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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:
202112-2126-002
Status:
Historical Active
Previous ICR Reference No:
201809-2126-002
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Financial Responsibility, Trucking and Freight Forwarding
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/23/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/23/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2025
36 Months From Approved
06/30/2022
Responses
290,345
0
374,412
Time Burden (Hours)
49,439
0
62,483
Cost Burden (Dollars)
1,445
0
4,773
Abstract:
FMCSA is seeking approval of revision of the ICR. This revision updates the estimate of the affected population and revises the loaded labor rate to be consistent with other ICRs, resulting in decreases in the numbers of respondents, responses, burden hours, burden costs. This ICR consists of 11 forms/ICs: IC-1, form BMC-91, IC-2: BMC-91X, IC-3: BMC-34, IC-4: BMC-82, IC-5: BMC-83, IC-6: BMC-84, IC-7: BMC-85, IC-8: BMC-35, IC-9: BMC-36, IC-10: BMC-IC-11: BMC-32. These mandatory forms are used annually for reporting purposes, 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 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. 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. 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 13904
Name of Law: Registration of brokers
US Code:
49 USC 13903
Name of Law: Registration of freight forwarders
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:
86 FR 54283
09/30/2021
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 10276
02/23/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
11
IC Title
Form No.
Form Name
IC-10: 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
IC-11: Endorsement of Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 USC13906
BMC-32
Endorsement for Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 U.S.C. 13906
IC-1: 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
IC-2: 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
IC-3: Motor Carrier Cargo Liability Certificate of Insurance
BMC-34
Household Goods Motor Carrier Cargo Liability Certificate of Insurance
IC-4: Motor Carrier Bodily 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
IC-5: 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
IC-6: 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
IC-7: 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
IC-8: 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
IC-9: 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
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
290,345
374,412
0
0
-84,067
0
Annual Time Burden (Hours)
49,439
62,483
0
0
-13,044
0
Annual Cost Burden (Dollars)
1,445
4,773
0
0
-3,328
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:
There is a 84,068 decrease in the number of responses and a 13,044 decrease in annual burden hours. This program change is due to a revised estimate of the affected population and revising the loaded labor rate methodology to be consistent with other ICRs. The estimated revised annual cost to respondents is $1,445 for 1,445 respondents filing the BMC 32 form as opposed to 4,773 in the previous ICR submittal.
Annual Cost to Federal Government:
$21,530,000
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?
No
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:
02/23/2022
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