Agency Information Collection Activities; Approval of a Revision of an Information Collection Request: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property, 15019-15020 [2021-05718]
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jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
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operating authority has been revoked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):
• Requestor’s fax number, email
address, and applicant’s oath.
• Entity’s legal/doing business as
names, USDOT number, docket MC/
MX/FX number, current street address,
and phone numbers.
• Affiliations with FMCSA-licensed
entities.
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19:13 Mar 18, 2021
Jkt 253001
• Requested changes to the entity’s
address.
• Requested changes to the entity’s
name and/or ownership, management or
control.
• Type(s) of operating authority the
entity wishes to reinstate.
• Credit card information (name,
number, expiration date, address, date)
if filing a name change or reinstatement.
FMCSA published a 60-day notice in
the Federal Register on November 25,
2020, (85 FR 75402), announcing the
Agency’s intent to submit the Motor
Carrier Records Change Form to OMB
for approval, and requesting comments
from the public. No comments we
received.
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 FMCSA to perform it’s
functions; (2) the accuracy of the
estimated burden; (3) ways for the
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.
Issued under the authority delegated in 49
CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–05720 Filed 3–18–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0178]
Agency Information Collection
Activities; Approval of a Revision of an
Information Collection Request:
Financial Responsibility for Motor
Carriers of Passengers and Motor
Carriers of Property
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 its
review and approval and invites public
comment. The information collected
will be used to help ensure that motor
carriers of passengers and property
maintain appropriate levels of financial
SUMMARY:
PO 00000
Frm 00155
Fmt 4703
Sfmt 4703
15019
responsibility to operate on public
highways.
DATES: Please send your comments by
April 19, 2021. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Secrist, Office of Registration, Chief,
Registration, Licensing and Insurance
Division, Department of Transportation,
Federal Motor Carrier Safety
Administration, West Building 6th
Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–385–2367; email: jeff.secrist@
dot.gov. Office hours are from 9 a.m. to
5 p.m., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Financial Responsibility for
Motor Carriers of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126–0008.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Insurance underwriters
for insurance companies and financial
specialists for surety companies of
motor carriers of property (Forms MCS–
90 and MCS–82) and passengers (Forms
MCS–90B and MCS–82B), and motor
carrier compliance officers employed by
motor carriers to store and maintain
insurance and/or surety bond
documentation in motor carrier
vehicles.
Estimated Number of Respondents:
140,074.
Estimated Time per Response:
FMCSA estimates that it takes 2 minutes
to complete the Endorsement for Motor
Carrier Policies of Insurance for Public
Liability under Sections 29 and 30 of
the Motor Carrier Act of 1980 (Form
MCS–90 for property carriers) and
Endorsement for Motor Carrier Policies
of Insurance for Public Liability under
Section 18 of the Bus Regulatory Reform
Act of 1982 (MCS–90B for passenger
carriers) or the Motor Carrier Public
Liability Surety Bond under Sections 29
and 30 of the Motor Carrier Act of 1980
(Form MCS–82 for property carriers)
and Motor Carrier Public Liability
Surety Bond under Section 18 of the
Bus Regulatory Reform Act of 1982
(MCS–82B for passenger carriers); 1
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jbell on DSKJLSW7X2PROD with NOTICES
15020
Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Notices
minute to store/maintain documents at
the motor carrier’s principal place of
business [49 CFR 387.7(d); 49 CFR
387.31(d)]; and 1 minute per vehicle to
place the respective document on board
the vehicle as required for non U.S.domiciled carriers with the exception of
Non North American(NNA) who are
required to maintain a copy at their
Principal Place of Business (PPOB) and
file with FMCSA[49 CFR 387.7(f); 49
CFR 387.31(f) 49 CFR part 387.7(e)(2)].
Expiration Date: March 31, 2021.
Frequency of Response: On a one-time
basis or as needed.
Estimated Total Annual Burden:
4,146 hours.
FMCSA published the 60-day Federal
Register notice on October 8, 2020 (85
FR 63648), and received 2 comments in
response. The first comment, from the
National School Transportation
Association (NSTA), supports the
proposal to renew the MCS–82B and
MCS–90B information collection to
verify proof of motor carrier financial
responsibility. The second comment,
from The American Property Casualty
Insurance Association (APCIA), raised
three issues: (1) That [t]he MCS–90 form
is sometimes erroneously treated by
trucking regulators as a simple
certification of insurance coverage’’ and
that extension of an insurer’s liability
‘‘could be easily fixed by limiting the
MCS–90 to apply only to accidents
occurring inside the United States
. . .’’; (2) that keeping the expiration
date on the financial responsibility
forms creates confusion; and (3) that the
unintended consequence related to
changes of the MCS–90 web pages is
that some users believe a change in the
web page equates to a change in the
MCS–90 itself.
With regard to the first issue, Property
Casualty Insurers of America (PCI), a
predecessor to APCIA, previously filed
a Petition for Rulemaking with FMCSA
pertaining to the extension of MCS–90
liability to Mexico. However, given the
decision in Lincoln General Ins. Co. v.
De La Luz Garcia, 501 F.3d 436 (5th Cir.
2007) that effectively granted (PCI) the
relief it was seeking in its Petition for
Rulemaking, FMCSA decided not to
address PCI’s petition further at that
time. The Minimum Levels of Financial
Responsibility for Motor Carriers, is
noted in the Federal Register Notice 74
FR 27485, 27487 dated (June 10, 2009).
Therefore, given that APCIA’s concerns
have been previously addressed,
FMCSA does not believe changing the
MCS–90 is necessary. Additionally,
FMCSA does not believe that even if a
change was necessary that an ICR
proceeding is an appropriate forum for
such a change. FMCSA welcomes
VerDate Sep<11>2014
19:13 Mar 18, 2021
Jkt 253001
discussing APCIA’s concerns informally
and is happy to have a meeting with
APCIA to discuss further. With regard to
the comment on the expiration date, the
commenter noted that the regulation
requires that the MCS–90 and its
accompanying insurance filing be
continuous until canceled, but that
having expiration dates on the forms
‘‘creates confusion and could change the
meaning of the endorsement in the eyes
of a court. It needlessly causes motor
carriers to worry that their insurance
coverage might not satisfy federal
requirements, especially as this
bureaucratic date often falls behind its
intended expiration.’’ APCIA goes on to
argue that the date often confuses law
enforcement as to if the date refers to
the insurer’s insurance policy rather
than the form. FMCSA agrees with the
comment and requests permission to
exclude the expiration date from all
forms.
With regard to the comment on
website updates, FMCSA will look into
ensuring that any future updates to our
web page are more clear.
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimum levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage, and
environmental restoration, and (2) forhire motor carriers of passengers to
cover public liability and property
damage. The forms MCS–90/90B and
forms MCS–82/82B contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (49 CFR 387.9 (motor
carriers of property) and 49 CFR
387.33T (motor carriers of passengers)).
FMCSA and the public can verify that
a motor carrier of property or passengers
has obtained, and has in effect, the
required minimum levels of financial
responsibility by reviewing the
information enclosed within these
documents.
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 FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
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.
PO 00000
Frm 00156
Fmt 4703
Sfmt 4703
Issued under the authority delegated in 49
CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–05718 Filed 3–18–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics
[Docket ID Number DOT–OST–2014–0031]
Agency Information Collection;
Activity Under OMB Review; Report of
Financial and Operating Statistics for
Small Aircraft Operators
Bureau of Transportation
Statistics (BTS), DOT.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Transportation Statistics
invites the general public, industry and
other governmental parties to comment
on the continuing need for and
usefulness of BTS collecting financial,
traffic and operating statistics from
small certificated and commuter air
carriers. Small certificated air carriers
(operate aircraft with 60 seats or less or
with 18,000 pounds of payload capacity
or less) currently must file the two
quarterly schedules listed below:
F–1 Report of Financial Data,
F–2 Report of Aircraft Operating
Expenses and Related Statistics, and
Commuter air carriers must file the
Schedule F–1 Report of Financial Data,
Commenters should address whether
BTS accurately estimated the reporting
burden and if there are other ways to
enhance the quality, utility, and clarity
of the information collected.
DATES: Written comments should be
submitted by May 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Cecelia Robinson, Office of Airline
Information, RTS–42, Room E34–110,
OST–R, BTS,1200 New Jersey Avenue
SE, Washington, DC 20590–0001,
Telephone Number (202) 366–4405, Fax
Number (202) 366–3383 or EMAIL
cecelia.robinson@dot.gov.
Jennifer Rodes, Office of Airline
Information, RTS–42, Room E32–103,
OST–R, BTS, 1200 New Jersey Avenue
SE, Washington DC 20590–0001,
Telephone Number (202) 366–8513, Fax
Number (202) 366–3383 or EMAIL
Jennifer.rodes@dot.gov.
Comments: Comments should identify
the associated OMB approval #2138–
0009 and Docket ID Number DOT–OST–
2014–0031. Persons wishing the
Department to acknowledge receipt of
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 15019-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05718]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0178]
Agency Information Collection Activities; Approval of a Revision
of an Information Collection Request: Financial Responsibility for
Motor Carriers of Passengers and Motor Carriers of Property
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 its
review and approval and invites public comment. The information
collected will be used to help ensure that motor carriers of passengers
and property maintain appropriate levels of financial responsibility to
operate on public highways.
DATES: Please send your comments by April 19, 2021. OMB must receive
your comments by this date in order to act quickly on the ICR.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of
Registration, Chief, Registration, Licensing and Insurance Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, West Building 6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone: 202-385-2367; email:
[email protected]. Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Financial Responsibility for Motor Carriers of Passengers
and Motor Carriers of Property.
OMB Control Number: 2126-0008.
Type of Request: Revision of a currently-approved information
collection.
Respondents: Insurance underwriters for insurance companies and
financial specialists for surety companies of motor carriers of
property (Forms MCS-90 and MCS-82) and passengers (Forms MCS-90B and
MCS-82B), and motor carrier compliance officers employed by motor
carriers to store and maintain insurance and/or surety bond
documentation in motor carrier vehicles.
Estimated Number of Respondents: 140,074.
Estimated Time per Response: FMCSA estimates that it takes 2
minutes to complete the Endorsement for Motor Carrier Policies of
Insurance for Public Liability under Sections 29 and 30 of the Motor
Carrier Act of 1980 (Form MCS-90 for property carriers) and Endorsement
for Motor Carrier Policies of Insurance for Public Liability under
Section 18 of the Bus Regulatory Reform Act of 1982 (MCS-90B for
passenger carriers) or the Motor Carrier Public Liability Surety Bond
under Sections 29 and 30 of the Motor Carrier Act of 1980 (Form MCS-82
for property carriers) and Motor Carrier Public Liability Surety Bond
under Section 18 of the Bus Regulatory Reform Act of 1982 (MCS-82B for
passenger carriers); 1
[[Page 15020]]
minute to store/maintain documents at the motor carrier's principal
place of business [49 CFR 387.7(d); 49 CFR 387.31(d)]; and 1 minute per
vehicle to place the respective document on board the vehicle as
required for non U.S.-domiciled carriers with the exception of Non
North American(NNA) who are required to maintain a copy at their
Principal Place of Business (PPOB) and file with FMCSA[49 CFR 387.7(f);
49 CFR 387.31(f) 49 CFR part 387.7(e)(2)].
Expiration Date: March 31, 2021.
Frequency of Response: On a one-time basis or as needed.
Estimated Total Annual Burden: 4,146 hours.
FMCSA published the 60-day Federal Register notice on October 8,
2020 (85 FR 63648), and received 2 comments in response. The first
comment, from the National School Transportation Association (NSTA),
supports the proposal to renew the MCS-82B and MCS-90B information
collection to verify proof of motor carrier financial responsibility.
The second comment, from The American Property Casualty Insurance
Association (APCIA), raised three issues: (1) That [t]he MCS-90 form is
sometimes erroneously treated by trucking regulators as a simple
certification of insurance coverage'' and that extension of an
insurer's liability ``could be easily fixed by limiting the MCS-90 to
apply only to accidents occurring inside the United States . . .''; (2)
that keeping the expiration date on the financial responsibility forms
creates confusion; and (3) that the unintended consequence related to
changes of the MCS-90 web pages is that some users believe a change in
the web page equates to a change in the MCS-90 itself.
With regard to the first issue, Property Casualty Insurers of
America (PCI), a predecessor to APCIA, previously filed a Petition for
Rulemaking with FMCSA pertaining to the extension of MCS-90 liability
to Mexico. However, given the decision in Lincoln General Ins. Co. v.
De La Luz Garcia, 501 F.3d 436 (5th Cir. 2007) that effectively granted
(PCI) the relief it was seeking in its Petition for Rulemaking, FMCSA
decided not to address PCI's petition further at that time. The Minimum
Levels of Financial Responsibility for Motor Carriers, is noted in the
Federal Register Notice 74 FR 27485, 27487 dated (June 10, 2009).
Therefore, given that APCIA's concerns have been previously addressed,
FMCSA does not believe changing the MCS-90 is necessary. Additionally,
FMCSA does not believe that even if a change was necessary that an ICR
proceeding is an appropriate forum for such a change. FMCSA welcomes
discussing APCIA's concerns informally and is happy to have a meeting
with APCIA to discuss further. With regard to the comment on the
expiration date, the commenter noted that the regulation requires that
the MCS-90 and its accompanying insurance filing be continuous until
canceled, but that having expiration dates on the forms ``creates
confusion and could change the meaning of the endorsement in the eyes
of a court. It needlessly causes motor carriers to worry that their
insurance coverage might not satisfy federal requirements, especially
as this bureaucratic date often falls behind its intended expiration.''
APCIA goes on to argue that the date often confuses law enforcement as
to if the date refers to the insurer's insurance policy rather than the
form. FMCSA agrees with the comment and requests permission to exclude
the expiration date from all forms.
With regard to the comment on website updates, FMCSA will look into
ensuring that any future updates to our web page are more clear.
Background: The Secretary of Transportation is responsible for
implementing regulations which establish minimum levels of financial
responsibility for: (1) For-hire motor carriers of property to cover
public liability, property damage, and environmental restoration, and
(2) for-hire motor carriers of passengers to cover public liability and
property damage. The forms MCS-90/90B and forms MCS-82/82B contain the
minimum amount of information necessary to document that a motor
carrier of property or passengers has obtained, and has in effect, the
minimum levels of financial responsibility as set forth in applicable
regulations (49 CFR 387.9 (motor carriers of property) and 49 CFR
387.33T (motor carriers of passengers)). FMCSA and the public can
verify that a motor carrier of property or passengers has obtained, and
has in effect, the required minimum levels of financial responsibility
by reviewing the information enclosed within these documents.
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 FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the 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.
Issued under the authority delegated in 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-05718 Filed 3-18-21; 8:45 am]
BILLING CODE 4910-EX-P
