View Information Collection Request (ICR) Package

OMB Control No: 2126-0008	ICR Reference No: 201912-2126-004
Status: Historical Active	Previous ICR Reference No: 201712-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/31/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/23/2020
Terms of Clearance: The collection has been approved for a period of one year. Upon resubmission, the agency shall note efforts to train/inform stakeholders that information on the collection does not expire upon the expiration of the control number. Further, the agency shall propose any needed language changes to be clear re-issuance is not needed upon expiration of the OMB control number.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	36 Months From Approved	03/31/2020
Responses	245,704	0	124,008
Time Burden (Hours)	5,738	0	4,777
Cost Burden (Dollars)	237,291	0	0

Abstract: This ICR is a request for the renewal of a mandatory collection. DOT promulgates regulations that establish minimum levels of financial responsibility for motor carriers of property to cover public liability, property damage, and environmental restoration, and minimum levels of financial responsibility for for-hire motor carriers of passengers to cover public liability and property damage. It is mandated that motor carriers maintain proof of the required financial responsibility at their principal places of business, available upon request of an FMCSA safety investigator during investigations or audits. Insurance endorsements and surety bonds are considered public information and must be produced by a motor carrier of property or a motor carrier of passengers for review upon reasonable request by a member of the public. Motor carriers domiciled in Canada, Mexico, and non-North America (NNA) domiciled carriers who transport property or conduct passenger transportation operations within the United States must obtain an insurance endorsement or surety bond. All vehicles operated in the United States by these motor carriers must have a legible copy of the insurance endorsement or surety bond in the vehicle available to Federal or State enforcement officials during roadside inspections. FMCSA and the public use the information collected to verify that a motor carrier of property or passengers has obtained, and has in effect, the required minimum levels of financial responsibility. The information collections (ICs) are as follows: For Form MCS-90B, Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982: IC-1a - Insurance Endorsements: Passenger Carrier - Document Preparation by Insurance Underwriters; and IC-1b - Insurance Endorsements: Passenger Carrier - Document Storage by Motor Carrier Clerks. For Form MCS-90, Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980: IC-2a - Insurance Endorsements: Property Carriers Document Preparation by Insurance Underwriters; and IC-2b - Insurance Endorsements: Property Carriers Document Storage by Motor Carrier Clerks. For Form MCS-82B, Motor Carrier Public Liability Surety Bond Under Section 18 of the Bus Regulatory Reform Act of 1982: IC-3a & IC-3b - Surety Bonds: Passenger Carriers Document Preparation and Storage. For Form MCS-82, Motor Carrier Public Liability Surety Bond Under Sections 29 and 30 of the Motor Carrier Act of 1980: IC-4a - Surety Bonds: Property Carriers Prepared by Insurance Underwriters; and IC-4b - Surety Bonds Property Carriers Document Storage by Motor Carrier Clerks. The endorsements (Forms MCS-90/90B) and surety bonds (Forms MCS-82/82B) are not submitted to FMCSA. Insurance companies and agents provide these forms directly to motor carriers to document that required levels of insurance are in place. IC-5a - Documents Placed in Vehicle: Canadian Vehicle Maintenance Staff; and IC-5b - Placing Documents in Vehicles: Mexican and NNA Vehicle Maintenance Staff. The endorsements (Forms MCS-90/90B) and surety bonds (Forms MCS-82/82B) are not submitted to FMCSA. Insurance companies and agents provide these forms directly to motor carriers to document that required levels of insurance are in place.

Authorizing Statute(s): US Code: 49 USC 31138 Name of Law: Bus Regulatory Reform Act of 1982
US Code: 49 USC 31139 Name of Law: Motor Carrier Act of 1980

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:
	84 FR 52164	10/01/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 71527	12/27/2019
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	245,704	124,008	121,696
Annual Time Burden (Hours)	5,738	4,777	961
Annual Cost Burden (Dollars)	237,291	0	237,291

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: The number of respondents reported in this document is significantly higher than in previous approved iterations of the information collection request [202,458 – 8,004 = 194,445]. The number of estimated annual responses has also increased in this iteration of the information collection request. Previously, document preparation and document storage activities for information collections 1-4 were collapsed and considered to be one response, estimated to take approximately 3 minutes (2 minutes for document preparation + 1 minute for document storage). The previous approach failed to capture the fact that different individuals employed by different entities are responsible for those two steps (insurance underwriters prepare the documents, whereas motor carrier clerks store the documents). As such, the calculation has been revised to estimate the number of unique information collection “responses” required for each insurance underwriter, motor carrier clerk, and vehicle maintenance staff person, for document preparation (2 minutes per response), document storage (1 minute per response), and document placement in vehicles in Canada and Mexico (1 minute per response). While the number of respondents (and responses) has increased significantly due to a revised definition of the term “respondent” and a more granularized view of what constitutes a response, the estimated number of annual burden hours has not changed drastically. An additional 961 burden hours are reported in this iteration of the information collection request. [5,738 proposed annual burden hours − 4,777 currently approved annual hours = 961]. This increase is due to an increase in the motor carrier universe, and thus the number of estimated annual responses.

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: Rhonda Scott 202 366-4134 rhonda.scott@dot.gov

View ICR - OIRA Conclusion