Agency Information Collection Activities; Revision of an Approved Information Collection: Motor Carrier Records Change Form

Tom Keane
Federal Highway Administration
25 November 2020

[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75402-75404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26058]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0202]


Agency Information Collection Activities; Revision of an Approved 
Information Collection: Motor Carrier Records Change Form

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. The purpose of this ICR 
titled, ``Motor Carrier Records Change Form,'' is to collect 
information required by the Office of Registration (MC-RS) to process 
name changes, address changes, and reinstatements of operating 
authority for motor carriers, freight forwarders, and brokers.

DATES: We must receive your comments on or before January 25, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2020-0202 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building,

[[Page 75403]]

Ground Floor, Room W12-140, 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on January 17, 2008. (73 FR 3316), or 
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Jeff Secrist, Chief, Office of 
Registration & Safety Information, West Building 6th Floor, 1200 New 
Jersey Avenue SE, Washington, DC 20590. Telephone: (202) 385-2367; 
email jeff.secrist@dot.gov.

SUPPLEMENTARY INFORMATION: 
    Background: The Federal Motor Carrier Safety Administration (FMCSA) 
registers for-hire motor carriers under 49 U.S.C. 13902, surface 
freight forwarders under 49 U.S.C. 13903, and property brokers under 49 
U.S.C. 13904. Each registration is effective from the date specified 
under 49 U.S.C. 13905(c). 49 CFR part 365.413, ``Procedures for 
changing the name or business form of a motor carrier, freight 
forwarder, or property broker,'' states that motor carriers, 
forwarders, and brokers must submit the required information to FMCSA's 
Office of Registration (MC-RS) requesting the change. 49 CFR 360.3(f) 
mentions fees that FMCSA collects for ``petition for reinstatement of 
revoked operating authority,'' but does not provide any specifics for 
the content that petition should take.
    Motor carriers, freight forwarders, and property brokers are 
required to use Form MCSA-5889 to request a name or address change and 
to request reinstatement of a revoked operating authority. Respondents 
can submit the form online through the Licensing and Insurance (L&I) 
website, by fax, or by mail. According to data collected between 2017 
and 2019, annually, 1% of forms are submitted by mail; 32% are 
submitted by fax; and 67% are submitted online. The information 
collected is then entered in the L&I database by FMCSA staff.
    Form MCSA-5889 enables FMCSA to maintain up-to-date records so that 
the Agency can recognize the entity in question in case of enforcement 
actions or other procedures required to ensure that the carrier is fit, 
willing, and able to provide for-hire transportation services, and so 
that entities whose operating authority has been revoked can resume 
operation if they are not otherwise blocked from doing so. This multi-
purpose form, filed by registrants on a voluntary, as-needed basis, 
simplifies the process of gathering the information needed to process 
the entities' requests in a timely manner, with the least amount of 
effort for all parties involved.
    To reduce burden on respondents, increase consistency among FMCSA 
forms, and to ensure regulatory compliance, FMCSA removed and added the 
following questions from the currently approved Form MCSA-5889:
    1. Added a Yes/No question: ``Do you currently have, or have you 
had within the last three years of the date of this application, 
relationships involving common stock, common ownership, common 
management, common control or familial relationships with any FMCSA-
regulated entities?'' The purpose of this is to close the affiliation 
disclosure loophole. If the respondent answers ``Yes'', they must then 
report the affiliate's USDOT number, MC/FF/MX number, legal name, doing 
business as name (if applicable), and current safety rating.
    2. Added the Applicant's Oath. The applicant must read the oath, 
print their name and title, and sign the form. The purpose of this 
addition is to increase accountability and make Form MCSA-5889 
consistent with similar FMCSA forms.
    3. Removed one question asking whether the applicant or its 
representative completed the form. This was removed because the 
information is not necessary.
    4. Removed three questions: Name, title, and signature. This was 
done because, with the addition of the Applicant's Oath, these 
questions became redundant.
    The form prompts users to report the following data points 
(whichever are relevant to their records change request):
    1. Requestor's fax number, email address, and applicant's oath.
    2. Entity's legal/doing business as names, USDOT number, docket MC/
MX/FX number, current street address, and phone numbers.
    3. Affiliations with FMCSA-licensed entities.
    4. Requested changes to the entity's address.
    5. Requested changes to the entity's name and/or ownership, 
management or control.
    6. Type(s) of operating authority the entity wishes to reinstate.
    7. Credit card information (name, number, expiration date, address, 
date) if filing a name change or reinstatement.
    Title: Motor Carrier Records Change Form.
    OMB Control Number: 2126-0060.
    Type of Request: Revision.
    Respondents: For-hire motor carriers, brokers, and freight 
forwarders.
    Estimated Number of Respondents: 27,122.
    Estimated Time per Response: 15 minutes per response.
    Expiration Date: August 31, 2021.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 6,781 hours [27,122 responses x 0.25 
hours per response].
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The Agency will

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summarize or include your comments in the request for OMB's clearance 
of this information collection.

    Issued under the authority delegated in 49 CFR 1.87.
Tom Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2020-26058 Filed 11-24-20; 8:45 am]
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