[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54283-54285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21195]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2021-0126]


Agency Information Collection Activities; Renewal of an Approved 
Information Collection: Financial Responsibility Motor Carriers, 
Freight Forwarders, and Brokers

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 its 
review and approval and invites public comment. The purpose of this ICR 
titled, ``Financial Responsibility Motor Carriers, Freight Forwarders, 
and Brokers,'' 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 the Agency's jurisdictional 
statutes.

DATES: We must receive your comments on or before November 29, 2021.

ADDRESSES: You may submit comments identified by Federal Docket

[[Page 54284]]

Management System (FDMS) Docket Number FMCSA-2021-0126 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    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 for the Federal Docket Management System 
published in the Federal Register on January 17, 2008. (73 FR 3316), or 
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Lorenzo Allen, Lead Transportation 
Specialist, Office of Registration & Safety Information, West Building 
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 
(202) 385-2465; email [email protected].

SUPPLEMENTARY INFORMATION: 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 under 49 CFR 
part 387. The registration remains valid only as long as these 
transportation entities maintain, on file with the 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 (BI&PD) 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 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 (HHG) motor carriers are required to 
file evidence of cargo insurance with FMCSA. 49 CFR 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 BI & PD 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.

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.

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 49 CFR 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: Renewal.
    Respondents: For-hire Motor Carriers, Brokers, and Freight 
Forwarders.
    Estimated Number of Respondents: 200,146.
    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, 36, 82, 83, 84, 85, 91, and 91X is 10 
minutes per form. In addition, form BMC-32 takes 10 minutes.
    Expiration Date: February 28, 2022.

[[Page 54285]]

    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 bodily injury and property 
damage (BI & PD) and/or cargo liability coverage.
    Estimated Total Annual Burden: 49,359 hours.
    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 information 
collection.
    Issued under the authority delegated in 49 CFR 1.87.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-21195 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-EX-P