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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2126-0017
ICR Reference No:
201703-2126-002
Status:
Historical Active
Previous ICR Reference No:
201506-2126-006
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Financial Responsibility, Trucking and Freight Forwarding
Type of Information Collection:
Reinstatement with change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/19/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/04/2017
Terms of Clearance:
OMB notes that this collection expired on February 28th, 2017. Any use of this collection from that date until the date of this approval was in violation of the Paperwork Reduction Act.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2020
36 Months From Approved
Responses
369,639
0
0
Time Burden (Hours)
61,687
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
This ICR requires reinstatement because the previous ICR expired on February 28, 2017, before the ICR renewal request could be submitted to OMB for approval. The forms above are used by for-hire motor carriers, freight forwarders and brokers to meet the statutory requirement to submit evidence of financial responsibility prior to their registration by the FMCSA as condition for continuation of their registration. The reinstatement of the ICR allows the FMCSA to ensure the public is protected and will be compensated for claims involving bodily injury and property damage, or loss or damage to household goods, respectively, within the limits prescribed by FMCSA. Reinstatement of the ICR enforces the filing of surety bonds or trust fund agreements to help ensure that motor carriers and shippers are protected against non-performance of the broker’s or freight forwarder’s legal obligations. With reinstatement of the ICR, insurance companies can be held liable for any damages that may occur to the public (up to the limits of the policy), and to supersede any exclusions or limitations which may be contained in the insured motor carrier’s or freight forwarder’s policy. Additionally, FMCSA can make a determination regarding whether an entity qualifies for the grant of self-insurance authority.
Authorizing Statute(s):
US Code:
49 USC 13903
Name of Law: Registration of freight forwarders
US Code:
49 USC 13904
Name of Law: Registration of brokers
US Code:
49 USC 13906
Name of Law: Security of motor carriers, motor private carriers, brokers, and freight forwarders
US Code:
49 USC 13902
Name of Law: Registration of motor carriers
US Code:
49 USC 13901
Name of Law: Requirement for registration
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
81 FR 251
12/30/2016
30-day Notice:
Federal Register Citation:
Citation Date:
82 FR 15099
03/24/2017
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
10
IC Title
Form No.
Form Name
Application for Authority to Self-Insure Under 49 U.S.C. 13906
BMC-40
Application for Authority to Self-Insure Under 49 U.S.C. 13906
Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance
BMC-91
Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance
Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance
BMC-91X
Motor Carrier Automobile Bodily Injury and Property Damage LIability Certificate of Insurance
Motor Carrier Bobily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906
BMC-82
Motor Carrier Bodily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906
Motor Carrier Cargo Liability Certificate of Insurance
BMC-34
Household Goods Motor Carrier Cargo Liability Certificate of Insurance
Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906
BMC-83
Household Goods Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906
Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906
BMC-35
Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906
Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906
BMC-36
Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Notice of Cancellation
Property Broker's Surety Bond Under 49 U.S.C. 13906
BMC-84
Broker's or Freight Forwarder's Surety Bond Under 49 U.S.C. 13906
Property Broker's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement
BMC-85
Broker's or Freight Forwarder's Trust Fund Agreement under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
369,639
0
0
5,136
3,190
361,313
Annual Time Burden (Hours)
61,687
0
0
856
413
60,418
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
There was a change in requirements, as well as, a change in the number of estimated responses. The BMC-84 and BMC-85 forms showed an increase in the number of responses, and burden hours due to the MAP-21 extension of the broker financial security requirement to freight forwarders. The BMC-91X form showed a decrease in the number of burden hours due to the suspension of the URS Rule, which would have required exempt for hire and private hazmat interstate carriers to have their insurance companies file their insurance information with FMCSA. The increased number of responses for the BMC-91X due to the expected implementation of the URS Rule was not accounted for causing a decrease in the number of responses for the BMC-91X form. The change in burden hours for the remaining forms, the BMC-91, BMC-34, BMC-82, BMC-83, BMC-35, BMC-36, and BMC-40, were a result of applying updated data on the number of filers, hence the change in the number of responses.
Annual Cost to Federal Government:
$19,500,000
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Jeff Secrist 202 385-2367 jeff.secrist@dot.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
04/04/2017
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