[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 720-721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31550]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0165]
Agency Information Collection Activities; Revision of an Approved
Information Collection: Financial Responsibility Motor Carriers,
Freight Forwarders, and Brokers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (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. FMCSA requests approval
to renew an ICR titled, ``Financial Responsibility Motor Carriers,
Freight Forwarders, and Brokers.'' The purpose of this ICR 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 Agency jurisdictional statutes.
DATES: Comments on this notice must be received on or before March 7,
2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2024-0165 using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Ana Alvarez, Financial Analyst, Office
of Registration, Financial Responsibility Filings Division, DOT, FMCSA,
1200 New Jersey Avenue SE, West Building, 6th Floor, Washington, DC
20590-0001; (202) 366-0401; [email protected].
SUPPLEMENTARY INFORMATION:
Instructions
All submissions must include the Agency name and docket number. For
detailed instructions on submitting comments, see the Public
Participation heading below. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Public Participation and Request for Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0165), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2024-0165/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
Comments received after the comment closing date will be included
in the docket and will be considered to the extent practicable.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
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 (49 CFR 1.87) and the regulations
implementing these requirements may be found at 49 CFR part 387. 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 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 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
[[Page 721]]
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 motor carriers are required to file
evidence of cargo insurance with FMCSA (Sec. 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 bodily injury and property damage 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.
Both forms are being revised due to the implementation of the Broker
and Freight Forwarder Financial Responsibility Final Rule (88 FR 78656,
Nov. 16, 2023). As originally published in 2023, the rule had two
compliance dates, January 16, 2025, and January 16, 2026. In
anticipation of the January 16, 2025, compliance date, a 60-day Federal
Register notice was published on August 1, 2024 (89 FR 62842). However,
FMCSA has extended the compliance date of all requirements to January
16, 2026, creating a single compliance date for all provisions on the
rule. This ICR updates the August 1 notice. The implementation of the
Broker and Freight Forwarder Financial Responsibility Rule six months
after the forms are set to expire necessitates the use of two versions
of forms BMC-36, BMC-84, BMC-85. The first version of the forms will
apply to the 6 months prior to the implementation of the rule on
January 16, 2026. The second version will apply to the 2.5 years
following the implementation of the Broker and Freight Forwarder
Financial Responsibility Rule after January 16, 2026.
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.
Forms BMC-36 and BMC-85 are being revised due to the implementation of
the Broker and Freight Forwarder Financial Responsibility Final Rule's
extended compliance date of January 16, 2026.
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 Sec. 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: Revision of a currently approved ICR.
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, 82, 83, 91, and 91X is 10 minutes per
form. In addition, form BMC-32 takes 10 minutes. Forms BMC 36, 84 and
85 are affected by the implementation of the Broker Freight Forward
Financial Responsibility Rule. For the six months prior to the rule
implementation the estimated average burden per response for these
three forms is 10 minutes per form. For the remaining 2.5 year after
the rule is implemented the estimated average burden per response for
the revised forms is 12 minutes per form.
Expiration Date: June 30, 2025.
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 BI & PD and/or cargo liability
coverage.
Estimated Total Annual Burden: 49,722. The annual burden was
revised for Forms BMC-84, BMC-85, and BMC-36. The initial collection
period for those forms is the six-month period prior to the compliance
date of the Broker and Freight Forward Financial Responsibility Rule
where the estimated average burden per response is 10 minutes. The
second collection period is a revision for the 2.5 years following the
January 16, 2026, rule compliance date where the estimated average
burden per response is 12 minutes. The annual burden hours for the
revised forms equal 2,249. The annual burden hours for the remaining
forms are unchanged at 47,473.
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 ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-31550 Filed 1-3-25; 8:45 am]
BILLING CODE 4910-EX-P