Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 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, 

lorenzo.allen@dot.gov. 

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. §§ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0089] 

Agency Information Collection 

Activities; Renewal Information 

Collection Request: National 

Consumer Complaint Database 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: 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 and 

invites public comment. This renewal 

collection of information is for the 


khammond on DSKJM1Z7X2PROD with NOTICES
10278 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

1 DOT maintains reporting and other 

requirements for over-the-road buses under its ADA 

regulations. (For a complete listing of the DOT’s 

ADA regulations, see 49 CFR parts 37 and 38.) 

National Consumer Complaint Database 

(NCCDB), which is an online interface 

allowing consumers, drivers, and others 

to file complaints against unsafe and 

unscrupulous companies and/or their 

employees, including shippers, 

receivers, and transportation 

intermediaries, depending on the type 

of complaint. These complaints cover a 

wide range of issues, including but not 

limited to driver harassment, coercion, 

movement of household goods, financial 

responsibility instruments for brokers 

and freight forwarders, Americans with 

Disability Act (ADA) compliance, 

Electronic Logging Device (ELD), EntryLevel Driver Training (ELDT), Medical 

Review Officer (MRO), and Substance 

Abuse Professional (SAP) complaints. 

FMCSA requests approval to renew the 

ICR titled ‘‘National Consumer 

Complaint Database’’ covered by OMB 

Control Number 2126–0067 in order to 

continue to collect consumer complaint 

information so FMCSA can use this data 

to take enforcement action, better 

inform FMCSA policies for safer motor 

carrier operations, and improve 

consumer protection. 

DATES: Comments on this notice must be 

received on or before March 25, 2022. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System Docket Number FMCSA–2021– 

0089. Interested persons are invited to 

submit written comments on the 

proposed information collection to the 

Office of Information and Regulatory 

Affairs (OIRA), OMB. Comments should 

be addressed to the attention of the Desk 

Officer, DOT/FMCSA, and sent via 

email to oira_submission@omb.eop.gov, 

faxed to (202) 395–6974, or mailed to 

OIRA, OMB, Docket Library, Room 

10102, 725 17th Street NW, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Donnice Wagoner, DOT, FMCSA, 

Commercial Enforcement Division/MC– 

SEI, West Building 6th Floor, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, (202) 366–8045, 

Donnice.Wagoner@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA maintains online information 

and resources to assist drivers, others in 

the motor carrier industry, and members 

of the general public in filing safety 

complaints regarding household goods 

(HHG) carriers, hazardous material (HM) 

carriers, property carriers, cargo tank 

facilities, passenger carriers, Electronic 

Logging Devices (ELD), Entry-Level 

Driver Training (ELDT) providers, 

Medical Review Officers (MRO) and 

Substance Abuse Professionals (SAP) 

reporting to the Agency’s Drug and 

Alcohol Clearinghouse. There is also 

information pertaining to the filing of 

consumer complaints, particularly 

regarding HHG transportation and ADA 

compliance.1 This online interface is 

known as the NCCDB. The NCCDB has 

contributed to safer motor carrier 

operations on our nation’s highways by 

identifying carriers for investigations 

and improved consumer protection by 

ensuring moving companies use fair 

business practices. FMCSA uses the 

information collected in the NCCDB to 

monitor and induce non-compliant 

regulated entities to achieve and 

maintain compliance. 

The NCCDB grew out of a telephone 

hotline known as the Safety Violation 

Hotline Service. Congress mandated this 

hotline in Section 4017 of the 

‘‘Transportation Equity Act of the 21st 

Century,’’ Public Law 105–178, 112 Stat. 

107, June 9, 1998. The Motor Carrier 

Safety Improvement Act of 1999, Public 

Law 106–159, 113 Stat. 1748, December 

9, 1999, created FMCSA and section 213 

of the Act expanded the Safety Violation 

Hotline Service to include a 24-hour 

operation. On August 10, 2005, 

Congress enacted the Safe, Accountable, 

Flexible, and Efficient Transportation 

Equity Act: A Legacy for Users, 

(SAFETEA–LU), Public Law 109–59, 

119 Stat. 1144. Section 4214 of 

SAFETEA–LU requires DOT to create a 

system to record and log aggregate 

complaint information regarding 

violations of the Federal Motor Carrier 

Safety Regulations. 

The NCCDB fulfills the requirements 

of these mandates. Complaints are 

accepted through the NCCDB in 

connection with other statutory 

mandates, including, but not limited to, 

protection of drivers against harassment 

and coercion under sections 32301(b) 

and 32911, respectively, of the Moving 

Ahead for Progress in the 21st Century 

Act, Public Law 112–141, 126 Stat. 405. 

The NCCDB also accepts complaints 

from interested parties regarding third 

party intermediaries (brokers and freight 

forwarders) and their associated 

financial responsibility instruments. 

Federal Register Notice and Summary 

of Public Comments Received 

On September 3, 2021, FMCSA 

published a notice in the Federal 

Register announcing a renewal ICR 

pertaining to the NCCDB. 86 FR 49594 

(September 3 notice). FMCSA sought 

public comment on the ICR, 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 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. Id. at 

49595. 

On September 7, 2021, a private 

citizen, MJ Thorne (Thorne), filed a 

comment in response to the September 

3 notice. In the comments, Thorne 

suggested that the database include ‘‘a 

series for brokers who falsely give 

delivery dates, then hold carrier/driver 

hostage for days and refuse to pay 

layover or adequate layover. . . . [and] 

a category for receivers who likewise set 

appointments, then tell driver they 

won’t get trailer back for days.’’ Thorne 

also suggested that the database include 

‘‘a section for lumper violations.’’ 

FMCSA is in the process of updating 

the NCCDB. The update will include the 

option for the system user to select 

broker allegations specific to property 

carriers when filing their complaint. 

FMCSA appreciates the suggestions 

regarding adding an NCCDB complaint 

category for receivers and lumpers; 

however, FMCSA is not currently 

considering those additions. 

On September 17, 2021, a private 

citizen, Matt Schulz (Schulz) filed a 

comment in response to the September 

3 Notice. In the comments, Schulz 

raised concerns about FMCSA’s failure 

to timely respond to his complaint; and 

FMCSA’s failure to investigate his 

complaint thoroughly. 

FMCSA appreciates the comment; 

however, the comment does not pertain 

to this Information Collection Renewal 

request. FMCSA will strive to respond 

to every complaint promptly, 

thoroughly investigate all valid 

complaints, and initiate enforcement 

action when applicable. 

On October 26, 2021, the 

Transportation Intermediaries 

Association (TIA) filed a comment (TIA 

comment) in response to the September 

3 Notice. TIA raised concerns about 

FMCSA’s lack of enforcement for 

unlawful brokerage activities. TIA 

indicated that it ‘‘knows of several 

dozen complaints that have been 

reported to the Agency through the 

NCCDB for unlawful brokerage 

activities, with no enforcement action 

taken.’’ TIA comment, at 3–4. TIA 

recommended that the ‘‘Agency amend 

the user interface for the NCCDB to 

make it easier for folks to file 

complaints with the Agency.’’ Id. at 4. 

TIA noted that ‘‘there is not a place for 

licensed property brokers to easily 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 10279 

identify areas to make a complaint.’’ Id. 

Additionally, TIA stated that it ‘‘stands 

ready to work with the Agency to make 

the NCCDB a useful tool to identify bad 

actors whether it be a motor carrier, a 

broker, or another entity, and use that 

information to take the necessary 

enforcement action.’’ Id. 

As previously mentioned, FMCSA is 

in the process of updating the NCCDB 

to include its interface. FMCSA is 

hopeful that the update to the interface 

will make it easier for system users to 

file complaints in the NCCDB. The 

update will also include the option for 

the system user to select broker 

allegations specific to property carriers 

when filing their complaint. FMCSA 

will strive to respond to every 

complaint promptly, thoroughly 

investigate all valid complaints, and 

initiate enforcement action when 

applicable. 

On November 2, 2021, the OwnerOperator Independent Drivers 

Association, Inc (OOIDA) filed a 

comment (OOIDA comments) in 

response to the September 3 Notice. In 

its comments, OOIDA acknowledged 

that the ‘‘Information Collection Request 

is necessary for the agency to perform 

its mission. . .’’ OOIDA comments, at 2. 

However, OOIDA indicated that ‘‘[a]s 

currently administered, the NCCDB is 

an inadequate outlet for drivers to report 

harassment, coercion, and other 

violations of commercial regulations.’’ 

Id. at 1. Moreover, OOIDA raised 

concerns about the Agency’s response to 

complaints, insufficient follow-up with 

drivers after filing complaints, the 

ambiguity of the name ‘‘National 

Consumer Complaint Database,’’ and 

FMCSA’s lack of outreach to drivers 

informing them about the NCCDB. Id. at 

1–2. Finally, OOIDA ‘‘encourage[d] 

FMCSA to collaborate with GAO so 

overdue changes to the NCCDB can be 

made as soon as possible.’’ Id. at 2. 

As previously mentioned, FMCSA is 

in the process of updating the NCCDB. 

FMCSA is hopeful that the update will 

improve the adequacy of the database 

and allow drivers to report harassment, 

coercion, and additional violations of 

commercial regulations. FMCSA is not 

currently considering changing the 

National Consumer Complaint 

Database’s name. The National 

Consumer Complaint Database, 

commonly referred to as the NCCDB, is 

a well-known and highly frequented 

database that consumers, brokers, motor 

carriers, and industry personnel use. In 

2021, the database received over 18,000 

complaints. Therefore, FMCSA does not 

believe that there is a stakeholder 

awareness problem due to the name of 

the database. FMCSA looks forward to 

continuing to hear OOIDA’s perspective 

on the name of the database and 

categories within it and will strive to 

respond to every complaint promptly, 

thoroughly investigate all valid 

complaints, and initiate enforcement 

action when applicable. 

FMCSA looks forward to continuing 

to work with stakeholders on issues 

related to the NCCDB. 

Title: National Consumer Complaint 

Database. 

OMB Control Number: 2126–0067. 

Type of Request: Information 

collection request renewal. 

Respondents: Consumers, Drivers, 

and Other Participants in the Motor 

Carrier Industry. 

Estimated Number of Respondents: 

18,546. 

Estimated Time per Response: 15 

minutes. 

Expiration Date: February 28, 2022. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

4,638 hours [18,546 respondents × 1 

response per respondent × 15 minutes 

per response = 4,638]. Note that 

estimates may not match exactly due to 

rounding. 

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. 2022–03781 Filed 2–22–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2021–0115] 

Pipeline Safety: Information Collection 

Activities, Gas and Liquid Pipeline 

Safety Program Performance Progress 

Report 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the information 

collection request abstracted below is 

being forwarded to the Office of 

Management and Budget (OMB) for 

review and comment. A Federal 

Register notice with a 60-day comment 

period soliciting comments on the 

information collection was published on 

December 15, 2021. 

DATES: Interested persons are invited to 

submit comments on or before March 

25, 2022. 

ADDRESSES: The public is invited to 

submit comments regarding this 

information collection request, 

including suggestions for reducing the 

burden, to the Office of Management 

and Budget, Attention: Desk Officer for 

the Office of the Secretary of 

Transportation, 725 17th Street NW, 

Washington, DC 20503. Comments can 

also be submitted electronically at 

www.reginfo.gov/public/do/PRAMain. 

FOR FURTHER INFORMATION CONTACT: 

Angela Hill by email at angela.dow@

dot.gov. 

SUPPLEMENTARY INFORMATION: Section 

1320.8(d), Title 5, Code of Federal 

Regulations, requires PHMSA to provide 

interested members of the public and 

affected agencies an opportunity to 

comment on information collection and 

recordkeeping requests. In accordance 

with this regulation, on December 15, 

2021, (86 FR 71317) PHMSA published 

a Federal Register notice with a 60-day 

comment period soliciting comments on 

the information collection. PHMSA 

received no comments in response to 

this information collection request. This 

notice identifies the information 

collection request that PHMSA will 

submit to the OMB for approval. 

The following information is provided 

below for the impacted information 

collection: (1) Title of the information 

collection; (2) OMB control number; (3) 

Current expiration date; (4) Type of 

request; (5) Abstract of the information 

collection activity; (6) Description of 

affected public; (7) Estimate of total 

annual reporting and recordkeeping 

burden; and (8) Frequency of collection. 

PHMSA will request a three-year term 

of approval for the following 

information collection: 

Title: Gas Pipeline Safety Program 

Performance Progress Report and 

Hazardous Liquid Pipeline Safety 

Program Performance Progress Report. 

OMB Control Number: 2137–0584. 

Current Expiration Date: 03/31/2022. 

Abstract: Section 60105 of 49 U.S.C. 

sets forth specific requirements a state 

must meet to qualify for certification 

status to assume regulatory and 

enforcement responsibility for intrastate 


khammond on DSKJM1Z7X2PROD with NOTICES