Financial Responsibility, Trucking and Freight Forwarding

OMB Control No: 2126-0017	ICR Reference No: 202410-2126-001
Status: Received in OIRA	Previous ICR Reference No: 202208-2126-003
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: 05/05/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2025
Responses	290,345	290,345
Time Burden (Hours)	49,722	49,439
Cost Burden (Dollars)	1,445	1,445

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Abstract: FMCSA is seeking approval of revision of the ICR. This ICR has two collection periods. The first period covers the six months prior to the implementation of the Broker and Freight Forward Financial Responsibility Final Rule. There are no changes to the respondents, responses, burden hours or annual burden costs for this period. The second collection period covers the 2.5 years following the implementation of the Broker and Freight Forward Financial Responsibility Final Rule. This collection period has 200,147 respondents, 290,345 responses, 49,722 annual burden hours and a total annual burden cost of $1,725,372. This program change increase, to the existing ICR of 283 hours is due to updates made to three forms, BMC-36, BMC-84, and BMC-85 due to the implementation of the Broker and Freight Forwarder Financial Responsibility Final Rule. 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:
	90 FR 720	01/06/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 17990	04/30/2025
Did the Agency receive public comments on this ICR? Yes

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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	290,345	0	0	0	0
Annual Time Burden (Hours)	49,722	49,439	0	0	283	0
Annual Cost Burden (Dollars)	1,445	1,445	0	0	0	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 currently approved ICR has 200,147 respondents, 290,345 responses, 49,439 annual burden hours. The proposed revision of BMC-84 (IC-6), BMC-85 (IC-7) and BMC-36 (IC-9) slightly increases the annual burden hours to 49,722 hours, an increase of 283 hours. The corresponding cost increased from $1,514,300 to $1,725,372. This increase is due to a 2-minute increase in the amount of time it would take to complete the revised forms and the use of updated BLS wage data.

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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: Ana Alvarez 202 366-0401 [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: 05/05/2025

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