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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:
2126-0008
ICR Reference No:
201712-2126-001
Status:
Historical Active
Previous ICR Reference No:
201702-2126-001
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
09/28/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/21/2017
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2020
01/31/2020
01/31/2020
Responses
124,008
0
124,008
Time Burden (Hours)
4,777
0
4,777
Cost Burden (Dollars)
0
0
0
Abstract:
Motor carriers of passengers and property must maintain documentation that proves they have in effect the minimum levels of financial responsibility as set forth in the Federal Motor Carrier Safety Regulations (FMCSRs). The non-substantive change is in the final paragraph of page 1 of 2 of the MCS-90, the Endorsement for Motor Carrier Policies of Insurance for Public Liability form, and the MCS-90B, the Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property form, by changing the word “of” to the word "or" in the paragraph as follows where "company of the insured" will "read company or the insured." “Cancellation of this endorsement may be effected by the company of the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA’s registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC).” The impact of this change is that instead of allowing either the insurance company or the insured to cancel an endorsement, use of the term “of” would mean that ONLY the insurance company could cancel. We believe this change was made in error, because if you look at the remainder of the sentence, it states “by giving notice to the other party.” If the change was truly intended to mean that only the insurance company could cancel, then that later phrase would have also been changed to read “by giving notice to the insured.” Additionally, specific regulatory provisions support the idea that either party can cancel (see 387.7(b)(1) and 387.31(b)(1)). This change should not impact the current estimate of burden hours or the cost assigned to that burden, as the endorsements and any cancellation notices are generally not submitted to FMCSA, just held at the motor carrier’s primary place of business.
Authorizing Statute(s):
US Code:
49 USC 31139
Name of Law: Motor Carrier Act of 1980
US Code:
49 USC 31138
Name of Law: Bus Regulatory Reform Act of 1982
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 9582
02/25/2016
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 40393
06/21/2016
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980
MCS-90
Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980
Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
MCS-90B
Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982
Motor Carrier Public Liability Surety Bond Under Sections 29 and 30 of the Motor Carrier Act of 1980
MCS-82
Motor Carrier Public Liability Surety Bond Under Sections 29 and 30 of the Motor Carrier Act of 1980
Motor Carrier Public Liaibility Surety Bond Under Section 18 of the Bus Regulatory Reform Act of 1982
MCS-82B
Motor Carrier Public Liability Surety Bond Under Section 18 of the Bus Regulatory Reform Act of 1982
Placing Document in Vehicles
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
124,008
124,008
0
0
0
0
Annual Time Burden (Hours)
4,777
4,777
0
0
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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:
Tura Gatling 202 385-2412 tura.gatling@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:
12/21/2017