Practices of Household Goods Brokers

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
30-Day FR for 2126-0048.pdf	Supplementary Document	Uploaded 2021-02-01	Repair queued
30-day FR for 2126-0048 public inspection copy.pdf	Supplementary Document	Uploaded 2021-01-29	Missing upstream
PRA 2126-0048 SS.01.15.2021.docx	Supporting Statement A	Uploaded 2021-01-29	Repair queued
60-day FR for 2126-0048.pdf	Supplementary Document	Uploaded 2020-12-17	Repair queued
Your Rights and Responsibilities When You Move Brochure, April 2006.pdf	Supplementary Document	Uploaded 2017-08-17	Repair queued
ReadyToMove Brochure, April 2006.pdf	Supplementary Document	Uploaded 2017-08-17	Repair queued
Section4212 of SAFETEA-LU(Public Law 109-59) 081005.doc	Supplementary Document	Uploaded 2017-08-17	Repair queued
BrokerHHG.AMSAPetition.March 6, 2003.pdf	Supplementary Document	Uploaded 2017-08-17	Repair queued
49 CFR 371, Brokers of Property.doc	Supplementary Document	Uploaded 2017-08-17	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
244995	IC4: Fourth Phase: "Agreement"		New
244994	IC3.3: Third Phase: "Estimate"		New
244993	IC3.2: Third Phase: "Estimate"		New
244992	IC3.1: Third Phase: "Estimate"		New
244991	IC2.2: Second Phase: "Contact"		New
244989	IC2.1: Second Phase: "Contact"		New
244988	IC1: First Phase: "Prospecting"		New
195392	Practices of Household Goods Brokers		Removed

ICR Details

OMB Control No: 2126-0048	ICR Reference No: 202012-2126-003
Status: Received in OIRA	Previous ICR Reference No: 201708-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Practices of Household Goods Brokers
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/08/2021

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	500,084	0
Time Burden (Hours)	72,808	0
Cost Burden (Dollars)	0	0

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Abstract: 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.

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Authorizing Statute(s): PL: Pub.L. 109 - 59 4212 Name of Law: Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 55571	09/08/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 7777	02/01/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

table that charts list of burden

IC Title	Form No.	Form Name
IC1: First Phase: "Prospecting"
IC2.1: Second Phase: "Contact"
IC2.2: Second Phase: "Contact"
IC3.1: Third Phase: "Estimate"
IC3.2: Third Phase: "Estimate"
IC3.3: Third Phase: "Estimate"
IC4: Fourth Phase: "Agreement"
Practices of Household Goods Brokers

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ICR Summary of Burden

table that charts list of burden

	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

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: 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.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 02/08/2021

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