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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:
2126-0015
ICR Reference No:
202210-2126-003
Status:
Active
Previous ICR Reference No:
201911-2126-003
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Designation of Agents, Motor Carriers, Brokers and Freight Forwarders
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:
04/24/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/28/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2026
36 Months From Approved
04/30/2023
Responses
20,649
0
39,047
Time Burden (Hours)
3,448
0
6,508
Cost Burden (Dollars)
0
0
0
Abstract:
FMCSA is requesting a renewal of the collection previously approved under OMB Control No. 2126-0015. Motor carriers of property and passengers, property brokers, surface freight forwarders, including exempt for hire and private motor carriers, operating in interstate or foreign commerce must register with the FMCSA. The collection is mandatory reporting. As a condition of registration, these entities must designate process agents for each State in which they operate on the “Designation of Agents for Service of Process” form, Form BOC-3. The form is submitted by registration applicants to FMCSA to meet a statutory requirement and is filed on an “as-needed” basis and cannot be done less frequently. Most forms are filed by blanket companies on behalf of carriers. Currently, information contained on the completed Form BOC-3 identifies a process agent for each State in which the motor carrier, freight forwarder, or broker will operate. These process agents are authorized by the transportation entity to accept, on its behalf, legal process or notice in Agency and court proceedings. Persons considering bringing legal actions against a carrier, broker, or freight forwarder may obtain the name of its process agent in a particular State by contacting FMCSA. As part of this renewal, FMCSA revised the burden hours from 6,508 to 3,448 due to a revised estimate of the number of respondents and responses. Previous estimates were based on 2019 data. Current estimates are based on January 2022 MCMIS and Safety Management System snapshots. The slight increase in the estimated cost to respondents is attributed to the updated wage rate as per the Bureau of Labor Statistics website.
Authorizing Statute(s):
US Code:
49 USC 13304
Name of Law: Service of process in court proceedings
US Code:
49 USC 13303
Name of Law: Service of notice in proceedings
Citations for New Statutory Requirements:
PL: Pub.L. 106 - 159 210(a) Name of Law: Motor Carrier Safety Improvement Act of 1999
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:
87 FR 48220
08/08/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 79418
12/27/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Designation of Agents, Motor Carriers, Brokers and Freight Forwarders
BOC-3
Designation of Agents for Service of Process
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
20,649
39,047
0
0
-18,398
0
Annual Time Burden (Hours)
3,448
6,508
0
0
-3,060
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 program adjustment decrease in annual burden hours from 6,508 to 3,448 is due to an adjusted estimate of the number of respondents and responses. Previous estimates were based on 2019 data. Current estimates are based on January 2022 MCMIS and Safety Management System snapshots.
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:
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:
12/28/2022
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