Justification for NoMaterial/Nojnsubstantive Change

Justification for Nonmaterial/Nonsubstantive Change for

OMB Control Number 2126-0016 ICR

Licensing Applications for Motor Carrier Operating Authority

This Justification for a Nonmaterial/Nonsubstantive Change is to request the Office of Management and Budget’s (OMB) approval of nonsubstantive changes to “Licensing Applications for Motor Carrier Operating Authority” information collection (IC), OMB control number 2126-0016. This ICR currently combines all of the information collection requirements for all application forms in the OP-1 series that are used by the for-hire motor property carriers and brokers to apply for registration authority of general freight and household goods (OP-1); passenger carriers (OP-1(P)); freight forwarders (OP-1(FF)); Mexico-domiciled motor property carriers, including Mexico-domiciled motor carriers of household goods and passengers, registering to operate beyond municipalities and commercial zones along the U.S.-Mexico international border to points within the U.S. (OP-1(MX)); and non-North American-domiciled motor property and passenger carriers (OP-1(NNA)). The FMCSA proposes to make a nonmaterial/nonsubstantive change to the text and instructions for section V “Compliance Certification” of the form OP-1(P) (Attachment A) to include specific mention of the U.S. Department of Transportation’s Americans with Disabilities Act regulations. The information collected in this section, a “YES” or “NO” certification from respondents indicating their fitness and willingness “to comply with all pertinent statutory and regulatory requirements,” remains unchanged. This nonmaterial/nonsubstantive change is being requested in accordance with 49 U.S.C. 13902, “Registration of motor carriers.”

Purpose of this ICR: Data contained on the completed Forms OP-1, OP-1(P), OP-1(FF) OP-1(MX) and OP-1(NNA) provide information to FMCSA on the type of surface transportation operations which the registration applicant proposes to conduct. The forms also enable FMCSA staff to make a determination concerning the level of insurance coverage which the applicant will be required to obtain to maintain its registration, the applicant’s familiarity with relevant safety requirements and its willingness to comply with those requirements in its operations, and the applicant’s ability to meet specific statutory and regulatory requirements applicable to its particular proposed operations.

Information on the forms is also used to prepare a notice of the registration application, which is published in the “FMCSA Register.” Publication of the 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.

At the end of the 10-day period, the FMCSA will issue the registration authorizing surface transportation operations if no complaints have been filed; if the applicant is willing and able to comply with all applicable statutory and regulatory provisions and safety fitness requirements; and if the applicant has made the required insurance and process agent filings.

Estimate of annual burden hours for information requested: No change. The current total annual burden of the information collection associated with the “OP-1" series forms (OP-1, OP-1(FF), OP-1(P), OP-1(MX), and OP-1(NNA)) is 55,143 hours and there are currently 21,249 responses for this information collection. The Agency estimates that the change to the Form OP-1(P) would result in no change in the number of respondents to this form, and would have no impact on the currently approved 2 hours estimate for the average number of hours respondents spend completing the form.

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