720 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based on its evaluation of the 19 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), each exemption will be 

valid for 2 years unless revoked earlier 

by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–31759 Filed 1–3–25; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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; ana.alvarez@dot.gov. 

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 81⁄2 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-systemrecords-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 forhire 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 


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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 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 (§ 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 

§ 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 


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