[Federal Register: March 26, 2002 (Volume 67, Number 58)]
[Notices]               
[Page 13818-13819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr02-94]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2002-11732]

 
Notice of Request for Renewal of a Currently Approved Information 
Collection: Financial Responsibility, Trucking and Freight Forwarding

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the requirement of section 3506(c)(2)(A) of 
the Paperwork Reduction Act of 1995, this notice announces the 
intention of FMCSA to request the Office of Management and Budget (OMB) 
to renew its clearance of the currently approved information collection 
identified below under Supplementary Information. This information 
collection provides registered motor carriers, property brokers, and 
freight forwarders a means of meeting financial security documentation 
requirements.

DATES: Comments must be submitted on or before May 28, 2002.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590. Comments may also be submitted on 
the Internet by using the universal resource locator (URL) at: http://
dmses.dot.gov/submit, or by fax to (202) 493-2251. Internet users may 
view all comments received by the Document Management System (DMS) on 
the Internet at: http://dms.dot.gov. Please follow the instructions 
online for more information and help. Please include the docket

[[Page 13819]]

number appearing in the heading of this document on your comment. All 
comments received will be available for examination and copying at the 
above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal holidays. If you would like to be notified when your 
comments are received, you must include a self-addressed, stamped 
postcard, or you may print the acknowledgement page that appears after 
submitting comments electronically.

FOR FURTHER INFORMATION CONTACT: Ms. Marian Lee, (202) 358-7028, 
Insurance Compliance Division (MC-ECI), Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Financial Responsibility, Trucking and Freight Forwarding.
    OMB Number: 2126-0017.
    Background: The Secretary of Transportation (Secretary) is 
authorized to register for-hire motor carriers of regulated commodities 
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 registrations to 
the FMCSA. Registration remains valid only as long as the 
transportation entities maintain, on file with the FMCSA, evidence of 
the required levels of insurance coverage pursuant to 49 U.S.C. 13906. 
Regulations governing financial responsibility requirements are found 
at 49 CFR 387.
    Forms BMC-91, 91X, and 82 provide evidence of the required coverage 
for bodily injury and property damage (BI&PD) liability. Forms BMC-34 
and 83 establish compliance with cargo liability requirements. Forms 
BMC-84 and 85 are filed by brokers to comply with the requirement for a 
$10,000 surety bond or trust fund agreement. Forms BMC-35, 36, and 85 
cancel prior filings. Forms BMC-90 and 32 are endorsements that must be 
attached to BI&PD and cargo insurance policies, respectively, but are 
not filed with the FMCSA.
    Motor carriers can also apply to self-insure BI&PD and/or cargo 
liability in lieu of filing certificates of insurance or surety bonds 
with the FMCSA. Form BMC-40 is the application used to apply for self-
insurance authority.
    Respondents: Motor carriers, freight forwarders, and brokers.
    Estimated Average Burden per Response: The estimated average burden 
per response for the BMC-40 is 40 hours. The estimated average burden 
per response for each of the other forms (BMC-32, 34, 35, 36, 82, 83, 
84, 85, 90, 91, and 91X) is 10 minutes per form.
    Estimated Total Annual Burden: The estimated total annual burden is 
200 hours for the BMC-40 based on 5 filings per year [5 filings per 
year  x  40 hours to complete = 200]. The estimated total annual burden 
for all of the other forms described above is 45,025 hours based on 
270,152 filings per year [270,152 filings per year  x  10 minutes to 
complete divided by 60 minutes = 45,025 total burden hours]. Therefore, 
the total burden hour request is 45,225 [200 estimated annual burden 
hours for the BMC-40 + 45,025 hours for the other forms = 45,225 total 
burden hours].
    Frequency: Certificates of insurance, surety bonds, and trust fund 
agreements are required when the transportation entity first registers 
with the FMCSA and then when such coverages are replaced. Notices of 
cancellation are required only when such certificates of insurance, 
surety bonds or trust fund agreements are canceled. Form BMC-40 is 
generally filed only when a carrier seeks approval to self-insure its 
BI&PD and/or cargo liability.
    Public Comments Invited: Interested parties are invited to send 
comments regarding any aspect of this information collection, including 
but not limited to: (1) The necessity and utility of the information 
collection for the proper performance of the functions of the FMCSA; 
(2) the accuracy of the estimated burden; (3) ways to enhance the 
quality, utility, and clarity of the collected information; and (4) 
ways to minimize the collection burden without reducing the quality of 
the collected information. Comments submitted in response to this 
notice will be summarized and/or included in the request for OMB's 
clearance for a renewal of this information collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 
chapter 35, as amended, and 49 CFR 1.73.

    Issued on: March 18, 2002.
Joseph M. Clapp,
Administrator.
[FR Doc. 02-7159 Filed 3-25-02; 8:45 am]
BILLING CODE 4910-EX-P