[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10276-10277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03779]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. 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), Department 
of Transportation.

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.

[[Page 10277]]


DATES: Comments on this notice must be received on or before March 25, 
2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

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

SUPPLEMENTARY INFORMATION: 
    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: 200,147.
    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, 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.
    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, or trust fund 
agreements are cancelled. The BMC-40 is filed only when a motor carrier 
or freight forwarder seeks approval from FMCSA to self-insure its 
bodily injury and property damage (BI & PD) and/or cargo liability 
coverage.
    Estimated Total Annual Burden: 49,439 hours.
    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 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 
Secretary has delegated authority pertaining to these requirements to 
FMCSA. The information collected from these forms are summarized and 
displayed in FMCSA's Licensing and Information system.

Forms for Endorsements, Certificates of Insurance and Other Evidence of 
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 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 and HHG freight forwarders are required to file evidence of 
cargo insurance with FMCSA. Sec. Sec.  387.303T(c), 387.403T(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 Household Goods Motor Carrier Policies of 
Insurance for Cargo Liability Under 49 U.S.C. 13906,'' are executed by 
the insurance company, attached to the 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 and freight forwarders can also apply to FMCSA 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 by motor carriers to apply for self-insurance 
authority.
    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.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022-03779 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-EX-P