Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements

Larry W. MinorLarry W. Minor
Federal Motor Carrier Safety Administration
August 27, 2012

[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Page 51706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21031]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 375

[Docket No. FMCSA-2011-0313]
RIN 2126-AB41


Transportation of Household Goods in Interstate Commerce; 
Consumer Protection Regulations: Household Goods Motor Carrier Record 
Retention Requirements

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

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: FMCSA confirms the effective date for its July 16, 2012, 
direct final rule concerning the period during which household goods 
(HHG) motor carriers must retain documentation of an individual 
shipper's waiver of receipt of printed copies of consumer protection 
materials. The direct final rule harmonized the retention period with 
other document retention requirements applicable to HHG motor carriers. 
FMCSA also amended the regulations to clarify that a HHG motor carrier 
is not required to retain waiver documentation from any individual 
shippers for whom the carrier does not actually provide services. The 
Agency did not receive any comments in response to the direct final 
rule and confirms the November 13, 2012, effective date of the rule.

DATES: The effective date for the direct final rule published in the 
Federal Register on July 16, 2012 (77 FR 41699), is confirmed as 
November 13, 2012.

ADDRESSES: The docket for this rulemaking (FMCSA-2011-0313) is 
available for inspection at http://www.regulations.gov/#!docketDetail;D=FMCSA-2011-0313. If you do not have access to the 
Internet, you may also view the docket by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA, Household 
Goods Team Leader, Commercial Enforcement and Investigations Division 
at (202) 385-2400 or by email at brodie.mack@dot.gov.

SUPPLEMENTARY INFORMATION: On July 16, 2012, FMCSA published a direct 
final rule amending its regulations at 49 CFR part 375. The rule 
reduced the retention period in 49 CFR 375.213(e)(3) from three years 
to one year for signed receipts documenting an individual shipper's 
waiver of physical receipt of the consumer protection publications 
``Your Rights and Responsibilities When You Move,'' and ``Ready to 
Move?--Tips for a Successful Interstate Move.'' The change harmonized 
this requirement with other requirements in part 375 that require HHG 
motor carriers to retain shipping documents for only one year. The rule 
also clarified a HHG motor carrier that obtains a signed waiver from a 
shipper is required to comply with the retention requirements in Sec.  
375.213(e)(3) only if the carrier actually provides moving services to 
the shipper.
    FMCSA used the Agency's direct final rule procedures (75 FR 29915, 
May 28, 2010) because it was a routine and noncontroversial amendment, 
and the Agency did not expect any adverse comments. The direct final 
rule advised the public that unless a written adverse comment, or a 
written notice of intent to submit such an adverse comment, was 
received by August 15, 2012, the Agency would provide notice confirming 
the effective date. Because the Agency did not receive any comments to 
the docket by August 15, 2012, the direct final rule will become 
effective November 13, 2012.

    Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21031 Filed 8-24-12; 8:45 am]
BILLING CODE 4910-EX-P