Justification for Nonmaterial/Nonsubstantive

Justification for Nonmaterial/Nonsubstantive Change for

OMB Control Number 2126-0017 ICR

Financial Responsibility - Motor Carriers, Freight Forwarders and Brokers

This Justification for a Nonmaterial/Nonsubstantive Change is to request the Office of Management and Budget’s (OMB) approval for nonsubstantive changes to the Federal Motor Carrier Safety Administration’s (FMCSA) “Financial Responsibility - Motor Carriers, Freight Forwarders and Brokers” information collection (IC), OMB control number 2126-0017. This IC currently contains all information collection requirements for motor carriers (both for-hire exempt and non-exempt; and private carriers of hazardous materials), including brokers and freight forwarders, that are subject to the financial responsibility requirements (see 49 U.S.C. 13906 and 49 CFR part 387) to use certain forms to file proof of liability insurance with FMCSA. Certificates of insurance (Forms BMC-91, BMC-91X and BMC-34); surety bonds (Forms BMC-82, BMC-83 and BMC-84); and trust fund agreements (Form BMC-85) satisfy this statutory requirement. The endorsements (Forms BMC-90, BMC-90B and BMC-32) attached to insured motor carriers’ or freight forwarders’ policies of insurance establish continuing compliance with the statutory requirement to retain liability insurance, which terminates only when a policy is canceled. Notices of cancellation (Forms BMC-35 and BMC-36) notify FMCSA when regulated motor carriers and freight forwarders have canceled their required bodily injury and property damage (BI & PD) liability and/or cargo liability coverage. In all instances, notices of cancellation (Forms BMC-36 and BMC-85) notify FMCSA when property brokers have canceled their surety bonds or trust fund agreements.

As part of the rollout of the Unified Registration System (URS) planned for October 23, 2015 (see FMCSA’s final rule titled, “Unified Registration System” (at 78 Fed. Reg. 52608; Aug. 23, 2013)), the Agency will discontinue the issuance of docket numbers (e.g., MC#s and FF#s) to regulated entities needing operating authority registration. Once the URS final rule is implemented, FMCSA will use USDOT numbers as the registration sole identifier for all FMCSA-regulated entities. Therefore, the FMCSA is requesting an expedited review and approval of this ICR to update the attached forms that are included as administrative filings in the Agency’s registration process. The requested update would: (1) replace certain data fields on these forms that now require a docket number (MC# or FF#) with a USDOT number field and the date it was received; (2) remove references to an FMCSA filer account number and when a check payment was received because this information is no longer needed; (3) delete outdate references that refer to the Office of Enforcement and Compliance (MC-ECC, W63-105); and (4) add a citation to inform FMCSA-regulated entities where to file registration-related forms. FMCSA plans to include the following line on each form:

“Filings must be transmitted online via the Internet at http://www.fmcsa.dot.gov/urs.”

These changes do not affect the data collection burden for these forms.