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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:
202208-2126-001
Status:
Active
Previous ICR Reference No:
202102-2126-002
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:
02/06/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/15/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2024
05/31/2024
05/31/2024
Responses
177,994
0
177,994
Time Burden (Hours)
4,146
0
4,146
Cost Burden (Dollars)
0
0
0
Abstract:
This ICR is a request for the revision 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. This ICR revision has a program adjustment of a decrease of responses, burden hours and costs due to a methodology change as forms are completed on a one-time basis instead of once per year. The information collections (ICs) are as follows: IC1.1 - Property carriers to complete MCS-90 (insurance) IC1.2 - Property carriers to complete MCS-82 (surety) IC2.1 - Passenger carriers to complete MCS-90B (insurance) IC2.2 - Passenger carriers to complete MCS-82B (surety) IC1.3a - U.S. Property carriers to store MCS-90 (insurance) IC1.3b - U.S. Property carriers to store MCS-82 (surety) IC2.3a - U.S. Passenger carriers to store MCS-90B (insurance) IC2.3b - U.S. Passenger carriers to store MCS-82B (surety) IC1.3c - Mexico, NNA and Canada property carriers to store MCS-90 (insurance) IC1.3d - Mexico, NNA and Canada property carriers to store MCS-82 (surety) IC2.3c - Mexico, NNA and Canada passenger carriers to store MCS-90B (insurance) IC2.3d - Mexico, NNA and Canada passenger carriers to store MCS-82B (surety)
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:
85 FR 63648
10/08/2020
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 15019
03/19/2021
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
12
IC Title
Form No.
Form Name
IC1.1 - Property carriers to complete MCS-90 (insurance)
MCS 90
MCS-90 - Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980
IC1.2 - Property carriers to complete MCS-82 (surety)
MCS-82
MCS-82 - Motor Carrier Public Liability Surety Bond under Sections 29 and 30 of the Motor Carrier Act of 1980
IC1.3a - U.S. Property carriers to store MCS-90 (insurance)
MCS-90
MCS-90 Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980
IC1.3b - U.S. Property carriers to store MCS-82 (surety)
MCS-82
MCS-82 - Motor Carrier Public Liability Surety Bond under Sections 29 and 30 of the Motor Carrier Act of 1980
IC1.3c - Mexico, NNA and Canada property carriers to store MCS-90 (insurance)
MCS-90
MCS-90 - Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980
IC1.3d - Mexico, NNA and Canada property carriers to store MCS-82 (surety)
MCS-82
MCS-82 - Motor Carrier Public Liability Surety Bond under Sections 29 and 30 of the Motor Carrier Act of 1980
IC2.1 - Passenger carriers to complete MCS-90B (insurance)
MCS-90B
MCS-90B Endorsement for Motor Carrier Policies of Insurance for Public Liability under Section 18 of the Bus Regulatory Reform Act of 1982
IC2.2 - Passenger carriers to complete MCS-82B (surety)
MCS-82B
MCS-82B - Motor Carrier Public Liability Surety Bond under Section 18 of the Bus Regulatory Reform Act of 1982
IC2.3a - U.S. Passenger carriers to store MCS-90B (insurance)
MCS-90B
MCS-90B - Endorsement for Motor Carrier Policies of Insurance for Public Liability under Section 18 of the Bus Regulatory Reform Act of 1982
IC2.3b - U.S. Passenger carriers to store MCS-82B (surety)
MCS-82B
MCS-82B - Motor Carrier Public Liability Surety Bond under Section 18 of the Bus Regulatory Reform Act of 1982
IC2.3c - Mexico, NNA and Canada passenger carriers to store MCS-90B (insurance)
MCS-90B
MCS-90B - Endorsement for Motor Carrier Policies of Insurance for Public Liability under Section 18 of the Bus Regulatory Reform Act of 1982
IC2.3d - Mexico, NNA and Canada passenger carriers to store MCS-82B (surety)
MCS-82B
MCS-82B - Motor Carrier Public Liability Surety Bond under Section 18 of the Bus Regulatory Reform Act of 1982
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
177,994
177,994
0
0
0
0
Annual Time Burden (Hours)
4,146
4,146
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:
The previous ICR submittal had 245,704 responses and 5,738 burden hours. This ICR revision has a program adjustment of a decrease of 67,710 responses and 1,592 burden hours. The reason for the decrease is due to a methodology change as forms are completed on a one-time basis if the insurance policy or surety bond contract, as identified by the policy number, is still valid upon the renewal of insurance or surety bond. If new insurance policies or surety bonds are issued, then new forms are submitted by the insurers or surety institutions and stored by the respective motor carrier. The ICs of the ICR were re-arranged due to agency estimation, therefore a decrease of 245,704 responses and a decrease of 5,738 burden hours are shown in the "adjustment in agency estimate" column. Previously the ICR was arranged by documents preparation and storage for each form and then other recordkeeping activities such as documents placed in vehicles. Those ICs were removed and re-entered as property carriers and passenger carriers completion and storage of their perspective forms, as well as U.S., Mexican and Non-North American (NNA) and Canadian carriers maintain copies of all the forms MCS-90, MCS-90B, MCS-82, and/or MCS-82B. With the previous request submittal the annual hourly cost burden of $237,291 was inadvertently reported in the table above. With this request the hourly cost burden decrease to $226,712 is reported in section 12 of the supporting 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?
No
Agency Contact:
Rhonda Scott 202 366-4134 rhonda.scott@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:
11/15/2022