Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements, 41699-41704 [2012-17268]

Download as PDF Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This temporary stay is not subject to the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’). Section 12(d) of the NTTAA, Public Law 104–113, 12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. wreier-aviles on DSK5TPTVN1PROD with RULES J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations VerDate Mar<15>2010 14:23 Jul 13, 2012 Jkt 226001 EPA has determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not change the substance of 40 CFR 52.1628. DEPARTMENT OF TRANSPORTATION K. Congressional Review Act RIN 2126–AB41 This action is not subject to the Congressional Review Act (‘‘CRA’’). The CRA, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The Section 804(3) of the CRA defines ‘‘rule’’ as having the same meaning given to such term in section 551 of the APA. See 5 U.S.C. 551(4). Since this action is not designed to implement, interpret, or prescribe law or policy, within the meaning of APA, this action is exempted from the reporting requirements of the CRA. Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Best available control technology, Incorporation by reference, Intergovernmental relations, Interstate transport of pollution, Nitrogen dioxide, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur dioxide, Visibility. Dated: July 2, 2012. Lisa P. Jackson, Administrator. Title 40, chapter I, of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ This temporary stay is not subject to Executive Order 12898. Executive Order 12898 (59 FR 7629, February 16, 1994), establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. 41699 Authority: 42 U.S.C. 7401 et seq. 2. Effective July 16, 2012, 40 CFR 52.1628 is stayed until October 15, 2012. ■ [FR Doc. 2012–16952 Filed 7–13–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 Federal Motor Carrier Safety Administration 49 CFR Part 375 [Docket No. FMCSA–2011–0313] Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Direct final rule; request for comments. AGENCY: FMCSA amends the regulations governing 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. This change harmonizes the retention period with other document retention requirements applicable to HHG motor carriers. FMCSA also amends 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. This rule responds to a petition filed by the American Moving and Storage Association (AMSA). DATES: This final rule is effective November 13, 2012, unless an adverse comment, or notice of intent to submit an adverse comment, is either submitted to the above docket via https:// www.regulations.gov on or before August 15, 2012 or reaches the Docket Management Facility by that date. If an adverse comment, or notice of intent to submit an adverse comment, is received by August 15, 2012, we will withdraw this direct final rule and publish a timely notice of withdrawal in the Federal Register. ADDRESSES: You may submit comments identified by docket number FMCSA– 2011–0313 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30) West Building Ground Floor Room W12–140, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 p.m., E.T., Monday through Friday, SUMMARY: E:\FR\FM\16JYR1.SGM 16JYR1 41700 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these methods. See the ‘‘Public Participation and Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. Mr. Brodie Mack, FMCSA Household Goods Enforcement and Compliance Team Leader, (202) 385–2400. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Public Participation and Comments If you would like to participate in this rulemaking, you may submit comments and related materials. All comments received will be posted, without change, to https://www.regulations.gov and will include any personal information you have provided. A. Submitting Comments wreier-aviles on DSK5TPTVN1PROD with RULES If you submit a comment, please include the docket number for this rulemaking (FMCSA–2011–0313), indicate the specific section of this direct final rule to which each 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. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. As a reminder, FMCSA will only consider adverse comments as defined in 49 CFR 389.39(b) and explained below. To submit your comment online, go to https://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Final Rule’’ and insert ‘‘FMCSA– 2011–0313’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the VerDate Mar<15>2010 14:23 Jul 13, 2012 Jkt 226001 ‘‘Keyword’’ box insert ‘‘FMCSA–2011– 0313’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. If you do not have access to the Internet, you may also view the docket online 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., Monday through Friday, except Federal holidays. C. Privacy Act Anyone can search the electronic form of 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 a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). II. Regulatory Information FMCSA publishes this direct final rule under 49 CFR 389.39 because the Agency determined that the rule is a routine and non-controversial amendment to 49 CFR part 375. The rule reduces the record retention period in 49 CFR 375.213(e)(3) from three years to one year to harmonize it with the retention period required for other household goods shipping documents. It also clarifies that a household goods motor carrier is not required to retain waiver documentation from an individual shipper for whom the carrier does not transport household goods or provide related services. FMCSA does not expect any adverse comments to this rule because it merely makes this recordkeeping requirement consistent with others in 49 CFR part 375. If no adverse comments, or notices of intent to submit an adverse comment, are received by August 15, 2012, this rule will become effective as stated in the DATES section. In that case, approximately 30 days before the effective date, we will publish a document in the Federal Register stating that no adverse comments were received and confirming that this rule will become effective as scheduled. However, if we receive any adverse comments or notices of intent to submit an adverse comment, we will publish a document in the Federal Register announcing the withdrawal of all or part of this direct final rule. If we decide to proceed with a rulemaking following receipt of any adverse comments, we will publish a separate notice of proposed rulemaking (NPRM) and PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 provide a new opportunity for comment. A comment is considered ‘‘adverse’’ if the comment explains why this rule or a part of this rule would be inappropriate, including a challenge to its underlying premise or approach, or would be ineffective or unacceptable without a change. III. Legal Basis for the Rulemaking The Secretary of Transportation’s (Secretary) general jurisdiction to establish regulations over transportation of property by motor carrier is found at 49 U.S.C. 13501. Household goods motor carriers are a subset of all property motor carriers and are required by 49 U.S.C. 13902 to register with FMCSA as HHG motor carriers. The Secretary’s authority to inspect, copy and set retention periods for HHG motor carriers’ records is found at 49 U.S.C. 14122. This rulemaking only applies to HHG motor carriers that provide for-hire transportation in interstate or foreign commerce. This rulemaking is based on the statutory provisions cited above and on the Household Goods Mover Oversight Enforcement and Reform Act of 2005, Title IV, Subtitle B of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59). Section 4205 of SAFETEA–LU, codified at 49 U.S.C. 14104(b)(2), requires HHG motor carriers to distribute the following two FMCSA consumer pamphlets to prospective shippers: ‘‘Your Rights and Responsibilities When You Move,’’ and ‘‘Ready to Move?— Tips for a Successful Interstate Move.’’ The Secretary has delegated these various authorities to the FMCSA Administrator (49 CFR 1.73(a)). IV. Background On November 29, 2010, FMCSA published a final rule entitled ‘‘Brokers of Household Goods Transportation by Motor Vehicle’’ (73 FR 72987). That rule amended FMCSA’s regulations to require HHG brokers to comply with certain consumer protection requirements. As a part of that rule, FMCSA also amended existing regulations to permit HHG motor carriers to provide FMCSA’s consumer protection publications by Internet in place of paper copies (49 CFR 375.213(a) and (b)). In accordance with that rule, if an individual shipper elects to waive physical receipt of the consumer protection information and instead chooses to access the information via hyperlink on the Internet, HHG motor carriers must obtain a signed paper or electronic E:\FR\FM\16JYR1.SGM 16JYR1 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES receipt from the shipper documenting this waiver (49 CFR 375.213(e)(2)). Household goods motor carriers must keep this receipt on file for three years (49 CFR 375.213(e)(3)). On January 11, 2011, the American Moving and Storage Association (AMSA) submitted a petition for rulemaking to amend 49 CFR 375.213(e). AMSA requested that FMCSA reduce the retention period for the waiver documentation from three years to one year to harmonize this requirement with other one-year document retention requirements in 49 CFR part 375. AMSA also requested that FMCSA amend § 375.213(e)(3) to clarify that household goods motor carriers are only required to retain receipts from those shippers for whom they actually provide moving services. A copy of AMSA’s current petition is in Docket FMCSA–2011–0313, as well as Docket FMCSA–2004–17008. V. Discussion of the Rule FMCSA amends 49 CFR 375.213(e)(3) by reducing the retention period 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.’’ This change would harmonize this requirement with other requirements in part 375 that require HHG motor carriers to retain shipping documents for only one year. See, for example, 49 CFR 375.403(c) (binding estimates); § 375.405(d) (non-binding estimates); and § 375.501(g) (orders for service). FMCSA does not believe that any valid consumer protection purpose would be served by requiring HHG motor carriers to retain the consumer protection waiver receipt documentation two years longer than the other documentation about a shipper’s move. In any event, without the other documentation related to a shipper’s move, FMCSA would be limited in its ability to use the waiver for enforcement purposes. FMCSA also amends 49 CFR 375.213(e)(3) by clarifying that a HHG motor carrier that obtains a signed waiver from a shipper is required to comply with the retention requirements in § 375.213(e)(3) only if the carrier actually provides moving services to the shipper. FMCSA estimates that shippers solicit approximately three estimates from different household goods carriers before choosing one. The Agency does not believe there are any significant consumer protection benefits associated with requiring a HHG carrier to retain receipts for prospective shippers that VerDate Mar<15>2010 14:23 Jul 13, 2012 Jkt 226001 ultimately do not use its services. As a result, § 375.213(e)(3) no longer requires HHG carriers to retain receipts from shippers who decide not to use that particular HHG motor carrier. VI. Regulatory Analyses Executive Order (E.O.) (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures FMCSA has determined that this direct final rule is not a ‘‘significant regulatory action’’ within the meaning of Executive Order (E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within the meaning of DOT regulatory policies and procedures. The estimated cost or benefit of the direct final rule is not expected to exceed the $100 million annual threshold for economic significance; therefore, any costs or benefits associated with the rule are expected to be minimal. Moreover, the Agency does not expect the direct final rule to generate substantial Congressional or public interest. Therefore, this rule has not been formally reviewed by the Office of Management and Budget. No expenditures are required of the affected population because this rule reduces a regulatory burden. Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857), FMCSA is not required to prepare a final regulatory flexibility analysis under 5 U.S.C. 604(a) for this final rule because the agency has not issued a notice of proposed rulemaking prior to this action. Unfunded Mandates Reform Act FMCSA is not required to prepare an assessment under the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531, et seq., evaluating a discretionary regulatory action because the Agency has not issued an NPRM prior to this action. E.O. 13132 (Federalism) A rule has implications for Federalism under Section 1(a) of E.O. 13132 if it has ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA has determined that this rule would not have substantial direct effects on States, nor would it limit the policymaking PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 41701 discretion of States. Nothing in this document preempts any State law or regulation. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), a Federal agency must obtain approval from the Office of Management and Budget (OMB) for each collection of information it conducts, sponsors, or requires through regulations. The FMCSA seeks approval of the collection of information requirements in this direct final rule to generate, maintain, retain, disclose, and provide information to, or for, the agency under 49 CFR part 375. The information collected will assist individual household goods shippers in their commercial dealings with interstate household goods carriers, thereby providing a desirable consumer protection service. The collection of information would be used by prospective household goods shippers to make informed decisions about contracts and services to be ordered, executed, and settled within the interstate household goods carrier industry. FMCSA estimates there are approximately 6,000 active household goods carriers.1 This direct final rule reducing the record retention time from 3 years to one year results in a smaller burden on the HHG motor carrier industry. However, necessary adjustments were made to baseline annual burden and cost estimates because the Agency previously failed to account for the paperwork burden/ reduction the November 29, 2010, final rule ‘‘Brokers of Household Goods Transportation by Motor Vehicle’’ (73 FR 72987) would have on household goods carriers who provide consumers electronic access to the mandated consumer protection information. FMCSA has calculated a program adjustment decrease of 31,900 estimated annual burden hours [5,524,500 proposed estimated annual burden hours—5,556,400 currently-approved estimated annual burden hours = (31,900)] and a decrease of $5,328,000 in estimated annual costs to respondents [$4,516,000 proposed annual cost to respondents—$9,844,000 currently-approved annual cost to respondents = ¥$5,328,000].2 The Agency has updated its baseline for burden estimates and costs to respondents in regard to consumers 1 Three year average for 2008—2010. See https:// www.fmcsa.dot.gov/documents/facts-research/ CMV-Facts.pdf. 2 See https://www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201007-2126-002. E:\FR\FM\16JYR1.SGM 16JYR1 41702 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations (shippers) requesting either printed or electronic copies of Federal consumer protection information, specifically, Department of Transportation publications FMCSA–ESA–03–005 entitled ‘‘Ready to Move?’’ and FMCSA– ESA–03–006 ‘‘Your Rights and Responsibilities When You Move.’’ The Agency estimates that forty percent of consumers will request printed copies and the remaining sixty percent will request electronic copies. HHG motor carriers may provide a hyperlink directed to each of these documents from their Web sites, but are required to approved Information Collection Request (ICR). Table 1 summarizes the revision to annual burden estimates for IC1: ‘‘Required Information for Prospective Individual Shippers’’ based on Agency errors found in the calculations done in 2010. A detailed analysis of the burden hours can be found in the Paperwork Reduction Act supporting statement that corresponds with this direct final rule. The supporting statement and its attachments are in the docket associated with this direct final rule (Docket No. FMCSA–2011–0313). obtain a receipt that indicates verification of the shipper’s agreement to access the Federal consumer protection information on the Internet. Although an increase in burden hours is associated with carriers providing hyperlinks, obtaining, and retaining receipts from shippers who elect to access these publications electronically, there is a substantial reduction in material costs from producing and storing documents. In addition to these adjustments, the Agency identified and corrected a calculation error regarding annual burden hours in the currently TABLE 1—SUMMARY OF REVISIONS TO ANNUAL HOURLY BURDEN ESTIMATES DUE TO AGENCY ERRORS Collection Old burden Revision due to error Revision due to agency error (old— error) IC1: ‘‘Ready to Move?’’ ................................................................................................................ ‘‘Rights & Responsibilities’’ ................................................................................................... Complaint & Inquiry Program Summary .............................................................................. Arbitration Procedure Summary ........................................................................................... Create Summaries ................................................................................................................ Website Hyperlink ................................................................................................................. Signed Receipts ................................................................................................................... 3,000 68,000 1,000 1,000 2,400 0 ........................ 0 ¥34,000 ¥500 ¥500 0 0 0 3,000 34,000 500 500 2,400 0 0 Total for IC1 .................................................................................................................. 75,400 ¥35,000 40,400 Table 2 below summarizes the revisions to annual burden estimates based on the Household Goods Broker final rule of November 29, 2010. The direct final rule to reduce the record retention period for receipts from three years to one year does not affect the annual burden hour estimates, only the capital costs shown in Table 3. TABLE 2—SUMMARY OF REVISIONS TO ANNUAL HOURLY BURDEN ESTIMATES BASED ON HHG BROKER FINAL RULE OF NOVEMBER 29, 2010 Revision due to agency error Collection Revision due to HHG broker final rule Total after HHG broker final rule (error—HHG broker final rule) IC1: 3,000 34,000 500 500 2,400 0 0 ¥1,500 ¥20,400 0 0 0 1,000 24,000 1,500 13,600 500 500 2,400 1,000 24,000 Total for IC1 .................................................................................................................. wreier-aviles on DSK5TPTVN1PROD with RULES ‘‘Ready to Move?’’ ................................................................................................................ ‘‘Rights & Responsibilities’’ ................................................................................................... Complaint & Inquiry Program Summary .............................................................................. Arbitration Procedure Summary ........................................................................................... Create Summaries ................................................................................................................ Website Hyperlink ................................................................................................................. Signed Receipts ................................................................................................................... 40,400 3,100 43,500 Table 3 summarizes the revision to annual costs to respondents. Revisions are due to consumer requests for electronic pamphlets instead of printed ones. A detailed analysis of annual costs VerDate Mar<15>2010 14:23 Jul 13, 2012 Jkt 226001 can be found in the Paperwork Reduction Act supporting statement that corresponds with this direct final rule. The supporting statement and its attachments are in the docket associated PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 with this direct final rule (Docket No. FMCSA–2011–0313). E:\FR\FM\16JYR1.SGM 16JYR1 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations 41703 TABLE 3—SUMMARY OF REVISIONS OF ESTIMATES OF ANNUAL COSTS TO RESPONDENTS Collection New cost Old cost Total cost reduction (new—old) IC1: ‘‘Ready to Move?’’ ................................................................................................................ ‘‘Rights & Responsibilities’’ ................................................................................................... Complaint & Inquiry Program Summary .............................................................................. Arbitration Procedure Summary ........................................................................................... $288,000 3,264,000 120,000 120,000 $720,000 8,160,000 120,000 120,000 ¥$432,000 ¥4,896,000 0 0 Total Capital Costs for IC1 ............................................................................................ 3,792,000 9,120,000 ¥5,328,000 We particularly request your comments on whether the collection of information is necessary for the FMCSA to meet the goal of 49 CFR part 375 to protect consumers, including: (1) Whether the information is useful to this goal; (2) the accuracy of the estimate of the burden of the information collection; (3) ways to enhance the quality, utility and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. You may submit comments on the information collection burden addressed by this direct final rule to the Office of Management and Budget (OMB). The OMB must receive your comments by September 14, 2012. You must mail or hand deliver your comments to: Attention: Desk Officer for the Department of Transportation, Docket Library, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, 725 17th Street NW., Washington, DC 20503. Please also provide a copy of your comments on the information collection burden addressed by this direct final rule to docket FMCSA– 2011–0313 in www.regulations.gov by one of the four ways shown above under the ADDRESSES heading. wreier-aviles on DSK5TPTVN1PROD with RULES National Environmental Policy Act and Clean Air Act FMCSA analyzed this rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The Agency has determined under its environmental procedures Order 5610.1, published March 1, 2004 in the Federal Register (69 FR 9680), that this action is categorically excluded (CE) from further environmental documentation under Appendix 2, Paragraph 6(q) of the Order (69 FR 9703). This CE relates to regulations implementing record preservation procedures for household goods freight forwarders, brokers, and VerDate Mar<15>2010 14:23 Jul 13, 2012 Jkt 226001 motor carriers, including record types and retention periods. In addition, the Agency believes this rule includes no extraordinary circumstances that will have any effect on the quality of the environment. Thus, the action does not require an environmental assessment or an environmental impact statement. FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA’s general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants. E.O. 13211 (Energy Effects) FMCSA has analyzed this direct final rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, no Statement of Energy Effects is required. E.O. 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. As discussed previously, this direct final rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, FMCSA does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E.O. 12988 (Civil Justice Reform) This final rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. E.O. 12630 (Taking of Private Property) FMCSA reviewed this final rule in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not affect a taking of private property or otherwise have taking implications. Privacy Impact Assessment FMCSA conducted a privacy impact assessment of this rule as required by section 522(a)(5) of the FY 2005 Omnibus Appropriations Act, Public Law 108–447, 118 Stat. 3268 (Dec. 8, 2004) [set out as a note to 5 U.S.C. 552a]. Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108–447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. This rule does not require the collection of any personally identifiable information. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency which receives records contained in a system of records from a Federal agency for use in a matching program. FMCSA has determined this rule will not result in a new or revised Privacy Act System of Records for FMCSA. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. List of Subjects in 49 CFR Part 375 Advertising, Arbitration, Consumer protection, Freight, Highways and roads, Insurance, Motor carriers, Moving E:\FR\FM\16JYR1.SGM 16JYR1 41704 Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations of household goods, Reporting and recordkeeping requirements. VII. The Final Rule For the reasons stated in the preamble, FMCSA amends 49 CFR part 375 in title 49, Code of Federal Regulations, chapter III, subchapter B, as follows: PART 375—TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS 1. The authority citation for part 375 continues to read as follows: ■ Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902, 14104, 14706, 14708; subtitle B, title IV of Pub. L. 109–59; and 49 CFR 1.73. 2. Revise § 375.213, paragraph (e)(3), to read as follows: ■ § 375.213 What information must I provide to a prospective individual shipper? * * * * * (e) * * * (3) You must maintain the signed receipt required by paragraph (e)(2) of this section for one year from the date the individual shipper signs the receipt. You are not required to maintain the signed receipt when you do not actually transport household goods or perform related services for the individual shipper who signed the receipt. Issued on: July 6, 2012. Anne S. Ferro, Administrator. [FR Doc. 2012–17268 Filed 7–13–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 120109034–2171–01] RIN 0648–XC077 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment of Georges Bank Yellowtail Flounder Annual Catch Limits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment of annual catch limits. wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: NMFS announces adjustments to the 2012 fishing year SUMMARY: VerDate Mar<15>2010 14:23 Jul 13, 2012 Jkt 226001 (FY) Georges Bank (GB) yellowtail flounder annual catch limits (ACLs) for the Atlantic scallop and Northeast (NE) multispecies fisheries. This action is based on new projections of the expected catch of GB yellowtail flounder by the scallop fishery and is consistent with a request for the ACL adjustments from the New England Fishery Management Council (Council). The intent is to provide additional harvest opportunity to the NE multispecies fishery while ensuring sufficient amounts of GB yellowtail flounder are available for the scallop fishery. DATES: Effective July 13, 2012, through April 30, 2013. FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management Specialist, (978) 675–2153, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Background The GB yellowtail catch limit for U.S. fisheries, commonly called quotas, are set through an agreement process with Canada as part of the U.S./Canada Resource Sharing Understanding (Understanding). Scientists from both countries conduct a joint assessment of the transboundary stock and provide advice on catch level recommendations to a joint U.S. and Canadian committee called the Transboundary Management Guidance Committee (TMGC). The TMGC establishes an overall quota, called the Total Shared Total Allowable Catch (TAC), which is then subdivided to the two countries using an agreedupon allocation formula. For FY 2012, the U.S. portion of this quota is 564 mt. The Council makes recommendations to NMFS on further partitioning the U.S. GB yellowtail quota between the NE multispecies, scallop, and other fisheries. The allocation to the scallop fishery, known as the sub-ACL, is specified in regulations to be set at an amount equal to 90 percent of the projected need by that fishery, to maximize scallop catch. The groundfish sub-ACL is determined after deducting the sub-ACL allocated to the scallop fishery and the sub-ACLs allocated to the state-waters fisheries and nongroundfish fisheries. Framework Adjustment (FW) 44 to the NE Multispecies Fishery Management Plan (FMP), implemented May 1, 2010 (75 FR 18356), established the current sub-ACL allocation to the scallop fishery at 307.5 mt. FW 47 to the FMP, implemented May 2, 2012 (77 FR 26104), established the 2012 FY GB yellowtail flounder subACL for the groundfish fishery at 217.7 mt. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Scallop fishing vessels, which catch GB yellowtail flounder while fishing for scallops, are required to retain all legalsized yellowtail flounder they catch. All yellowtail flounder caught by scallop vessels, including those discarded at sea, are counted against the scallop fishery’s sub-ACL. The majority of groundfish vessels catch GB yellowtail flounder in trawl nets, either as incidental catch while targeting other groundfish stocks, or while targeting GB yellowtail flounder. Almost all of the GB yellowtail flounder caught by NE multispecies fishing vessels are caught by vessels participating in the sector program. Sectors receive an Annual Catch Entitlement (ACE) for each regulated groundfish species allocated, including GB yellowtail flounder in the GB broad stock area. The amount of ACE varies by sector. When a sector has caught its entire available ACE for a given stock, vessels in that sector can no longer fish within the applicable stock area for that fish stock. The amount of the sub-ACL allocated to groundfish vessels, therefore, can be constraining on sector vessels that are fishing for other groundfish species, or that are targeting GB yellowtail flounder. During the April 25, 2012, Council meeting in Mystic, CT, members of the NE multispecies fishing industry expressed concern to the Council that the 2012 NE multispecies GB yellowtail flounder sub-ACL of 217.7 mt is too low. Given this concern and indications that the scallop fishery sub-ACL for GB yellowtail flounder may be higher than needed by the scallop fishery in light of more current catch information, the Council requested that NMFS create a GB yellowtail flounder working group to explore the possibilities of increasing the amount of GB yellowtail sub-ACL allocated to the groundfish fishery. The request suggested that the working group include members from the TMGC, Council Groundfish and Scallop Committees, and NMFS and Council staff. The Council requested that the working group review the possibility of revising the sub-ACLs for the scallop and groundfish fisheries based on new information suggesting that the projections of GB yellowtail flounder catch in the scallop fishery were much higher than needed, and to consider modification of the U.S. and Canadian shares of GB yellowtail flounder established through the Understanding. In response to this request, NMFS formed a working group, which also included fishing industry and nongovernmental organization representatives. The working group held teleconferences on May 11, 2012, and E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Pages 41699-41704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17268]

=======================================================================
-----------------------------------------------------------------------

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; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA amends the regulations governing 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. This change harmonizes the retention period with
other document retention requirements applicable to HHG motor carriers.
FMCSA also amends 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. This
rule responds to a petition filed by the American Moving and Storage
Association (AMSA).

DATES: This final rule is effective November 13, 2012, unless an
adverse comment, or notice of intent to submit an adverse comment, is
either submitted to the above docket via https://www.regulations.gov on
or before August 15, 2012 or reaches the Docket Management Facility by
that date. If an adverse comment, or notice of intent to submit an
adverse comment, is received by August 15, 2012, we will withdraw this
direct final rule and publish a timely notice of withdrawal in the
Federal Register.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2011-0313 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30) West Building Ground
Floor Room W12-140, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., E.T., Monday through Friday,

[[Page 41700]]

except Federal holidays. The telephone number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Comments'' portion of the SUPPLEMENTARY
INFORMATION section below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA Household Goods
Enforcement and Compliance Team Leader, (202) 385-2400.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Comments

If you would like to participate in this rulemaking, you may submit
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2011-0313), indicate the specific section of this
direct final rule to which each 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. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission. As a reminder, FMCSA will only consider adverse
comments as defined in 49 CFR 389.39(b) and explained below.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Final Rule'' and insert ``FMCSA-2011-0313'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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. If you submit them by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.

B. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``FMCSA-2011-0313'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may also view the docket
online 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., Monday through Friday, except Federal holidays.

C. Privacy Act

Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

II. Regulatory Information

FMCSA publishes this direct final rule under 49 CFR 389.39 because
the Agency determined that the rule is a routine and non-controversial
amendment to 49 CFR part 375. The rule reduces the record retention
period in 49 CFR 375.213(e)(3) from three years to one year to
harmonize it with the retention period required for other household
goods shipping documents. It also clarifies that a household goods
motor carrier is not required to retain waiver documentation from an
individual shipper for whom the carrier does not transport household
goods or provide related services. FMCSA does not expect any adverse
comments to this rule because it merely makes this recordkeeping
requirement consistent with others in 49 CFR part 375. If no adverse
comments, or notices of intent to submit an adverse comment, are
received by August 15, 2012, this rule will become effective as stated
in the DATES section. In that case, approximately 30 days before the
effective date, we will publish a document in the Federal Register
stating that no adverse comments were received and confirming that this
rule will become effective as scheduled. However, if we receive any
adverse comments or notices of intent to submit an adverse comment, we
will publish a document in the Federal Register announcing the
withdrawal of all or part of this direct final rule. If we decide to
proceed with a rulemaking following receipt of any adverse comments, we
will publish a separate notice of proposed rulemaking (NPRM) and
provide a new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.

III. Legal Basis for the Rulemaking

The Secretary of Transportation's (Secretary) general jurisdiction
to establish regulations over transportation of property by motor
carrier is found at 49 U.S.C. 13501. Household goods motor carriers are
a subset of all property motor carriers and are required by 49 U.S.C.
13902 to register with FMCSA as HHG motor carriers. The Secretary's
authority to inspect, copy and set retention periods for HHG motor
carriers' records is found at 49 U.S.C. 14122. This rulemaking only
applies to HHG motor carriers that provide for-hire transportation in
interstate or foreign commerce.
This rulemaking is based on the statutory provisions cited above
and on the Household Goods Mover Oversight Enforcement and Reform Act
of 2005, Title IV, Subtitle B of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59). Section 4205 of SAFETEA-LU, codified at 49 U.S.C.
14104(b)(2), requires HHG motor carriers to distribute the following
two FMCSA consumer pamphlets to prospective shippers: ``Your Rights and
Responsibilities When You Move,'' and ``Ready to Move?--Tips for a
Successful Interstate Move.''
The Secretary has delegated these various authorities to the FMCSA
Administrator (49 CFR 1.73(a)).

IV. Background

On November 29, 2010, FMCSA published a final rule entitled
``Brokers of Household Goods Transportation by Motor Vehicle'' (73 FR
72987). That rule amended FMCSA's regulations to require HHG brokers to
comply with certain consumer protection requirements. As a part of that
rule, FMCSA also amended existing regulations to permit HHG motor
carriers to provide FMCSA's consumer protection publications by
Internet in place of paper copies (49 CFR 375.213(a) and (b)). In
accordance with that rule, if an individual shipper elects to waive
physical receipt of the consumer protection information and instead
chooses to access the information via hyperlink on the Internet, HHG
motor carriers must obtain a signed paper or electronic

[[Page 41701]]

receipt from the shipper documenting this waiver (49 CFR
375.213(e)(2)). Household goods motor carriers must keep this receipt
on file for three years (49 CFR 375.213(e)(3)).
On January 11, 2011, the American Moving and Storage Association
(AMSA) submitted a petition for rulemaking to amend 49 CFR 375.213(e).
AMSA requested that FMCSA reduce the retention period for the waiver
documentation from three years to one year to harmonize this
requirement with other one-year document retention requirements in 49
CFR part 375. AMSA also requested that FMCSA amend Sec. 375.213(e)(3)
to clarify that household goods motor carriers are only required to
retain receipts from those shippers for whom they actually provide
moving services.
A copy of AMSA's current petition is in Docket FMCSA-2011-0313, as
well as Docket FMCSA-2004-17008.

V. Discussion of the Rule

FMCSA amends 49 CFR 375.213(e)(3) by reducing the retention period
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.''
This change would harmonize this requirement with other requirements in
part 375 that require HHG motor carriers to retain shipping documents
for only one year. See, for example, 49 CFR 375.403(c) (binding
estimates); Sec. 375.405(d) (non-binding estimates); and Sec.
375.501(g) (orders for service). FMCSA does not believe that any valid
consumer protection purpose would be served by requiring HHG motor
carriers to retain the consumer protection waiver receipt documentation
two years longer than the other documentation about a shipper's move.
In any event, without the other documentation related to a shipper's
move, FMCSA would be limited in its ability to use the waiver for
enforcement purposes.
FMCSA also amends 49 CFR 375.213(e)(3) by clarifying that 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
estimates that shippers solicit approximately three estimates from
different household goods carriers before choosing one. The Agency does
not believe there are any significant consumer protection benefits
associated with requiring a HHG carrier to retain receipts for
prospective shippers that ultimately do not use its services. As a
result, Sec. 375.213(e)(3) no longer requires HHG carriers to retain
receipts from shippers who decide not to use that particular HHG motor
carrier.

VI. Regulatory Analyses

Executive Order (E.O.) (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and DOT
Regulatory Policies and Procedures

FMCSA has determined that this direct final rule is not a
``significant regulatory action'' within the meaning of Executive Order
(E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21,
2011), or within the meaning of DOT regulatory policies and procedures.
The estimated cost or benefit of the direct final rule is not expected
to exceed the $100 million annual threshold for economic significance;
therefore, any costs or benefits associated with the rule are expected
to be minimal. Moreover, the Agency does not expect the direct final
rule to generate substantial Congressional or public interest.
Therefore, this rule has not been formally reviewed by the Office of
Management and Budget. No expenditures are required of the affected
population because this rule reduces a regulatory burden.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
110 Stat. 857), FMCSA is not required to prepare a final regulatory
flexibility analysis under 5 U.S.C. 604(a) for this final rule because
the agency has not issued a notice of proposed rulemaking prior to this
action.

Unfunded Mandates Reform Act

FMCSA is not required to prepare an assessment under the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1531, et seq., evaluating a
discretionary regulatory action because the Agency has not issued an
NPRM prior to this action.

E.O. 13132 (Federalism)

A rule has implications for Federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule would not have
substantial direct effects on States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal agency must obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations.
The FMCSA seeks approval of the collection of information
requirements in this direct final rule to generate, maintain, retain,
disclose, and provide information to, or for, the agency under 49 CFR
part 375. The information collected will assist individual household
goods shippers in their commercial dealings with interstate household
goods carriers, thereby providing a desirable consumer protection
service. The collection of information would be used by prospective
household goods shippers to make informed decisions about contracts and
services to be ordered, executed, and settled within the interstate
household goods carrier industry.
FMCSA estimates there are approximately 6,000 active household
goods carriers.\1\ This direct final rule reducing the record retention
time from 3 years to one year results in a smaller burden on the HHG
motor carrier industry. However, necessary adjustments were made to
baseline annual burden and cost estimates because the Agency previously
failed to account for the paperwork burden/reduction the November 29,
2010, final rule ``Brokers of Household Goods Transportation by Motor
Vehicle'' (73 FR 72987) would have on household goods carriers who
provide consumers electronic access to the mandated consumer protection
information. FMCSA has calculated a program adjustment decrease of
31,900 estimated annual burden hours [5,524,500 proposed estimated
annual burden hours--5,556,400 currently-approved estimated annual
burden hours = (31,900)] and a decrease of $5,328,000 in estimated
annual costs to respondents [$4,516,000 proposed annual cost to
respondents--$9,844,000 currently-approved annual cost to respondents =
-$5,328,000].\2\
---------------------------------------------------------------------------

\1\ Three year average for 2008--2010. See https://www.fmcsa.dot.gov/documents/facts-research/CMV-Facts.pdf.
\2\ See https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201007-2126-002.
---------------------------------------------------------------------------

The Agency has updated its baseline for burden estimates and costs
to respondents in regard to consumers

[[Page 41702]]

(shippers) requesting either printed or electronic copies of Federal
consumer protection information, specifically, Department of
Transportation publications FMCSA-ESA-03-005 entitled ``Ready to
Move?'' and FMCSA-ESA-03-006 ``Your Rights and Responsibilities When
You Move.'' The Agency estimates that forty percent of consumers will
request printed copies and the remaining sixty percent will request
electronic copies. HHG motor carriers may provide a hyperlink directed
to each of these documents from their Web sites, but are required to
obtain a receipt that indicates verification of the shipper's agreement
to access the Federal consumer protection information on the Internet.
Although an increase in burden hours is associated with carriers
providing hyperlinks, obtaining, and retaining receipts from shippers
who elect to access these publications electronically, there is a
substantial reduction in material costs from producing and storing
documents. In addition to these adjustments, the Agency identified and
corrected a calculation error regarding annual burden hours in the
currently approved Information Collection Request (ICR).
Table 1 summarizes the revision to annual burden estimates for IC1:
``Required Information for Prospective Individual Shippers'' based on
Agency errors found in the calculations done in 2010. A detailed
analysis of the burden hours can be found in the Paperwork Reduction
Act supporting statement that corresponds with this direct final rule.
The supporting statement and its attachments are in the docket
associated with this direct final rule (Docket No. FMCSA-2011-0313).

Table 1--Summary of Revisions to Annual Hourly Burden Estimates Due to Agency Errors
----------------------------------------------------------------------------------------------------------------
Revision due
Revision due to agency
Collection Old burden to error error (old--
error)
----------------------------------------------------------------------------------------------------------------
IC1:
``Ready to Move?''.......................................... 3,000 0 3,000
``Rights & Responsibilities''............................... 68,000 -34,000 34,000
Complaint & Inquiry Program Summary......................... 1,000 -500 500
Arbitration Procedure Summary............................... 1,000 -500 500
Create Summaries............................................ 2,400 0 2,400
Website Hyperlink........................................... 0 0 0
Signed Receipts............................................. .............. 0 0
-----------------------------------------------
Total for IC1........................................... 75,400 -35,000 40,400
----------------------------------------------------------------------------------------------------------------

Table 2 below summarizes the revisions to annual burden estimates
based on the Household Goods Broker final rule of November 29, 2010.
The direct final rule to reduce the record retention period for
receipts from three years to one year does not affect the annual burden
hour estimates, only the capital costs shown in Table 3.

Table 2--Summary of Revisions to Annual Hourly Burden Estimates Based on HHG Broker Final Rule of November 29,
2010
----------------------------------------------------------------------------------------------------------------
Total after
HHG broker
Revision due Revision due final rule
Collection to agency to HHG broker (error--HHG
error final rule broker final
rule)
----------------------------------------------------------------------------------------------------------------
IC1:
``Ready to Move?''.......................................... 3,000 -1,500 1,500
``Rights & Responsibilities''............................... 34,000 -20,400 13,600
Complaint & Inquiry Program Summary......................... 500 0 500
Arbitration Procedure Summary............................... 500 0 500
Create Summaries............................................ 2,400 0 2,400
Website Hyperlink........................................... 0 1,000 1,000
Signed Receipts............................................. 0 24,000 24,000
-----------------------------------------------
Total for IC1........................................... 40,400 3,100 43,500
----------------------------------------------------------------------------------------------------------------

Table 3 summarizes the revision to annual costs to respondents.
Revisions are due to consumer requests for electronic pamphlets instead
of printed ones. A detailed analysis of annual costs can be found in
the Paperwork Reduction Act supporting statement that corresponds with
this direct final rule. The supporting statement and its attachments
are in the docket associated with this direct final rule (Docket No.
FMCSA-2011-0313).

[[Page 41703]]

Table 3--Summary of Revisions of Estimates of Annual Costs to Respondents
----------------------------------------------------------------------------------------------------------------
Total cost
Collection New cost Old cost reduction
(new--old)
----------------------------------------------------------------------------------------------------------------
IC1:
``Ready to Move?''.......................................... $288,000 $720,000 -$432,000
``Rights & Responsibilities''............................... 3,264,000 8,160,000 -4,896,000
Complaint & Inquiry Program Summary......................... 120,000 120,000 0
Arbitration Procedure Summary............................... 120,000 120,000 0
-----------------------------------------------
Total Capital Costs for IC1............................. 3,792,000 9,120,000 -5,328,000
----------------------------------------------------------------------------------------------------------------

We particularly request your comments on whether the collection of
information is necessary for the FMCSA to meet the goal of 49 CFR part
375 to protect consumers, including: (1) Whether the information is
useful to this goal; (2) the accuracy of the estimate of the burden of
the information collection; (3) ways to enhance the quality, utility
and clarity of the information collected; and (4) ways to minimize the
burden of the collection of information on respondents, including the
use of automated collection techniques or other forms of information
technology. You may submit comments on the information collection
burden addressed by this direct final rule to the Office of Management
and Budget (OMB). The OMB must receive your comments by September 14,
2012. You must mail or hand deliver your comments to: Attention: Desk
Officer for the Department of Transportation, Docket Library, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Room 10102, 725 17th Street NW., Washington, DC 20503. Please also
provide a copy of your comments on the information collection burden
addressed by this direct final rule to docket FMCSA-2011-0313 in
www.regulations.gov by one of the four ways shown above under the
ADDRESSES heading.

National Environmental Policy Act and Clean Air Act

FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency has determined under its environmental procedures Order 5610.1,
published March 1, 2004 in the Federal Register (69 FR 9680), that this
action is categorically excluded (CE) from further environmental
documentation under Appendix 2, Paragraph 6(q) of the Order (69 FR
9703). This CE relates to regulations implementing record preservation
procedures for household goods freight forwarders, brokers, and motor
carriers, including record types and retention periods. In addition,
the Agency believes this rule includes no extraordinary circumstances
that will have any effect on the quality of the environment. Thus, the
action does not require an environmental assessment or an environmental
impact statement.
FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

E.O. 13211 (Energy Effects)

FMCSA has analyzed this direct final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under E.O. 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Therefore, no Statement of Energy Effects is required.

E.O. 13045 (Protection of Children)

E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. As discussed previously, this direct final rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, FMCSA does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.

E.O. 12988 (Civil Justice Reform)

This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

E.O. 12630 (Taking of Private Property)

FMCSA reviewed this final rule in accordance with Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it will not affect a
taking of private property or otherwise have taking implications.

Privacy Impact Assessment

FMCSA conducted a privacy impact assessment of this rule as
required by section 522(a)(5) of the FY 2005 Omnibus Appropriations
Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004) [set out as a
note to 5 U.S.C. 552a]. Section 522 of title I of division H of the
Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub.
L. 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note) requires the
Agency to conduct a privacy impact assessment (PIA) of a regulation
that will affect the privacy of individuals. This rule does not require
the collection of any personally identifiable information.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

List of Subjects in 49 CFR Part 375

Advertising, Arbitration, Consumer protection, Freight, Highways
and roads, Insurance, Motor carriers, Moving

[[Page 41704]]

of household goods, Reporting and recordkeeping requirements.

VII. The Final Rule

For the reasons stated in the preamble, FMCSA amends 49 CFR part
375 in title 49, Code of Federal Regulations, chapter III, subchapter
B, as follows:

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS

0
1. The authority citation for part 375 continues to read as follows:

Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902,
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49
CFR 1.73.

0
2. Revise Sec. 375.213, paragraph (e)(3), to read as follows:

Sec. 375.213 What information must I provide to a prospective
individual shipper?

* * * * *
(e) * * *
(3) You must maintain the signed receipt required by paragraph
(e)(2) of this section for one year from the date the individual
shipper signs the receipt. You are not required to maintain the signed
receipt when you do not actually transport household goods or perform
related services for the individual shipper who signed the receipt.

Issued on: July 6, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-17268 Filed 7-13-12; 8:45 am]
BILLING CODE 4910-EX-P

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