Designation of Agents, Motor Carriers, Brokers and Freight Forwarders

Forms and Documents

Document Name	Status
Form BOC-3 Designation of Agents, Motor Carriers, Brokers and Freight Forwarders Form and Instruction	Modified
30-Day FR for 2126-0015.pdf Supplementary Document	2019-11-15
PRA-2126-0015.30 day SS Designation of Agents 10222019 wmb.docx Supporting Statement A	2019-11-15
60-Day FR for 2126-0015.pdf Supplementary Document	2019-11-14
49 U.S.C. 13303.pdf Supplementary Document	2016-10-19
49 U.S.C. 503.html Supplementary Document	2016-10-19
BOC-3 Form.pdf Supplementary Document	2016-10-19
SAFETEA-LU.Pub Law 109-59.Aug 10,2005.pdf Supplementary Document	2016-10-19
49 USC 13908.pdf Supplementary Document	2016-10-19
49 CFR 366.doc Supplementary Document	2016-10-19
49 U.S.C. 13304.doc Supplementary Document	2016-10-19

IC Document Collections

IC ID	Document Title	Status
26071	Designation of Agents, Motor Carriers, Brokers and Freight Forwarders Form and Instruction	Modified

ICR Details

OMB Control No: 2126-0015	ICR Reference No: 201911-2126-003
Status: Active	Previous ICR Reference No: 201610-2126-003
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/02/2020
	Date Received in OIRA: 11/19/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	01/31/2020
Responses	39,047	0	110,371
Time Burden (Hours)	6,508	0	18,395
Cost Burden (Dollars)	0	0	0

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Abstract: Motor carriers of property and passengers, property brokers, surface freight forwarders, including exempt for hire and private motor carriers, operating in interstate or foreign commerce must register with the FMCSA. The collection is mandatory reporting. As a condition of registration, these entities must designate process agents for each State in which they operate on the “Designation of Agents for Service of Process” form, Form BOC-3. The form is submitted by registration applicants to FMCSA to meet a statutory requirement and is filed on an “as-needed” basis and cannot be done less frequently. Most forms are filed by blanket companies on behalf of carriers. Currently, information contained on the completed Form BOC-3 identifies a process agent for each State in which the motor carrier, freight forwarder, or broker will operate. These process agents are authorized by the transportation entity to accept, on its behalf, legal process or notice in Agency and court proceedings. Persons considering bringing legal actions against a carrier, broker, or freight forwarder may obtain the name of its process agent in a particular State by contacting FMCSA.

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Authorizing Statute(s): US Code: 49 USC 13304 Name of Law: Service of process in court proceedings
   US Code: 49 USC 13303 Name of Law: Service of notice in proceedings
  

Citations for New Statutory Requirements: PL: Pub.L. 106 - 159 210(a) Name of Law: Motor Carrier Safety Improvement Act of 1999

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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:
	84 FR 36653	07/29/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 62564	11/15/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Designation of Agents, Motor Carriers, Brokers and Freight Forwarders	BOC-3	Designation of Agents for Service of Process

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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	39,047	110,371	0	0	-71,324	0
Annual Time Burden (Hours)	6,508	18,395	0	0	-11,887	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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 program adjustment decrease in annual burden hours from 18,395 to 6,508 is due to a revised estimate of the number of respondents and responses. Previous estimates were based on 2014 data. Current estimates are based on May 2019 MCMIS and Safety Management System snapshots.

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Annual Cost to Federal Government: $0

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: 11/19/2019

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