Transparency in Fees Commercial Motor Vehicle Operators are Charged for Towing and Recovery Services, 47206-47207 [2024-11957]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Pages 47206-47207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11957]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0124]


Transparency in Fees Commercial Motor Vehicle Operators are 
Charged for Towing and Recovery Services

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

ACTION: Notice of public meeting.

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SUMMARY: FMCSA announces a public meeting to engage stakeholders, which 
includes motor carriers, towing and recovery services for commercial 
motor vehicle (CMV) operations, and other interested parties, to get 
their perspective on current industry practices regarding the 
disclosure of towing fees to the CMV owners and whether the owner is 
made aware of costs and fees prior to the tow.

DATES: The meeting will be held on June 21, 2024, from 9 a.m. to 12 
p.m. eastern standard time (EST). A copy of the agenda will be 
available in advance of the meeting at https://www.fmcsa.dot.gov/towingfees/fmcsa-towing-fees-public-meeting. Individuals unable to 
participate in the public meeting may submit written comments to the 
docket listed at the beginning of this notice. Written comments 
concerning the disclosure of towing fees to CMV owners should be 
submitted by July 1, 2024.

ADDRESSES: The meeting will be held at the DOT Headquarters Building, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Those interested 
in attending this public meeting in person should register at https://www.fmcsa.dot.gov/towingfees/fmcsa-towing-fees-public-meeting by 11:59 
p.m. EST, on June 11, 2024. There will be room for 50 persons and there 
will be a virtual option. Attendees should arrive at the DOT 
Headquarters Building by 8:30 a.m. to allow sufficient time to clear 
security.
    Interested parties may submit comments identified by Docket Number 
FMCSA-2024-0124 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0124/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, West Building, Ground Floor, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: (202) 493-2251.
     Submissions Containing Confidential Business Information 
(CBI): Brian Dahlin, Chief, Regulatory Evaluation Division, FMCSA, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods. 
See the ``Confidential Business Information'' portion of the 
SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Larry W. Minor, Associate 
Administrator for Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, 
DC 20590-0001; (202) 366-4012; [email protected].
    Services for individuals with disabilities: For information on 
facilities or services for individuals with disabilities or to request 
special assistance at the meeting, contact Larry W. Minor using one of 
the above means by 11:59 p.m. EST, on June 7, 2024.

SUPPLEMENTARY INFORMATION: 

A. Submitting Comments

    If you want to submit a comment on this subject, please include the 
docket number for this notice (FMCSA-2024-0124). You may submit your 
comments and material online or by fax, mail, or hand delivery, but 
please use only one of these means. FMCSA recommends that you include 
your name and a mailing address, an email address, or a phone number in 
the body of your document so that FMCSA can contact you if there are 
questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2024-0124/document, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. FMCSA will consider all comments and 
material received during the comment period.

[[Page 47207]]

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to this notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, it is important that you clearly designate 
the submitted comments as CBI. Please mark each page of your submission 
that constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket for this meeting. Submissions containing CBI should 
be sent to Brian Dahlin, Chief, Regulatory Analysis Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
Any comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket.

B. Viewing Comments and Documents

    To view comments, as well as notes from this public meeting, go to 
https://www.regulations.gov/docket/FMCSA-2024-0124/document and choose 
the document to review. To view comments, click this notice, and click 
``Browse Comments.'' If you do not have access to the internet, you may 
view the docket online by visiting Dockets Operations on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, 
DC 20590, between 9 a.m. and 5 p.m. EST, Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    DOT posts comments received, 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.transportation.gov/privacy. The comments are posted without edit 
and are searchable by the name of the submitter.

D. Background

    On November 9, 2023, the Federal Trade Commission published a 
notice of proposed rulemaking (NPRM), ``Rule on Unfair or Deceptive 
Fees,'' which would prohibit unfair or deceptive practices relating to 
fees for goods or services, specifically, misrepresenting the total 
costs of goods and services by omitting mandatory fees from advertised 
prices and misrepresenting the nature and purpose of fees (88 FR 
77420). On February 7, 2024, FMCSA submitted comments in response to 
the NPRM. A copy of the FMCSA comments is included in the public docket 
identified above.
    FMCSA believes FTC's proposed regulation may significantly benefit 
the Agency's regulated community, specifically as it relates to the 
predatory towing practices that have a substantial financial impact on 
CMV owners and operators. There are two contexts in which predatory 
towing of CMVs may take place: consensual or nonconsensual. The 
consensual context usually occurs following a vehicle accident or 
malfunction where the CMV owner or operator has requested towing 
service and given permission for the towing company to tow the vehicle. 
The nonconsensual context most often occurs when an unlawfully parked 
vehicle is removed from public or private property at the request of a 
law enforcement officer or a property owner and the CMV owner or 
operator has not given permission for the towing.
    Once towed, CMV owners and operators are in a very vulnerable 
position and highly susceptible to predation. Predatory towing 
companies can use their possession of the vehicle as leverage to price 
gouge and otherwise prey upon CMV owners and operators who are in no 
position to push back. The nature of the business means that when CMV 
owners' and operators' vehicles are towed, they are typically not 
dealing with companies with which they have established business 
relationships. Many CMV owners and operators drive long distances and 
travel interstate, and, accordingly, may find their vehicles in need of 
towing without a familiar towing company nearby. The Agency believes 
these circumstances set the stage for predatory towing incidents.
    FMCSA also notes that towing companies have taken issue with this 
characterization of the fees towing companies charge. Their lead trade 
association for the towing and recovery industry acknowledges that 
there are towing companies that engage in predatory behavior but that 
some of the fees identified by FMCSA are valid and necessary for towing 
companies to operate and keep the roads clear of disabled vehicles. The 
towing industry does not believe that the fees charged by towing 
companies are of the nature that the FTC should regulate in its 
rulemaking.

Public Meeting Information

    This meeting is intended for interested parties, including motor 
carriers and representatives of towing and recovery service providers 
to discuss common trends in invoicing in commercial towing 
circumstances, with the aim of learning about trends in particular 
regions or in particular types of tows (e.g., commercial vehicle tows 
in response to traffic incidents, non-emergency tows). FMCSA believes 
predatory towing negatively impacts CMV drivers and trucking companies 
and that this practice is detrimental to the overall health of the 
trucking industry. To the extent that tow truck companies are charging 
legitimate fees, those fees should be transparent and well-
communicated. Therefore, consistent with the Agency's safety mission, 
FMCSA encourages interested parties to participate in this dialogue and 
to share information on current practices and the impact these hidden 
fees have on small businesses' ability to operate safely. FMCSA intends 
for this meeting to serve as a forum for diverse stakeholders to 
interact and identify fees and practices that are legitimate and 
necessary to keep the roads clear of disabled vehicles, while 
establishing best practices to prevent rogue industry participants from 
engaging in predatory behavior by charging unfair or deceptive fees.
    The full meeting agenda will be available on the registration site 
(see ADDRESSES above for instructions on meeting registration) in 
advance of the meeting.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-11957 Filed 5-30-24; 8:45 am]
BILLING CODE 4910-EX-P