, 2009.
Expiration Date: February 28, 2009.
Frequency of Response: Certificates of insurance, surety bonds, and
trust fund agreements are required when the transportation entity first
registers with the 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 canceled. The Form BMC-40 is generally 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: 66,960 hours [200 hours (5 BMC-40
filings per year x 40 hours to complete) + 66,760 hours (400,560
filings per year for all of the other insurance forms x 10 minutes/60
minutes to complete) = 66,960 hours].
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. The registration remains valid only as long
as these transportation entities maintain, on file with the FMCSA,
evidence of the required levels of insurance coverage. See 49 U.S.C.
13906. FMCSA regulations governing the financial responsibility
requirements for these entities are found at 49 CFR part 387.
Forms for Endorsements, Certificates of Insurance and Others
Evidence of Bodily Injury and Property Damage (BI&PD) Liability.
Forms BMC-91 and 91X entitled, "Motor Carrier Automobile Bodily Injury
and Property Damage Liability Certificate of Insurance," and Form BMC-
82 entitled, "Motor Carrier Bodily Injury and Property Damage
Liability Surety Bond Under 49 U.S.C. Sec. 13906," provide evidence
of the required coverage for BI&PD liability.
Requirement to obtain Surety Bond or Trust Fund Agreement. Form
BMC-34 entitled, "Motor Carrier Cargo Liability Certificate of
Insurance,'' and Form BMC-83 entitled "Motor Carrier Cargo Liability
Surety Bond Under 49 U.S.C. 13906," establish a carrier's compliance
with the agency's cargo liability requirements. Form BMC-84 entitled,
"Property Broker's Surety Bond Under 49 U.S.C. 13906," and Form BMC-
85 entitled, "Property Broker's Trust Fund Agreement Under 49 U.S.C.
13906,"' are filed by brokers to comply with the requirement that they
must have a $10,000 surety bond or trust fund agreement in effect
before FMCSA will issue a property broker license.
Cancellation of Prior Filings. Form BMC-35 entitled, "Notice of
Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906," Form BMC-
36 entitled, ``Notice of Cancellation Motor Carrier and Brokers Surety
Bonds Under 49 U.S.C. 13906,'' and Form 85 entitled, "Property
Broker's Trust Fund Agreement Under 49 U.S.C. 13906," cancel prior
Endorsements. Form BMC 90 entitled, "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 entitled, "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 and cargo
insurance policies, respectively, and forwarded to the motor carrier or
freight forwarder. These endorsements are not filed with the FMCSA.
Self Insurance Filings. A motor carrier can also apply to the 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 387.7(d)(3) and
387.309. The Form BMC-40 is the application used by 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 agency to perform its mission; (2) the
accuracy of the estimated burden; (3) ways for the 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
Issued on: January 29, 2009.
Associate Administrator for Research and Information Technology.
[FR Doc. E9-2450 Filed 2-4-09; 8:45 am]
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