Licensing Applications for Motor Carrier Operating Authority

OMB Control No: 2126-0016	ICR Reference No: 202011-2126-001
Status: Received in OIRA	Previous ICR Reference No: 201912-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Licensing Applications for Motor Carrier Operating Authority
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/05/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2021
Responses	81,209	73,538
Time Burden (Hours)	162,476	147,124
Cost Burden (Dollars)	0	7,646,034

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Abstract: FMCSA registers for-hire motor carriers of regulated commodities and of passengers, surface freight forwarders, property brokers, and certain Mexico-domiciled motor carriers, as mandatory reporting. These motor carriers may conduct transportation services in the United States only if they are registered with FMCSA. FMCSA is still accepting forms OP-1, OP-1(P), OP-1(FF), and OP-1(NNA) for existing registrants wishing to apply for additional authorities. FMCSA requires Form OP-1(MX) for Mexico-domiciled carriers that wish to operate beyond the U.S. municipalities on the U.S.-Mexico border and their commercial zones. Information collected through these forms, as an ICR extension, aids FMCSA in determining the type of operation a company may run, the cargo it may carry, and the resulting level of insurance coverage the applicant will be required to obtain and maintain to continue its operating authority. The OP-1 series requests information on the applicant’s familiarity with relevant safety requirements, the applicant’s willingness to comply with those requirements during its operations, and the applicant’s willingness to meet any specific statutory and regulatory requirements applicable to its proposed operations. FMCSA also uses information from these forms to prepare (for each applicant) a public notice of the registration application, which is published in the “FMCSA Register.” Publication of this notice initiates a 10-day period during which an interested party may file a complaint seeking denial of the registration on a limited number of statutory grounds. Effective December 12, 2015, OP-1 series forms, with the exception of OP-1(MX), can only be used to apply for additional authorities, not for initial registration with FMCSA. These forms request information to identify the applicant, the nature and scope of its proposed operations, a narrative description of the applicant’s safety policies and procedures, and information regarding the drivers and vehicles it plans to use in U.S. operations. There is no requirement for the OP-1, OP-1(P), OP-1(FF), and OP-1(NNA) forms be filed on a periodic basis. The forms are filed on an “as needed” basis. Since the rollout of URS Phase I, the sole purpose of these forms is to allow existing registrants to apply for additional authorities. A new OP-1(MX) application form is currently required only if a Mexico-domiciled carrier wishes to extend the scope of its authority or is applying for new authority.

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Authorizing Statute(s): US Code: 49 USC 13902 Name of Law: Registration of motor carriers    PL: Pub.L. 104 - 88 109 Stat. 803 Name of Law: ICC Termination Act of 1995    US Code: 49 USC 13903 Name of Law: Registration of freight forwarders    US Code: 49 USC 13904 Name of Law: Registration of brokers    PL: Pub.L. 112 - 114 126 Stat. 405 Name of Law: MAP-21

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 53434	08/28/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 86641	12/30/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title Form No. Form Name IC5: OP-1(NNA) OP-1(NNA) Application for U.S. Department of Transportation (USDOT) Registration by Non-North America-Domiciled Motor Carriers IC1: OP-1 OP-1 Application for Motor Property Carrier and Broker Authority IC2: OP-1(P) OP-1(P) Application for Motor Passenger Carrier Authority IC3: OP-1(FF) OP-1(FF) Application for Freight Forwarder Authority IC4: OP-1(MX) OP-1(MX) Application to Register Mexican Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities and Commercial Zoneson the U.S.-Mexico Border

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ICR Summary of Burden

	Total Request	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	81,209	73,538	0	0	7,671	0
Annual Time Burden (Hours)	162,476	147,124	0	0	15,352	0
Annual Cost Burden (Dollars)	0	7,646,034	0	0	-7,646,034	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The previously approved version of this ICR estimated the average annual burden to be 147,124 annual burden hours, with 73,538 total annual respondents. For this ICR extension, the estimated average annual burden is an increase to 162,476 with total average annual 81,209 respondents. The annual burden hourly increase of 15,352 is due to the increase in average annual respondents. This increase is in line with a growing U.S. economy and U.S. population for calendar years 2017, 2018 and 2019, which were used to build the estimates for 2021, 2022, and 2023. The previously approved annual burden labor cost of $7,646,034 was inadvertently previously reported in the table above, however the requested annual burden labor cost of $6,638,770 is presented in the supporting statement and not reported in the table.

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Annual Cost to Federal Government: $22,171,925

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

Agency Contact: Jeff Secrist 202 385-2367 [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: 01/05/2021

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