Financial Responsibility, Trucking and Freight Forwarding

Forms and Documents

Document Name	Status
Form BMC-91 Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Form	Modified
Form BMC-40 Application for Authority to Self-Insure Under 49 U.S.C. 13906 Form and Instruction	Modified
Form BMC-36 Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Form	Modified
Form BMC-35 Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906 Form	Modified
Form BMC-85 Property Broker's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement Form	Modified
Form BMC-84 Property Broker's Surety Bond Under 49 U.S.C. 13906 Form	Modified
Form BMC-83 Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 Form	Modified
Form BMC-82 Motor Carrier Bobily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 Form	Modified
Form BMC-34 Motor Carrier Cargo Liability Certificate of Insurance Form	Modified
Form BMC-91X Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Form	Modified
PRA-2126-0017.SS.30day Reinstatement 03.31.17.docx Supporting Statement A	2017-03-31
PRA 2126-0017 30-day Reinstatement FR.pdf Supplementary Document	2017-03-24
Attachment I - PRA-2126-0017 60-day FR Notice 12_30_2016.pdf Supplementary Document	2017-03-23
Attachment G - Section 32918 MAP 21.pdf Supplementary Document	2017-03-23
Attachment F - 49 CFR Part 387.pdf Supplementary Document	2017-03-23
Attachment E - 49 U.S.C. 13906.pdf Supplementary Document	2017-03-23
Attachment C - 49 U.S.C. 13904.pdf Supplementary Document	2017-03-23
Attachment B - 49 U.S.C. 13903.pdf Supplementary Document	2017-03-23
Attachment A - 49 U.S.C. 13902.pdf Supplementary Document	2017-03-23
Attachment D - 49 U.S.C. 13901.pdf Supplementary Document	2017-03-23

IC Document Collections

IC ID	Document Title	Status
26082	Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Form	Modified
188066	Application for Authority to Self-Insure Under 49 U.S.C. 13906 Form and Instruction	Modified
188065	Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Form	Modified
188064	Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906 Form	Modified
188063	Property Broker's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement Form	Modified
188049	Property Broker's Surety Bond Under 49 U.S.C. 13906 Form	Modified
188047	Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 Form	Modified
188046	Motor Carrier Bobily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 Form	Modified
188045	Motor Carrier Cargo Liability Certificate of Insurance Form	Modified
188044	Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Form	Modified

ICR Details

OMB Control No: 2126-0017	ICR Reference No: 201703-2126-002
Status: Historical Active	Previous ICR Reference No: 201506-2126-006
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Financial Responsibility, Trucking and Freight Forwarding
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/19/2017
	Date Received in OIRA: 04/04/2017
Terms of Clearance: OMB notes that this collection expired on February 28th, 2017. Any use of this collection from that date until the date of this approval was in violation of the Paperwork Reduction Act.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2020	36 Months From Approved
Responses	369,639	0	0
Time Burden (Hours)	61,687	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR requires reinstatement because the previous ICR expired on February 28, 2017, before the ICR renewal request could be submitted to OMB for approval. The forms above are used 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 reinstatement of 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. Reinstatement of 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. With reinstatement of the ICR, 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 13903 Name of Law: Registration of freight forwarders
   US Code: 49 USC 13904 Name of Law: Registration of brokers
   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:
	81 FR 251	12/30/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 15099	03/24/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
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
Motor Carrier Cargo Liability Certificate of Insurance	BMC-34	Household Goods Motor Carrier Cargo Liability Certificate of Insurance
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
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
Motor Carrier Bobily 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
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
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
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
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
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

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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	369,639	0	0	5,136	3,190	361,313
Annual Time Burden (Hours)	61,687	0	0	856	413	60,418
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There was a change in requirements, as well as, a change in the number of estimated responses. The BMC-84 and BMC-85 forms showed an increase in the number of responses, and burden hours due to the MAP-21 extension of the broker financial security requirement to freight forwarders. The BMC-91X form showed a decrease in the number of burden hours due to the suspension of the URS Rule, which would have required exempt for hire and private hazmat interstate carriers to have their insurance companies file their insurance information with FMCSA. The increased number of responses for the BMC-91X due to the expected implementation of the URS Rule was not accounted for causing a decrease in the number of responses for the BMC-91X form. The change in burden hours for the remaining forms, the BMC-91, BMC-34, BMC-82, BMC-83, BMC-35, BMC-36, and BMC-40, were a result of applying updated data on the number of filers, hence the change in the number of responses.

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Annual Cost to Federal Government: $19,500,000

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]? 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? 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: 04/04/2017

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