Designation of Agents, Motor Carriers, Brokers and Freight Forwarders

Forms and Documents

Document Name	Status
Form BOC-3 Designation of Agents, Motor Carriers, Brokers and Freight Forwarders Form and Instruction	Modified
49 U.S.C. 13304.doc Supplementary Document	2008-12-16
49 U.S.C. 13904.doc Supplementary Document	2008-12-16
49 U.S.C. 13903.doc Supplementary Document	2008-12-16
49 U.S.C. 13902.doc Supplementary Document	2008-12-16
PRA-2126-0015 SS NewEntrant.Final Rule.070808.ew.doc Supporting Statement A	2008-12-16
49 U.S.C. 13304.doc Supplementary Document	2008-12-12
49 CFR 366, Designation of Process Agent.doc Supplementary Document	2008-12-12

IC Document Collections

IC ID	Document Title	Status
26071	Designation of Agents, Motor Carriers, Brokers and Freight Forwarders Form and Instruction	Modified

ICR Details

OMB Control No: 2126-0015	ICR Reference No: 200812-2126-003
Status: Historical Active	Previous ICR Reference No: 200803-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders
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: 05/12/2009
	Date Received in OIRA: 01/30/2009
Terms of Clearance: Change in burden is due to agency discretion not due to statute.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2012	36 Months From Approved	06/30/2011
Responses	89,012	0	89,000
Time Burden (Hours)	14,835	0	14,833
Cost Burden (Dollars)	0	0	748

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Abstract: Motor carriers of property and passengers, property brokers, and surface freight forwarders operating in interstate or foreign commerce must register with the FMCSA. As a condition of registration, these entities must designate process agents for each State in which they operate on Form BOC-3. This revision is due to a final rule entitled, "New Entrant Safety Assurance Process," that would add the requirement for Non-North America-domicilied motor carriers to use the Form BOC-3 to notify the agency regarding their designation of process agents.

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Authorizing Statute(s): US Code: 49 USC 13304 Name of Law: Service of process in court proceedings
   US Code: 49 USC 13303 Name of Law: Service of notice in proceedings
  

Citations for New Statutory Requirements: PL: Pub.L. 106 - 159 210(a) Name of Law: Motor Carrier Safety Improvement Act of 1999

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AA59	Final or interim final rulemaking	73 FR 76472	12/16/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Designation of Agents, Motor Carriers, Brokers and Freight Forwarders	BOC-3	Designation of Agents for Service of Process

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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	89,012	89,000	0	12	0	0
Annual Time Burden (Hours)	14,835	14,833	0	2	0	0
Annual Cost Burden (Dollars)	0	748	0	-748	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: No

Burden Reduction Due to:

Short Statement: This program change increase in annual burden hours from 14,833 to 14,835 is due to FMCSA's implementation of a final rule entitled, "New Entrant Safety Assurance Process," that will require an estimated 12 non-North America-domiciled motor carriers to complete the Form BOC-3 each year.

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Annual Cost to Federal Government: $111,265

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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

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

Is this ICR related to the Pandemic Response? Uncollected

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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: 01/30/2009

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