[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Page 15184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6060]
[[Page 15184]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0018]
Agency Information Collection Activities; Revision of a
Currently-Approved Information Collection Request: Designation of
Agents, Motor Carriers, Brokers and Freight Forwarders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 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 review
and approval. The FMCSA requests approval to revise an ICR entitled,
``Designation of Agents, Motor Carriers, Brokers and Freight Forwarders
(OMB Control Number 2126-0015),'' which is used to provide registered
motor carriers, property brokers, and freight forwarders a means of
meeting the Agency's process agent requirements.
On November 29, 2011, FMCSA published a Federal Register notice
allowing for a 60-day comment period on the ICR. The Agency did not
receive any comments on the notice.
DATES: Please send your comments by April 13, 2012. OMB must receive
your comments by this date in order to act quickly on the ICR.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2012-0018. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to [email protected], or faxed to (202) 395-6974, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
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: [email protected]. Office hours are from 8
a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Designation of Agents, Motor Carriers, Brokers and Freight
Forwarders.
OMB Control Number: 2126-0015.
Type of Request: Revision of a currently-approved information
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 their process agent
designations.
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].
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; 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. While part
366 is silent regarding its applicability to freight forwarders, as
noted above, they are also required by statute to designate process
agents (see 49 U.S.C. 13303). These designations are filed with the
FMCSA on Form BOC-3, ``Designation of Agents for Service of Process.''
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 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 on: March 5, 2012.
Kelly Leone,
Associate Administrator for Research and Information Technology.
[FR Doc. 2012-6060 Filed 3-13-12; 8:45 am]
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