Property Broker Recordkeeping Requirements

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Draft Broker Transparency ICR Supporting Statement docketed clean 11.21.24.pdf	Supporting Statement A	Uploaded 2024-11-27	Repair queued
AC63 broker transparency NPRM 112024.pdf	Supplementary Document	Uploaded 2024-11-27	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
272715	IC-2 Disclosure of Records to Parties Involved in a Brokered Transaction		New
272714	IC-1 Broker Transaction Recordkeeping		New

ICR Details

OMB Control No:	ICR Reference No: 202408-2126-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Property Broker Recordkeeping Requirements
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/03/2024

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	20,004,833	0
Time Burden (Hours)	670,000	0
Cost Burden (Dollars)	0	0

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Abstract: FMCSA submits this new ICR titled Property Broker Recordkeeping Requirements to the Office of Management and Budget (OMB) for approval. The Agency has proposed amendments to its broker recordkeeping regulations in the NPRM titled Transparency in Property Broker Transactions and this ICR covers the regulations proposed in the NPRM. In developing this rule, the Agency identified that the existing broker recordkeeping regulations were implemented prior to the passage of the Paperwork Reduction Act (PRA) and, in the years since, no ICR has been submitted to cover recordkeeping requirements by brokers of non-household goods property, i.e., general freight. An existing ICR, OMB Control Number 2126-0048, due to expire on July 31, 2027, covers only a subset of property brokers, those engaged in brokerage of household goods. This ICR consists of two information collections. The first, IC-1, covers the requirement that brokers keep records of their transactions, including certain specific details, and the requirement that brokers keep those records for a period of three years. These requirements are stated in 49 CFR 371.3(a) and (b), and the NPRM proposes amending both of these paragraphs to modernize and streamline the requirements. The second, IC-2, covers the requirement that brokers provide records on request to the other parties in the brokered transaction, typically the motor carrier and the shipper. This requirement is stated in 49 CFR 371.3(c), and the NPRM also proposes amending that paragraph.

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Authorizing Statute(s): PL: Pub.L. 112 - 141 1000 Name of Law: Moving Ahead for Progress in the 21st Century Act
  

Citations for New Statutory Requirements: US Code: 49 USC 14122 Name of Law: Records: form; inspection; preservation

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC63	Proposed rulemaking	89 FR 91648	11/20/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
IC-1 Broker Transaction Recordkeeping
IC-2 Disclosure of Records to Parties Involved in a Brokered Transaction

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ICR Summary of Burden

table that charts list 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	20,004,833	0	20,004,833	0	0	0
Annual Time Burden (Hours)	670,000	0	670,000	0	0	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: This is a new information collection request.

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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? 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: 12/03/2024

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