Financial Responsibility,
Trucking and Freight Forwarding
Revision of a currently approved collection
No
Regular
05/05/2025
Requested
Previously Approved
36 Months From Approved
06/30/2025
290,345
290,345
49,722
49,439
1,445
1,445
FMCSA is seeking approval of revision
of the ICR. This ICR has two collection periods. The first period
covers the six months prior to the implementation of the Broker and
Freight Forward Financial Responsibility Final Rule. There are no
changes to the respondents, responses, burden hours or annual
burden costs for this period. The second collection period covers
the 2.5 years following the implementation of the Broker and
Freight Forward Financial Responsibility Final Rule. This
collection period has 200,147 respondents, 290,345 responses,
49,722 annual burden hours and a total annual burden cost of
$1,725,372. This program change increase, to the existing ICR of
283 hours is due to updates made to three forms, BMC-36, BMC-84,
and BMC-85 due to the implementation of the Broker and Freight
Forwarder Financial Responsibility Final Rule. This ICR consists of
11 forms/ICs: IC-1, form BMC-91, IC-2: BMC-91X, IC-3: BMC-34, IC-4:
BMC-82, IC-5: BMC-83, IC-6: BMC-84, IC-7: BMC-85, IC-8: BMC-35,
IC-9: BMC-36, IC-10: BMC-IC-11: BMC-32. These 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.
US Code:
49
USC 13904 Name of Law: Registration of brokers
US Code: 49
USC 13903 Name of Law: Registration of freight forwarders
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
The currently approved ICR has
200,147 respondents, 290,345 responses, 49,439 annual burden hours.
The proposed revision of BMC-84 (IC-6), BMC-85 (IC-7) and BMC-36
(IC-9) slightly increases the annual burden hours to 49,722 hours,
an increase of 283 hours. The corresponding cost increased from
$1,514,300 to $1,725,372. This increase is due to a 2-minute
increase in the amount of time it would take to complete the
revised forms and the use of updated BLS wage data.
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:
(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;
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.