Attachment G - 60-day FR (85 FR 55571)

Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices
7. Federal Water Pollution Control Act
of 1972 (see Clean Water Act of
1977 & 1987)
8. Federal Land Policy and Management
Act of 1976 (Paleontological
Resources)
9. Noise Control Act of 1972
10. Safe Drinking Water Act of 1944, as
amended
11. Endangered Species Act of 1973
12. Executive Order 11990, Protection of
Wetlands
13. Executive Order 13112, Invasive
Species
14. Executive Order 13186, Migratory
Birds
15. Fish and Wildlife Coordination Act
of 1934, as amended
16. Migratory Bird Treaty Act
17. Wildflowers, Surface Transportation
and Uniform Relocation Act of 1987
Section 130
18. Executive Order 11988, Floodplain
Management
19. Department of Transportation (DOT)
Executive Order 5650.2—
Floodplain Management and
Protection (April 23, 1979)
20. Title VI of the Civil Rights Act of
1964, as amended
21. Executive Order 12898, Federal
Actions to Address Environmental
Justice and Low Income
Populations
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.) Authority: 23 U.S.C. 139(I)(1)
Issued on: September 1, 2020.
Rodney Whitfield,
Director, Financial Services, Federal Highway
Administration, California Division.
[FR Doc. 2020–19799 Filed 9–4–20; 8:45 am]
BILLING CODE 4910–RY–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0111]

Agency Information Collection
Activities; Revision of an Approved
Information Collection: Renewal of
Practices of Household Goods Brokers
Federal Motor Carrier Safety
Administration (FMCSA), U.S.
Department of Transportation (DOT).
ACTION: Notice and request for
comments.

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AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit

SUMMARY:

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the information collection request (ICR)
renewal described below to the Office of
Management and Budget (OMB) for its
review and approval and invites the
public to comment. FMCSA requests
OMB’s renewed approval to the ICR
titled ‘‘Practices of Household Brokers’’
to keep compliance with 49 CFR part
371. This renewal updates wage related
costs that have changed since the last
approval and revises the previous
information collection total respondent
hourly and cost burden methodology to
be consistent with best practices. This
ICR renewal is necessary to support the
requirements of subpart B of 49 CFR
part 371 and FMCSA’s responsibility to
ensure consumer protection in the
transportation of household goods
(HHG).
We must receive your comments
on or before November 9, 2020.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2020–0111 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,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. Eastern Time, 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://
www.regulations.gov and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
DATES:

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55571

notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
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 website. 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:
Monique Riddick, Commercial
Enforcement and Investigations
Division, U.S. Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor MC–ECC, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. Telephone: 202–366–8045; email
[email protected].
SUPPLEMENTARY INFORMATION:
Background: As a result of Title IV,
Subtitle B of the Safe, Accountable,
Flexible, Efficient, Transportation
Equity Act: A Legacy for Users
(SAFETEA–LU) (Pub. L. 109–59) and a
petition for rulemaking from the
American Moving and Storage
Association (AMSA), FMCSA amended
then-existing regulations for brokers in
a final rule titled, ‘‘Brokers of
Household Goods Transportation by
Motor Vehicles,’’ (75 FR 72987, Nov. 29,
2010), amending 49 CFR part 371 by
providing additional consumer
protection responsibilities for brokers of
HHG.
Section 4212 of SAFETEA–LU, directs
the DOT Secretary to require HHG
brokers to provide shippers with
information throughout the various
stages of their interactions with
shippers. The following phases
summarize the information collection
required by the HHG broker at the
various contractual stages by 49 CFR
371.
I. First Phase: ‘‘Prospecting’’
When a HHG shipper is looking to
procure a HHG broker’s services, the
broker must collect the following
information and display it on its
websites and solicitation materials:
• Its physical address (371.107a);
• Its U.S. DOT license numbers
(371.107b);
• A statement indicating it will not
transport the shipper’s goods but will
only arrange for goods to be transported
by a registered motor carrier (371.107c);

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Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices

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• If the broker chooses to publish
rates on its website or solicitation
materials, the broker must also publish
a statement that the rates are based on
a motor carrier’s publicly available rates
(371.107d);
• If broker chooses to publish a list of
motor carriers it works with, the list
must be a list only of carriers with
which brokers have agreements
(371.107e); and
• Brokers must publish information
regarding their cancellation policies,
including information on deposits and
refunds (371.117a).
For the exact text of regulations see
section 12 part I of this document.

collect the following information and
distribute it to the HHG shipper:
• An agreement document with
required specifications as laid out by
regulation 371.115; and
• An agreement document which
highlights the broker’s and/or motor
carrier’s refund policy for cancelation of
agreements (371.117a).
For the exact text of regulations see
section 12 part IV.
V. Fifth Phase: ‘‘Delivery’’

After the broker confirms delivery of
the household goods by the carrier, the
broker must collect the following
information and distribute it to the HHG
shipper:
II. Second Phase: ‘‘Contact’’
• A receipt with transaction data,
When an HHG shipper makes a
including cancelation details if the
reasonable request seeking additional
agreement was canceled as laid out by
information about broker services, the
49 CFR 371.3.
HHG broker must collect the following
The complete collection of
information and distribute it to the HHG information required by the referenced
shipper:
final rule assists shippers in their
• A list of carriers it has agreements
business dealings with interstate HHG
with (371.109a); and
brokers. The information collected is
• A statement indicating the broker is used by prospective shippers to make
not a carrier and that the broker is only
informed decisions about contracts,
arranging transportation of shipper’s
services ordered, executed, and settled.
goods (371.109b).
The HHG broker is often the primary
For the exact text of regulations see
contact for individual shippers and in
Section 12 Part II.
the best position to educate shippers
and prepare them for a successful move.
III. Third Phase: ‘‘Estimate’’
The information collection is intended
When an HHG shipper requests an
to combat deceptive business practices;
estimate, the broker must collect the
the information helps enforcement
following information and provide it to
personnel better protect consumers by
the shipper:
verifying that shippers are receiving
• FMCSA’s published information
information as required by regulations.
material: (1) ‘‘Ready to Move? Tips for
FMCSA revises the total annual
a Successful Interstate Move’’ and (2)
burden
to 153,758 hours. This is an
‘‘Your Rights and Responsibilities When
You Move (2013 Update)’’ (371.111a1, 2, increase of 83,673 annual burden hours
from the currently approved 70,085
& 3);
burden estimate. The increase is due to
• A written estimate based on a
the following:
physical survey of household items
1(a) the previous information
(371.113a) and published carrier rates
collections did not include the broker’s
(371.113b); and
time to complete physical surveys of
• If applicable, a ‘‘Waiver’’ receipt
shippers household goods, and 1(b) the
showing shipper waived their right to a
time to prepare a written estimate based
physical survey of their household
off a physical survey as required by 49
items (371.113b).
CFR 371.113(a).
The broker must obtain a signed
(2) The previous iteration did not
document showing that FMCSA’s
account for the hours brokers spend to
published information material was
complete a waiver, if applicable, as
received by the shipper (371.111c). For
required by 49 CFR 371.113(c)(1), (c)(2),
the exact text of regulations see section
& (c)(3).
12 part III.
(3) The previous iteration did not
IV. Fourth Phase: ‘‘Agreement’’
clarify a frequency formula used to
calculate the number of times brokers
Should the shipper find the
collect and submit information to
estimate(s) and broker services
shippers.
reasonable and wish to book the
(4) FMCSA’s records for household
broker’s services, the two parties must
goods brokers increased from 543
enter into an agreement. At this point it
brokers to 652 brokers.
is standard practice for shippers to pay
For this renewal, FMCSA updated the
a deposit or full payment. Before a
methodology to reflect best practices,
deposit is collected the broker must

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which resulted in the annual burden
increase.
Title: Practices of Household Goods
Brokers.
OMB Control Number: 2126–0048.
Type of Request: Renewal of currently
approved collection.
Respondents: Brokers of Household
Goods.
Estimated Number of Respondents:
5,216 [Phase I (652); + Phase II: (652 +
652); + Phase III (652 + 652 +652); +
Phase IV (652); + Phase V (652) =
600,492].
Estimated Number of Responses:
600,492 responses [Phase I (3,260); +
Phase II: (3,260 + 200,816); + Phase III
(3,260 + 125,836 + 63,244); + Phase IV
(100, 408); + Phase V (100, 408) =
600,492].
Estimated Time per Response: 0.26
hours or 15.37 minutes [total burden
hours (153,758) divided by total number
of responses (600,492).
Expiration Date: January 31, 2021.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
153,758 hours.
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 the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR 1.87.
Kenneth Riddle,
Acting Associate Administrator, Office of
Research and Registration.
[FR Doc. 2020–19807 Filed 9–4–20; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0032]

Commercial Driver’s License
Standards: Application for Exemption;
Daimler Trucks North America, LLC
(Daimler)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:

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