Agency Information Collection Activities; Renewal of an Approved Information Collection: Practices of Household Goods Brokers Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 22 January 2024 Subjects: American Government , Trucking

[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3983-3984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01080]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0180]


Agency Information Collection Activities; Renewal of an Approved 
Information Collection: Practices of Household Goods Brokers

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

ACTION: Notice and request for comments.

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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 and invites public comment. FMCSA requests OMB's 
renewed approval to the ICR titled ``Practices of Household Brokers,'' 
which applies to household goods (HHG) brokers who are procured by the 
public (HHG shippers) to arrange the transportation of the shipper's 
household goods by HHG motor carriers. This renewal updates wage 
related costs that have changed since the last approval and revises the 
previous information collection total respondent hourly and cost 
burden.

DATES: Comments on this notice must be received on or before March 22, 
2024.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0180 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Donnice Wagoner, Commercial 
Enforcement and Investigations Division, DOT, FMCSA, West Building 6th 
Floor MC-SEI, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 
(202) 366-8045; donnice.wagoner@dot.gov.

SUPPLEMENTARY INFORMATION:

Instructions

    All submissions must include the Agency name and docket number. For 
detailed instructions on submitting comments, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.

Public Participation and Request for Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2023-0180), indicate the specific section of this 
document to which your comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so FMCSA can contact you if there are questions regarding your 
submission. 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.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0180/document, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    Comments received after the comment closing date will be included 
in the docket and will be considered to the extent practicable.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    As a result of Title IV, Subtitle B of the Safe, Accountable, 
Flexible, Efficient, Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU) (Pub. L. 109-59) and a petition for rulemaking from the 
American Moving and Storage Association (AMSA), FMCSA amended then-
existing regulations for brokers in a final rule titled, ``Brokers of 
Household Goods Transportation by Motor Vehicles,'' (75 FR 72987, Nov. 
29, 2010), amending 49 CFR part 371 by providing additional consumer 
protection responsibilities for brokers of HHG.
    Section 4212 of SAFETEA-LU directs the Secretary of Transportation 
to require HHG brokers to provide shippers with information throughout 
the various stages of their interactions with shippers. The following 
phases summarize the information collection required by the HHG broker 
at the various contractual stages by 49 CFR 371.

I. First Phase: ``Prospecting''

    When a HHG shipper is looking to procure a HHG broker's services, 
the broker must collect the following information and display it on its 
websites and solicitation materials:

[[Page 3984]]

     Its physical address (Sec.  371.107a);
     Its U.S. DOT license numbers (Sec.  371.107b);
     A statement indicating it will not transport the shipper's 
goods but will only arrange for goods to be transported by a registered 
motor carrier (Sec.  371.107c);
     If the broker chooses to publish rates on its website or 
solicitation materials, the broker must also publish a statement that 
the rates are based on a motor carrier's publicly available rates 
(Sec.  371.107d);
     If broker chooses to publish a list of motor carriers it 
works with, the list must be a list only of carriers with which brokers 
have agreements (Sec.  371.107e); and
     Brokers must publish information regarding their 
cancellation policies, including information on deposits and refunds 
(Sec.  371.117a).
    For the exact text of regulations see section 12 part I of this 
document.

II. Second Phase: ``Contact''

    When an HHG shipper makes a reasonable request seeking additional 
information about broker services, the HHG broker must collect the 
following information and distribute it to the HHG shipper:
     A list of carriers it has agreements with (Sec.  
371.109a); and
     A statement indicating the broker is not a carrier and 
that the broker is only arranging transportation of shipper's goods 
(Sec.  371.109b).
    For the exact text of regulations see Section 12 Part II.

III. Third Phase: ``Estimate''

    When an HHG shipper requests an estimate, the broker must collect 
the following information and provide it to the shipper:
     FMCSA's published information material: (1) ``Ready to 
Move? Tips for a Successful Interstate Move'' and (2) ``Your Rights and 
Responsibilities When You Move (2022 Update)'' (Sec.  371.111a1, 2, and 
3);
     A written estimate based on a physical survey of household 
items (Sec.  371.113a) and published carrier rates (Sec.  371.113b); 
and
     If applicable, a ``Waiver'' receipt showing shipper waived 
their right to a physical survey of their household items (Sec.  
371.113b).
    The broker must obtain a signed document showing that FMCSA's 
published information material was received by the shipper (Sec.  
371.111c). For the exact text of regulations see section 12 part III.

IV. Fourth Phase: ``Agreement''

    Should the shipper find the estimate(s) and broker services 
reasonable and wish to book the broker's services, the two parties must 
enter into an agreement. At this point it is standard practice for 
shippers to pay a deposit or full payment. Before a deposit is 
collected, the broker must collect the following information and 
distribute it to the HHG shipper:
     An agreement document with required specifications as laid 
out by regulation Sec.  371.115; and
     An agreement document which highlights the broker's and/or 
motor carrier's refund policy for cancelation of agreements (Sec.  
371.117a).
    For the exact text of regulations see section 12 part IV.

V. Fifth Phase: ``Delivery''

    After the broker confirms delivery of the household goods by the 
carrier, the broker must collect the following information and 
distribute it to the HHG shipper:
     A receipt with transaction data, including cancelation 
details if the agreement was canceled as laid out by 49 CFR 371.3.
    The complete collection of information, required by the referenced 
regulations, assists shippers in their business dealings with 
interstate HHG brokers. The information collected is used by 
prospective shippers to make informed decisions about contracts, 
services ordered, executed, and settled. The HHG broker is often the 
primary contact for individual shippers and in the best position to 
educate shippers and prepare them for a successful move. The 
information collection is intended to combat deceptive business 
practices; the information helps enforcement personnel better protect 
consumers by verifying that shippers are receiving information as 
required by regulations.
    FMCSA revises the total annual burden to 86,488 hours. This is an 
increase of 13,680 annual burden hours from the currently approved 
72,808 burden estimate. The increase is due to the following:
    (1) FMCSA's records for household goods brokers increased from 652 
brokers to 1,256 brokers.
    Title: Practices of Household Goods Brokers.
    OMB Control Number: 2126-0048.
    Type of Request: Renewal of currently approved collection.
    Respondents: Brokers of Household Goods.
    Estimated Number of Respondents: 1,256.
    Estimated Time per Response: Varies.
    Expiration Date: May 31, 2024.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 86,488.
    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 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 collected information. 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.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-01080 Filed 1-19-24; 8:45 am]
BILLING CODE 4910-EX-P