81_FR_59199 81 FR 59033 - Household Goods Consumer Protection: Application for Exemption; La Rosa Del Monte Express Inc. (LRDM)

81 FR 59033 - Household Goods Consumer Protection: Application for Exemption; La Rosa Del Monte Express Inc. (LRDM)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range59033-59034
FR Document2016-20498

FMCSA announces that La Rosa Del Monte Express, Inc. (LRDM) has requested an exemption for its specialized ``Small Residential Shipments'' (SRS) from the consumer protection regulations for the transportation of household goods (HHG) in interstate commerce. LRDM requested that its SRS consisting of fewer than 10 items weighing less than 1,000 pounds total be exempted from the HHG regulations. LRDM claims that the need for the exemption is made clear by the statutory Limited Service Exclusion (LSE) for household goods motor carriers. LRDM believes that an SRS exemption is consistent with the purpose of the LSE.

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 59033-59034]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20498]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0268]


Household Goods Consumer Protection: Application for Exemption; 
La Rosa Del Monte Express Inc. (LRDM)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that La Rosa Del Monte Express, Inc. (LRDM) 
has requested an exemption for its specialized ``Small Residential 
Shipments'' (SRS) from the consumer protection regulations for the 
transportation of household goods (HHG) in interstate commerce. LRDM 
requested that its SRS consisting of fewer than 10 items weighing less 
than 1,000 pounds total be exempted from the HHG regulations. LRDM 
claims that the need for the exemption is made clear by the statutory 
Limited Service Exclusion (LSE) for household goods motor carriers. 
LRDM believes that an SRS exemption is consistent with the purpose of 
the LSE.

DATES: Comments must be received on or before September 26, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0268 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, 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: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    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 www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Telephone: (614) 942-6477; Email: [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0268), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. 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 the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0268'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. 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. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

III. Legal Basis

    Before operating for hire in interstate commerce, a motor carrier 
must obtain commercial registration under 49 U.S.C. 13902 and comply 
with the requirements of Sec.  13902(a)(1). To provide transportation 
of HHG, a motor carrier must also comply with the requirements of Sec.  
13902(a)(2).
    However, under 49 U.S.C. 13541(a), the Secretary of Transportation 
``shall exempt a person, class of persons, or a transaction or service 
from the application, in whole or in part, of a provision of this part 
[part B of subtitle IV of title 49, United States Code, i.e., 49 U.S.C. 
chapters 131-149], or use this exemption authority to modify the 
application of a provision of this part as it applies to such person, 
class, transaction, or service, when the Secretary . . . finds that the 
application of that provision--(1) is not necessary to carry out the 
transportation policy of section 13101; (2) is not needed to protect 
shippers from the abuse of market power or that the transaction or 
service is of limited scope; and (3) is in the public interest.''
    Nonetheless, ``The exemption authority under this section may not 
be used to relieve a person from the application of, and compliance 
with, any law, rule, regulation, standard, or order pertaining to cargo 
loss and damages, insurance, [or] safety fitness . . .'' [49 U.S.C. 
13541(e)(1)].
    The Secretary's authority to enforce 49 U.S.C. 13902 and 13541 have 
been delegated to FMCSA by 49 CFR 1.87(a)(5) and 1.87(a)(3), 
respectively. This notice seeks to clarify the

[[Page 59034]]

exemption sought by LRDM, in light of the limitations set forth in 
Sec.  13541(e)(1).

IV. Background

    A motor carrier engaged in the interstate transportation of 
household goods must follow the regulations in 49 CFR part 375. The 
term ``household goods motor carrier'' is defined in section 375.103 as 
a motor carrier that, in the ordinary course of business of providing 
transportation of household goods, offers some or all of the following 
additional services: binding and nonbinding estimates; inventorying; 
protective packing and unpacking of items at personal residences; and 
loading and unloading at personal residences. However, the term HHG 
motor carrier excludes any motor carrier providing transportation of 
HHGs in containers or trailers that are entirely loaded and unloaded by 
an individual (other than an employee or agent of the motor carrier). 
This is the LSE provision.

V. Request for Exemption

    LRDM (US DOT # 25982) is a minority-owned motor carrier with its 
principal place of business located in Bronx, New York. According to 
LRDM, for almost 50 years this company has been a leader in providing 
interstate household goods moving and storage services for primarily 
minority communities from and between New York, Florida, Connecticut, 
Illinois, Massachusetts, Pennsylvania, Puerto Rico, and the Dominican 
Republic.
    According to LRDM, in the past several years there has been a need 
in communities served by LRDM for an efficient, low-cost, no-frills 
shipment service for SRS consisting primarily of fewer than 10 items 
weighing a total of no more than 1,000 pounds. Such items include 
bicycles, refrigerators, washer/dryers and other similar goods. In 
response to this need, LRDM offers an SRS service that it says combines 
the efficiency and economy of freight with the safety and professional 
service of a traditional HHG move.
    LRDM contends that the HHG regulations hinder its efforts to meet 
the needs of the communities it serves. The regulations do not exempt 
SRS under the Limited Service Exclusion \1\ (LSE) because LRDM takes 
the time and effort to load and unload these small shipments for its 
customers. As a result the regulations classify these shipments as 
large HHG moves.
---------------------------------------------------------------------------

    \1\ The LSE is a statutory provision that pertains to the 
definition of ``household goods motor carrier.'' Through the LSE, 
Congress specifically excluded certain motor carriers from the 
definition of household goods motor carriers, and thus exempted 
those carriers from household goods regulations when the carrier 
``does not load and unload'' the contents of the containers the 
carrier is shipping. Carriers falling under the LSE are not subject 
to household goods and consumer protection regulations under FMCSA 
regulations parts 375 (for household goods, including form 
requirements), 365 (for motor carrier registration requirements) and 
387 (for insurance requirements). See 49 U.S.C. 13102(12)(C): see 
also 49 CFR 375.103, HHG definition, paragraphs (3) and (4); Limited 
Service Exclusion for Household Goods Motor Carriers and Related 
Registration Requirements for Brokers, 78 Fed. Reg. 19568 (Apr. 1, 
2013).
---------------------------------------------------------------------------

    LRDM seeks the ability to offer its customers an option to ship a 
limited number of small items at a flat rate that its customers can 
afford, free from extra costs and burdens associated with HHG 
regulations. LRDM is requesting that its specialized service be exempt 
from the HHG requirements under 49 CFR part 375. LRDM asserts that its 
SRS warrant an exemption from the application of part 375 because such 
an exemption is in the public interest. It claims that the exemption 
would further support DOT's transportation policy goals by promoting 
safe, economical, and efficient transportation by allowing a variety of 
quality and price options to the public.
    To LRDM's knowledge no other carrier/mover, ground, freight, or 
otherwise, offers a similar service. These shipments are unique and in 
a class of their own; are too large and/or heavy for ground 
transportation; and too small to be economical or affordable to be 
shipped as freight or through a portable storage container covered 
under the LSE.
    LRDM explains that its customers cannot turn to traditional ground 
carriers because the SRS shipments far exceed those services' 150 pound 
maximum weight for any one parcel. Nor can its customers turn to less-
than-truckload (LTL) freight services which are prohibitively expensive 
due to mileage and other freight charges. LTL carriers also require 
sophisticated packing with items securely fastened to a pallet or skid.
    LRDM advises that customers cannot turn to the portable storage 
container service options. According to LRDM, those services, although 
excluded from HHG moving regulations under the LSE, are not made for 
SRS and are prohibitively expensive. For example, the cost of shipping 
an average sized refrigerator from New York to Miami would cost between 
$600-$1,000 by traditional freight service (not including the cost and 
time to properly pack and secure the refrigerator on a pallet) and over 
$1,800 by a portable storage container service. However, in comparison, 
if LRDM was not required to burden its customers with the ``excessive 
costs'' and ``unreasonable forms'' associated with HHG regulations 
intended for much larger moves, LRDM would be able to offer shipment of 
the same merchandise for a flat fee in the range of $125-$500.
    LRDM contends that the intent of the LSE was to give consumers 
``access to low-cost transportation services as an alternative to 
traditional, full-service, moving companies.'' The intent of its 
exemption application is exactly the same; to give consumers access to 
an efficient and affordable shipping option for SRS.
    LRDM states that the HHG regulations were not meant to regulate 
SRS. LRDM believes the HHG regulations, as they are currently applied 
to smaller shipments, are unnecessary and unreasonable. Rather than 
being a means of protecting the public from carrier abuses, HHG 
regulations burden LRDM's customers with excessive costs and 
unreasonably lengthy and confusing forms that undermine DOT's 
transportation policy goals.
    LRDM advises that the forms require LRDM to spend time and 
resources assisting its customers traverse the maze of paperwork 
required by the HHG regulations no matter how small the shipment. These 
resources could be used to make SRS shipments more affordable and more 
efficient.
    A copy of LRDM's application for the exemption is available for 
review in the docket for this notice.

    Issued on: August 18, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20498 Filed 8-25-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices                                            59033

                                                  Floodplain Management; E.O. 12898                       Ground Floor, Room W12–140,                           can contact you if it has questions
                                                  Federal Actions to Address                              Washington, DC 20590–0001.                            regarding your submission.
                                                  Environmental Justice in Minority                         • Hand Delivery or Courier: West                       To submit your comment online, go to
                                                  Populations and Low Income                              Building, Ground Floor, Room W12–                     www.regulations.gov and put the docket
                                                  Populations.                                            140, 1200 New Jersey Avenue SE.,                      number, ‘‘FMCSA–2016–0268’’ in the
                                                  (Catalog of Federal Domestic Assistance                 between 9 a.m. and 5 p.m., Monday                     ‘‘Keyword’’ box, and click ‘‘Search.’’
                                                  Program Number 20.205, Highway Planning                 through Friday, except Federal holidays.              When the new screen appears, click on
                                                  and Construction. The regulations                         • Fax: 1–202–493–2251.                              ‘‘Comment Now!’’ button and type your
                                                  implementing Executive Order 12372                         Each submission must include the
                                                  regarding intergovernmental consultation on
                                                                                                                                                                comment into the text box in the
                                                  Federal programs and activities apply to this
                                                                                                          Agency name and the docket number for                 following screen. Choose whether you
                                                  program.)                                               this notice. Note that DOT posts all                  are submitting your comment as an
                                                                                                          comments received without change to                   individual or on behalf of a third party
                                                     Authority: 23 U.S.C. 139(l)(1).                      www.regulations.gov, including any                    and then submit. If you submit your
                                                    Issued on: August 12, 2016.                           personal information included in a                    comments by mail or hand delivery,
                                                  Catherine A. Batey,
                                                                                                          comment. Please see the Privacy Act                   submit them in an unbound format, no
                                                                                                          heading below.                                        larger than 81⁄2 by 11 inches, suitable for
                                                  Division Administrator, Springfield, Illinois.
                                                                                                             Docket: For access to the docket to                copying and electronic filing. If you
                                                  [FR Doc. 2016–20229 Filed 8–25–16; 8:45 am]
                                                                                                          read background documents or                          submit comments by mail and would
                                                  BILLING CODE 4910–RY–P                                  comments, go to www.regulations.gov at                like to know that they reached the
                                                                                                          any time or visit Room W12–140 on the                 facility, please enclose a stamped, self-
                                                                                                          ground level of the West Building, 1200               addressed postcard or envelope. FMCSA
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          New Jersey Avenue SE., Washington,                    will consider all comments and material
                                                  Federal Motor Carrier Safety                            DC, between 9 a.m. and 5 p.m., ET,                    received during the comment period
                                                  Administration                                          Monday through Friday, except Federal                 and may grant or not grant this
                                                                                                          holidays. The on-line FDMS is available               application based on your comments.
                                                                                                          24 hours each day, 365 days each year.
                                                  [Docket No. FMCSA–2016–0268]
                                                                                                             Privacy Act: In accordance with 5                  III. Legal Basis
                                                  Household Goods Consumer                                U.S.C. 553(c), DOT solicits comments                     Before operating for hire in interstate
                                                  Protection: Application for Exemption;                  from the public to better inform its                  commerce, a motor carrier must obtain
                                                  La Rosa Del Monte Express Inc.                          rulemaking process. DOT posts these                   commercial registration under 49 U.S.C.
                                                  (LRDM)                                                  comments, without edit, including any                 13902 and comply with the
                                                                                                          personal information the commenter                    requirements of § 13902(a)(1). To
                                                  AGENCY: Federal Motor Carrier Safety                    provides, to www.regulations.gov, as                  provide transportation of HHG, a motor
                                                  Administration (FMCSA), DOT.                            described in the system of records                    carrier must also comply with the
                                                  ACTION: Notice of application for                       notice (DOT/ALL–14 FDMS), which can                   requirements of § 13902(a)(2).
                                                  exemption; request for comments.                        be reviewed at www.dot.gov/privacy.                      However, under 49 U.S.C. 13541(a),
                                                                                                          FOR FURTHER INFORMATION CONTACT: For                  the Secretary of Transportation ‘‘shall
                                                  SUMMARY:   FMCSA announces that La                      information concerning this notice,                   exempt a person, class of persons, or a
                                                  Rosa Del Monte Express, Inc. (LRDM)                     please contact Mr. Tom Yager, Chief,                  transaction or service from the
                                                  has requested an exemption for its                      FMCSA Driver and Carrier Operations                   application, in whole or in part, of a
                                                  specialized ‘‘Small Residential                         Division; Telephone: (614) 942–6477;                  provision of this part [part B of subtitle
                                                  Shipments’’ (SRS) from the consumer                     Email: MCPSD@dot.gov. If you have                     IV of title 49, United States Code, i.e.,
                                                  protection regulations for the                          questions on viewing or submitting                    49 U.S.C. chapters 131–149], or use this
                                                  transportation of household goods                       material to the docket, contact Docket                exemption authority to modify the
                                                  (HHG) in interstate commerce. LRDM                      Services, telephone (202) 366–9826.                   application of a provision of this part as
                                                  requested that its SRS consisting of                                                                          it applies to such person, class,
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  fewer than 10 items weighing less than                                                                        transaction, or service, when the
                                                  1,000 pounds total be exempted from                     I. Public Participation and Request for               Secretary . . . finds that the application
                                                  the HHG regulations. LRDM claims that                   Comments                                              of that provision—(1) is not necessary to
                                                  the need for the exemption is made                                                                            carry out the transportation policy of
                                                                                                            FMCSA encourages you to participate
                                                  clear by the statutory Limited Service                                                                        section 13101; (2) is not needed to
                                                                                                          by submitting comments and related
                                                  Exclusion (LSE) for household goods                                                                           protect shippers from the abuse of
                                                                                                          materials.
                                                  motor carriers. LRDM believes that an                                                                         market power or that the transaction or
                                                  SRS exemption is consistent with the                    Submitting Comments                                   service is of limited scope; and (3) is in
                                                  purpose of the LSE.                                       If you submit a comment, please                     the public interest.’’
                                                  DATES: Comments must be received on                     include the docket number for this                       Nonetheless, ‘‘The exemption
                                                  or before September 26, 2016.                           notice (FMCSA–2016–0268), indicate                    authority under this section may not be
                                                  ADDRESSES: You may submit comments                      the specific section of this document to              used to relieve a person from the
                                                  bearing the Federal Docket Management                   which the comment applies, and                        application of, and compliance with,
                                                  System (FDMS) Docket ID FMCSA–                          provide a reason for suggestions or                   any law, rule, regulation, standard, or
                                                  2016–0268 using any of the following                    recommendations. You may submit                       order pertaining to cargo loss and
mstockstill on DSK3G9T082PROD with NOTICES




                                                  methods:                                                your comments and material online or                  damages, insurance, [or] safety fitness
                                                     • Federal eRulemaking Portal:                        by fax, mail, or hand delivery, but                   . . .’’ [49 U.S.C. 13541(e)(1)].
                                                  www.regulations.gov. Follow the online                  please use only one of these means.                      The Secretary’s authority to enforce
                                                  instructions for submitting comments.                   FMCSA recommends that you include                     49 U.S.C. 13902 and 13541 have been
                                                     • Mail: Docket Management Facility,                  your name and a mailing address, an                   delegated to FMCSA by 49 CFR
                                                  U.S. Department of Transportation, 1200                 email address, or a phone number in the               1.87(a)(5) and 1.87(a)(3), respectively.
                                                  New Jersey Avenue SE., West Building,                   body of your document so the Agency                   This notice seeks to clarify the


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                                                  59034                          Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices

                                                  exemption sought by LRDM, in light of                   because LRDM takes the time and effort                  to burden its customers with the
                                                  the limitations set forth in § 13541(e)(1).             to load and unload these small                          ‘‘excessive costs’’ and ‘‘unreasonable
                                                                                                          shipments for its customers. As a result                forms’’ associated with HHG regulations
                                                  IV. Background
                                                                                                          the regulations classify these shipments                intended for much larger moves, LRDM
                                                     A motor carrier engaged in the                       as large HHG moves.                                     would be able to offer shipment of the
                                                  interstate transportation of household                     LRDM seeks the ability to offer its                  same merchandise for a flat fee in the
                                                  goods must follow the regulations in 49                 customers an option to ship a limited                   range of $125–$500.
                                                  CFR part 375. The term ‘‘household                      number of small items at a flat rate that                  LRDM contends that the intent of the
                                                  goods motor carrier’’ is defined in                     its customers can afford, free from extra               LSE was to give consumers ‘‘access to
                                                  section 375.103 as a motor carrier that,                costs and burdens associated with HHG                   low-cost transportation services as an
                                                  in the ordinary course of business of                   regulations. LRDM is requesting that its                alternative to traditional, full-service,
                                                  providing transportation of household                   specialized service be exempt from the                  moving companies.’’ The intent of its
                                                  goods, offers some or all of the following              HHG requirements under 49 CFR part                      exemption application is exactly the
                                                  additional services: binding and                        375. LRDM asserts that its SRS warrant                  same; to give consumers access to an
                                                  nonbinding estimates; inventorying;                     an exemption from the application of                    efficient and affordable shipping option
                                                  protective packing and unpacking of                     part 375 because such an exemption is                   for SRS.
                                                  items at personal residences; and                       in the public interest. It claims that the                 LRDM states that the HHG regulations
                                                  loading and unloading at personal                       exemption would further support DOT’s                   were not meant to regulate SRS. LRDM
                                                  residences. However, the term HHG                       transportation policy goals by                          believes the HHG regulations, as they
                                                  motor carrier excludes any motor carrier                promoting safe, economical, and                         are currently applied to smaller
                                                  providing transportation of HHGs in                     efficient transportation by allowing a                  shipments, are unnecessary and
                                                  containers or trailers that are entirely                variety of quality and price options to                 unreasonable. Rather than being a
                                                  loaded and unloaded by an individual                    the public.                                             means of protecting the public from
                                                  (other than an employee or agent of the                    To LRDM’s knowledge no other                         carrier abuses, HHG regulations burden
                                                  motor carrier). This is the LSE                         carrier/mover, ground, freight, or                      LRDM’s customers with excessive costs
                                                  provision.                                              otherwise, offers a similar service. These              and unreasonably lengthy and confusing
                                                  V. Request for Exemption                                shipments are unique and in a class of                  forms that undermine DOT’s
                                                                                                          their own; are too large and/or heavy for               transportation policy goals.
                                                     LRDM (US DOT # 25982) is a                           ground transportation; and too small to                    LRDM advises that the forms require
                                                  minority-owned motor carrier with its                   be economical or affordable to be                       LRDM to spend time and resources
                                                  principal place of business located in                  shipped as freight or through a portable                assisting its customers traverse the maze
                                                  Bronx, New York. According to LRDM,                     storage container covered under the                     of paperwork required by the HHG
                                                  for almost 50 years this company has                    LSE.                                                    regulations no matter how small the
                                                  been a leader in providing interstate                      LRDM explains that its customers                     shipment. These resources could be
                                                  household goods moving and storage                      cannot turn to traditional ground                       used to make SRS shipments more
                                                  services for primarily minority                         carriers because the SRS shipments far                  affordable and more efficient.
                                                  communities from and between New                        exceed those services’ 150 pound                           A copy of LRDM’s application for the
                                                  York, Florida, Connecticut, Illinois,                   maximum weight for any one parcel.                      exemption is available for review in the
                                                  Massachusetts, Pennsylvania, Puerto                     Nor can its customers turn to less-than-                docket for this notice.
                                                  Rico, and the Dominican Republic.                       truckload (LTL) freight services which
                                                     According to LRDM, in the past                                                                                 Issued on: August 18, 2016.
                                                                                                          are prohibitively expensive due to                      Larry W. Minor,
                                                  several years there has been a need in                  mileage and other freight charges. LTL
                                                  communities served by LRDM for an                                                                               Associate Administrator for Policy.
                                                                                                          carriers also require sophisticated
                                                  efficient, low-cost, no-frills shipment                 packing with items securely fastened to                 [FR Doc. 2016–20498 Filed 8–25–16; 8:45 am]
                                                  service for SRS consisting primarily of                 a pallet or skid.                                       BILLING CODE 4910–EX–P
                                                  fewer than 10 items weighing a total of                    LRDM advises that customers cannot
                                                  no more than 1,000 pounds. Such items                   turn to the portable storage container
                                                  include bicycles, refrigerators, washer/                service options. According to LRDM,                     DEPARTMENT OF TRANSPORTATION
                                                  dryers and other similar goods. In                      those services, although excluded from
                                                  response to this need, LRDM offers an                                                                           Federal Motor Carrier Safety
                                                                                                          HHG moving regulations under the LSE,                   Administration
                                                  SRS service that it says combines the                   are not made for SRS and are
                                                  efficiency and economy of freight with                  prohibitively expensive. For example,                   Amended Pre-Trip Safety Information
                                                  the safety and professional service of a                the cost of shipping an average sized                   for Motorcoach Passengers
                                                  traditional HHG move.                                   refrigerator from New York to Miami
                                                     LRDM contends that the HHG                           would cost between $600–$1,000 by                       AGENCY: Federal Motor Carrier Safety
                                                  regulations hinder its efforts to meet the              traditional freight service (not including              Administration (FMCSA), DOT.
                                                  needs of the communities it serves. The                 the cost and time to properly pack and                  ACTION: Notice.
                                                  regulations do not exempt SRS under                     secure the refrigerator on a pallet) and
                                                  the Limited Service Exclusion 1 (LSE)                   over $1,800 by a portable storage                       SUMMARY:   The FMCSA amends its pre-
                                                                                                          container service. However, in                          trip safety guidance recommending that
                                                    1 The LSE is a statutory provision that pertains to
                                                                                                          comparison, if LRDM was not required                    the motorcoach industry encourage
                                                  the definition of ‘‘household goods motor carrier.’’                                                            passengers to use lap/shoulder seat
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Through the LSE, Congress specifically excluded
                                                  certain motor carriers from the definition of           household goods, including form requirements),
                                                                                                                                                                  belts. This amended guidance is
                                                  household goods motor carriers, and thus exempted       365 (for motor carrier registration requirements) and   provided in response to National
                                                  those carriers from household goods regulations         387 (for insurance requirements). See 49 U.S.C.         Transportation Safety Board (NTSB)
                                                  when the carrier ‘‘does not load and unload’’ the       13102(12)(C): see also 49 CFR 375.103, HHG              recommendations and the National
                                                  contents of the containers the carrier is shipping.     definition, paragraphs (3) and (4); Limited Service
                                                  Carriers falling under the LSE are not subject to       Exclusion for Household Goods Motor Carriers and
                                                                                                                                                                  Highway Transportation Safety
                                                  household goods and consumer protection                 Related Registration Requirements for Brokers, 78       Administration’s (NHTSA) Final Rule
                                                  regulations under FMCSA regulations parts 375 (for      Fed. Reg. 19568 (Apr. 1, 2013).                         published on November 25, 2013 [78 FR


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Document Created: 2016-08-26 10:40:58
Document Modified: 2016-08-26 10:40:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before September 26, 2016.
ContactFor information concerning this notice, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Telephone: (614) 942-6477; Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation81 FR 59033 

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