Agency Information Collection Activities; Extension of a Currently-Approved Information Collection Request: Transportation of Household Goods; Consumer Protection |
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G. Kelly Regal
Federal Motor Carrier Safety Administration
October 7, 2015
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60738-60739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25524]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0255]
Agency Information Collection Activities; Extension of a
Currently-Approved Information Collection Request: Transportation of
Household Goods; Consumer Protection
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for information.
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SUMMARY: 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 its
review and approval. The FMCSA requests approval to extend an ICR
titled, ``Transportation of Household Goods; Consumer Protection.'' The
information collected will be used to help regulate motor carriers
transporting household goods (HHG) for individual shippers. FMCSA
invites public comment on the ICR.
DATES: We must receive your comments on or before December 7, 2015.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2015-0255 using any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received
[[Page 60739]]
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the Federal Docket Management System
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Rodgers, Chief, Commercial
Enforcement Division, Federal Motor Carrier Safety Administration, West
Building, 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590.
Telephone: 202-366-0073; email Kenneth.rodgers@dot.gov. Office hours
are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Background: The Motor Carrier Safety Improvement Act of 1999
(MCSIA) (Pub. L. 106-159, 113 Stat. 1748, Dec. 9, 1999) authorized the
Secretary of Transportation (Secretary) to regulate household goods
carriers engaged in interstate operations for individual shippers. In
earlier legislation, Congress abolished the former Interstate Commerce
Commission and transferred the Commission's jurisdiction over household
goods transportation to the U.S. Department of Transportation (DOT)
(ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 803, Dec. 29
1995). Prior to FMCSA's establishment, the Secretary delegated this
household goods jurisdiction to the Federal Highway Administration,
FMCSA's predecessor organization within DOT.
The FMCSA has authority to regulate the overall commercial
operations of the household goods industry under 49 U.S.C. 14104,
``Household goods carrier operations.'' This ICR includes the
information collection requirements contained in title 49 CFR part 375,
``Transportation of Household Goods in Interstate Commerce; Consumer
Protection Regulations.'' The information collected encompasses that
which is generated, maintained, retained, disclosed, and provided to,
or for, the agency under 49 CFR part 375.
Sections 4202 through 4216 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-
59, 119 Stat. 1144, Aug. 10, 2005) (SAFETEA-LU) amended various
provisions of existing law regarding household goods transportation. It
specifically addressed: Definitions (section 4202); payment of rates
(section 4203); registration requirements for household goods motor
carriers (section 4204); carrier operations (section 4205); enforcement
of regulations (section 4206); liability of carriers under receipts and
bills of lading (section 4207); arbitration requirements (section
4208); civil penalties for brokers and unauthorized transportation
(section 4209); penalties for holding goods hostage (section 4210);
consumer handbook (section 4211); release of broker information
(section 4212); working group for Federal-State relations (section
4213); consumer complaint information (section 4214); review of
liability of carriers (section 4215); and application of State laws
(section 4216). The FMCSA regulations that set forth Federal
requirements for movers that provide interstate transportation of
household goods are found in 49 CFR part 375, ``Transportation of
Household Goods; Consumer Protection Regulation.''
On July 16, 2012, FMCSA published a Direct Final Rule (DFR) titled,
``Transportation of Household Goods in Interstate Commerce; Consumer
Protection Regulations: Household Goods Motor Carrier Record Retention
Requirements,'' (77 FR 41699). The rule amended the regulations
governing the period during which HHG motor carriers must retain
documentation of an individual shipper's waiver of receipt of printed
copies of consumer protection materials. This change 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.
Title: Transportation of Household Goods; Consumer Protection.
OMB Control Number: 2126-0025.
Type of Request: Extension of a currently-approved information
collection.
Respondents: Household goods movers and consumers.
Estimated Number of Respondents: 8,565 respondents [6,065 household
goods movers + 2,500 consumers = 8,565].
Estimated Time per Response: Varies from 5 minutes to display
assigned U.S. DOT number in created advertisement to 12.5 minutes to
distribute consumer publication, and 10 minutes to complete Form MSCA-
2P, ``Household Goods/Commercial Complaint Form.
Expiration Date: April 30, 2016.
Frequency of Response: Other (Once).
Estimated Total Annual Burden: 5,524,800 hours [Informational
documents provided to prospective shippers at 43,800 hours + Written
Cost estimates for prospective shippers at 4,620,000 hours + Service
orders, bills of lading at 805,300 hours + In-transit service
notifications at 22,600 hours + Complaint and inquiry records including
establishing records system at 32,700 hours + Household Goods--Consumer
Complaint Form MCSA-2P at 400 hours = 5,524,800].
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 the 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 information collected. The Agency will summarize or
include your comments in the request for OMB's clearance of this ICR.
Issued under the authority of 49 CFR 1.87 on September 29, 2015.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2015-25524 Filed 10-6-15; 8:45 am]
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