[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Rules and Regulations]
[Pages 36932-36935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14999]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 375
[Docket No. FMCSA-2012-0119]
RIN 2126-AB52
Transportation of Household Goods in Interstate Commerce;
Consumer Protection Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends
the regulations governing the transportation of household goods to
remove an obsolete requirement related to collect calls, resolve
ambiguities, and reduce a regulatory burden on household goods motor
carriers.
DATES: This final rule is effective August 20, 2012, unless an adverse
comment, or notice of intent to submit an adverse comment, is either
submitted to the above docket via http://www.regulations.gov on or
before July 20, 2012 or reaches the Docket Management Facility by that
date. If an adverse comment, or notice of intent to submit an adverse
comment, is received by July 20, 2012, FMCSA will withdraw this direct
final rule and publish a timely notice of withdrawal in the Federal
Register.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2012-0119 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30) West Building Ground
Floor Room W12-140, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Comments'' portion of the SUPPLEMENTARY
INFORMATION section below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA, Household
Goods Team Leader, Commercial Enforcement and Investigations Division
at (202) 385-2400 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation and Comments
If you would like to participate in this rulemaking, you may submit
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0119), indicate the specific section of this
direct final rule to which each 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 that the Agency can contact you if it has questions
regarding your submission. As a reminder, FMCSA will only consider
adverse comments as defined in 49 CFR 389.39(b) and explained below.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Final Rule'' and insert ``FMCSA-2012-0119'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8[frac12] by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Docket Management
Facility, please enclose a stamped, self-addressed postcard or
envelope.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``FMCSA-2012-0119'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may also view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
II. Regulatory Information
FMCSA publishes this direct final rule under 49 CFR 389.39 because
the Agency determined that the rule is a routine and non-controversial
amendment to 49 CFR part 375. This rule clarifies that certain
independent delivery services are not household goods motor carriers,
removes an obsolete provision requiring household goods motor carriers
to post notices relating to acceptance of collect telephone calls,
clarifies the Agency's requirement that re-negotiated estimates contain
detailed descriptions of the goods or services that gave rise to the
re-negotiation, and requires household goods motor carriers that
relinquish possession of goods to permanent storage to do so in the
shipper's name. If no adverse comments, or notices of intent to submit
an adverse comment, are received by July 20, 2012, this rule will
become effective as stated in the DATES section. In that case,
approximately 30 days before the effective date, FMCSA will publish a
document in the Federal Register stating that no adverse comments were
[[Page 36933]]
received and confirming that this rule will become effective as
scheduled. However, if the Agency receives any adverse comments or
notices of intent to submit an adverse comment, FMCSA will publish a
document in the Federal Register announcing the withdrawal of all or
part of this direct final rule. If FMCSA decides to proceed with a
rulemaking following receipt of any adverse comments, the Agency will
publish a separate notice of proposed rulemaking (NPRM) and provide a
new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
III. Legal Basis for the Rulemaking
The Secretary of Transportation's (Secretary) general jurisdiction
to establish regulations over transportation of property by motor
carrier is found at 49 U.S.C. 13501. Household goods motor carriers are
a subset of property motor carriers and are required by 49 U.S.C. 13902
to register with FMCSA as household goods motor carriers.
This rulemaking is based on the statutory provisions cited above
and on the authority Congress granted to the Secretary to regulate the
operations of household goods motor carriers in the ICC Termination Act
of 1995 (Pub. L. 104-88, 109 Stat. 803, Dec. 29, 1995) and in the
Household Goods Mover Oversight Enforcement and Reform Act of 2005,
Title IV, Subtitle B of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, 119 Stat. 1144, Aug. 10, 2005).
The Secretary has delegated these various authorities to the FMCSA
Administrator (49 CFR 1.73(a)). This rulemaking only applies to
household goods motor carriers that provide for-hire transportation in
interstate or foreign commerce.
IV. Discussion of the Rule
FMCSA updates the household goods motor carrier regulations at 49
CFR part 375 to eliminate an obsolete requirement, remove uncertainty,
and reduce a regulatory burden on household goods motor carriers.
FMCSA amends the definition of ``Household goods motor carrier'' in
Sec. 375.103 to clarify that motor carriers that provide delivery
services transporting furniture, appliances or other furnishings
between a factory or a store and an individual's household are not
household goods motor carriers for the purposes of 49 CFR part 375.
Currently, Agency regulations define a household goods carrier as a
motor carrier that transports household goods and provides some or all
of the following services: (1) Binding and nonbinding estimates, (2)
inventorying, (3) protective packing and unpacking of individual items
at personal residences, and (4) loading and unloading at personal
residences (49 U.S.C. 13102(12); 49 CFR 375.103). FMCSA does not
currently consider delivery services that load and/or provide
protective packing of household goods at a factory or store and then
unload and/or unpack at an individual's household to fall within this
definition. Regardless, the Agency has received a number of requests
for clarification. In addition, the Agency believes that some motor
carriers providing this type of delivery service have obtained
household goods operating authority registration because they
mistakenly believed it was an Agency requirement. As a result, these
carriers may have incurred unnecessary expenses to establish and
maintain household goods operating authority. This change definitively
establishes that these types of motor carriers are not household goods
motor carriers, so long as they only transport household goods between
a factory or retailer and an individual's household.
Section 375.209 currently requires household goods motor carriers
to establish and maintain a procedure for responding to complaints and
inquiries from individual shippers. Paragraph (b) requires the
procedure to include four items. FMCSA removes the third requirement
which directs household goods motor carriers to include a statement of
who must pay for complaint and inquiry telephone calls. This
requirement was originally adopted to require household goods motor
carriers to indicate whether they would accept collect calls from
shippers. This reference is outdated and no longer necessary. Most
motor carriers and shippers conduct business using a combination of
Internet, email or mobile telephone communications that have rendered
this requirement obsolete.
Section 375.403(a)(6) provides that if a shipper requests that a
household goods carrier transport goods or perform services in excess
of those previously identified in a binding estimate and the carrier
services the shipment, the carrier has one of three options before
loading the shipment: (i) Reaffirm the binding estimate; (ii) negotiate
a revised written binding estimate listing the additional goods and
services; or (iii) convert the original estimate to a written non-
binding estimate, if the shipper agrees. FMCSA amends Sec.
375.403(a)(6)(ii) to clarify that if the parties negotiate a revised
written binding estimate, the additional goods or services must be
accurately listed, in detail. Although FMCSA currently interprets Sec.
375.403(a)(6)(ii) to require a detailed listing of the additional goods
or services, this change will resolve any ambiguity as to the motor
carrier's obligation under this section.
Similarly, Sec. 375.405(b)(7) provides that if a shipper requests
that a household goods carrier transport goods or perform services in
excess of those identified in a non-binding estimate and the carrier
services the shipment, then the carrier has one of two options before
loading the shipment: (i) reaffirm the non-binding estimate or (ii)
negotiate a revised written non-binding estimate listing the additional
goods and services. FMCSA amends Sec. 375.405(b)(7)(ii) to clarify
that if the parties negotiate a revised non-binding estimate, the
additional goods or services must be accurately listed, in detail. As
it does with binding estimates, FMCSA currently interprets Sec.
375.405(b)(7)(ii) to require a detailed listing of additional goods or
services. Regardless, this change will resolve any ambiguity as to the
motor carrier's obligation when it re-negotiates a non-binding estimate
under this section.
FMCSA amends Sec. 375.609 by adding a new paragraph (h) requiring
that when a carrier places goods into permanent storage, the storage
arrangements must be made in the individual shipper's name and the
carrier must provide the shipper's contact information to the
warehouse. FMCSA regulations provide that once a shipper's goods are
placed in permanent storage, the motor carrier's liability ends and the
individual shipper is subject to the rules, regulations and charges of
the warehouseman (49 CFR 375.609(b)(4)). This change will facilitate
transfer of the goods to the individual shipper from the warehouseman,
after the motor carrier is no longer in possession of the goods.
V. Regulatory Analyses
A. Regulatory Planning and Review
This action does not meet the criteria for a ``significant
regulatory action,'' either as specified in Executive Order 12866 as
supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011),
or within the meaning of the DOT regulatory policies and procedures (44
FR 1103, February 26, 1979). The estimated economic costs of the rule
do not exceed the $100 million annual threshold nor does the Agency
expect
[[Page 36934]]
the rule to have substantial Congressional or public interest.
Therefore, this rule has not been formally reviewed by the Office of
Management and Budget. No expenditures are required of the affected
population because this rule reaffirms or clarifies existing Agency
interpretations, removes uncertainty and reduces a regulatory burden.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
110 Stat. 857), FMCSA is not required to prepare a final regulatory
flexibility analysis under 5 U.S.C. 604(a) for this final rule because
the agency has not issued an NPRM prior to this action.
C. Federalism (Executive Order 13132)
A rule has federalism implications if the rule has a substantial
direct effect on State or local governments and would either preempt
State law or impose a substantial direct cost of compliance on the
States. FMCSA analyzed this rule under E.O. 13132 and have determined
that it does not have federalism implications.
D. Unfunded Mandates Reform Act of 1995
FMCSA is not required to prepare an assessment under the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1531, et seq., evaluating a
discretionary regulatory action because the Agency has not issued an
NPRM prior to this action.
E. Executive Order 12988 (Civil Justice Reform)
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
F. Executive Order 13045 (Protection of Children)
FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The
Agency determined that this rule will not create an environmental risk
to health or safety that may disproportionately affect children.
G. Executive Order 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it will not affect a
taking of private property or otherwise have taking implications.
H. Privacy Impact Assessment
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of any personally identifiable information.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.
I. Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
J. Paperwork Reduction Act
This direct final rule calls for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
K. National Environmental Policy Act and Clean Air Act
FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency has determined under its environmental procedures Order 5610.1,
published March 1, 2004 in the Federal Register (69 FR 9680), that this
action is categorically excluded (CE) from further environmental
documentation under Appendix 2, Paragraph 6(b) and 6(m) of the Order
(69 FR 9702). The CE in Paragraph 6(b) applies to the editorial aspects
of this rule, and the CE in Paragraph 6(m) relates to regulations
implementing procedures applicable to the operations of carriers
engaged in the transportation of household goods. In addition, the
Agency believes this rule includes no extraordinary circumstances that
will have any effect on the quality of the environment. Thus, the
action does not require an environmental assessment or an environmental
impact statement.
FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
L. Executive Order 13211 (Energy Effects)
FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects in 49 CFR Part 375
Advertising, Arbitration, Consumer protection, Freight, Highways
and roads, Insurance, Motor carriers, Moving of household goods,
Reporting and recordkeeping requirements.
The Final Rule
For the reasons stated in the preamble, FMCSA amends 49 CFR part
375 in title 49, Code of Federal Regulations, chapter III, subchapter
B, as follows:
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS
0
1. The authority citation for part 375 is revised to read as follows:
Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902,
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49
CFR 1.73.
0
2. Amend Sec. 375.103 to add paragraph (4) to the definition of
Household goods motor carrier, to read as follows:
Sec. 375.103 What are the definitions of terms used in this part?
* * * * *
Household goods motor carrier * * *
(4) The term does not include any motor carrier that acts as a
service for the delivery of furniture, appliances, or other furnishings
between a factory or a store and an individual's household.
* * * * *
Sec. 375.209 [Amended]
0
3. Amend Sec. 375.209 by removing paragraph (b)(3) and redesignating
paragraph (b)(4) as (b)(3).
0
4. Amend Sec. 375.403 by revising paragraph (a)(6)(ii) to read as
follows:
[[Page 36935]]
Sec. 375.403 How must I provide a binding estimate?
(a) * * *
(6) * * *
(ii) Negotiate a revised written binding estimate accurately
listing, in detail, the additional household goods or services.
* * * * *
0
5. Amend Sec. 375.405 by revising paragraph (b)(7)(ii) to read as
follows:
Sec. 375.405 How must I provide a non-binding estimate?
* * * * *
(b) * * *
(7) * * *
(ii) Negotiate a revised written non-binding estimate accurately
listing, in detail, the additional household goods or services.
* * * * *
0
6. Amend Sec. 375.609 by adding new paragraph (h) to read as follows:
Sec. 375.609 What must I do for shippers who store household goods in
transit?
* * * * *
(h) When you place household goods in permanent storage, you must
place the household goods in the name of the individual shipper and
provide contact information for the shipper in the form of a telephone
number, mailing address and/or email address.
Issued on: June 14, 2012.
Anne S. Ferro,
Administrator, FMCSA.
[FR Doc. 2012-14999 Filed 6-19-12; 8:45 am]
BILLING CODE 4910-EX-P