60-day Federal Register Notice

Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
interstate commerce. Thus, the Agency’s
analysis focuses on whether an equal or
greater level of safety is likely to be
achieved by permitting each of these
drivers to drive in interstate commerce
as opposed to restricting him or her to
driving in intrastate commerce. The
driver must comply with the terms and
conditions of the exemption. This
includes reporting any crashes or
accidents as defined in 49 CFR 390.5
and reporting all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391.
Conclusion
The Agency is granting exemptions
from the hearing standard, 49 CFR
391.41(b)(11), to 10 individuals based
on an evaluation of each driver’s safety
experience. Safety analysis of
information relating to these 10
applicants meets the burden of showing
that granting the exemptions would
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved without the
exemption. In accordance with 49
U.S.C. 31315, each exemption will be
valid for 2 years from the effective date
with annual recertification required
unless revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
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 and
31315.
FMCSA exempts the following 10
drivers for a period of 2 years from the
physical qualification standard
concerning hearing: Thomas J. Bertling
(OR); Molly R. Bergstrom (IA); John
Luegene Huey, Jr. (TX); Jesus L. Javier
(NJ); Paul Robert Langlois (OH); Samuel
E. Lovley (PA); Scott M. Putman (PA);
Laird Lamont Smith (UT); Kirk A.
Soneson (OH); and Christopher King
Warner (NY).
Issued on: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0255]

Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Transportation of Household
Goods; Consumer Protection
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
information.
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. The FMCSA
requests approval to extend an ICR
titled, ‘‘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: We must receive your comments
on or before November 20, 2015.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2015–0255 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 Operations; 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,
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://
SUMMARY:

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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: Mr.
Kenneth Rodgers, Chief, Commercial
Enforcement Division, Federal Motor
Carrier Safety Administration, West
Building 6th Floor, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: 202–366–0073; email
[email protected]. Office hours
are from 9:00 a.m. to 5:00 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
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.

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Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices

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 Regulations.’’ 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
Regulation.’’
On July 16, 2012, FMCSA published
a Direct Final Rule (DFR) titled,
‘‘Transportation of Household Goods in
Interstate Commerce; Consumer
Protection Regulations: 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

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the carrier does not actually provide
services.
Title: Transportation of Household
Goods; Consumer Protection.
OMB Control Number: 2126–0025.
Type of Request: Extension of a
currently-approved information
collection.
Respondents: Household goods
movers and consumers.
Estimated Number of Respondents:
8,565 respondents [6,065 household
goods movers + 2,500 consumers =
8,565].
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, and 10 minutes to complete
Form MSCA–2P, ‘‘Household Goods/
Commercial Complaint Form.
Expiration Date: April 30, 2016.
Frequency of Response: Other (Once).
Estimated Total Annual Burden:
5,524,800 hours [Informational
documents provided to prospective
shippers at 43,800 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 = 5,524,800].
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 information
collected. The Agency will summarize
or include your comments in the request
for OMB’s clearance of this ICR.
Issued under the authority of 49 CFR 1.87
on: September 11, 2015.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0103]

Qualification of Drivers; Application for
Exemptions; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its
decision to grant requests from 10
individuals for exemptions from the
Agency’s physical qualifications
standard concerning hearing for
interstate drivers. The current regulation
prohibits hearing impaired individuals
from operating CMVs in interstate
commerce. After notice and opportunity
for public comment, the Agency
concluded that granting exemptions for
these drivers to operate propertycarrying CMVs will provide a level of
safety that is equivalent to or greater
than the level of safety maintained
without the exemptions. The
exemptions are valid for a 2-year period
and may be renewed, and the
exemptions preempt State laws and
regulations.

SUMMARY:

The exemptions are effective
September 21, 2015. The exemptions
expire on September 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Office of
Carrier, Driver and Vehicle Safety, (202)
366–4001, [email protected],
FMCSA, Department of Transportation,
1200 New Jersey Avenue SE., Room
W64–224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
DATES:

A. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at:
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov
and/or 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., e.t., Monday
through Friday, except Federal holidays.
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

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