[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Page 51706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21031]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 375
[Docket No. FMCSA-2011-0313]
RIN 2126-AB41
Transportation of Household Goods in Interstate Commerce;
Consumer Protection Regulations: Household Goods Motor Carrier Record
Retention Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Direct final rule; confirmation of effective date.
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SUMMARY: FMCSA confirms the effective date for its July 16, 2012,
direct final rule concerning the period during which household goods
(HHG) motor carriers must retain documentation of an individual
shipper's waiver of receipt of printed copies of consumer protection
materials. The direct final rule harmonized the retention period with
other document retention requirements applicable to HHG motor carriers.
FMCSA also amended the regulations to clarify that a HHG motor carrier
is not required to retain waiver documentation from any individual
shippers for whom the carrier does not actually provide services. The
Agency did not receive any comments in response to the direct final
rule and confirms the November 13, 2012, effective date of the rule.
DATES: The effective date for the direct final rule published in the
Federal Register on July 16, 2012 (77 FR 41699), is confirmed as
November 13, 2012.
ADDRESSES: The docket for this rulemaking (FMCSA-2011-0313) is
available for inspection at http://www.regulations.gov/#!docketDetail;D=FMCSA-2011-0313. If you do not have access to the
Internet, you may also view the docket 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. e.t., Monday through
Friday, except Federal holidays.
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: On July 16, 2012, FMCSA published a direct
final rule amending its regulations at 49 CFR part 375. The rule
reduced the retention period in 49 CFR 375.213(e)(3) from three years
to one year for signed receipts documenting an individual shipper's
waiver of physical receipt of the consumer protection publications
``Your Rights and Responsibilities When You Move,'' and ``Ready to
Move?--Tips for a Successful Interstate Move.'' The change harmonized
this requirement with other requirements in part 375 that require HHG
motor carriers to retain shipping documents for only one year. The rule
also clarified a HHG motor carrier that obtains a signed waiver from a
shipper is required to comply with the retention requirements in Sec.
375.213(e)(3) only if the carrier actually provides moving services to
the shipper.
FMCSA used the Agency's direct final rule procedures (75 FR 29915,
May 28, 2010) because it was a routine and noncontroversial amendment,
and the Agency did not expect any adverse comments. The direct final
rule advised the public that unless a written adverse comment, or a
written notice of intent to submit such an adverse comment, was
received by August 15, 2012, the Agency would provide notice confirming
the effective date. Because the Agency did not receive any comments to
the docket by August 15, 2012, the direct final rule will become
effective November 13, 2012.
Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21031 Filed 8-24-12; 8:45 am]
BILLING CODE 4910-EX-P