Agency Information Collection Activities; Revision of an Approved Information Collection: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders, 73762 [2011-30741]

Download as PDF 73762 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0289] Agency Information Collection Activities; Revision of an Approved Information Collection: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: 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 review and approval and invites public comment. The FMCSA requests approval to revise an ICR entitled, ‘‘Designation of Agents, Motor Carriers, Brokers and Freight Forwarders,’’ which is used to provide registered motor carriers, property brokers, and freight forwarders a means of meeting process agent requirements. DATES: We must receive your comments on or before January 30, 2012. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA–2011–0289 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 Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:20 Nov 28, 2011 Jkt 226001 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 Web site. If you want us to notify you that we received your comments, please include a selfaddressed, 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: Ms. Tura Gatling, Customer Support Team Leader, Commercial Enforcement Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Telephone Number: (202) 385– 2412; Email Address: tura.gatling@dot.gov. Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background: The Secretary of Transportation (Secretary) is authorized to register forhire motor carriers of regulated commodities under the provisions of 49 U.S.C. 13902; freight forwarders under the provisions of 49 U.S.C. 13903; and property brokers under 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 pursuant to 49 CFR 1.73(a)(5). Registered motor carriers (including private carriers), brokers and freight forwarders must designate an agent on whom service of notices in proceedings before the Secretary may be made (49 PO 00000 Frm 00181 Fmt 4703 Sfmt 9990 U.S.C. 13303). Registered motor carriers must also designate an agent for every State in which they operate and traverse in the United States during such operations, agents on whom process issued by a court may be served in actions brought against the registered transportation entity (49 U.S.C. 13304, 49 CFR 366.4). Every broker shall make a designation for each State in which its offices are located or in which contracts are written (49 U.S.C. 13304, 49 CFR 366.4). Regulations governing the designation of process agents are found at 49 CFR part 366. This designation is filed with the FMCSA on Form BOC–3, ‘‘Designation of Agents for Service of Process.’’ Title: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders. OMB Control Number: 2126–0015. Type of Request: Revision of a currently approved collection. Respondents: Motor carriers, freight forwarders and brokers. Estimated Number of Respondents: 35,000. Estimated Time per Response: 10 minutes. Expiration Date: May 31, 2012. Frequency of Response: Form BOC–3 must be filed by all for-hire motor carriers, freight forwarders and brokers when the transportation entity first registers with the FMCSA. All brokers shall make a designation for each State in which it has an office or in which contracts are written. Subsequent filings are made only if the motor carrier, broker or freight forwarder changes process agents. Estimated Total Annual Burden: 5,833 hours [35,000 Form BOC–3 filings per year x 10 minutes/60 minutes to complete form = 5,833 hours]. 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 information collection. Issued on: November 18, 2011. Kelly Leone, Associate Administrator for Research and Information Technology. [FR Doc. 2011–30741 Filed 11–28–11; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Page 73762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30741]



[[Page 73762]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0289]


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

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

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

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 review 
and approval and invites public comment. The FMCSA requests approval to 
revise an ICR entitled, ``Designation of Agents, Motor Carriers, 
Brokers and Freight Forwarders,'' which is used to provide registered 
motor carriers, property brokers, and freight forwarders a means of 
meeting process agent requirements.

DATES: We must receive your comments on or before January 30, 2012.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2011-0289 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 Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, 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 Web site. 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: Ms. Tura Gatling, Customer Support 
Team Leader, Commercial Enforcement Division, Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001. Telephone Number: (202) 
385-2412; Email Address: tura.gatling@dot.gov. Office hours are from 8 
a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Background: The Secretary of Transportation (Secretary) is 
authorized to register forhire motor carriers of regulated commodities 
under the provisions of 49 U.S.C. 13902; freight forwarders under the 
provisions of 49 U.S.C. 13903; and property brokers under 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 pursuant to 49 CFR 1.73(a)(5).
    Registered motor carriers (including private carriers), brokers and 
freight forwarders must designate an agent on whom service of notices 
in proceedings before the Secretary may be made (49 U.S.C. 13303). 
Registered motor carriers must also designate an agent for every State 
in which they operate and traverse in the United States during such 
operations, agents on whom process issued by a court may be served in 
actions brought against the registered transportation entity (49 U.S.C. 
13304, 49 CFR 366.4). Every broker shall make a designation for each 
State in which its offices are located or in which contracts are 
written (49 U.S.C. 13304, 49 CFR 366.4). Regulations governing the 
designation of process agents are found at 49 CFR part 366. This 
designation is filed with the FMCSA on Form BOC-3, ``Designation of 
Agents for Service of Process.''
    Title: Designation of Agents, Motor Carriers, Brokers and Freight 
Forwarders.
    OMB Control Number: 2126-0015.
    Type of Request: Revision of a currently approved collection.
    Respondents: Motor carriers, freight forwarders and brokers.
    Estimated Number of Respondents: 35,000.
    Estimated Time per Response: 10 minutes.
    Expiration Date: May 31, 2012.
    Frequency of Response: Form BOC-3 must be filed by all for-hire 
motor carriers, freight forwarders and brokers when the transportation 
entity first registers with the FMCSA. All brokers shall make a 
designation for each State in which it has an office or in which 
contracts are written. Subsequent filings are made only if the motor 
carrier, broker or freight forwarder changes process agents.
    Estimated Total Annual Burden: 5,833 hours [35,000 Form BOC-3 
filings per year x 10 minutes/60 minutes to complete form = 5,833 
hours].
    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 information 
collection.

    Issued on: November 18, 2011.
Kelly Leone,
Associate Administrator for Research and Information Technology.
[FR Doc. 2011-30741 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-EX-P