[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 71084-71085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27867]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0299]


Agency Information Collection Activities; Revision and Renewal of 
a Currently-Approved Information Collection: OMB Control No. 2126-0017 
(Financial Responsibility, Motor Carriers, Freight Forwarders and 
Brokers)

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

ACTION: Notice and request for information.

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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. The FMCSA requests OMB approval to revise and 
renew a currently-approved ICR entitled, ``Financial Responsibility, 
Trucking and Freight Forwarding,'' to reflect an increase in burden 
hours due to an increase in the estimated number of annual responses. 
In addition, the title of the ICR is being changed to ``Financial 
Responsibility, Motor Carriers, Freight Forwarders and Brokers,'' to 
better describe its purpose. This ICR sets forth the financial 
responsibility documentation requirements for motor carriers, freight 
forwarders and property brokers so they can maintain the minimum levels 
of financial responsibility required under the Federal Motor Carrier 
Safety Regulations (FMCSRs) to operate in interstate, foreign or 
intrastate commerce. FMCSA invites public comment on this ICR.

DATES: We must receive your comments on or before January 23, 2009.

ADDRESSES: You may submit comments bearing the Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number FMCSA 
Docket Number FMCSA-2008-0299 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Group Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington DC, 20590-0001, between 9 a.m. 
and 5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this Notice. Please note that DOT posts all comments received 
without change to http://www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below:
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The DMS is available 24 hours each 
day, 365 days each year. If you want acknowledgement that we received 
your comments, please include a self-addressed, stamped envelope or 
post card or print the acknowledgement page that appears after 
submitting on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register on April 11, 2000 (65 FR 19477-78). This information is also 
available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Dorothea Grymes, Transportation 
Specialist, Office of Enforcement and Compliance, Commercial 
Enforcement Division, Department of Transportation, Federal Motor 
Carrier Safety Administration, 6th Floor, West Building, 1200 New 
Jersey Ave., SE., Washington DC 20590-0001. Telephone Number: (202) 
385-2405; E-mail Address: [email protected]. Office hours are 
from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Secretary of Transportation (Secretary) is authorized to 
register for 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 registration 
requirements to the FMCSA. The registration remains valid only as long 
as these transportation entities maintain, on file with the FMCSA, 
evidence of the required levels of insurance coverage pursuant to 49 
U.S.C. 13906. FMCSA regulations governing the financial responsibility 
requirements for these entities are found at 49 CFR part 387.

Forms for Endorsements, Certificates of Insurance and Others

    Evidence of Bodily Injury and Property Damage (BI&PD) Liability 
Forms BMC-91 and 91X entitled, ``Motor Carrier Automobile Bodily Injury 
and Property Damage Liability Certificate of Insurance,'' and Form BMC-
82 entitled, ``Motor Carrier Bodily Injury and Property Damage 
Liability Surety Bond Under 49 U.S.C. Sec.  13906,'' provide evidence 
of the required coverage for bodily injury and property damage (BI&PD) 
liability.
    Requirement to obtain Surety Bond or Trust Fund Agreement Form BMC-
34 entitled, ``Motor Carrier Cargo Liability Certificate of 
Insurance,'' and Form BMC-83 entitled ``Motor Carrier Cargo Liability 
Surety Bond Under 49 U.S.C. Sec.  13906,'' establish a carrier's 
compliance with the agency's cargo liability requirements. Form BMC-84 
entitled ``Property Broker's Surety Bond Under 49 U.S.C. Sec.  
13906,''and Form BMC-85 entitled, ``Property Broker's Trust Fund 
Agreement Under 49 U.S.C. Sec.  13906,'' are filed by brokers to comply 
with the requirement that they must have a $10,000 surety bond or trust 
fund

[[Page 71085]]

agreement in effect before FMCSA will issue a property broker license.
    Cancellation of Prior Filings Form BMC-35 entitled, Notice of 
Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906, Form BMC-36 
entitled, ``Notice of Cancellation Motor Carrier and Brokers Surety 
Bonds Under 49 U.S.C. Sec.  13906,'' and Form 85 entitled, ``Property 
Broker's Trust Fund Agreement Under 49 U.S.C. 13906,'' cancel prior 
filings.
    Endorsement Form BMC 90 entitled, ``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 entitled, ``Endorsement for Motor Common Carrier 
Policies of Insurance for Cargo Liability Under 49 U.S.C. Sec.  
13906,'' are executed by the insurance company, attached to BI&PD and 
cargo insurance policies, respectively, and forwarded to the motor 
carrier or freight forwarder.
    Self Insurance motor carriers can also apply to the 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 49 CFR 387.7(d)(3) and 387.309. The 
Form BMC-40 is the application used by carriers to apply for self-
insurance authority.
    Title: Financial Responsibility, Motor Carriers, Freight Forwarders 
and Brokers, formerly titled ``Financial Responsibility, Trucking and 
Freight Forwarding.''
    OMB Control Number: 2126-0017.
    Type of Request: Revision of a currently-approved information 
collection.
    Respondents: Motor carriers, freight forwarders and brokers.
    Estimated Number of Respondents: 251,415.
    Estimated Time per Response: The estimated average burden per 
response for the Form BMC-40 is 40 hours. The estimated average burden 
per response for all of the other remaining insurance forms (BMC-32, 
34, 35, 36, 82, 83, 84, 85, 90, 91, and 91X) is 10 minutes per form.
    Expiration Date: February 28, 2009.
    Frequency of Response: 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 changed or 
replaced. Notices of cancellation are required only when such 
certificates of insurance, surety bonds or trust fund agreements are 
canceled. The Form BMC-40 is generally filed only when a carrier seeks 
approval from FMCSA to self-insure its BI&PD and/or cargo liability.
    Estimated Total Annual Burden: 66,960 hours [5 BMC-40 filings per 
year x 40 hours to complete + 400,560 filings per year for all of the 
other forms x 10 minutes/60 minutes to complete = 66,960].
    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 agency to perform its mission; (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. The agency will summarize or include your 
comments in the request for OMB's clearance of this information 
collection.

    Issued on: November 14, 2008.
Terry Shelton,
Associate Administrator for Research and Information Technology.
[FR Doc. E8-27867 Filed 11-21-08; 8:45 am]
BILLING CODE 4910-EX-P