Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers

Forms and Documents

Document Name	Status
Form OP-2 Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Form and Instruction	Modified
PRA-2126-0019 SS Foreign Motor Carriers 06.10.21.docx Supporting Statement A	2021-07-09
30-day FR for 2126-0019.pdf Supplementary Document	2021-07-09
60-day FR for 2126-0019.pdf Supplementary Document	2021-06-07
49 U.S.C. 13902.doc Supplementary Document	2018-09-20
Executive Order 13166.English Proficiency.pdf Supplementary Document	2018-09-20
Pub.Law 104-88(ICCTA) (Dec291995.pdf Supplementary Document	2018-09-20
49 CFR 368.doc Supplementary Document	2018-09-20
26 U.S.C. 4481.doc Supplementary Document	2018-09-20

IC Document Collections

IC ID	Document Title	Status
26090	Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Form and Instruction	Modified

ICR Details

OMB Control No: 2126-0019	ICR Reference No: 202106-2126-001
Status: Received in OIRA	Previous ICR Reference No: 201809-2126-003
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/14/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	31	527
Time Burden (Hours)	47	2,108
Cost Burden (Dollars)	155	87,925

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Abstract: This ICR revision is for the mandatory reporting of foreign motor carriers to report information to FMCSA on an annual basis using the OP-2 form in order to operate in the United States. This collection of information is used by the FMCSA to register foreign motor carriers to operate across the Mexico- U.S. border into the United States in accordance with 49 U.S.C. 13902(c) and 49 CFR 368. Data contained on the Form OP-2 will provide the FMCSA with evidence to assess the foreign (Mexico-based) motor carrier’s safety program and its ability to comply with U.S. safety standards. It also provides information concerning changes in each carrier’s operating status to ensure actual compliance with safety requirements. This enables the Agency to maintain an accurate census of registered carriers and ensure safety. The revision is due primarily for two reasons: 1) the removal of new applicants using form OP-2; and 2) the reduction in hours to complete the form from 4 hours to 1.5 hours. New applicants now are required to use form MCSA-1, which is accessed through the online Unified Registration System (URS). Form MCSA-1 is covered by the currently approved ICR titled “Unified Registration System, FMCSA Registration/Updates” (OMB Control No. 2126-0051). Only existing entities that have already used form OP-2 in the past, may continue to submit form OP-2 for changes and/or updates. As FMCSA is only expected to receive changes and/or updates, FMCSA reduces the time to complete the form from 4 hours to 1.5 hours.

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Authorizing Statute(s): PL: Pub.L. 106 - 159 113 Stat. 1748 Name of Law: The Motor Carrier Safety Improvement Act of 1999
   PL: Pub.L. 104 - 88 109 Stat. 803 Name of Law: The ICC Termination Act of 1995
   US Code: 49 USC 13902(c) Name of Law: Registration of motor carriers
  

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:
	86 FR 9423	02/12/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 36317	07/09/2021
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
Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers	OP-2	Application for Mexican Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers Under 49 U.S.C. 13902

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ICR Summary of Burden

	Total Request	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	31	527	0	-496	0	0
Annual Time Burden (Hours)	47	2,108	0	-2,061	0	0
Annual Cost Burden (Dollars)	155	87,925	0	-87,770	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: Yes

Burden Reduction Due to: Changing Forms

Short Statement: The respondent burden hours decreased by 2,061 (47 hours proposed – 2,108 hours currently approved = –2,061 hours). The change is due primarily for two reasons: 1) the removal of new applicants using form OP-2; and 2) the reduction in hours to complete the form from 4 hours to 1.5 hours. New applicants now are required to use form MCSA-1, which is accessed through the online Unified Registration System (URS). Form MCSA-1 is covered by the currently approved ICR titled “Unified Registration System, FMCSA Registration/Updates” (OMB Control No. 2126-0051). Only existing entities that have already used form OP-2 in the past, may continue to submit form OP-2 for changes and/or updates. As FMCSA is only expected to receive changes and/or updates, FMCSA reduces the time to complete the form from 4 hours to 1.5 hours. Annualized, the agency estimates that 31 respondents will incur a non-labor total cost of $155 ($0 in filing fees + $155 in mailing costs = $155), compared to 527 respondents, in the previous ICR submission, which incurred a total non-labor cost of $144,235 ($144,000 in filing fees + $235 in mailing costs). . The labor costs of $87,925 should not have been reported in the table above. If $144,235 was reported in the table above then a difference of $144,080 in annual burden costs ($144,235 - $155) would be shown in the table. A decrease of $87,770 is not a true value. There is a decrease of $85,884 in estimated labor-related burden costs to respondents ($87,925 currently approved − $2,041 proposed = $85,884). This is largely due to new forms not being collected as part of this ICR.

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Annual Cost to Federal Government: $207

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? No

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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: 07/14/2021

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