30-day Federal Register Notice

PRA-2126-0025-30dayFR.DFR.Records.Pub.121312.pdf

Transportation of Household Goods; Consumer Protection

30-day Federal Register Notice

OMB: 2126-0025

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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices
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
information to be collected; and (4)
ways that the estimated annual burden
could be minimized without reducing
the quality of the collected information.
Issued on: December 3, 2012.
Kelly Leone,
Associate Administrator for Office of
Research and Information Technology.

SUPPLEMENTARY INFORMATION:

[FR Doc. 2012–30143 Filed 12–12–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0313]

Agency Information Collection
Activities; Revision of a CurrentlyApproved 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
(PRA), FMCSA announces its plan to
submit the Information Collection
Request (ICR) described below to the
Office of Management and Budget
(OMB) for its review and approval. The
FMCSA requests approval to revise an
ICR entitled, ‘‘Transportation of
Household Goods; Consumer
Protection.’’ The information collected
will be used to help regulate motor
carriers transporting household goods
(HHG) for individual shippers.
DATES: Please send your comments by
January 14, 2013. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2011–0313. 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/Office of the Secretary,

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and sent via electronic mail to http://
www.regulations.gov or faxed to (202)
395–7245, 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: Mr.
Brodie Mack, Commercial Enforcement
Division, Federal Motor Carrier Safety
Administration, West Building 6th
Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–366–8045; email
[email protected].
Title: Transportation of Household
Goods; Consumer Protection.
OMB Control Number: 2126–0025.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: 6,000 household goods
movers.
Estimated Time per Response: Varies
from 5 minutes to display assigned U.S.
DOT number in created advertisement
to 12.5 minutes to distribute consumer
publication.
Expiration Date: December 31, 2013.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
5,524,500 hours [Informational
documents provided to prospective
shippers at 43,500 hours + Written Cost
estimates for prospective shippers at
4,620,000 hours + Service orders, bills
of lading at 805,300 hours + In-transit
service notifications at 22,600 hours +
Complaint and inquiry records
including establishing records system at
32,700 hours + Household Goods—
Consumer Complaint Form MCSA–2P at
400 hours = 5,524,500].
Background: The Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1749, December 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). Prior to FMCSA’s
establishment, the Secretary delegated
this household goods jurisdiction to the
Federal Highway Administration,
FMCSA’s predecessor organization
within DOT.
Sections 4202 through 4216 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat. 1144,

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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
Regulation.’’ On July 16, 2012, FMCSA
published a Direct Final Rule (DFR)
entitled, ‘‘Transportation of Household
Goods in Interstate Commerce;
Consumer Protection Regulations:
Household Goods Motor Carrier Record
Retention Requirements,’’ in the Federal
Register (77 FR 41699). The rule
amends 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
harmonizes 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 DFR.
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 or include your comments in

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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Notices

the request for OMB’s clearance of this
information collection.
Issued on: December 7, 2012.
Kelly Leone,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2012–30148 Filed 12–12–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0379]

Agency Information Collection
Activities; Revision of a CurrentlyApproved Information Collection
Request: Financial Responsibility for
Motor Carriers of Passengers and
Motor Carriers of Property
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 its
review and approval and invites public
comment. The information collected
will be used to help ensure that motor
carriers of passengers and property
maintain appropriate levels of financial
responsibility to operate on public
highways.

SUMMARY:

We must receive your comments
on or before February 11, 2013.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2012–0379 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140, 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m. e.t., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,

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see the Public Participation heading
below. Note that all comments received
will be posted without change to
http://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all 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 DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://
edocket.access.gpo.gov/2008/pdfE8794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Ms.
Tura Gatling and Gerald Folsom, Ph.D.,
Office of Registration and Safety
Information, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–385–2405/2412; email
[email protected] and
[email protected].
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimal levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage and
environment restoration, and (2) for-hire
motor carriers of passengers to cover
public liability and property damage.
The Endorsement for Motor Carrier
Policies of Insurance for Public Liability
(Forms MCS–90/90B) and the Motor

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Carrier Public Liability Surety Bond
(Forms MCS–82/82B) contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (motor carriers of property—
49 CFR 387.9; and motor carrier of
passengers—49 CFR 387.33). FMCSA
and the public can verify that a motor
carrier of property or passengers has
obtained, and has in effect, the required
minimum levels of financial
responsibility, by use of the information
enclosed within these documents.
Title: Financial Responsibility for
Motor Carrier of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126–0008.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Insurance and surety
companies of motor carriers of property
(Forms MCS–90 and MCS–82) and
motor carriers of passengers (Forms
MCS–90B and MCS–82B).
Estimated Number of Respondents:
6,074.
Estimated Time per Response: The
FMCSA estimates it takes two minutes
to complete the Endorsement for Motor
Carrier Policies of Insurances for Public
Liability or three minutes for the Motor
Carrier Public Liability Surety Bond;
and one minute to place either
document on board the vehicle (foreigndomiciled motor carriers only) [49 CFR
387.7(f)]. These endorsements are
maintained at the motor carrier’s
principal place of business [49 CFR
387.7 (iii) (d)].
Expiration Date: March 31, 2013.
Frequency of Response: Upon
creation, change or replacement of an
insurance policy or surety bond.
Estimated Total Annual Burden:
4,480 hours [(3,874 annual burden
hours for Form MCS–90B, Form MCS–
90, Form MCS–82B and Form MCS–82)
+ (606 annual burden hours for placing
legible copies of the carrier’s Insurance
Endorsements or Surety Bonds in the
cabs of all vehicles operated in the
United States) = 4,480].
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 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

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