Agency Information Collection Activities; Revision of an Approved Information Collection: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 1 August 2024 Subject: American Government

[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62842-62843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16971]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0165]


Agency Information Collection Activities; Revision of an Approved 
Information Collection: Financial Responsibility Motor Carriers, 
Freight Forwarders, and Brokers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (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, ``Financial Responsibility Motor Carriers, Freight 
Forwarders, and Brokers,'' is to provide registered motor carriers, 
property brokers, and freight forwarders a means of meeting financial 
responsibility filing requirements. This ICR sets forth the financial 
responsibility documentation requirements for motor carriers, freight 
forwarders, and brokers as a result of Agency jurisdictional statutes. 
The revision of three forms (BMC-36, BMC-84, and BMC-85) contained in 
this ICR is necessary due to the implementation of the Broker and 
Freight Forwarder Financial Responsibility Final Rule.

DATES: Comments on this notice must be received on or before September 
30, 2024.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2024-0165 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC, 20590-0001 between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Ana Alvarez, Financial Analyst, Office 
of Registration, Financial Responsibility Filings Division, FMCSA, West 
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590; 
(202) 366-0401; ana.alvarez@dot.gov.

SUPPLEMENTARY INFORMATION:

Instructions

    All submissions must include the Agency name and docket number. For 
detailed instructions on submitting comments, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.

Public Participation and Request for Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2024-0165), indicate the specific section of this 
document to which your comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so FMCSA can contact you if there are questions regarding your 
submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2024-0165/document, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    Comments received after the comment closing date will be included 
in the docket and will be considered to the extent practicable.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    The Secretary of Transportation (Secretary) is authorized to 
register for-hire motor carriers of property and passengers under the 
provisions of 49 U.S.C. 13902, surface freight forwarders under the 
provisions of 49 U.S.C. 13903, and property brokers under the 
provisions of 49 U.S.C. 13904. These persons may conduct transportation 
services only if they are registered pursuant to 49 U.S.C. 13901. The 
Secretary has delegated authority pertaining to these registration 
requirements to the FMCSA (49 CFR 1.87) and the regulations 
implementing these requirements may be found at 49 CFR part 387. The 
registration remains valid only as long as these transportation 
entities maintain, on file with FMCSA, evidence of the required levels 
of financial responsibility pursuant to 49 U.S.C. 13906. FMCSA 
regulations governing the financial responsibility requirements for 
these entities are found at 49 CFR part 387. The information collected 
from these forms are summarized and displayed in the Licensing and 
Information system.

[[Page 62843]]

Forms for Endorsements, Certificates of Insurance and Other Evidence of 
Bodily Injury and Property Damage Liability and Cargo Liability 
Financial Responsibility

    Forms BMC-91 and BMC-91X, titled ``Motor Carrier Automobile Bodily 
Injury and Property Damage Liability Certificate of Insurance,'' and 
Form BMC-82, titled ``Motor Carrier Bodily Injury Liability and 
Property Damage Liability Surety Bond Under 49 U.S.C. 13906,'' provide 
evidence of the required coverage for bodily injury and property damage 
(BI & PD) liability. A Form BMC-91X filing is required when a carrier's 
insurance is provided by multiple companies instead of just one. Form 
BMC-34, titled ``Household Goods Motor Carrier Cargo Liability 
Certificate of Insurance,'' and Form BMC-83, titled ``Household Goods 
Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906,'' 
establish a carrier's compliance with the Agency's cargo liability 
requirements. Only household goods (HHG) motor carriers are required to 
file evidence of cargo insurance with FMCSA (Sec.  387.303(c)). Form 
BMC-90, titled ``Endorsement for Motor Carrier Policies of Insurance 
for Automobile Bodily Injury and Property Damage Liability Under 
Section 13906, Title 49 of the United States Code,'' and Form BMC-32, 
titled ``Endorsement for Motor Common Carrier Policies of Insurance for 
Cargo Liability Under 49 U.S.C. 13906,'' are executed by the insurance 
company, attached to BI & PD or cargo liability insurance policy, 
respectively, and forwarded to the motor carrier or freight forwarder.

Requirement To Obtain Surety Bond or Trust Fund Agreement

    Form BMC-84, titled ``Broker's or Freight Forwarder's Surety Bond 
Under 49 U.S.C. 13906,'' and Form BMC-85, titled ``Broker's or Freight 
Forwarder's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of 
Cancellation of the Agreement,'' are filed by brokers or freight 
forwarders to comply with the requirement that they must have a $75,000 
surety bond or trust fund agreement in effect before FMCSA will issue 
property broker or freight forwarder operating authority registration. 
Both of these forms are being revised due to the implementation of the 
Broker and Freight Forwarder Financial Responsibility Final Rule (88 FR 
78656, Nov. 16, 2023).

Cancellation of Prior Filings

    Form BMC-35, titled ``Notice of Cancellation Motor Carrier 
Insurance under 49 U.S.C. 13906,'' Form BMC-36, titled ``Motor 
Carrier's, Broker's or Freight Forward's Surety Bonds under 49 U.S.C. 
13906 Notice of Cancellation,'' and Form BMC-85, titled ``Broker's or 
Freight Forwarder's Trust Fund Agreement Under 49 U.S.C. 13906 or 
Notice of Cancellation of the Agreement,'' can be used to cancel prior 
filings. Form BMC-36 is being revised due to the implementation of the 
Broker and Freight Forwarder Financial Responsibility Final Rule.

Self-Insurance

    Motor carriers can also apply to FMCSA to self-insure BI & PD and/
or cargo liability in lieu of filing certificates of insurance with the 
FMCSA, as long as the carrier maintains a satisfactory safety rating 
(see Sec.  387.309.) Form BMC-40 is the application used by carriers to 
apply for self-insurance authority.
    Title: Financial Responsibility Motor Carriers, Freight Forwarders, 
and Brokers.
    OMB Control Number: 2126-0017.
    Type of Request: Revision of a currently approved ICR.
    Respondents: For-hire Motor Carriers, Brokers, and Freight 
Forwarders.
    Estimated Number of Respondents: 200,147.
    Estimated Time per Response: The estimated average burden per 
response for Form BMC-40 is 40 hours. The estimated average burden per 
response for forms BMC-34, 35, 82, 83, 91, and 91X is 10 minutes per 
form. The estimated average burden per response for revised forms BMC-
84, 85, and 36 is 12 minutes per form. In addition, form BMC-32 takes 
10 minutes.
    Expiration Date: June 30, 2025.
    Frequency of Response: Certificates of insurance, surety bonds, and 
trust fund agreements are required when the transportation entity first 
registers with FMCSA and then when such coverages are changed or 
replaced by these entities. Notices of cancellation are required only 
when such certificates of insurance, surety bonds, and trust fund 
agreements are cancelled. The BMC-40 is filed only when a carrier seeks 
approval from FMCSA to self-insure its BI & PD and/or cargo liability 
coverage.
    Estimated Total Annual Burden: 49,786.
    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 summarize or include your 
comments in the request for OMB's clearance of this ICR.
    Issued under the authority of 49 CFR 1.87.

Thomas P. Keane,
Associate Administrator Office of Research and Registration.
[FR Doc. 2024-16971 Filed 7-31-24; 8:45 am]
BILLING CODE 4910-EX-P