Agency Information Collection Activities; Revision of an Approved Information Collection: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers, 720-721 [2024-31550]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 720-721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31550]


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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. FMCSA requests approval 
to renew an ICR titled, ``Financial Responsibility Motor Carriers, 
Freight Forwarders, and Brokers.'' The purpose of this ICR 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.

DATES: Comments on this notice must be received on or before March 7, 
2025.

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: (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, DOT, FMCSA, 
1200 New Jersey Avenue SE, West Building, 6th Floor, Washington, DC 
20590-0001; (202) 366-0401; [email protected].

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 regulatory process. DOT posts these 
comments, including any personal information the commenter provides, to 
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed 
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are 
searchable by the name of the submitter.

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.

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

[[Page 721]]

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 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 bodily injury and property damage 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 forms are being revised due to the implementation of the Broker 
and Freight Forwarder Financial Responsibility Final Rule (88 FR 78656, 
Nov. 16, 2023). As originally published in 2023, the rule had two 
compliance dates, January 16, 2025, and January 16, 2026. In 
anticipation of the January 16, 2025, compliance date, a 60-day Federal 
Register notice was published on August 1, 2024 (89 FR 62842). However, 
FMCSA has extended the compliance date of all requirements to January 
16, 2026, creating a single compliance date for all provisions on the 
rule. This ICR updates the August 1 notice. The implementation of the 
Broker and Freight Forwarder Financial Responsibility Rule six months 
after the forms are set to expire necessitates the use of two versions 
of forms BMC-36, BMC-84, BMC-85. The first version of the forms will 
apply to the 6 months prior to the implementation of the rule on 
January 16, 2026. The second version will apply to the 2.5 years 
following the implementation of the Broker and Freight Forwarder 
Financial Responsibility Rule after January 16, 2026.

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 
and Broker'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. 
Forms BMC-36 and BMC-85 are being revised due to the implementation of 
the Broker and Freight Forwarder Financial Responsibility Final Rule's 
extended compliance date of January 16, 2026.

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. In addition, form BMC-32 takes 10 minutes. Forms BMC 36, 84 and 
85 are affected by the implementation of the Broker Freight Forward 
Financial Responsibility Rule. For the six months prior to the rule 
implementation the estimated average burden per response for these 
three forms is 10 minutes per form. For the remaining 2.5 year after 
the rule is implemented the estimated average burden per response for 
the revised forms is 12 minutes per form.
    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: 49,722. The annual burden was 
revised for Forms BMC-84, BMC-85, and BMC-36. The initial collection 
period for those forms is the six-month period prior to the compliance 
date of the Broker and Freight Forward Financial Responsibility Rule 
where the estimated average burden per response is 10 minutes. The 
second collection period is a revision for the 2.5 years following the 
January 16, 2026, rule compliance date where the estimated average 
burden per response is 12 minutes. The annual burden hours for the 
revised forms equal 2,249. The annual burden hours for the remaining 
forms are unchanged at 47,473.
    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. 2024-31550 Filed 1-3-25; 8:45 am]
BILLING CODE 4910-EX-P