Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property

ICR 201912-2126-004

OMB: 2126-0008

Federal Form Document

ICR Details
2126-0008 201912-2126-004
Active 201712-2126-001
DOT/FMCSA
Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
Extension without change of a currently approved collection   No
Regular
Approved without change 03/31/2020
Retrieve Notice of Action (NOA) 01/23/2020
The collection has been approved for a period of one year. Upon resubmission, the agency shall note efforts to train/inform stakeholders that information on the collection does not expire upon the expiration of the control number. Further, the agency shall propose any needed language changes to be clear re-issuance is not needed upon expiration of the OMB control number.
  Inventory as of this Action Requested Previously Approved
03/31/2021 36 Months From Approved 03/31/2020
245,704 0 124,008
5,738 0 4,777
237,291 0 0

This ICR is a request for the renewal of a mandatory collection. DOT promulgates regulations that establish minimum levels of financial responsibility for motor carriers of property to cover public liability, property damage, and environmental restoration, and minimum levels of financial responsibility for for-hire motor carriers of passengers to cover public liability and property damage. It is mandated that motor carriers maintain proof of the required financial responsibility at their principal places of business, available upon request of an FMCSA safety investigator during investigations or audits. Insurance endorsements and surety bonds are considered public information and must be produced by a motor carrier of property or a motor carrier of passengers for review upon reasonable request by a member of the public. Motor carriers domiciled in Canada, Mexico, and non-North America (NNA) domiciled carriers who transport property or conduct passenger transportation operations within the United States must obtain an insurance endorsement or surety bond. All vehicles operated in the United States by these motor carriers must have a legible copy of the insurance endorsement or surety bond in the vehicle available to Federal or State enforcement officials during roadside inspections. FMCSA and the public use the information collected to verify that a motor carrier of property or passengers has obtained, and has in effect, the required minimum levels of financial responsibility. The information collections (ICs) are as follows: For Form MCS-90B, Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Section 18 of the Bus Regulatory Reform Act of 1982: IC-1a - Insurance Endorsements: Passenger Carrier - Document Preparation by Insurance Underwriters; and IC-1b - Insurance Endorsements: Passenger Carrier - Document Storage by Motor Carrier Clerks. For Form MCS-90, Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980: IC-2a - Insurance Endorsements: Property Carriers Document Preparation by Insurance Underwriters; and IC-2b - Insurance Endorsements: Property Carriers Document Storage by Motor Carrier Clerks. For Form MCS-82B, Motor Carrier Public Liability Surety Bond Under Section 18 of the Bus Regulatory Reform Act of 1982: IC-3a & IC-3b - Surety Bonds: Passenger Carriers Document Preparation and Storage. For Form MCS-82, Motor Carrier Public Liability Surety Bond Under Sections 29 and 30 of the Motor Carrier Act of 1980: IC-4a - Surety Bonds: Property Carriers Prepared by Insurance Underwriters; and IC-4b - Surety Bonds Property Carriers Document Storage by Motor Carrier Clerks. The endorsements (Forms MCS-90/90B) and surety bonds (Forms MCS-82/82B) are not submitted to FMCSA. Insurance companies and agents provide these forms directly to motor carriers to document that required levels of insurance are in place. IC-5a - Documents Placed in Vehicle: Canadian Vehicle Maintenance Staff; and IC-5b - Placing Documents in Vehicles: Mexican and NNA Vehicle Maintenance Staff. The endorsements (Forms MCS-90/90B) and surety bonds (Forms MCS-82/82B) are not submitted to FMCSA. Insurance companies and agents provide these forms directly to motor carriers to document that required levels of insurance are in place.

US Code: 49 USC 31138 Name of Law: Bus Regulatory Reform Act of 1982
   US Code: 49 USC 31139 Name of Law: Motor Carrier Act of 1980
  
None

Not associated with rulemaking

  84 FR 52164 10/01/2019
84 FR 71527 12/27/2019
Yes

  Total Approved 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 245,704 124,008 0 0 121,696 0
Annual Time Burden (Hours) 5,738 4,777 0 0 961 0
Annual Cost Burden (Dollars) 237,291 0 0 0 237,291 0
No
No
The number of respondents reported in this document is significantly higher than in previous approved iterations of the information collection request [202,458 – 8,004 = 194,445]. The number of estimated annual responses has also increased in this iteration of the information collection request. Previously, document preparation and document storage activities for information collections 1-4 were collapsed and considered to be one response, estimated to take approximately 3 minutes (2 minutes for document preparation + 1 minute for document storage). The previous approach failed to capture the fact that different individuals employed by different entities are responsible for those two steps (insurance underwriters prepare the documents, whereas motor carrier clerks store the documents). As such, the calculation has been revised to estimate the number of unique information collection “responses” required for each insurance underwriter, motor carrier clerk, and vehicle maintenance staff person, for document preparation (2 minutes per response), document storage (1 minute per response), and document placement in vehicles in Canada and Mexico (1 minute per response). While the number of respondents (and responses) has increased significantly due to a revised definition of the term “respondent” and a more granularized view of what constitutes a response, the estimated number of annual burden hours has not changed drastically. An additional 961 burden hours are reported in this iteration of the information collection request. [5,738 proposed annual burden hours − 4,777 currently approved annual hours = 961]. This increase is due to an increase in the motor carrier universe, and thus the number of estimated annual responses.

$0
No
    No
    No
No
No
No
Uncollected
Rhonda Scott 202 366-4134 rhonda.scott@dot.gov

  No

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.
01/23/2020


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