30-Day FR for 2126-0017

30-Day FR for 2126-0017.pdf

Financial Responsibility, Trucking and Freight Forwarding

30-Day FR for 2126-0017

OMB: 2126-0017

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17990

Federal Register / Vol. 90, No. 82 / Wednesday, April 30, 2025 / Notices

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the track, near Toledo, Or.; (2) that
portion of the Newberg Branch between
milepost 738.00 near St. Joseph, Or.,
and milepost 749.67 near Newberg, Or.;
(3) that portion of the West Side Branch
between milepost 738.00 near St. Joseph
and milepost 687.6 near Corvalis, Or.;
(4) the Dallas Branch between milepost
729.01 near Gerlinger, Or., and milepost
733.80 at the end of the track, near
Dallas, Or.; and (5) the Willamina
Branch between milepost 730.46 near
Whiteson, Or., and milepost 749.46 at
the end of the track, near Willamina, Or.
According to the verified notice,
WPRR is the current freight rail operator
on the Leased Lines, having received
authority to lease and operate the
Leased Lines from SP in 1993. See
Willamette & Pac. R.R.—Lease &
Operation Exemption—S. Pac. Transp.
Co., FD 32245 (ICC served Feb. 26,
1993). The verified notice indicates that
WPRR and UP have now agreed to
amend the lease to further extend its
term and make other commercial
changes, and that WPRR will continue
to be the operator after the transaction.2
As required under 49 CFR
1150.43(h)(1), WPRR certifies in its
verified notice that the lease contains an
interchange commitment. The
interchange commitment was amended
by a sixth amendment to the lease
agreement, dated as of August 1, 2003.
WPRR has provided additional
information regarding the interchange
commitment as required by 49 CFR
1150.43(h).3
WPRR certifies that its projected
revenues as a result of the transaction
will not result in the creation of a Class
II or Class I rail carrier, but that its
current annual revenues exceed, and are
expected to continue to exceed, $5
million. Pursuant to 49 CFR 1150.42(e),
if a carrier’s projected annual revenues
will exceed $5 million, it must, at least
60 days before the exemption is to
become effective, post a notice of its
intent to undertake the proposed
transaction at the workplace of the
employees on the affected lines, serve a
2 WPRR represents that this is the ninth
amendment to the original lease. WPRR does not
indicate whether it believes authority from the
Board was necessary for the previous amendments.
The class exemption invoked by WPRR does not
provide for retroactive effectiveness. See Cent. N.Y.
R.R.—Lease & Operation Exemption Including
Interchange Commitment—Norfolk S. Ry., FD
36825, slip op. at 2 n.3 (STB served Mar. 28, 2025).
3 Concurrent with the initial filing of its verified
notice of exemption, WPRR filed, under seal,
portions of the amended lease. See 49 CFR
150.43(h)(1) (providing that certain information
related to interchange commitments, such as copies
of agreements, will be kept confidential without an
accompanying motion for a protective order). In its
April 14 supplement, WPRR provided, under seal,
the full amended agreement.

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copy of the notice on the national
offices of the labor unions with
employees on the affected lines, and
certify to the Board that it has done so.
WPRR, however, has petitioned for
waiver of the 60-day advance labor
notice requirements. WPRR’s waiver
request will be addressed in a separate
decision in which the Board will
establish the effective date of the
exemption. WPRR is currently operating
the Leased Lines under the terms of the
original lease, as amended, and will
continue to do so until the amendment
becomes effective. WPRR states that the
amended lease will become effective
upon the effective date of the
exemption, which is 30 days after filing,
or upon the grant of its requested labor
notice waiver.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions to stay must be
filed no later than May 7, 2025.
All pleadings, referring to Docket No.
FD 36827, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on WPRR’s representative,
Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Avenue NW, Suite 1300
South, Washington, DC 20004.
According to WPRR, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: April 24, 2025.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2025–07416 Filed 4–29–25; 8:45 am]
BILLING CODE 4915–01–P

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

Agency Information Collection
Activities; Revision of an Approved
Information Collection Request:
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
review and approval. 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. On
January 6, 2025, FMCSA published a 60day notice in the Federal Register
announcing its intention to submit this
ICR to OMB for renewal. FMCSA
received two comments in response to
the published notice.
DATES: Comments on this notice must be
received on or before May 30, 2025.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of publication
of this notice to www.reginfo.gov/
public/do/PRAMain. Find this
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ana
Alvarez, Financial Analyst, Office of
Registration, Financial Responsibility
Filings Division, DOT, FMCSA, 1200
New Jersey Avenue SE, Washington, DC
20590–0001; 202–366–0401;
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Financial Responsibility Motor
Carriers, Freight Forwarders, and
Brokers.
SUMMARY:

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OMB Control Number: 2126–0017.
Type of Request: Revision of 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
Forward Financial Responsibility rule.
For the 6 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
bodily injury and property damage (BI
and PD) and/or cargo liability coverage.
Estimated Total Annual Burden:
49,722 hours. The annual burden was
revised for Forms BMC–84, BMC–85,
and BMC–36. The initial collection
period for those forms is the 6-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.
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

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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
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 BI and 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 BI and
PD or cargo liability insurance policies,
respectively, and forwarded to the
motor carrier or freight forwarder.
Requirement To Obtain Surety Bond or
Trust Fund Agreement
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.

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17991

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 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) to revise the current information
collection. However, FMCSA
subsequently extended the compliance
date for all requirements to January 16,
2026, creating a single compliance date
for all provisions of the rule. FMCSA
issued a second 60-day notice on
January 6, 2025 (90 FR 720) to reflect
the extended compliance date (see
discussion below). The implementation
of the Broker and Freight Forwarder
Financial Responsibility rule 6 months
after the forms are set to expire
necessitates the use of two versions of
forms BMC–36, BMC–84, and 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.
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 rule’s extended
compliance date of January 16, 2026.
Self-Insurance
Motor carriers can also apply to
FMCSA to self-insure BI and 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

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§ 387.309.) Form BMC–40 is the
application used by carriers to apply for
self-insurance authority.
On January 6, 2025, FMCSA
published a 60-day notice in the Federal
Register (90–FR 720) with a 60-day
public comment period to announce its
intention to submit this ICR to OMB for
the proposed revision. FMCSA received
two comments in response to the
published notice. One of the comments
was not related to this ICR and was
removed from the docket because it
contained possible personally
identifiable information.
The second commenter opposed the
Broker and Freight Forwarder
Responsibility rule, stating that the
$75,000 financial responsibility
requirement imposes a financial burden
on smaller brokers and freight
forwarders. Additionally, the comment
implied that the rule would impose
49,722 burden hours on the
participants.
In response, FMCSA notes that the
minimum amount of financial
responsibility is set by statute and the
Agency has no discretion to change it
(see 49 U.S.C. 13906(b)(3)).
The commenter’s calculation of
burden hours is inaccurate, as it
represents the annual burden of hours
for all 11 forms included in this ICR, not
just the three forms updated here.
The commenter did not address
whether the proposed collection is
necessary for the accuracy of the
estimated burden; nor the ways the
burden could be minimized without
reducing the quality of the collected
information.
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.
Issued under the authority of 49 CFR
1.87.
Kenneth Riddle,
Acting Associate Administrator, Office of
Research and Registration.
[FR Doc. 2025–07392 Filed 4–29–25; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0181]

Notice of Petition for Extension of
Waiver of Compliance
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:

This document provides the
public notice that Durbin & Greenbrier
Valley Railroad, Inc. (DGVR) petitioned
FRA for an extension of relief from
certain regulations concerning
stenciling of rail cars.
DATES: FRA must receive comments on
the petition by May 30, 2025. FRA will
consider comments received after that
date to the extent practicable.
ADDRESSES:
Comments: Comments related to this
docket may be submitted by going to
https://www.regulations.gov and
following the online instructions for
submitting comments.
Instructions: All submissions must
include the agency name and docket
number. All comments received will be
posted without change to https://
www.regulations.gov; this includes any
personal information. Please see the
Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket.
SUMMARY:

John
Brahaney, Railroad Safety Specialist,
FRA Motive Power & Equipment
Division, telephone: 202–493–6134,
email: [email protected].
SUPPLEMENTARY INFORMATION: Under
part 211 of title 49 Code of Federal
Regulations (CFR), this document
provides the public notice that by letter
dated February 12, 2025, DGVR
petitioned FRA to extend a special
approval pursuant to 49 CFR part 215
(Railroad Freight Car Safety Standards),
and to extend a waiver of compliance
from certain provisions of the Federal
railroad safety regulations contained in
part 215. The relevant Docket Number is
FRA–2010–0181.
Specifically, DGVR requests to extend
the previous special approval pursuant
to § 215.203, Restricted cars, in this
docket for 15 cars (DGVR 1–15) that are
FOR FURTHER INFORMATION CONTACT:

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(1) more than 50 years from the dates of
original construction, and (2) equipped
with a component listed in part 215,
appendix A (K Style Air Brake). DGVR
also seeks to extend relief from
§ 215.303, Stenciling of restricted cars.
In its petition, DGVR explains that the
cars will be used in excursion service
and will be operated at a maximum
speed of 10 miles per hour.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
Communications received by May 30,
2025 will be considered by FRA before
final action is taken. Comments received
after that date will be considered if
practicable.
Privacy Act
Anyone can search the electronic
form of any written communications
and comments received into any of
FRA’s dockets by the name of the
individual submitting the comment (or
signing the document, if submitted on
behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), DOT
solicits comments from the public to
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2025–07482 Filed 4–29–25; 8:45 am]
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