Transportation of Household Goods; Consumer Protection
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
12/10/2021
10/27/2021
Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
11/30/2022
36 Months From Approved
11/30/2022
6,034,891
0
6,034,891
4,282,171
0
4,282,171
161,440,597
0
161,440,597
The collections in this ICR are mandatory and consists mostly of recordkeeping and disclosure, where a motor carrier provides information when a consumer requests that a mover provide an estimate and when a consumer decides to have a particular mover transport household goods. Certain information will be transferred to the consumer for the consumer to educate himself/herself of his/her rights and responsibilities in commercial transactions with the mover.
This is a revision to the ICR due to an NPRM. FMCSA is proposing to update the regulations at 49 CFR 375 in an NPRM titled âImplementation of Household Goods Working Group Recommendationsâ (86 FR 43814). The NPRM proposes to make various changes to the household goods regulations that the Household Goods Consumer Protection Working Group recommended to FMCSA. These proposed changes include further revisions to streamline FMCSAâs publication âYour Rights and Responsibilities When You Moveâ which would be incorporated in appendix A of the regulations, requiring âYour Rights and Responsibilities When You Moveâ to be provided along with the estimate, requiring new binding or non-binding estimates when an individual shipper tenders more goods or requests additional service instead of a revised estimate, allowing a motor carrier to provide a virtual survey and removing the 50-mile radius for when a survey is required, removing the requirement for an order for service and incorporating that document into the bill of lading, and other minor updates to increase the clarity of the regulations. These proposed changes are intended to reduce the paperwork burden on household goods motor carriers and reduce confusion for individual shippers.
FMCSA will use the information provided by the shippers, when necessary, while conducting reviews, audits and investigations of carriers to determine if a carrier/mover is in compliance with the Federal requirements. If this collected information were not available, FMCSA would have no means of independently verifying compliance.
The collected information will assist consumers in their commercial dealings with interstate motor carriers by enabling them to receive consumer protection materials electronically. FMCSA will use the information provided by the shippers, when necessary, while conducting reviews, audits and investigations of carriers to determine if a carrier/mover is in compliance with the Federal requirements. If this collected information were not available, FMCSA will have no means of independently verifying compliance.
The frequency of the collection varies and is based on the number of moves and requests made, based on shippers needs, and is not a factor FMCSA or the carrier can control.
The information is not collected more frequently than quarterly since the data is required only when services are requested by the consumer. This is to help the consumer understand each part of the commercial transaction and determine whether they are being defrauded or deceived by a mover.
This supporting statement divides the burden into five collections roughly corresponding to the subsections in the HHG regulations in which the specific paperwork and record keeping requirements for HHG movers appear:
⢠IC-1: Required Information for Prospective Individual Shippers
⢠IC-2: Estimating Charges
⢠IC-3: Pick Up of Shipments of Household Goods
⢠IC-4: Transportation of Shipments
⢠IC-5: Consumer Complaints
This revision includes the following program adjustments due to the lower estimates of HHG carriers, for-hire interstate moves, and the number of new entrant HHG carriers, as well as the proposed changes in the NPRM, as stated below:
- Increase of 6,986 hours for IC1: is a result of the Rights and Responsibilities booklet being delivered with every estimate;
- Increase of 1,277 hours for IC1: is a result of various program adjustments;
- Increase of 41,923 for IC2: is a result of virtual surveys being conducted for moves beyond 50 miles;
- Decrease of 282,683 hours for IC2: is a result of the decreased estimate of for-hire moves completed in a given year;
- Decrease of 279,426 hours for IC3: is a result of the removal of the Order for Service requirement;
- Decrease of 59,510 hours for IC3: is a result of the decreased estimate of for-hire moves completed in a given year;
- Decrease of 1,662 hours for IC4: is a result of the decreased estimate of for-hire moves completed in a given year;
- Overall decrease of 981 hours for IC5: is due to a decrease in the hours to establish record systems and the decreased estimate of for-hire moves completed in a given year.
⢠The annual number of responses decreased by 1,119,508 due to an adjustment in agency estimate.
⢠There a total of 230,517 burden hours decrease due to the NPRM and a total of 343,559 burden hours decrease due to change in agency estimate. This is a total decrease of 574,076 burden hours.
⢠The annual burden hours overall decrease is (582,339 â 8,263) = 574,076 burden hours due to:
- An increase of 8,263 (1,277 + 6,986) due to increase in the burden hours associated with IC-1; and
- A decrease of 582,339 (-282,683 - 279,426 + 41,923 - 59,510 - 1,662 -981) due to burden hours associated with IC-2, IC-3, IC-4, and IC-5.
There is an increase in costs to respondents: ($1,802,456 - $2,987,618) $1,185,162, and $161,440,597 labor-related costs were inadvertently reported in the table. Therefore removing $161,440,597 and adding $2,987,618 in non-labor costs to respondents resulted in an overall decrease of $158,452,980 in the table above.
The adjustments to the annual number of responses, burden hours, and costs to respondents are primarily due to re-estimates of the number of carriers affected by the ICR (from 4,212 to 5,100) and the number of annual shipments (from 617,503 to 558,851).
The total non-labor capital costs due to the NPRM is $1,592,726 which is due to an increase of $1,676,554 (for IC-1) as a result of the Rights and Responsibilities booklet being delivered with every estimate; and a decrease of $83,828 (for IC-3) as a result of the removal of the Order for Service requirement.
There is an annual burden hr. cost decrease of ($161,440,597 - $159,696,479) = $1,744,118.
$0
No
No
No
No
No
No
No
Monique Riddick 202 366-8045
Reginfo record details
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.
2126-0025 HHG NPRM Supporting Statement 08.10.21.docx
75 FR 72987.pdf
US CODE_ Title 49,14104. Household goods carrier operations.html
IC1 - Informational Documents Provided to Prospective Shippers