Agency Information Collection Activities; Approval of a Renewal Information Collection Request: Transportation of Household Goods, Consumer Protection, 36654-36655 [2019-15957]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES 36654 Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices pertaining to these registration requirements to FMCSA in 49 CFR 1.73(a)(5). Registered motor carriers, brokers and freight forwarders must designate an agent on whom service of notices in proceedings before the Secretary may be made (49 U.S.C. 13303). Registered motor carriers must also designate an agent for every State in which they operate and traverse in the United States during such operations, agents on whom process issued by a court may be served in actions brought against the registered motor carrier (49 U.S.C. 13304, 49 CFR 366.4T). Every broker shall make a designation for each State in which its offices are located or in which contracts are written (49 U.S.C. 13304, 49 CFR 366.4T). Regulations governing the designation of process agents are found at 49 CFR part 366. This designation is filed with FMCSA on Form BOC–3, ‘‘Designation of Agents for Service of Process.’’ The program decrease in annual burden hours from 18,395 to 6,508 is due to a revised estimate of the number of respondents and responses. Title: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders. OMB Control Number: 2126–0015. Type of Request: Renewal of a currently-approved information collection. Respondents: Motor carriers, freight forwarders and brokers. Estimated Number of Respondents: 39,047. Estimated Time per Response: 10 minutes. Expiration Date: January 31, 2020. Frequency of Response: On occasion. Form BOC–3 must be filed by all motor carriers, freight forwarders and brokers when the transportation entity first registers with the FMCSA. All brokers must make a designation for each State in which it has an office or in which contracts are written. Subsequent filings are made only if the motor carrier, broker or freight forwarder changes process agents. Estimated Total Annual Burden: 6,508 hours [39,047 respondents × 10 minutes per response]. 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 VerDate Sep<11>2014 16:54 Jul 26, 2019 Jkt 247001 or include your comments in the request for OMB’s clearance of this information collection. Issued under the authority of 49 CFR 1.87 on: July 23, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–15956 Filed 7–26–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0356] Agency Information Collection Activities; Approval of a Renewal Information Collection Request: Transportation of Household Goods, Consumer Protection Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: 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 review and approval of the ‘‘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: Please send your comments by August 28, 2019. OMB must receive your comments by this date to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2018–0356. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. SUMMARY: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Monique Riddick, Lead Transportation Specialist, Office of Enforcement and Compliance, Commercial Enforcement and Investigations Division, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Telephone: 202–366–8045; Email Address: monique.riddick@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Summary of Public Comments Received On May 2, 2019, FMCSA published a notice in the Federal Register Docket Number: FMCSA–2018–0356 with a 60day public comment period to announce information collection request for the Transportation Household Goods, Consumer Protection. One commenter responded, the American Moving & Storage Association (AMSA). Three of AMSA’s comments pertained to Household Goods Consumer Protection Working Group recommendations. The Working Group’s report is currently under consideration in the Agency’s concurrence process, therefore FMCSA has made no changes to the proposed renewal. A fourth AMSA comment concerned weighing of shipments. AMSA indicated that weighing a shipment is required on non-binding estimates as outlined in 49 CFR part 375.507 and is used to determine the final charges for the load. However, if transit to the nearest weigh station is considered, this is a significant underestimation as scales in some parts of the country can be up to 30–40 miles away. More study should be required to determine the accurate time burden of this data collection. FMCSA does not have additional information to revise our estimate at this time. Title: Transportation of Household Goods, Consumer Protection. OMB Control Number: 2126–0025. Type of Request: Renewal Collection. Respondents: Household Goods Movers and Consumers. Estimated Number of Respondents: 4,212 household goods movers. Estimated Time per Response: Varies depending on task. Expiration Date: August 31, 2019. Frequency of Response: Once. Estimated Total Annual Burden: 4,282,171 hours [Informational documents provided to prospective shippers at 24,692 hours + Written Cost estimates for prospective shippers at 3,5933,866 hours + Service orders, bills of lading at 621,621 hours + In-transit E:\FR\FM\29JYN1.SGM 29JYN1 Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES service notifications at 17,496 hours + Complaint and inquiry records including establishing records system at 24,496 hours = 4,282,171]. 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.’’ 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 VerDate Sep<11>2014 16:54 Jul 26, 2019 Jkt 247001 Federal requirements for movers that provide interstate transportation of household goods are found in 49 CFR part 375, ‘‘Transportation of Household Goods; Consumer Protection.’’ On July 16, 2012, FMCSA published a Direct Final Rule (DFR) titled, ‘‘Transportation of Household Goods in Interstate Commerce; Consumer Protection: 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. 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 FMCSA to perform its 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 collected information. Issued under the authority delegated in 49 CFR 1.87 on: July 23, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–15957 Filed 7–26–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0027] Hours of Service of Drivers: Application for Renewal of Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption renewal. AGENCY: FMCSA announces its decision to grant WestRock’s request for renewal of its exemption from the hours-of-service (HOS) regulations that prohibit drivers from operating property-carrying commercial motor SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 36655 vehicles (CMVs) after the 14th hour after coming on duty and require 10 hours off-duty before driving. FMCSA renews this limited exemption for WestRock’s shipping department employees and occasional substitute commercial driver’s license (CDL) holders who transport paper mill products short distances between its shipping and receiving locations on a public road. The exemption is restricted to a specific route in Chattanooga, Tennessee. This exemption will allow these individuals to occasionally work up to 16 consecutive hours and be allowed to return to work with less than the mandatory 10 consecutive hours off duty. The Agency previously determined that the CMV operations of WestRock’s drivers under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: This exemption is effective retroactively from April 17, 2019 (12:01 a.m.), through April 16, 2024 (11:59 p.m.). ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. 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. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division, Office of Carrier, Driver and Vehicle Safety Standards, Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2010–0027’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36654-36655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15957]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0356]


Agency Information Collection Activities; Approval of a Renewal 
Information Collection Request: Transportation of Household Goods, 
Consumer Protection

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

ACTION: Notice and request for comments.

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

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 review 
and approval of the ``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: Please send your comments by August 28, 2019. OMB must receive 
your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2018-0356. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to 
[email protected], or faxed to (202) 395-6974, or mailed to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, 
DC 20503.

FOR FURTHER INFORMATION CONTACT: Monique Riddick, Lead Transportation 
Specialist, Office of Enforcement and Compliance, Commercial 
Enforcement and Investigations Division, Department of Transportation, 
Federal Motor Carrier Safety Administration, 6th Floor, West Building, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-
366-8045; Email Address: [email protected]. Office hours are from 
9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: 

Summary of Public Comments Received

    On May 2, 2019, FMCSA published a notice in the Federal Register 
Docket Number: FMCSA-2018-0356 with a 60-day public comment period to 
announce information collection request for the Transportation 
Household Goods, Consumer Protection.
    One commenter responded, the American Moving & Storage Association 
(AMSA). Three of AMSA's comments pertained to Household Goods Consumer 
Protection Working Group recommendations. The Working Group's report is 
currently under consideration in the Agency's concurrence process, 
therefore FMCSA has made no changes to the proposed renewal.
    A fourth AMSA comment concerned weighing of shipments. AMSA 
indicated that weighing a shipment is required on non-binding estimates 
as outlined in 49 CFR part 375.507 and is used to determine the final 
charges for the load. However, if transit to the nearest weigh station 
is considered, this is a significant underestimation as scales in some 
parts of the country can be up to 30-40 miles away. More study should 
be required to determine the accurate time burden of this data 
collection. FMCSA does not have additional information to revise our 
estimate at this time.
    Title: Transportation of Household Goods, Consumer Protection.
    OMB Control Number: 2126-0025.
    Type of Request: Renewal Collection.
    Respondents: Household Goods Movers and Consumers.
    Estimated Number of Respondents: 4,212 household goods movers.
    Estimated Time per Response: Varies depending on task.
    Expiration Date: August 31, 2019.
    Frequency of Response: Once.
    Estimated Total Annual Burden: 4,282,171 hours [Informational 
documents provided to prospective shippers at 24,692 hours + Written 
Cost estimates for prospective shippers at 3,5933,866 hours + Service 
orders, bills of lading at 621,621 hours + In-transit

[[Page 36655]]

service notifications at 17,496 hours + Complaint and inquiry records 
including establishing records system at 24,496 hours = 4,282,171].

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.'' 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.''
    On July 16, 2012, FMCSA published a Direct Final Rule (DFR) titled, 
``Transportation of Household Goods in Interstate Commerce; Consumer 
Protection: 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.
    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 FMCSA to perform its 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 collected information.

    Issued under the authority delegated in 49 CFR 1.87 on: July 23, 
2019.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2019-15957 Filed 7-26-19; 8:45 am]
 BILLING CODE 4910-EX-P


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