Agency Information Collection Activities; Renewal of an Approved Information Collection: Practices of Household Goods Brokers, 45735-45737 [2024-11316]
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Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
that would be achieved by complying
with § 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid (35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 8, 1971), respectively).
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
lotter on DSK11XQN23PROD with NOTICES1
IV. Conclusion
Based upon its evaluation of the 28
renewal exemption applications and
comments received, FMCSA announces
its decision to exempt the following
drivers from the hearing requirement in
§ 391.41(b)(11).
As of April 2, 2024, and in accordance
with 49 U.S.C. 31136(e) and 31315(b),
the following 12 individuals have
satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (89 FR 24565):
Roger Boge (IA)
Johnny Brewer (OH)
Michael Bunjer (MD)
Stephen Daniels (KS)
James Gooch (MO)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Calvin Payne (MD)
Kiley Peterson (IA)
Ronald Rumsey (IA)
Khon Saysanam (TX)
James Schubin (CA)
The drivers were included in docket
number FMCSA–2013–0122, FMCSA–
2013–0125, FMCSA–2015–0327,
FMCSA–2016–0003, FMCSA–2017–
0057, FMCSA–2017–0059, and FMCSA–
2019–0111. Their exemptions were
applicable as of April 2, 2024 and will
expire on April 2, 2026.
As of April 11, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
VerDate Sep<11>2014
18:47 May 22, 2024
Jkt 262001
from the hearing requirement in the
FMCSRs for interstate CMV drivers (89
FR 24565):
Nathaniel Borton (WI)
Lee Desoto (NM)
ZanDraya Pollock (UT)
Adem Rexhepi (IL)
Fernando Rizo (CA)
Arnold Vega (TX)
Larry West (TN)
The drivers were included in docket
number FMCSA–2022–0032. Their
exemptions were applicable as of April
11, 2024 and will expire on April 11,
2026.
As of April 21, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers (89
FR 24565):
Andrew Alcozer (IL); Jacob Paullin
(WI); and Ryan Pope (CA).
The drivers were included in docket
number FMCSA–2013–0121, FMCSA–
2013–0122, and FMCSA–2013–0123.
Their exemptions were applicable as of
April 21, 2024 and will expire on April
21, 2026.
As of April 23, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (89 FR 24565):
Donald Lynch (AR) and Zachary Rietz
(AR).
The drivers were included in docket
number FMCSA–2012–0332. Their
exemptions were applicable as of April
23, 2024 and will expire on April 23,
2026.
As of April 24, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (89 FR 24565):
Oluwatobi Akinsanya (NJ)
Kwinton Carpenter (OH)
Kevin Dent (MS)
Andrey Shevchenko (MN)
The drivers were included in docket
number FMCSA–2013–0124, FMCSA–
2018–0137, or FMCSA–2018–0138.
Their exemptions were applicable as of
April 24, 2024 and will expire on April
24, 2026.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) the person fails to
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
45735
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–11276 Filed 5–22–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0180]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Practices of
Household Goods Brokers
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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. FMCSA requests
OMB’s renewed approval to the ICR
titled ‘‘Practices of Household Brokers,’’
which applies to household goods
(HHG) brokers who are procured by the
public (HHG shippers) to arrange the
transportation of the shipper’s
household goods by HHG motor
carriers. This renewal updates wage
related costs that have changed since
the last approval and revises the
previous information collection total
respondent hourly and cost burden.
FMCSA received two comments in
response to the 60-day Federal Register
notice.
DATES: Comments on this notice must be
received on or before June 24, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
FOR FURTHER INFORMATION CONTACT:
Donnice Wagoner, Commercial
Enforcement and Investigations
SUMMARY:
E:\FR\FM\23MYN1.SGM
23MYN1
45736
Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Division, DOT, FMCSA, West Building
6th Floor MC–SEI, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 366–8045;
donnice.wagoner@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Practices of Household Goods
Brokers.
OMB Control Number: 2126–0048.
Type of Request: Renewal of a
currently approved collection.
Respondents: Brokers of Household
Goods.
Estimated Number of Respondents:
1,256.
Estimated Time per Response: Varies.
Expiration Date: May 31, 2024.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
86,488.
Background:
As a result of Title IV, Subtitle B of
the Safe, Accountable, Flexible,
Efficient, Transportation Equity Act: A
Legacy for Users (SAFETEA–LU) (Pub.
L. 109–59) and a petition for rulemaking
from the American Moving and Storage
Association, FMCSA amended thenexisting regulations for brokers in a final
rule titled, ‘‘Brokers of Household
Goods Transportation by Motor
Vehicles,’’ (75 FR 72987, Nov. 29, 2010),
in 49 CFR part 371 by providing
additional consumer protection
responsibilities for brokers of HHG.
Section 4212 of SAFETEA–LU directs
the Secretary of Transportation to
require HHG brokers to provide
shippers with information throughout
the various stages of their interactions
with shippers. The following phases
summarize the information collection
required by the HHG broker at the
various contractual stages by 49 CFR
371.
I. First Phase: ‘‘Prospecting’’
When a HHG shipper is looking to
procure a HHG broker’s services, the
broker must collect the following
information and display it on its
websites and solicitation materials:
• Its physical address (§ 371.107a);
• Its U.S. DOT license number(s)
(§ 371.107b);
• A statement indicating it will not
transport the shipper’s goods but will
only arrange for goods to be transported
by a registered motor carrier
(§ 371.107c);
• If the broker chooses to publish
rates on its website or solicitation
materials, the broker must also publish
a statement that the rates are based on
a motor carrier’s publicly available rates
(§ 371.107d);
• If the broker chooses to publish a
list of motor carriers it works with, the
list must be a list only of carriers with
VerDate Sep<11>2014
18:47 May 22, 2024
Jkt 262001
which brokers have agreements
(§ 371.107e); and
• Brokers must publish information
regarding their cancellation policies,
including information on deposits and
refunds (§ 371.117a).
II. Second Phase: ‘‘Contact’’
When an HHG shipper makes a
reasonable request seeking additional
information about broker services, the
HHG broker must collect the following
information and distribute it to the HHG
shipper:
• A list of carriers it has agreements
with (§ 371.109a); and
• A statement indicating the broker is
not a carrier and that the broker is only
arranging transportation of shipper’s
goods (§ 371.109b).
III. Third Phase: ‘‘Estimate’’
When an HHG shipper requests an
estimate, the broker must collect the
following information and provide it to
the shipper:
• FMCSA’s published information
material: (1) ‘‘Ready to Move? Tips for
a Successful Interstate Move’’ and (2)
‘‘Your Rights and Responsibilities When
You Move (2022 Update)’’ (§ 371.111a1,
2, and 3);
• A written estimate based on a
physical survey of household items
(§ 371.113a) and published carrier rates
(§ 371.113b); and
• If applicable, a ‘‘Waiver’’ receipt
showing the shipper waived their right
to a physical survey of their household
items (§ 371.113b).
The broker must obtain a signed
document showing that FMCSA’s
published information material was
received by the shipper (§ 371.111c).
IV. Fourth Phase: ‘‘Agreement’’
Should the shipper find the
estimate(s) and broker services
reasonable and wish to book the
broker’s services, the two parties must
enter into an agreement. At this point it
is standard practice for shippers to pay
a deposit or full payment. Before a
deposit is collected, the broker must
collect the following information and
distribute it to the HHG shipper:
• An agreement document with
required specifications as laid out in
§ 371.115; and
• An agreement document which
highlights the broker’s and/or motor
carrier’s refund policy for cancelation of
agreements (§ 371.117a).
V. Fifth Phase: ‘‘Delivery’’
After the broker confirms delivery of
the household goods by the carrier, the
broker must collect the following
information and distribute it to the HHG
shipper:
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Fmt 4703
Sfmt 4703
• A receipt with transaction data,
including cancelation details if the
agreement was canceled as laid out in
§ 371.3.
The complete collection of
information, required by the referenced
regulations, assists shippers in their
business dealings with interstate HHG
brokers. The information collected is
used by prospective shippers to make
informed decisions about contracts,
services ordered, executed, and settled.
The HHG broker is often the primary
contact for individual shippers and in
the best position to educate shippers
and prepare them for a successful move.
The information collection is intended
to combat deceptive business practices
and the information helps enforcement
personnel better protect consumers by
verifying that shippers are receiving
information as required by regulations.
FMCSA revises the total annual
burden to 86,488 hours. This is an
increase of 13,680 annual burden hours
from the currently approved 72,808
burden estimate. The increase is due to
the following:
• FMCSA’s records for HHG brokers
increased from 652 brokers to 1,256
brokers.
Federal Register Notice and Summary
of Public Comments:
On January 22, 2024, FMCSA
published a notice in the Federal
Register announcing a renewal of an
approved ICR regarding the practices of
HHG brokers. 89 FR 3983 (January 22
Notice). FMCSA sought public comment
on the ICR and received two comments
in response to the January 22 Notice.
On March 22, 2024, the American
Trucking Association Moving and
Storage Conference (ATA–MSC) filed a
comment (ATA–MSC comment) in
response to the January 22 Notice.
On March 22, 2024, Mayflower
Transit, LLC and United Van Lines,
LLC, together with their hundreds of
respective statutory disclosed HHG
agents around the country (collectively,
UniGroup), filed a comment (UniGroup
comment) in response to the January 22
Notice.
In their respective comments, ATA–
MSC and UniGroup raised concerns
about the accuracy of the estimated
burden. ATA–MSC indicated that
‘‘while the FMCSA’s ‘‘total annual
burden’’ estimate for ICR is based on a
total number of 1,256 registered
household goods brokers, the ATA–
MSC views the number as falling short
of the actual count of entities providing
household goods brokerage services, as
many entities are operating without the
required registration.’’ ATA–MSC
comment, at 2. UniGroup indicated that
‘‘FMCSA’s accounting of the number of
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 89, No. 101 / Thursday, May 23, 2024 / Notices
registered household goods brokers is
incomplete, in terms of number of
household goods brokers operating in
the U.S. moving market. The number of
registered brokers is foundational to the
ICR’s estimate and as such, the ICR’s
estimate must be considered inaccurate’’
(see UniGroup comment, at 2).
In their respective comments, ATA–
MSC and UniGroup raised concerns
about the accuracy of FMCSA’s phases
summarizing the information collection
required by the HHG broker at the
various contractual stages per 49 CFR
371. UniGroup indicated that ‘‘the
model for broker/shipper interactions
described in the ICR is outdated and not
consistent with current shipper
engagement with brokers.’’ UniGroup
Comment, at 3. ATA–MSC indicated
‘‘that the various phases used by
FMCSA to break down the interaction
between broker and consumer do not
fully represent the method of interaction
that exists today’’ (see ATA–MSC, at 8).
Additionally, ATA–MSC encouraged
FMCSA to ‘‘conduct further research
into the practices and activities of
household goods brokers, especially
those who are engaging in brokerage
activities but are failing to register as
required under law.’’ ATA–MSC
comment, at 7. UniGroup stated that a
‘‘better understanding of how brokers
and moving consumers interact in
today’s digital world will enhance the
Quality used to create the ICR’s
estimates and perhaps more
importantly, better enable FMCSA to
protect consumers’’ (see UniGroup
comment, at 5).
FMCSA continues to assume a
conservative number of non-registered
entities that conduct HHG brokerage
activities to be 12.2 percent of the
number of registered brokers. Per
FMCSA records, if there are 1,119
registered brokers, then there are a total
of 137 non-registered entities that
conduct HHG brokerage activities (1,119
× 0.122 = 136.5). Thus, the total amount
of active HHG brokers is 1,256 (1,119 +
137 = 1,256). FMCSA’s model
summarizing the information collection
required by the HHG broker at various
contractual stages is based on regulatory
requirements and fully represents the
required interaction between an HHG
broker and consumer as outlined in 49
CFR part 371.
FMCSA agrees that further research
into the practices and activities of
registered HHG brokers and nonregistered entities that conduct HHG
brokerage activities could provide
FMCSA with a more in-depth
understanding of how both entities
engage with consumers.
FMCSA looks forward to continuing
to work with stakeholders on issues
related to the practices of HHG brokers.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2024–11316 Filed 5–22–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2024 Competitive Funding
Opportunity: Pilot Program for TransitOriented Development Planning
Federal Transit Administration,
Department of Transportation (DOT).
AGENCY:
45737
Notice of Funding Opportunity
(NOFO).
ACTION:
The Federal Transit
Administration (FTA) announces the
availability of $10,496,164 in Fiscal
Year (FY) 2024 funding under the Pilot
Program for Transit-Oriented
Development Planning (TOD Pilot
Program). As required by Federal public
transportation law and subject to
funding availability, funds will be
awarded competitively to support
comprehensive planning or site-specific
planning associated with new fixed
guideway and core capacity
improvement projects. FTA may award
additional funding that is made
available to the TOD Pilot Program
before the announcement of project
selections.
SUMMARY:
Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. July 22, 2024. Prospective
applicants should initiate the process by
registering on the GRANTS.GOV
website immediately to ensure
completion of the application process
before the submission deadline.
Instructions for applying can be found
on FTA’s website at https://
www.transit.dot.gov/TODPilot and in
the ‘‘FIND’’ module of GRANTS.GOV.
The GRANTS.GOV funding opportunity
ID is FTA–2024–005–TPE–TODP. Mail
and fax submissions will not be
accepted.
DATES:
FOR FURTHER INFORMATION CONTACT:
April McLean-McCoy, FTA Office of
Planning and Environment, (202) 366–
7429, or April.McLeanMcCoy@dot.gov.
A TDD is available at 1–800–877–8339
(TDD/FIRS).
SUPPLEMENTARY INFORMATION:
SUMMARY OVERVIEW OF KEY INFORMATION: PILOT PROGRAM FOR TRANSIT-ORIENTED DEVELOPMENT PLANNING
Program Overview ...............
lotter on DSK11XQN23PROD with NOTICES1
Eligible Applicants ................
Eligible Project Type ............
Funding ................................
Deadline ...............................
The Pilot Program for Transit-Oriented Development Planning (TOD Pilot Program) provides funding to eligible
applicants to create comprehensive planning or site-specific planning studies associated with a new fixed
guideway or core capacity improvement project.
Applicants to the TOD Pilot Program must be a State, U.S. Territory, or local governmental authority as well as
an FTA grant recipient (i.e., existing direct or designated recipients) as of the publication date of this Notice of
Funding Opportunity (NOFO). Additionally, applicants must be the project sponsor of an eligible transit capital
project as defined below in Section C, subsection 3, or an entity with land use planning authority in the project
corridor of an eligible transit capital project.
New fixed guideway and core capacity improvement projects.
TOD Pilot Program: $10,496,164.
Insert Date 60 Days After Publication in the Federal Register.
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
Table of Contents
A. Program Description
VerDate Sep<11>2014
18:47 May 22, 2024
Jkt 262001
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Frm 00112
Fmt 4703
Sfmt 4703
E. Application Review Information
F. Federal Award Administration
Information
E:\FR\FM\23MYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45735-45737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11316]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0180]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Practices of Household Goods Brokers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
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. FMCSA requests OMB's renewed approval to the ICR titled
``Practices of Household Brokers,'' which applies to household goods
(HHG) brokers who are procured by the public (HHG shippers) to arrange
the transportation of the shipper's household goods by HHG motor
carriers. This renewal updates wage related costs that have changed
since the last approval and revises the previous information collection
total respondent hourly and cost burden. FMCSA received two comments in
response to the 60-day Federal Register notice.
DATES: Comments on this notice must be received on or before June 24,
2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Donnice Wagoner, Commercial
Enforcement and Investigations
[[Page 45736]]
Division, DOT, FMCSA, West Building 6th Floor MC-SEI, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; (202) 366-8045;
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Practices of Household Goods Brokers.
OMB Control Number: 2126-0048.
Type of Request: Renewal of a currently approved collection.
Respondents: Brokers of Household Goods.
Estimated Number of Respondents: 1,256.
Estimated Time per Response: Varies.
Expiration Date: May 31, 2024.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 86,488.
Background:
As a result of Title IV, Subtitle B of the Safe, Accountable,
Flexible, Efficient, Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) (Pub. L. 109-59) and a petition for rulemaking from the
American Moving and Storage Association, FMCSA amended then-existing
regulations for brokers in a final rule titled, ``Brokers of Household
Goods Transportation by Motor Vehicles,'' (75 FR 72987, Nov. 29, 2010),
in 49 CFR part 371 by providing additional consumer protection
responsibilities for brokers of HHG.
Section 4212 of SAFETEA-LU directs the Secretary of Transportation
to require HHG brokers to provide shippers with information throughout
the various stages of their interactions with shippers. The following
phases summarize the information collection required by the HHG broker
at the various contractual stages by 49 CFR 371.
I. First Phase: ``Prospecting''
When a HHG shipper is looking to procure a HHG broker's services,
the broker must collect the following information and display it on its
websites and solicitation materials:
Its physical address (Sec. 371.107a);
Its U.S. DOT license number(s) (Sec. 371.107b);
A statement indicating it will not transport the shipper's
goods but will only arrange for goods to be transported by a registered
motor carrier (Sec. 371.107c);
If the broker chooses to publish rates on its website or
solicitation materials, the broker must also publish a statement that
the rates are based on a motor carrier's publicly available rates
(Sec. 371.107d);
If the broker chooses to publish a list of motor carriers
it works with, the list must be a list only of carriers with which
brokers have agreements (Sec. 371.107e); and
Brokers must publish information regarding their
cancellation policies, including information on deposits and refunds
(Sec. 371.117a).
II. Second Phase: ``Contact''
When an HHG shipper makes a reasonable request seeking additional
information about broker services, the HHG broker must collect the
following information and distribute it to the HHG shipper:
A list of carriers it has agreements with (Sec.
371.109a); and
A statement indicating the broker is not a carrier and
that the broker is only arranging transportation of shipper's goods
(Sec. 371.109b).
III. Third Phase: ``Estimate''
When an HHG shipper requests an estimate, the broker must collect
the following information and provide it to the shipper:
FMCSA's published information material: (1) ``Ready to
Move? Tips for a Successful Interstate Move'' and (2) ``Your Rights and
Responsibilities When You Move (2022 Update)'' (Sec. 371.111a1, 2, and
3);
A written estimate based on a physical survey of household
items (Sec. 371.113a) and published carrier rates (Sec. 371.113b);
and
If applicable, a ``Waiver'' receipt showing the shipper
waived their right to a physical survey of their household items (Sec.
371.113b).
The broker must obtain a signed document showing that FMCSA's
published information material was received by the shipper (Sec.
371.111c).
IV. Fourth Phase: ``Agreement''
Should the shipper find the estimate(s) and broker services
reasonable and wish to book the broker's services, the two parties must
enter into an agreement. At this point it is standard practice for
shippers to pay a deposit or full payment. Before a deposit is
collected, the broker must collect the following information and
distribute it to the HHG shipper:
An agreement document with required specifications as laid
out in Sec. 371.115; and
An agreement document which highlights the broker's and/or
motor carrier's refund policy for cancelation of agreements (Sec.
371.117a).
V. Fifth Phase: ``Delivery''
After the broker confirms delivery of the household goods by the
carrier, the broker must collect the following information and
distribute it to the HHG shipper:
A receipt with transaction data, including cancelation
details if the agreement was canceled as laid out in Sec. 371.3.
The complete collection of information, required by the referenced
regulations, assists shippers in their business dealings with
interstate HHG brokers. The information collected is used by
prospective shippers to make informed decisions about contracts,
services ordered, executed, and settled. The HHG broker is often the
primary contact for individual shippers and in the best position to
educate shippers and prepare them for a successful move. The
information collection is intended to combat deceptive business
practices and the information helps enforcement personnel better
protect consumers by verifying that shippers are receiving information
as required by regulations.
FMCSA revises the total annual burden to 86,488 hours. This is an
increase of 13,680 annual burden hours from the currently approved
72,808 burden estimate. The increase is due to the following:
FMCSA's records for HHG brokers increased from 652 brokers
to 1,256 brokers.
Federal Register Notice and Summary of Public Comments:
On January 22, 2024, FMCSA published a notice in the Federal
Register announcing a renewal of an approved ICR regarding the
practices of HHG brokers. 89 FR 3983 (January 22 Notice). FMCSA sought
public comment on the ICR and received two comments in response to the
January 22 Notice.
On March 22, 2024, the American Trucking Association Moving and
Storage Conference (ATA-MSC) filed a comment (ATA-MSC comment) in
response to the January 22 Notice.
On March 22, 2024, Mayflower Transit, LLC and United Van Lines,
LLC, together with their hundreds of respective statutory disclosed HHG
agents around the country (collectively, UniGroup), filed a comment
(UniGroup comment) in response to the January 22 Notice.
In their respective comments, ATA-MSC and UniGroup raised concerns
about the accuracy of the estimated burden. ATA-MSC indicated that
``while the FMCSA's ``total annual burden'' estimate for ICR is based
on a total number of 1,256 registered household goods brokers, the ATA-
MSC views the number as falling short of the actual count of entities
providing household goods brokerage services, as many entities are
operating without the required registration.'' ATA-MSC comment, at 2.
UniGroup indicated that ``FMCSA's accounting of the number of
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registered household goods brokers is incomplete, in terms of number of
household goods brokers operating in the U.S. moving market. The number
of registered brokers is foundational to the ICR's estimate and as
such, the ICR's estimate must be considered inaccurate'' (see UniGroup
comment, at 2).
In their respective comments, ATA-MSC and UniGroup raised concerns
about the accuracy of FMCSA's phases summarizing the information
collection required by the HHG broker at the various contractual stages
per 49 CFR 371. UniGroup indicated that ``the model for broker/shipper
interactions described in the ICR is outdated and not consistent with
current shipper engagement with brokers.'' UniGroup Comment, at 3. ATA-
MSC indicated ``that the various phases used by FMCSA to break down the
interaction between broker and consumer do not fully represent the
method of interaction that exists today'' (see ATA-MSC, at 8).
Additionally, ATA-MSC encouraged FMCSA to ``conduct further
research into the practices and activities of household goods brokers,
especially those who are engaging in brokerage activities but are
failing to register as required under law.'' ATA-MSC comment, at 7.
UniGroup stated that a ``better understanding of how brokers and moving
consumers interact in today's digital world will enhance the Quality
used to create the ICR's estimates and perhaps more importantly, better
enable FMCSA to protect consumers'' (see UniGroup comment, at 5).
FMCSA continues to assume a conservative number of non-registered
entities that conduct HHG brokerage activities to be 12.2 percent of
the number of registered brokers. Per FMCSA records, if there are 1,119
registered brokers, then there are a total of 137 non-registered
entities that conduct HHG brokerage activities (1,119 x 0.122 = 136.5).
Thus, the total amount of active HHG brokers is 1,256 (1,119 + 137 =
1,256). FMCSA's model summarizing the information collection required
by the HHG broker at various contractual stages is based on regulatory
requirements and fully represents the required interaction between an
HHG broker and consumer as outlined in 49 CFR part 371.
FMCSA agrees that further research into the practices and
activities of registered HHG brokers and non-registered entities that
conduct HHG brokerage activities could provide FMCSA with a more in-
depth understanding of how both entities engage with consumers.
FMCSA looks forward to continuing to work with stakeholders on
issues related to the practices of HHG brokers.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-11316 Filed 5-22-24; 8:45 am]
BILLING CODE 4910-EX-P
