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Federal Register / Vol. 71, No.

164 / Thursday, August 24, 2006 / Notices 50115

E. The development of highway Federal-aid bridge construction and such registration is needed for the
bridges and structures that will bridge rehabilitation projects as required protection of shippers. FMCSA, which
withstand natural disasters; by 23 U.S.C. 144(r). has been delegated authority to exercise
F. The documentation and wide DATES: This action is effective August the Secretary’s functions and activities
dissemination of objective evaluations 24, 2006. regarding broker and freight forwarder
of the performance and benefits of these ADDRESSES: The report will be posted on registration, is making a finding that
innovative designs, materials, and the FHWA Web site at: http:// registration of brokers and freight
construction methods; www.fhwa.dot.gov/bridge/britab.htm. forwarders of non-household goods is
G. The effective transfer of resulting needed for the protection of shippers.
FOR FURTHER INFORMATION CONTACT: Ms.
information and technology; and, Accordingly, the Agency will continue
Ann Shemaka, Office of Bridge
H. The development of improved to register all general commodities
Technology, HIBT–30, (202) 366–2997,
methods to detect bridge scour and brokers and freight forwarders subject to
or Mr. Thomas Everett, Office of Bridge
economical bridge foundation designs its jurisdiction.
Technology, HIBT–30, (202) 366–4675,
that will withstand bridge scour. FOR FURTHER INFORMATION CONTACT: Mr.
Federal Highway Administration, 400
Additional activities include Michael J. Falk, Office of Chief Counsel,
Seventh St., SW., Washington, DC
collection of project information, 202–366–0834; Federal Motor Carrier
20590. Office hours are from 7:45 a.m.
documentation, promotion and wide Safety Administration, U.S. Department
to 4:15 p.m., e.t., Monday through
dissemination of objective evaluations of Transportation, 400 Seventh Street,
Friday, except Federal holidays.
of the performance and benefits of these SW., Washington, DC 20590–0001.
innovative designs, materials, and SUPPLEMENTARY INFORMATION: On August
SUPPLEMENTARY INFORMATION:
construction methods resulting from the 17, 2006, at 71 FR 47558, the FHWA
project studies. issued a notice announcing the Background
Respondents: 50 State Departments of availability of a report describing FMCSA’s jurisdiction over interstate
Transportation, the District of Columbia construction materials used in new property brokers is conferred by 49
and Puerto Rico. Federal-aid bridge construction and U.S.C. 13501, which gives the Secretary
Frequency: Annual. bridge rehabilitation projects as required jurisdiction ‘‘over transportation by
Estimated Average Burden per by 23 U.S.C. 144(r). The address section motor carrier and the procurement of
Response: 1 hour. of that notice inadvertently referenced that transportation’’ to the extent the
Estimated Total Annual Burden an incorrect Web address to access the transportation is in interstate or foreign
Hours: It is estimated that a total of 100 report. The purpose of this notice is to commerce. FMCSA’s jurisdiction over
responses will be received to give us a correct the Web address for the Annual interstate freight forwarders is conferred
total annual burden of 100 hours. Materials Report on New Bridge by 49 U.S.C. 13531, which gives the
Electronic Access: Internet users may Construction and Rehabilitation. The Secretary jurisdiction ‘‘over service that
access all comments received by the correct Web address for the report is: a freight forwarder undertakes to
U.S. DOT Dockets, Room PL–401, by http://www.fhwa.dot.gov/bridge/ provide, or is authorized or required
using the universal resource locator britab.htm. under [Part B of subtitile IV of title 49,
(URL): http://dms.dot.gov, 24 hours (Authority: 23 U.S.C. 144(r); Sec. 1114(f), United States Code] to provide’’ to the
each day, 365 days each year. Please Pub. L. 109–59, 119 Stat. 1144.) extent the transportation involved is in
follow the instructions online for more Issued on: August 21, 2006. interstate commerce.
information and help. Brokers and freight forwarders are
Frederick G. Wright, Jr.,
Authority: The Paperwork Reduction Act transportation intermediaries who
Federal Highway Executive Director.
of 1995; 44 U.S.C. Chapter 35, as amended; procure the services of motor carriers to
[FR Doc. E6–14070 Filed 8–23–06; 8:45 am]
and 49 CFR 1.48. transport property. Brokers generally do
BILLING CODE 4910–22–P
Issued on: August 18, 2006. not handle the freight and do not
James R. Kabel,
assume legal liability for cargo loss and
damage. On behalf of shippers, they
Chief, Management Programs and Analysis DEPARTMENT OF TRANSPORTATION
Division.
arrange for motor carriers to transport
Federal Motor Carrier Safety individual shipments from origin to
[FR Doc. E6–14068 Filed 8–23–06; 8:45 am]
Administration destination. Freight forwarders assemble
BILLING CODE 4910–22–P
small shipments into larger shipments,
Registration of Brokers and Freight tender them to motor carriers and
DEPARTMENT OF TRANSPORTATION Forwarders of Non-Household Goods ensure that the larger shipment is
disassembled into smaller shipments
AGENCY: Federal Motor Carrier Safety upon delivery. Freight forwarders may
Federal Highway Administration Administration (FMCSA), United States take physical possession of the
Annual Materials Report on New Department of Transportation (DOT). shipment in carrying out these
Bridge Construction and Bridge ACTION: Notice of determination. functions.1 Freight forwarders issue
Rehabilitation bills of lading and assume liability for
SUMMARY: Section 4142 of the Safe,
cargo loss and damage.
AGENCY: Federal Highway Accountable, Flexible, Efficient Brokers arranging for transportation of
Administration (FHWA), DOT. Transportation Equity Act: A Legacy for
property in interstate commerce were
ACTION: Notice; correction. Users (SAFETEA–LU), which was first regulated by the Interstate
enacted into law August 10, 2005, Commerce Commission (ICC) in 1935;
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SUMMARY: This document corrects a authorizes the Secretary of interstate freight forwarders were
typographical error in the FHWA’s Transportation (Secretary) to register regulated beginning in 1942. These
notice published on August 17, 2006, at brokers and freight forwarders of non-
71 FR 47558. The notice announced the household goods (otherwise known as 1 The statutory definitions of broker and freight
availability of a report describing general commodities brokers and freight forwarder are codified at 49 U.S.C. 13102(2) and
construction materials used in new forwarders) if the Secretary finds that 13102(8), respectively.

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50116 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Notices

entities were required to obtain the protection of shippers and that the The number of freight forwarder
operating authority from the ICC and person is fit, willing, and able to applications filed with FMCSA annually
meet financial responsibility and other provide the service and to comply with has increased by approximately 80
regulatory requirements. The Surface applicable regulations of the Secretary percent since 2003.6 As with brokers,
Freight Forwarder Deregulation Act of and Surface Transportation Board. these figures indicate that freight
1986, Pub. L. 99–521, deregulated Section 4142(c) of SAFETEA–LU forwarders represent a growing segment
general commodities freight forwarders made a similar amendment to 49 U.S.C. of the transportation industry whose
by removing them from ICC licensing 13904 by providing that the Secretary services are relied upon by many
jurisdiction. The 1986 Act was intended may register a person to be a broker of commercial shippers to meet their
to ‘‘enable freight forwarders which deal non-household goods to provide service transportation needs.
with general commodities to compete subject to FMCSA jurisdiction if the U.S. Census Bureau statistics indicate
more effectively with other Secretary finds that such registration is there were 15,782 establishments
transportation services and to improve needed for the protection of shippers involved in the business of freight
the financial health of the freight and that the person is fit, willing, and transportation arrangement in 1997.
forwarding industry’’.2 The 1986 Act able to provide the service and to This industry group includes freight
retained ICC jurisdiction over comply with applicable regulations of forwarders, marine shipping agents, and
household goods freight forwarders. the Secretary and Surface brokers. These businesses generated
The ICC Termination Act (ICCTA) of Transportation Board. revenues of over $16 billion and
1995, Pub. L. 104–88, reinstated Federal employed over 140,000 employees with
jurisdiction over general commodities Significance of Brokers and Freight a cumulative annual payroll of
freight forwarders and required all Forwarders approximately $5 billion. While not all
freight forwarders to register with DOT. General commodities brokers and these entities provided services subject
The Senate report accompanying the freight forwarders offer valuable to FMCSA jurisdiction, the more current
legislation noted that since the 1986 services to the business community. MCMIS data indicate that the number of
Act, freight forwarders of shipments They work with motor carriers to find general commodities brokers and freight
other than household goods were not less expensive transportation forwarders registered with FMCSA
required to obtain a license from the alternatives for commercial shippers exceeds the size of the entire freight
ICC, but were required to maintain a and provide additional services to assist transportation arrangement industry
minimum level of cargo liability shippers, such as shipment tracing, reported in 1997. Although FMCSA
insurance. The Senate report also stated warehousing and storage (freight does not have figures on cumulative
that the ‘‘insurance requirement has forwarders) and filing loss and damage revenues and employment for regulated
been difficult to monitor and enforce claims with the motor carrier general commodities freight forwarders
without a Federal licensing responsible for the transportation. and brokers, the Census data provide a
requirement. By extending the Without these transportation rough estimate of the potential impact
registration requirement to all freight intermediaries, shippers would have to on the regulated freight transportation
forwarders, the bill would fill an devote additional resources to locating arrangement industry and the national
inappropriate regulatory gap.’’ 3 and negotiating with motor carriers and economy if general commodities freight
The ICCTA continued the licensing would likely have to pay higher forwarders and brokers are unable to be
(registration) and bond requirements for transportation costs. Smaller businesses relied upon by shippers due to lack of
general commodities brokers, which, in particular would be disadvantaged by confidence in their activities and
according to the Senate report, were not being able to rely on the services financial responsibilities.
‘‘needed to protect the public from provided by brokers and freight
unscrupulous brokers.’’ 4 The Motor Registration of Non-Household Goods
forwarders. Available statistics also Brokers and Freight Forwarders Is
Carrier Safety Improvement Act of 1999 indicate a growing reliance on these
(MCSIA), Pub. L. 106–159, created Needed for the Protection of Shippers
entities in the shipment of goods.
FMCSA and, among other things, Pursuant to section 4142 of
conferred on it jurisdiction over brokers Brokers SAFETEA–LU, if the Agency determines
and freight forwarders. FMCSA’s Motor Carrier Management that registration of non-household goods
Prior to SAFETEA–LU, 49 U.S.C. Information System (MCMIS) indicates brokers and freight forwarders is needed
13903 and 13904 required FMCSA to that approximately 16,930 active general for the protection of shippers, the
register all freight forwarders and commodities brokers are registered with Agency may require these entities to
brokers, provided the prospective the Agency as of April 17, 2006. The register.
registrant was ‘‘fit, willing and able’’ to number of property broker applications Under 49 U.S.C. 13906(b), brokers
provide service and comply with filed annually with FMCSA has must maintain and file with FMCSA a
applicable regulatory requirements. increased by 30 percent since 2003.5 bond, insurance policy or other type of
Section 4142 of SAFETEA–LU These figures indicate that property approved security to ensure that the
continued this registration requirement brokers represent an expanding segment transportation which the broker
for freight forwarders and brokers of of the transportation industry and are arranges is provided. Currently, FMCSA
household goods. However, section being utilized to help meet the regulations require general commodities
4142(b) amended § 13903 by providing transportation needs of a large number brokers to file a surety bond or trust
that the Secretary may register a person of commercial shippers. fund in the amount of $10,000 (49 CFR
as a freight forwarder of non-household 387.307(a)). This requirement is
goods to provide service subject to Freight Forwarders designed to protect shippers who pay
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FMCSA jurisdiction if the Secretary MCMIS indicates that approximately brokers who renege on their obligations
finds that such registration is needed for 1,040 active general commodities freight to arrange for the transportation or to
forwarders are registered with FMCSA. pay the motor carrier. In the latter case,
2 S. Rep. 99–120, p. 2 (July 31, 1985).
3 S. Rep. 104–176, p. 12 (Nov. 21, 1995). 5 In calendar year 2005, 3,274 applications were 6 In calendar year 2005, 442 applications were
4 Id. filed, compared to 2,518 in 2003 and 2,816 in 2004. filed, compared to 244 in 2003 and 205 in 2004.

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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Notices 50117

the motor carrier may attempt to bill the DEPARTMENT OF THE TREASURY Building, Washington, DC 20503, (202)
shipper, who has already paid the 395–7316.
broker for the shipment. It is also Submission for OMB Review;
Michael A. Robinson,
designed to protect motor carriers who Comment Request
Treasury PRA Clearance Officer.
are not paid for their services but are
August 18, 2006. [FR Doc. E6–13997 Filed 8–23–06; 8:45 am]
unwilling or unable to seek payment
from the shipper. Section 13906(b) The Department of Treasury has BILLING CODE 4810–70–P

financial responsibility requirements are submitted the following public


expressly linked to broker registration information collection requirement(s) to
OMB for review and clearance under the DEPARTMENT OF THE TREASURY
by the statute. In other words, without
a registration requirement, FMCSA has Paperwork Reduction Act of 1995, Submission for OMB Review;
no statutory authority to impose a Public Law 104–13. Copies of the Comment Request
bonding requirement to protect shippers submission(s) may be obtained by
calling the Treasury Bureau Clearance August 18, 2006.
and carriers against unscrupulous or
Officer listed. Comments regarding this The Department of Treasury has
financially irresponsible general
information collection should be submitted the following public
commodities brokers. addressed to the OMB reviewer listed information collection requirement(s) to
As is the case with brokers, the and to the Treasury Department OMB for review and clearance under the
financial responsibility requirements Clearance Officer, Department of the Paperwork Reduction Act of 1995,
applicable to freight forwarders are Treasury, Room 11000, 1750 Public Law 104–13. Copies of the
expressly linked to the registration Pennsylvania Avenue, NW., submission(s) may be obtained by
requirement. Under 49 U.S.C. Washington, DC 20220. calling the Treasury Bureau Clearance
13906(c)(1), FMCSA may register a Dates: Written comments should be Officer listed. Comments regarding this
person as a freight forwarder only if the received on or before September 25, information collection should be
person files with the agency evidence of 2006 to be assured of consideration. addressed to the OMB reviewer listed
public liability insurance to cover and to the Treasury Department
negligent operation, maintenance or use Community Development Financial
Clearance Officer, Department of the
of motor vehicles by or under direction Institutions Fund
Treasury, Room 11000, 1750
and control of the freight forwarder OMB Number: 1559–0016. Pennsylvania Avenue, NW.,
when providing transfer, collection or Washington, DC 20220.
Type of Review: Revision.
delivery services. Section 13906(c)(2)
Form: CDFI 0020. DATES: Written comments should be
permits FMCSA to also require received on or before September 25,
registered freight forwarders to file Title: New Markets Tax Credit 2006 to be assured of consideration.
freight forwarder insurance to cover loss (NMTC) Program Allocation
or damage to cargo for which the freight Application. Alcohol and Tobacco Tax and Trade
forwarder provides service. There are no Bureau (TTB)
Description: The New Markets Tax
independent financial responsibility Credit (NMTC) Program will provide an OMB Number: 1513–0009.
requirements for the protection of incentive to investors in the form of a
shippers that would apply if general Type of Review: Revision.
tax credit, which is expected to
commodities freight forwarders are no stimulate investment in private capital Title: Application to Establish and
longer being registered. that, and in turn, will facilitate Operate Wine Premises Wine Bond.
Based on the foregoing, FMCSA finds economic and community development Description: TTB F 5120.25,
that continued registration of non- in low-income communities. In order to Application to Establish and Operate
household goods freight forwarders qualify for an allocation of tax credits Wine Premises, is the form used to
under 49 U.S.C. 13903 and non- under the NMTC Program an entity establish the qualifications of an
household goods brokers under 49 must be certified as a qualified applicant applying to establish and
U.S.C. 13904 is needed for the community development entity and operate wine premises. The applicant
submit an allocation application to the certifies the intention to produce and/or
protection of shippers. We also note that
CDFI Fund. Upon receipt of such store a specified amount of wine and
brokers and freight forwarders must
applications, the CDFI Fund will take certain precautions to protect it
register pursuant to 49 U.S.C. 13901 to conduct a competitive review process to from unauthorized use. TTB F 5120.36,
engage in interstate transportation. evaluate applications for the receipt of Wine Bond, is the form used by the
Finally, based on FMCSA’s NMTC allocations. proprietor and a surety company as a
determination above regarding the contract to ensure the payment of the
protection of shippers, any registration Respondents: Private and State, Local
or Tribal Governments. wine excise tax.
appropriately filed between August 10,
2005 (the date of enactment of Estimated Total Burden Hours: 41,650 Respondents: Private Sector.
SAFETEA–LU) and the date of this hours. Estimated Total Burden Hours: 1013
Notice shall be effective on the date the Clearance Officer: Matt Josephs, hours.
registration was approved by FMCSA. Community Development Financial Clearance Officer: Frank Foote,
Issued on: August 16, 2006. Institutions Fund, Department of the Alcohol and Tobacco Tax and Trade
Treasury, 601 13th Street, NW., Suite Bureau, Room 200 East, 1310 G Street,
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John H. Hill,
200 South, Washington, DC 20005, (202) NW., Washington, DC 20005, (202) 927–
Administrator. 622–9254. 9347.
[FR Doc. E6–14064 Filed 8–23–06; 8:45 am]
OMB Reviewer: Alexander T. Hunt, OMB Reviewer: Alexander T. Hunt,
BILLING CODE 4910–EX–P
Office of Management and Budget, Office of Management and Budget,
Room 10235, New Executive Office Room 10235, New Executive Office

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