60-day Federal Register notice

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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0289]

Agency Information Collection
Activities; Revision of an Approved
Information Collection: Designation of
Agents, Motor Carriers, Brokers and
Freight Forwarders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval and invites public
comment. The FMCSA requests
approval to revise an ICR entitled,
‘‘Designation of Agents, Motor Carriers,
Brokers and Freight Forwarders,’’ which
is used to provide registered motor
carriers, property brokers, and freight
forwarders a means of meeting process
agent requirements.
DATES: We must receive your comments
on or before January 30, 2012.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2011–0289 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140, 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m. e.t., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
below. Note that all comments received
will be posted without change to
http://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or

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comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://
edocket.access.gpo.gov/2008/pdfE8–
794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Ms.
Tura Gatling, Customer Support Team
Leader, Commercial Enforcement
Division, Department of Transportation,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Telephone Number: (202) 385–
2412; Email Address:
[email protected]. Office hours are
from 8 a.m. to 5 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation (Secretary) is authorized
to register forhire motor carriers of
regulated commodities under the
provisions of 49 U.S.C. 13902; freight
forwarders under the provisions of 49
U.S.C. 13903; and property brokers
under provisions of 49 U.S.C. 13904.
These persons may conduct
transportation services only if they are
registered pursuant to 49 U.S.C. 13901.
The Secretary has delegated authority
pertaining to these registration
requirements to the FMCSA pursuant to
49 CFR 1.73(a)(5).
Registered motor carriers (including
private carriers), brokers and freight
forwarders must designate an agent on
whom service of notices in proceedings
before the Secretary may be made (49

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U.S.C. 13303). Registered motor carriers
must also designate an agent for every
State in which they operate and traverse
in the United States during such
operations, agents on whom process
issued by a court may be served in
actions brought against the registered
transportation entity (49 U.S.C. 13304,
49 CFR 366.4). Every broker shall make
a designation for each State in which its
offices are located or in which contracts
are written (49 U.S.C. 13304, 49 CFR
366.4). Regulations governing the
designation of process agents are found
at 49 CFR part 366. This designation is
filed with the FMCSA on Form BOC–3,
‘‘Designation of Agents for Service of
Process.’’
Title: Designation of Agents, Motor
Carriers, Brokers and Freight
Forwarders.
OMB Control Number: 2126–0015.
Type of Request: Revision of a
currently approved collection.
Respondents: Motor carriers, freight
forwarders and brokers.
Estimated Number of Respondents:
35,000.
Estimated Time per Response: 10
minutes.
Expiration Date: May 31, 2012.
Frequency of Response: Form BOC–3
must be filed by all for-hire motor
carriers, freight forwarders and brokers
when the transportation entity first
registers with the FMCSA. All brokers
shall make a designation for each State
in which it has an office or in which
contracts are written. Subsequent filings
are made only if the motor carrier,
broker or freight forwarder changes
process agents.
Estimated Total Annual Burden:
5,833 hours [35,000 Form BOC–3 filings
per year x 10 minutes/60 minutes to
complete form = 5,833 hours].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: November 18, 2011.
Kelly Leone,
Associate Administrator for Research and
Information Technology.
[FR Doc. 2011–30741 Filed 11–28–11; 8:45 am]
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