Notice2024-01080
Agency Information Collection Activities; Renewal of an Approved Information Collection: Practices of Household Goods Brokers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 22, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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 its review and approval and invites public comment. FMCSA requests OMB's renewed approval to the ICR titled "Practices of Household Brokers," which applies to household goods (HHG) brokers who are procured by the public (HHG shippers) to arrange the transportation of the shipper's household goods by HHG motor carriers. 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.
Full Text
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<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3983-3984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01080]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0180]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Practices of Household Goods Brokers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: 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 its
review and approval and invites public comment. FMCSA requests OMB's
renewed approval to the ICR titled ``Practices of Household Brokers,''
which applies to household goods (HHG) brokers who are procured by the
public (HHG shippers) to arrange the transportation of the shipper's
household goods by HHG motor carriers. 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.
DATES: Comments on this notice must be received on or before March 22,
2024.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0180 using any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
<bullet> Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Donnice Wagoner, Commercial
Enforcement and Investigations Division, DOT, FMCSA, West Building 6th
Floor MC-SEI, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-8045; <a href="/cdn-cgi/l/email-protection#781c171616111b1d560f191f17161d0a381c170c561f170e"><span class="__cf_email__" data-cfemail="cfaba0a1a1a6acaae1b8aea8a0a1aabd8faba0bbe1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Instructions
All submissions must include the Agency name and docket number. For
detailed instructions on submitting comments, see the Public
Participation heading below. Note that all comments received will be
posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided. Please see the Privacy Act heading
below.
Public Participation and Request for Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2023-0180), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission. If you want us to notify you that we received your
comments, please include a self-addressed, stamped envelope or
postcard, or print the acknowledgement page that appears after
submitting comments online.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2023-0180/document">https://www.regulations.gov/docket/FMCSA-2023-0180/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
Comments received after the comment closing date will be included
in the docket and will be considered to the extent practicable.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
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 Secretary of Transportation
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:
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<bullet> Its physical address (Sec. 371.107a);
<bullet> Its U.S. DOT license numbers (Sec. 371.107b);
<bullet> 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 (Sec. 371.107c);
<bullet> 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
(Sec. 371.107d);
<bullet> 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 (Sec. 371.107e); and
<bullet> Brokers must publish information regarding their
cancellation policies, including information on deposits and refunds
(Sec. 371.117a).
For the exact text of regulations see section 12 part I of this
document.
II. Second Phase: ``Contact''
When an HHG shipper makes a reasonable request seeking additional
information about broker services, the HHG broker must collect the
following information and distribute it to the HHG shipper:
<bullet> A list of carriers it has agreements with (Sec.
371.109a); and
<bullet> A statement indicating the broker is not a carrier and
that the broker is only arranging transportation of shipper's goods
(Sec. 371.109b).
For the exact text of regulations see Section 12 Part II.
III. Third Phase: ``Estimate''
When an HHG shipper requests an estimate, the broker must collect
the following information and provide it to the shipper:
<bullet> FMCSA's published information material: (1) ``Ready to
Move? Tips for a Successful Interstate Move'' and (2) ``Your Rights and
Responsibilities When You Move (2022 Update)'' (Sec. 371.111a1, 2, and
3);
<bullet> A written estimate based on a physical survey of household
items (Sec. 371.113a) and published carrier rates (Sec. 371.113b);
and
<bullet> If applicable, a ``Waiver'' receipt showing shipper waived
their right to a physical survey of their household items (Sec.
371.113b).
The broker must obtain a signed document showing that FMCSA's
published information material was received by the shipper (Sec.
371.111c). For the exact text of regulations see section 12 part III.
IV. Fourth Phase: ``Agreement''
Should the shipper find the estimate(s) and broker services
reasonable and wish to book the broker's services, the two parties must
enter into an agreement. At this point it is standard practice for
shippers to pay a deposit or full payment. Before a deposit is
collected, the broker must collect the following information and
distribute it to the HHG shipper:
<bullet> An agreement document with required specifications as laid
out by regulation Sec. 371.115; and
<bullet> An agreement document which highlights the broker's and/or
motor carrier's refund policy for cancelation of agreements (Sec.
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:
<bullet> A receipt with transaction data, including cancelation
details if the agreement was canceled as laid out by 49 CFR 371.3.
The complete collection of information, required by the referenced
regulations, assists shippers in their business dealings with
interstate HHG brokers. The information collected is used by
prospective shippers to make informed decisions about contracts,
services ordered, executed, and settled. The HHG broker is often the
primary contact for individual shippers and in the best position to
educate shippers and prepare them for a successful move. The
information collection is intended to combat deceptive business
practices; the information helps enforcement personnel better protect
consumers by verifying that shippers are receiving information as
required by regulations.
FMCSA revises the total annual burden to 86,488 hours. This is an
increase of 13,680 annual burden hours from the currently approved
72,808 burden estimate. The increase is due to the following:
(1) FMCSA's records for household goods brokers increased from 652
brokers to 1,256 brokers.
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: 1,256.
Estimated Time per Response: Varies.
Expiration Date: May 31, 2024.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 86,488.
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 ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-01080 Filed 1-19-24; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.