[Federal Register Volume 74, Number 23 (Thursday, February 5, 2009)]
[Notices]
[Pages 6203-6204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2450]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0395]


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 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. 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 (property 
and passenger), 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. On November 24, 2008, FMCSA 
published a Federal Register notice allowing for a 60-day comment 
period on the ICR. No comments were received.

DATES: Please send your comments by March 9, 2009. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: 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

[[Page 6204]]

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 <a href="/cdn-cgi/l/email-protection#543b3d26350b272136393d27273d3b3a143b39367a313b247a333b22"><span class="__cf_email__" data-cfemail="a9c6c0dbc8f6dadccbc4c0dadac0c6c7e9c6c4cb87ccc6d987cec6df">[email protected]</span></a>, 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. 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: <a href="/cdn-cgi/l/email-protection#a2c6cdd0cdd6cac7c38cc5d0dbcfc7d1e2c6cdd68cc5cdd4"><span class="__cf_email__" data-cfemail="41252e332e352924206f2633382c243201252e356f262e37">[email protected]</span></a>. Office hours are 
from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    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 by these entities. 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 bodily injury and 
property damage (BI&PD) and/or cargo liability coverage.
    Estimated Total Annual Burden: 66,960 hours [200 hours (5 BMC-40 
filings per year x 40 hours to complete) + 66,760 hours (400,560 
filings per year for all of the other insurance forms x 10 minutes/60 
minutes to complete) = 66,960 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 
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. See 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 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. 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. 13906,'' and Form BMC-
85 entitled, ``Property Broker's Trust Fund Agreement Under 49 U.S.C. 
13906,'' are filed by brokers to comply with the requirement that they 
must have a $10,000 surety bond or trust fund 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. 13906,'' and Form 85 entitled, ``Property 
Broker's Trust Fund Agreement Under 49 U.S.C. 13906,'' cancel prior 
filings.
    Endorsements. 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. 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. These endorsements are not filed with the FMCSA.
    Self Insurance Filings. A motor carrier 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.
    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: January 29, 2009.
Terry Shelton,
Associate Administrator for Research and Information Technology.
[FR Doc. E9-2450 Filed 2-4-09; 8:45 am]
BILLING CODE 4910-EX-P


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