[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35766-35767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12111]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-21203]


Notice of Request for Renewal of a Currently Approved Information 
Collection: Financial Responsibility, Trucking and Freight Forwarding

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the requirement of section 3506(c)(2)(A) of 
the Paperwork Reduction Act of 1995, this notice announces the 
intention of FMCSA to request the Office of Management and Budget (OMB) 
to renew its clearance of the currently approved information collection 
identified below under Supplementary Information. This information 
collection provides registered motor carriers, property brokers, and 
freight forwarders a means of meeting financial security documentation 
requirements.

DATES: Comments must be submitted on or before August 22, 2005.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2005-21203 by any of the following methods:
     Web site: http://dms.dot.gov.
    Follow the instructions for submitting comments on the DOT 
electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management System (DMS) Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except on Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking process. Note that all comments received will be posted 
without change to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Regulatory Notes.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    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 in the Federal Register published on 
April 11, 2000 at 65 FR 19477 or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Joy Dunlap, (202) 385-2428, 
Commercial Enforcement Division (MC-ECC), Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590. Office hours are from 8 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Financial Responsibility, Trucking and Freight Forwarding.
    OMB Number: 2126-0017.

Background

    The Secretary of Transportation (Secretary) is authorized to 
register for-

[[Page 35767]]

hire motor carriers of regulated commodities 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 registrations to the FMCSA. Registration 
remains valid only as long as the transportation entities maintain, on 
file with the FMCSA, evidence of the required levels of insurance 
coverage pursuant to 49 U.S.C. 13906. Regulations governing financial 
responsibility requirements are found at 49 CFR part 387.
    Forms BMC-91, 91X, and 82 provide evidence of the required coverage 
for bodily injury and property damage (BI&PD) liability. Forms BMC-34 
and 83 establish compliance with cargo liability requirements. Forms 
BMC-84 and 85 are filed by brokers to comply with the requirement for a 
$10,000 surety bond or trust fund agreement. Forms BMC-35, 36, and 85 
cancel prior filings. Forms BMC-90 and 32 are endorsements that must be 
attached to BI&PD and cargo insurance policies, respectively, but are 
not filed with the FMCSA.
    Motor carriers can also apply to self-insure BI&PD and/or cargo 
liability in lieu of filing certificates of insurance or surety bonds 
with the FMCSA. Form BMC-40 is the application used to apply for self-
insurance authority.
    Respondents: Motor carriers, freight forwarders, and brokers.
    Estimated Average Burden Per Response: The estimated average burden 
per response for the BMC-40 is 40 hours. The estimated average burden 
per response for each of the other forms (BMC-32, 34, 35, 36, 82, 83, 
84, 85, 90, 91, and 91X) is 10 minutes per form.
    Estimated Total Annual Burden: The estimated total annual burden is 
600 hours for the BMC-40 based on 15 filings per year [15 filings per 
year x 40 hours to complete = 600 hours]. The estimated total annual 
burden for all of the other forms described above is 50,170 hours based 
on 301,022 filings per year [301,022 filings per year x 10 minutes to 
complete divided by 60 minutes = 50,170 total burden hours]. Therefore, 
the total burden hour request is 50,770 [600 estimated annual burden 
hours for the BMC-40 + 50,170 hours for the other forms = 50,770 total 
burden hours].
    Frequency: Certificates of insurance, surety bonds, and trust fund 
agreements are required when the transportation entity first registers 
with the FMCSA and then when such coverages are replaced. Notices of 
cancellation are required only when such certificates of insurance, 
surety bonds or trust fund agreements are canceled. Form BMC-40 is 
generally filed only when a carrier seeks approval to self-insure its 
BI&PD and/or cargo liability.
    Public Comments Invited: Interested parties are invited to send 
comments regarding any aspect of this information collection, including 
but not limited to: (1) the necessity and utility of the information 
collection for the proper performance of the functions of the FMCSA; 
(2) the accuracy of the estimated burden; (3) ways to enhance the 
quality, utility, and clarity of the collected information; and (4) 
ways to minimize the collection burden without reducing the quality of 
the collected information. Comments submitted in response to this 
notice will be summarized and/or included in the request for OMB's 
clearance for a renewal of this information collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35, as amended; 49 U.S.C. 13901, 13902, 13903, 13904 and 
13906; and 49 CFR 1.73.

    Issued on: June 13, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-12111 Filed 6-20-05; 8:45 am]
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