Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements, 51706 [2012-21031]

Download as PDF 51706 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations reviewing the one set of adverse comments received from SJ Consulting Group, the agency has determined that it would be inappropriate to allow the direct final rule to take effect. SJ Consulting Group stated that it uses the quarterly financial information to advise motor carriers, shippers, and persons interested in buying motor carriers. It argued that the quarterly reports provide useful insight into the U.S. trucking industry, such as operating statistics that are not available from other public sources, particularly for private carriers. Although SJ Consulting conceded that says some data on general demand and pricing trends are available from other sources, it argued that quarterly data on the profitability of carriers are essential in providing safe and timely service to shippers, estimating future growth rates, and assessing opportunities for profitable investment in the trucking industry. SJ Consulting has used Form QFR reports for these purposes for many years. FMCSA Response: SJ Consulting submitted an adverse comment with an explanation of why it disagrees with the direct final rule. For this reason, FMCSA withdraws the direct final rule of June 27, 2012, based on the adverse comments of SJ Consulting Group. Issued on: August 15, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–21021 Filed 8–24–12; 8:45 am] BILLING CODE 4910–EX–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Direct final rule; confirmation of effective date. pmangrum on DSK3VPTVN1PROD with RULES AGENCY: 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 SUMMARY: VerDate Mar<15>2010 14:47 Aug 24, 2012 Jkt 226001 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 https://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 § 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383 and 390 [Docket No. FMCSA–2012–0156] RIN 2126–AB53 Gross Combination Weight Rating (GCWR); Definition Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Direct final rule; request for comments. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) amends the definition of ‘‘gross combination weight rating’’ (GCWR) in our regulations. The definition currently prescribes how the GCWR is calculated if the vehicle manufacturer does not include the information on the vehicle certification label required by the National Highway Traffic Safety Administration (NHTSA). The Agency has determined the definition should not include what is essentially guidance that is difficult for the motor carrier and enforcement communities to use. Therefore, FMCSA amends this definition to state that the GCWR is the value specified by the commercial motor vehicle manufacturer. DATES: This rule is effective October 26, 2012, unless an adverse comment or notice of intent to submit an adverse comment, is either submitted to our online docket via https:// www.regulations.gov on or before September 26, 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 September 26, 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– SUMMARY: E:\FR\FM\27AUR1.SGM 27AUR1

Agencies

[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.

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

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 https://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
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