30-day FR

30-Day FR for 2126-0025.pdf

Transportation of Household Goods; Consumer Protection

30-day FR

OMB: 2126-0025

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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

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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:

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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 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

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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

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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:

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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: [email protected].
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

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