Financial Responsibility, Trucking and Freight Forwarding

OMB Control No: 2126-0017	ICR Reference No: 202112-2126-002
Status: Received in OIRA	Previous ICR Reference No: 201809-2126-002
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	Date Submitted to OIRA: 02/23/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2022
Responses	290,345	374,412
Time Burden (Hours)	49,439	62,483
Cost Burden (Dollars)	1,445	4,773

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Abstract: FMCSA is seeking approval of revision of the ICR. This revision updates the estimate of the affected population and revises the loaded labor rate to be consistent with other ICRs, resulting in decreases in the numbers of respondents, responses, burden hours, burden costs. This ICR consists of 11 forms/ICs: IC-1, form BMC-91, IC-2: BMC-91X, IC-3: BMC-34, IC-4: BMC-82, IC-5: BMC-83, IC-6: BMC-84, IC-7: BMC-85, IC-8: BMC-35, IC-9: BMC-36, IC-10: BMC-IC-11: BMC-32. These mandatory forms are used annually for reporting purposes, 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. The ICR allows the FMCSA to ensure the public is protected and will be compensated for claims involving bodily injury and property damage, or loss or damage to household goods, respectively, within the limits prescribed by FMCSA. The ICR enforces the filing of surety bonds or trust fund agreements to help ensure that motor carriers and shippers are protected against non-performance of the broker’s or freight forwarder’s legal obligations. Insurance companies can be held liable for any damages that may occur to the public (up to the limits of the policy), and to supersede any exclusions or limitations which may be contained in the insured motor carrier’s or freight forwarder’s policy. Additionally, FMCSA can make a determination regarding whether an entity qualifies for the grant of self-insurance authority.

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

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:
	86 FR 54283	09/30/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 10276	02/23/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title Form No. Form Name IC-10: 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 IC-11: Endorsement of Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 USC13906 BMC-32 Endorsement for Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 U.S.C. 13906 IC-1: Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance BMC-91 Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance IC-2: 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 IC-3: Motor Carrier Cargo Liability Certificate of Insurance BMC-34 Household Goods Motor Carrier Cargo Liability Certificate of Insurance IC-4: Motor Carrier Bodily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 BMC-82 Motor Carrier Bodily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 IC-5: Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 BMC-83 Household Goods Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 IC-6: 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 IC-7: 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 IC-8: 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 IC-9: Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 BMC-36 Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Notice of Cancellation

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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	290,345	374,412	0	0	-84,067	0
Annual Time Burden (Hours)	49,439	62,483	0	0	-13,044	0
Annual Cost Burden (Dollars)	1,445	4,773	0	0	-3,328	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: There is a 84,068 decrease in the number of responses and a 13,044 decrease in annual burden hours. This program change is due to a revised estimate of the affected population and revising the loaded labor rate methodology to be consistent with other ICRs. The estimated revised annual cost to respondents is $1,445 for 1,445 respondents filing the BMC 32 form as opposed to 4,773 in the previous ICR submittal.

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Annual Cost to Federal Government: $21,530,000

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.     No

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: 02/23/2022

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