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	Unchanged
Form BMC-32 Endorsement of Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 USC13906 Form and Instruction	New
Form BMC-40 Application for Authority to Self-Insure Under 49 U.S.C. 13906 Form and Instruction	Unchanged
Form BMC-36 Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Form	Unchanged
Form BMC-35 Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906 Form	Unchanged
Form BMC-85 Property Broker's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement Form	Unchanged
Form BMC-84 Property Broker's Surety Bond Under 49 U.S.C. 13906 Form	Unchanged
Form BMC-83 Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 Form	Unchanged
Form BMC-82 Motor Carrier Bobily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 Form	Unchanged
Form BMC-34 Motor Carrier Cargo Liability Certificate of Insurance Form	Unchanged
Form BMC-91X Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Form	Unchanged
PRA-2126-0017.SS.INCLUDE.BMC32 Final.docx Supporting Statement A	2018-12-03
Attachment H - 30-day FR.pdf Supplementary Document	2018-09-20
Attachment G - 60-day FR.pdf Supplementary Document	2018-09-20
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	Unchanged
233093	Endorsement of Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 USC13906 Form and Instruction	New
188066	Application for Authority to Self-Insure Under 49 U.S.C. 13906 Form and Instruction	Unchanged
188065	Notice of Cancellation Motor Carrier and Broker's Surety Bonds Under 49 U.S.C. 13906 Form	Unchanged
188064	Notice of Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906 Form	Unchanged
188063	Property Broker's Trust Fund Agreement Under 49 U.S.C. 13906 or Notice of Cancellation of the Agreement Form	Unchanged
188049	Property Broker's Surety Bond Under 49 U.S.C. 13906 Form	Unchanged
188047	Motor Carrier Cargo Liability Surety Bond Under 49 U.S.C. 13906 Form	Unchanged
188046	Motor Carrier Bobily Injury Liability and Property Damage Liability Surety Bond Under 49 U.S.C. 13906 Form	Unchanged
188045	Motor Carrier Cargo Liability Certificate of Insurance Form	Unchanged
188044	Motor Carrier Automobile Bodily Injury and Property Damage Liability Certificate of Insurance Form	Unchanged

ICR Details

OMB Control No: 2126-0017	ICR Reference No: 201809-2126-002
Status: Active	Previous ICR Reference No: 201703-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Financial Responsibility, Trucking and Freight Forwarding
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: 02/26/2019
	Date Received in OIRA: 12/07/2018
Terms of Clearance: The agency properly accounted that the use of form BMC-32 was a violation of the Paperwork Reduction Act until this addition.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2022	36 Months From Approved	05/31/2020
Responses	374,412	0	369,639
Time Burden (Hours)	62,483	0	61,687
Cost Burden (Dollars)	4,773	0	0

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Abstract: FMCSA is seeking approval of revision of the ICR, now approved by OMB until May 31, 2020, in order to add the BMC-32 form, entitled, “Endorsement for Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 U.S.C. 13906,” for its use along with the approved use of the BMC-34, BMC-35, BMC-36, BMC-40, BMC-82, BMC-83, BMC-84, BMC-85, BMC-91, and BMC-91X forms. The mandatory forms are used annually for reporting purposes, 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 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. 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. 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. Endorsement Form BMC-32 sets forth the minimum limits of liability or cargo insurance coverage that an FMCSA-regulated motor carrier or freight forwarder is required to maintain. Attachment of the endorsement to the insurance policy establishes continuing compliance with statutory and regulatory requirements.

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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:
	83 FR 22740	05/16/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 46776	09/14/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
Endorsement of Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 USC13906	BMC-32	Endorsement for Household Goods Motor Carrier Policies of Insurance for Cargo Liability Under 49 U.S.C. 13906
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
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
Motor Carrier Cargo Liability Certificate of Insurance	BMC-34	Household Goods Motor Carrier Cargo Liability Certificate of Insurance

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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	374,412	369,639	0	0	0	4,773
Annual Time Burden (Hours)	62,483	61,687	0	0	0	796
Annual Cost Burden (Dollars)	4,773	0	0	0	0	4,773

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The BMC-32 form is being added to the ICR therefore there is an expected increase of 4,773 respondents, 796 burden hours, and $4773 in annual burden costs as a result of adding this form to the already approved ICR. There are no costs associated with electronic filings for the forms currently approved for this ICR.

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

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 12/07/2018

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