Financial Responsibility, Trucking and Freight Forwarding

OMB Control No: 2126-0017	ICR Reference No: 201310-2126-002
Status: Historical Active	Previous ICR Reference No: 201307-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Financial Responsibility, Trucking and Freight Forwarding
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/19/2014
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/07/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	36 Months From Approved	02/28/2014
Responses	361,313	0	324,633
Time Burden (Hours)	60,418	0	54,304
Cost Burden (Dollars)	0	0	0

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Abstract: The forms above are used by for-hire motor carriers, freight forwarders and brokers to meet the statutory requirement to submit evidence of financial responsibility prior to their registration by the FMCSA as condition for continuation of their registration. This revision is due to a Final Rule entitled, " Unified Registration System," that would add the requirement for exempt for-hire motor carriers and private interstate motor carriers of hazardous materials (private interstate hazmat carriers)to file proof of liability insurance with FMCSA.

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Authorizing Statute(s): US Code: 49 USC 13901 Name of Law: Requirement for registration    US Code: 49 USC 13902 Name of Law: Registration of motor carriers    US Code: 49 USC 13903 Name of Law: Registration of freight forwarders    US Code: 49 USC 13904 Name of Law: Registration of brokers    US Code: 49 USC 13906 Name of Law: Security of motor carriers, motor private carriers, brokers, and freight forwarders

Citations for New Statutory Requirements: PL: Pub.L. 112 - 141 32918 Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP-21)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AA22	Final or interim final rulemaking	78 FR 52608	08/23/2013

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	70 FR 28990	05/19/2005
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 52608	08/23/2013
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 10

IC Title Form No. Form Name Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance BMC-91X Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 BMC-83 Household Goods Motor Carrier Cargo Liability Surety Bond Under U.S.C. 13906 Motor Carrier Cargo Liability Certificate of Insurance BMC-34 Household Goods Motor Carrier Cargo Liability Certificate of Insurance Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance BMC-91 Motor Carrier Automobile Bodily Injury and Property Damage Liaibility Certificate of Insurance Property Broker's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement BMC-85 Broker's or Freight Forwarder's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906 BMC-35 Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906 Motor Carrier Bobily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 BMC-82 Motor Carrier Bodily Injury Liability and Property Damage Surety Bond Under 49 U.S.C. 13906 Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 BMC-36 Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Application for Authority to Self-Insure Under 49 U.S.C. 13906 BMC-40 Application for Authority to Self-Insure Under 49 U.S.C. 13906 Property Broker's Surety Bond Under 49 U.S.C. 13906 BMC-84 Broker's or Freight Forwarder's Surety Bond Under 49 U.S.C. 13906

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	361,313	324,633	0	36,680	0	0
Annual Time Burden (Hours)	60,418	54,304	0	6,114	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This proposed revision would result in a program change increase of 6,114 average annual burden hours [60,418 proposed average annual burden - 54,304 currently approved annual burden hours = 6,114]. The change in burden hours has occurred to recognize the increase in the number of respondents filing Form BMC-91X that would result from the proposed requirement for private hazmat and exempt for-hire interstate carriers to have their insurers file information on their insurance coverage and the addition of freight forwarders to the BMC-84 and BMC-85 as required by MAP-21. However, respondents costs will decrease from $905,709 to $110. The previous ICR submission incorrectly classified labor costs as a cost to respondents. The costs were adjusted downward to reflect only the operating and maintenance (O&M) costs associated with the rule.

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Annual Cost to Federal Government: $17,696

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Gerald Folsom 202 385-2405 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 11/07/2013

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