Practices of Household Goods Brokers

ICR 202012-2126-003

OMB: 2126-0048

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2021-02-01
Supplementary Document
2021-01-29
Supporting Statement A
2021-01-29
Supplementary Document
2020-12-17
Supplementary Document
2017-08-17
Supplementary Document
2017-08-17
Supplementary Document
2017-08-17
Supplementary Document
2017-08-17
Supplementary Document
2017-08-17
ICR Details
2126-0048 202012-2126-003
Received in OIRA 201708-2126-002
DOT/FMCSA
Practices of Household Goods Brokers
Reinstatement with change of a previously approved collection   No
Regular 02/08/2021
  Requested Previously Approved
36 Months From Approved
500,084 0
72,808 0
0 0

This is an ICR revision. The collection of information is mandatory and is for recordkeeping purposes. The Brokers of Household Goods Final Rule (75 FR 72987) requires brokers to obtain a signed and dated receipt from the individual shippers for the “Ready to Move” brochure and the “Your Rights and Responsibilities When You Move” pamphlet. Brokers that arrange the transportation of HHG in interstate or foreign commerce for consumers must provide: their U.S. DOT number on their advertisements and Internet Web sites; estimates of expected moving charges and brokerage fees; FMCSA pamphlets containing tips for successful moves and the consumer’s rights and responsibilities; and the broker’s policies concerning deposits, cancellations, and refunds. Brokers must either provide a hyperlink on their Internet website to the FMCSA website containing the brochure and pamphlet in FMCSA’s publications, or brokers must distribute to each shipper and potential shipper at the time they provide an estimate, copies of FMCSA’s publications. If an individual shipper elects to waive physical receipt of the Federal consumer protection information and elects to access the same information via the hyperlink on the Internet then the broker must include a clear and concise statement on the written estimate that the individual shipper expressly agreed to access the Federal consumer protection information on the Internet. The broker must obtain a signed, dated, electronic or paper receipt showing the individual shipper has received both booklets which includes, if applicable, verification of the shipper’s agreement to access the Federal consumer protection information on the Internet. The broker must maintain the signed receipt for three years from the date the individual shipper signs the receipt. The collected information assists shippers in their commercial dealings with interstate brokers. The collection of information is used by prospective shippers to make informed decisions about contracts and services to be ordered, executed, and settled within the interstate motor carrier industry. These actions are intended to help ensure the individual shippers who arrange for transportation of HHG through brokers receive necessary information regarding their rights and responsibilities in connection with interstate HHG moves, to educate shippers and prepare them for a successful move. The information will be collected when a shipper requests that a broker provide an estimate and when a shipper arranges for a broker to have a particular mover transport household goods. Therefore, frequency is based on the number of moves arranged and is not a factor that FMCSA or the broker can control. The frequency of information collection is done more often than quarterly as it is done as services are requested by the shipper. This will help enforcement personnel determine whether the individual shipper actually received the information. The updated information collection introduced the concept of “phases.” The ICR is divided into 4 ICs and phases as follows: IC1: First Phase: “Prospecting” which is when looking for HHG brokers, shippers usually start at solicitation material and brokers’ websites. Brokers must collect and provide the requirements on their marketing material and/or internet website. IC2: Second Phase: “Contact” which is when HHG shippers make reasonable requests to HHG brokers for additional information regarding their services, and brokers must collect the information and distribute it to shippers. IC3: Third Phase: “Estimate” which is when a HHG shipper requests an estimate, the broker must collect the information and distribute it to the shipper. IC4: Fourth Phase: “Agreement” which is when the HHG brokers and the HHG shippers prepare to enter into agreements, brokers must collect the information and distribute it to HHG shippers.

PL: Pub.L. 109 - 59 4212 Name of Law: Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
  
None

Not associated with rulemaking

  85 FR 55571 09/08/2020
86 FR 7777 02/01/2021
No

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 500,084 0 0 397,369 0 102,715
Annual Time Burden (Hours) 72,808 0 0 2,723 0 70,085
Annual Cost Burden (Dollars) 0 0 0 -1,677,327 0 1,677,327
Yes
Miscellaneous Actions
Yes
Miscellaneous Actions
FMCSA revises the total annual burden to 72,808 hours. This is a 2,723 annual burden hour increase from the currently approved 70,085 annual burden estimate. This increase in the previous iteration did not account for the time brokers use to complete a “waiver” should shippers choose to waive their rights to a physical survey, if applicable to a shipper, as required by 49 CFR parts 371.113(c)(1), (c)(2), & (c)(3). In addition, the previous iteration did not clarify a frequency formula used to calculate the number of times brokers collect and submit information to shippers. The previously approved annual burden labor costs of $1,677,327 was inadvertently reported in the burden table above, however the requested annual burden costs of $2.365 million is presented in the supporting statement and not reported in the table. As a result of the annual hourly burden increase, the estimate of annual burden costs to respondents is also revised from $1.677 million to $2.365 million, an increase of $0.688 million.

$0
No
    No
    No
No
No
No
No
Monique Riddick 202 366-8045

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
02/08/2021


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