60-Day FR for 2126-0017

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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices

VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based on its evaluation of the 19
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–31759 Filed 1–3–25; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2024–0165]

Agency Information Collection
Activities; Revision of an Approved
Information Collection: Financial
Responsibility Motor Carriers, Freight
Forwarders, and Brokers
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. FMCSA requests approval to
renew an ICR titled, ‘‘Financial
Responsibility Motor Carriers, Freight
Forwarders, and Brokers.’’ The purpose
of this ICR is to provide registered motor
carriers, property brokers, and freight
forwarders a means of meeting financial
responsibility filing requirements. This
ICR sets forth the financial
responsibility documentation
requirements for motor carriers, freight
forwarders, and brokers as a result of
Agency jurisdictional statutes.
DATES: Comments on this notice must be
received on or before March 7, 2025.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2024–0165 using any of the following
methods:

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SUMMARY:

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• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Washington, DC 20590–0001
between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
To be sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ana
Alvarez, Financial Analyst, Office of
Registration, Financial Responsibility
Filings Division, DOT, FMCSA, 1200
New Jersey Avenue SE, West Building,
6th Floor, Washington, DC 20590–0001;
(202) 366–0401; [email protected].
SUPPLEMENTARY INFORMATION:
Instructions
All submissions must include the
Agency name and docket number. For
detailed instructions on submitting
comments, see the Public Participation
heading below. Note that all comments
received will be posted without change
to https://www.regulations.gov,
including any personal information
provided. Please see the Privacy Act
heading below.
Public Participation and Request for
Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2024–0165), indicate
the specific section of this document to
which your comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2024-0165/document, click on

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this notice, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
Comments received after the comment
closing date will be included in the
docket and will be considered to the
extent practicable.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its regulatory process.
DOT posts these comments, including
any personal information the
commenter provides, to
www.regulations.gov as described in the
system of records notice DOT/ALL 14
(Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices. The comments are
posted without edits and are searchable
by the name of the submitter.
Background
The Secretary of Transportation
(Secretary) is authorized to register forhire motor carriers of property and
passengers under the provisions of 49
U.S.C. 13902, surface freight forwarders
under the provisions of 49 U.S.C. 13903,
and property brokers under the
provisions of 49 U.S.C. 13904. These
persons may conduct transportation
services only if they are registered
pursuant to 49 U.S.C. 13901. The
Secretary has delegated authority
pertaining to these registration
requirements to the FMCSA (49 CFR
1.87) and the regulations implementing
these requirements may be found at 49
CFR part 387. The registration remains
valid only as long as these
transportation entities maintain, on file
with FMCSA, evidence of the required
levels of financial responsibility
pursuant to 49 U.S.C. 13906. FMCSA
regulations governing the financial
responsibility requirements for these
entities are found at 49 CFR part 387.
The information collected from these
forms are summarized and displayed in
the Licensing and Information system.
Forms for Endorsements, Certificates of
Insurance and Other Evidence of Bodily
Injury and Property Damage Liability
and Cargo Liability Financial
Responsibility
Forms BMC–91 and BMC–91X, titled
‘‘Motor Carrier Automobile Bodily
Injury and Property Damage Liability
Certificate of Insurance,’’ and Form

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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices
BMC–82, titled ‘‘Motor Carrier Bodily
Injury Liability and Property Damage
Liability Surety Bond Under 49 U.S.C.
13906,’’ provide evidence of the
required coverage for bodily injury and
property damage (BI & PD) liability. A
Form BMC–91X filing is required when
a carrier’s insurance is provided by
multiple companies instead of just one.
Form BMC–34, titled ‘‘Household Goods
Motor Carrier Cargo Liability Certificate
of Insurance,’’ and Form BMC–83, titled
‘‘Household Goods Motor Carrier Cargo
Liability Surety Bond Under 49 U.S.C.
13906,’’ establish a carrier’s compliance
with the Agency’s cargo liability
requirements. Only household goods
motor carriers are required to file
evidence of cargo insurance with
FMCSA (§ 387.303(c)). Form BMC–90,
titled ‘‘Endorsement for Motor Carrier
Policies of Insurance for Automobile
Bodily Injury and Property Damage
Liability Under Section 13906, Title 49
of the United States Code,’’ and Form
BMC–32, titled ‘‘Endorsement for Motor
Common Carrier Policies of Insurance
for Cargo Liability Under 49 U.S.C.
13906,’’ are executed by the insurance
company, attached to bodily injury and
property damage or cargo liability
insurance policy, respectively, and
forwarded to the motor carrier or freight
forwarder.

compliance date for all provisions on
the rule. This ICR updates the August 1
notice. The implementation of the
Broker and Freight Forwarder Financial
Responsibility Rule six months after the
forms are set to expire necessitates the
use of two versions of forms BMC–36,
BMC–84, BMC–85. The first version of
the forms will apply to the 6 months
prior to the implementation of the rule
on January 16, 2026. The second version
will apply to the 2.5 years following the
implementation of the Broker and
Freight Forwarder Financial
Responsibility Rule after January 16,
2026.

Requirement To Obtain Surety Bond or
Trust Fund Agreement

Self-Insurance

Form BMC–84, titled ‘‘Broker’s or
Freight Forwarder’s Surety Bond Under
49 U.S.C. 13906,’’ and Form BMC–85,
titled ‘‘Broker’s or Freight Forwarder’s
Trust Fund Agreement Under 49 U.S.C.
13906 or Notice of Cancellation of the
Agreement,’’ are filed by brokers or
freight forwarders to comply with the
requirement that they must have a
$75,000 surety bond or trust fund
agreement in effect before FMCSA will
issue property broker or freight
forwarder operating authority
registration. Both forms are being
revised due to the implementation of
the Broker and Freight Forwarder
Financial Responsibility Final Rule (88
FR 78656, Nov. 16, 2023). As originally
published in 2023, the rule had two
compliance dates, January 16, 2025, and
January 16, 2026. In anticipation of the
January 16, 2025, compliance date, a 60day Federal Register notice was
published on August 1, 2024 (89 FR
62842). However, FMCSA has extended
the compliance date of all requirements
to January 16, 2026, creating a single

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Cancellation of Prior Filings
Form BMC–35, titled ‘‘Notice of
Cancellation Motor Carrier Insurance
under 49 U.S.C. 13906,’’ Form BMC–36,
titled ‘‘Motor Carrier and Broker’s
Surety Bonds under 49 U.S.C. 13906
Notice of Cancellation,’’ and Form
BMC–85, titled ‘‘Broker’s or Freight
Forwarder’s Trust Fund Agreement
Under 49 U.S.C. 13906 or Notice of
Cancellation of the Agreement,’’ can be
used to cancel prior filings. Forms
BMC–36 and BMC–85 are being revised
due to the implementation of the Broker
and Freight Forwarder Financial
Responsibility Final Rule’s extended
compliance date of January 16, 2026.
Motor carriers can also apply to
FMCSA to self-insure BI & PD and/or
cargo liability in lieu of filing
certificates of insurance with the
FMCSA, as long as the carrier maintains
a satisfactory safety rating (see
§ 387.309.) Form BMC–40 is the
application used by carriers to apply for
self-insurance authority.
Title: Financial Responsibility Motor
Carriers, Freight Forwarders, and
Brokers.
OMB Control Number: 2126–0017.
Type of Request: Revision of a
currently approved ICR.
Respondents: For-hire Motor Carriers,
Brokers, and Freight Forwarders.
Estimated Number of Respondents:
200,147.
Estimated Time per Response: The
estimated average burden per response
for Form BMC–40 is 40 hours. The
estimated average burden per response
for forms BMC–34, 35, 82, 83, 91, and
91X is 10 minutes per form. In addition,
form BMC–32 takes 10 minutes. Forms
BMC 36, 84 and 85 are affected by the
implementation of the Broker Freight

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721

Forward Financial Responsibility Rule.
For the six months prior to the rule
implementation the estimated average
burden per response for these three
forms is 10 minutes per form. For the
remaining 2.5 year after the rule is
implemented the estimated average
burden per response for the revised
forms is 12 minutes per form.
Expiration Date: June 30, 2025.
Frequency of Response: Certificates of
insurance, surety bonds, and trust fund
agreements are required when the
transportation entity first registers with
FMCSA and then when such coverages
are changed or replaced by these
entities. Notices of cancellation are
required only when such certificates of
insurance, surety bonds, and trust fund
agreements are cancelled. The BMC–40
is filed only when a carrier seeks
approval from FMCSA to self-insure its
BI & PD and/or cargo liability coverage.
Estimated Total Annual Burden:
49,722. The annual burden was revised
for Forms BMC–84, BMC–85, and BMC–
36. The initial collection period for
those forms is the six-month period
prior to the compliance date of the
Broker and Freight Forward Financial
Responsibility Rule where the estimated
average burden per response is 10
minutes. The second collection period
is a revision for the 2.5 years following
the January 16, 2026, rule compliance
date where the estimated average
burden per response is 12 minutes. The
annual burden hours for the revised
forms equal 2,249. The annual burden
hours for the remaining forms are
unchanged at 47,473.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2024–31550 Filed 1–3–25; 8:45 am]
BILLING CODE 4910–EX–P

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