82_FR_39145 82 FR 38988 - Agency Information Collection Activities; Reinstatement of an Information Collection: Practices of Household Goods Brokers

82 FR 38988 - Agency Information Collection Activities; Reinstatement of an Information Collection: Practices of Household Goods Brokers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range38988-38989
FR Document2017-17307

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 reinstatement and approval and invites public comment. The FMCSA requests approval to reinstate, with changes, the ICR titled ``Practices of Household Brokers'' to no longer include one-time costs previously incurred by brokers, and to update other wage related costs that have changed since the last approval. This ICR requires reinstatement because the previous ICR expired on July 31, 2017, before the ICR renewal request could be submitted to OMB for approval. The reinstatement of this ICR is necessary, and FMCSA's responsibility to ensure consumer protection in the transportation of household goods (HHG).

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38988-38989]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17307]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0006]


Agency Information Collection Activities; Reinstatement of an 
Information Collection: Practices of Household Goods Brokers

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

ACTION: Notice and request for comments.

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

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 
reinstatement and approval and invites public comment. The FMCSA 
requests approval to reinstate, with changes, the ICR titled 
``Practices of Household Brokers'' to no longer include one-time costs 
previously incurred by brokers, and to update other wage related costs 
that have changed since the last approval. This ICR requires 
reinstatement because the previous ICR expired on July 31, 2017, before 
the ICR renewal request could be submitted to OMB for approval. The 
reinstatement of this ICR is necessary, and FMCSA's responsibility to 
ensure consumer protection in the transportation of household goods 
(HHG).

DATES: Please send your comments by September 15, 2017. OMB must 
receive your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2017-0006. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of

[[Page 38989]]

Management and Budget. Comments should be addressed to the attention of 
the Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to 
[email protected], or faxed to (202) 395-6974, or mailed to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Docket Library, Room 10102, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Monique Riddick, Commercial 
Enforcement and Investigations Division, U. S. Department of 
Transportation, Federal Motor Carrier Safety Administration, West 
Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone: 202-366-8045; email [email protected].

SUPPLEMENTARY INFORMATION: There were no comments received from the 60-
day Federal Register notice (82 FR 14102) published on March 16, 2017.
    Background: FMCSA amended then-existing regulations for brokers in 
response to 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). The final rule, titled ``Brokers of 
Household Goods Transportation by Motor Vehicles,'' (75 FR 72987, Nov. 
29, 2010), amended 49 CFR part 371, by providing additional consumer 
protection responsibilities for brokers of HHG. Specifically, section 
4212 of SAFETEA-LU directs the Secretary to require HHG brokers to 
provide individual shippers with the following information whenever a 
broker has contact with a shipper or potential shipper:
    1. The broker's USDOT number.
    2. The FMCSA booklet titled ``Your Rights and Responsibilities When 
You Move.''
    3. A list of all authorized motor carriers providing transportation 
of HHG used by the broker and a statement that the broker is not a 
motor carrier providing transportation of HHG.
    The collection of information required in the referenced final rule 
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 collected makes that possible. 
It also combats deceptive business practices as the information helps 
enforcement personnel better protect consumers by verifying that 
shippers are receiving information to which they are entitled by 
regulation.
    HHG brokers are required to provide individual shippers the ``Your 
Rights and Responsibilities When You Move'' booklet and the ``Ready to 
Move'' brochure. They have the option of providing paper copies or 
presenting the information through a link on their Internet Web site. 
The broker is required to document with signed receipts that the 
individual shipper was provided those materials. HHG brokers are also 
required to provide the list of HHG motor carriers for which it would 
arrange transportation to move a potential individual shipper's HHG, 
and that broker's identification information:
    1. Assigned USDOT number; and
    2. Address.
    With this renewal, FMCSA makes a change to the collection to an 
adjustment in estimate. A program estimate change of 19,522 annual 
burden hours is the result of the removal of a 1,000 burden-hours that 
are no longer applicable. There is also an updated estimate in the 
number of household goods brokers which also contributes to the change 
of 19,522 in the calculated burden hours.
    Title: Practices of Household Goods Brokers.
    OMB Control Number: 2126-0048.
    Type of Request: Reinstatement of an information collection.
    Respondents: Brokers of Household Goods.
    Estimated Number of Respondents: 543 brokers.
    Estimated Time per Response: 0.25 hours per day x 240 workdays for 
transactions per household goods broker; 20 hours per year per broker 
for Web site/ad modifications; 10 hours per year per household goods 
broker for creating a list of carriers; 0.5 hours per month x 12 months 
per household goods broker for confirming required information; 0.083 
hour per year x 36.8 explanations on average per household goods 
broker; 4 hours per year x 5 agreements per household goods broker for 
annual agreements through turnover; and 10 hours per year per household 
goods broker for disclosure and records.
    Expiration Date: July 31, 2017.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 70,000 hours.
    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 information 
collection.

    Issued under the authority of 49 CFR 1.87 on: August 10, 2017.
Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2017-17307 Filed 8-15-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    38988                      Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices

                                                    methods by which that revenue is                        notice by selecting ‘‘Notice’’ under                    We will post comments in the docket
                                                    collected.                                              ‘‘Document Type’’ on the left side of the             for public inspection, except business
                                                       • Whether the market is owned,                       search-results page, and click on the                 confidential information. You can view
                                                    operated or otherwise affiliated with a                 link entitled ‘‘Comment Now!’’ You                    comments on the https://
                                                    government entity.                                      should provide comments in an                         www.regulations.gov Web site by
                                                       • Types of counterfeit or pirated                    attached document, and name the file                  entering docket number USTR–2017–
                                                    products or services sold, traded,                      according to the following protocol, as               0015 in the search field on the home
                                                    distributed or otherwise made available                 appropriate: Commenter Name or                        page.
                                                    at that market.                                         Organization_2017 Notorious Markets
                                                       • Volume of counterfeit or pirated                   OCR. Please include the following                     Elizabeth Kendall,
                                                    goods or services or other indicia of a                 information in the ‘‘Type Comment’’                   Acting Assistant U.S. Trade Representative
                                                    market’s scale, reach or relative                       field: ‘‘2017 Out-of-Cycle Review of                  for Innovation and Intellectual Property,
                                                    significance in a given geographic area                                                                       Office of the United States Trade
                                                                                                            Notorious Markets.’’ USTR prefers                     Representative.
                                                    or with respect to a category of goods or               submissions in Microsoft Word (.doc) or
                                                                                                                                                                  [FR Doc. 2017–17287 Filed 8–15–17; 8:45 am]
                                                    services.                                               Adobe Acrobat (.pdf) format. If the
                                                       • Estimates of economic harm to right                submission is in another file format,                 BILLING CODE 3290–F7–P

                                                    holders resulting from the piracy or                    please indicate the name of the software
                                                    counterfeiting and a description of the                 application in the ‘‘Type Comment’’
                                                    methodology used to calculate the harm.                 field. For further information on using               DEPARTMENT OF TRANSPORTATION
                                                       • Whether the volume of counterfeit                  the www.regulations.gov Web site,
                                                    or pirated goods or estimates of harm                   please select ‘‘How to Use                            Federal Motor Carrier Safety
                                                    has increased or decreased from                         Regulations.gov’’ on the bottom of any                Administration
                                                    previous years, and an approximate                      page.                                                 [Docket No. FMCSA–2017–0006]
                                                    calculation of that increase or decrease                   Please do not attach separate cover
                                                    for each year.                                          letters to electronic submissions; rather,            Agency Information Collection
                                                       • Whether the infringing goods or                    include any information that might                    Activities; Reinstatement of an
                                                    services sold, traded, distributed or                   appear in a cover letter in the comments              Information Collection: Practices of
                                                    made available pose a risk to public                    themselves. Similarly, to the extent                  Household Goods Brokers
                                                    health or safety.                                       possible, please include any exhibits,
                                                       • Any known contractual, civil,                                                                            AGENCY: Federal Motor Carrier Safety
                                                                                                            annexes, or other attachments in the
                                                    administrative or criminal enforcement                                                                        Administration (FMCSA), DOT.
                                                                                                            same file as the comment itself, rather
                                                    activity against the market and the                     than submitting them as separate files.               ACTION: Notice and request for
                                                    outcome of that enforcement activity.                      For any comment submitted                          comments.
                                                       • Additional actions taken by rights                 electronically that contains business                 SUMMARY:   In accordance with the
                                                    holders against the market such as                      confidential information, the file name               Paperwork Reduction Act of 1995,
                                                    takedown notices, requests to sites to                  of the business confidential version                  FMCSA announces its plan to submit
                                                    remove URLs or infringing content,                      should begin with the characters ‘‘BC’’.              the Information Collection Request (ICR)
                                                    cease and desist letters, warning letters               Any page containing business
                                                                                                                                                                  described below to the Office of
                                                    to landlords and requests to enforce the                confidential information must be clearly
                                                                                                                                                                  Management and Budget (OMB) for
                                                    terms of their leases, requests to                      marked ‘‘BUSINESS CONFIDENTIAL’’
                                                                                                                                                                  reinstatement and approval and invites
                                                    providers to enforce their terms of                     on the top of that page and the
                                                                                                                                                                  public comment. The FMCSA requests
                                                    service or terms of use, and the outcome                submission should clearly indicate, via
                                                                                                                                                                  approval to reinstate, with changes, the
                                                    of these actions.                                       brackets, highlighting, or other means,
                                                                                                                                                                  ICR titled ‘‘Practices of Household
                                                       • Additional actions taken by the                    the specific information that is business
                                                                                                                                                                  Brokers’’ to no longer include one-time
                                                    market owners or operators to remove,                   confidential. A filer requesting business
                                                                                                                                                                  costs previously incurred by brokers,
                                                    limit or discourage the availability of                 confidential treatment must certify that
                                                                                                                                                                  and to update other wage related costs
                                                    counterfeit or pirated goods or services,               the information is business confidential
                                                                                                            and would not customarily be released                 that have changed since the last
                                                    including policies to prevent or remove
                                                                                                            to the public by the submitter.                       approval. This ICR requires
                                                    access to such goods or services, or to
                                                                                                            Additionally, the submitter should type               reinstatement because the previous ICR
                                                    disable seller or user accounts; the
                                                                                                            ‘‘Business Confidential 2017 Out-of-                  expired on July 31, 2017, before the ICR
                                                    effectiveness of market policies and
                                                                                                            Cycle Review of Notorious Markets’’ in                renewal request could be submitted to
                                                    guidelines in addressing counterfeiting
                                                                                                            the ‘‘Comment’’ field.                                OMB for approval. The reinstatement of
                                                    and piracy; and the level of cooperation
                                                                                                               Filers of comments containing                      this ICR is necessary, and FMCSA’s
                                                    with right holders and law enforcement.
                                                       • Any other additional information                   business confidential information also                responsibility to ensure consumer
                                                    relevant to the review.                                 must submit a public version of their                 protection in the transportation of
                                                                                                            comments. The file name of the public                 household goods (HHG).
                                                    III. Submission Instructions                            version should begin with the character               DATES: Please send your comments by
                                                       All submissions must be in English                   ‘‘P’’. The non-business confidential                  September 15, 2017. OMB must receive
                                                    and sent electronically via                             version will be placed in the docket at               your comments by this date in order to
                                                                                                                                                                  act quickly on the ICR.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    www.regulations.gov. To submit                          www.regulations.gov and be available
                                                    comments, locate the docket (folder) by                 for public inspection.                                ADDRESSES: All comments should
                                                    entering the docket number USTR–                           As noted, USTR strongly urges                      reference Federal Docket Management
                                                    2017–0015 in the ‘‘Enter Keyword or IP’’                submitters to file comments through                   System (FDMS) Docket Number
                                                    window at the regulations.gov                           www.regulations.gov. You must make                    FMCSA–2017–0006. Interested persons
                                                    homepage and click ‘‘Search.’’ The site                 any alternative arrangements in advance               are invited to submit written comments
                                                    will provide a search-results page listing              of the relevant deadline and before                   on the proposed information collection
                                                    all documents associated with this                      transmitting a comment by contacting                  to the Office of Information and
                                                    docket. Locate the reference to this                    USTR at Special301@ustr.eop.gov.                      Regulatory Affairs, Office of


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                                                                               Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices                                                 38989

                                                    Management and Budget. Comments                         information collected makes that                      necessary for the performance of
                                                    should be addressed to the attention of                 possible. It also combats deceptive                   FMCSA’s functions; (2) the accuracy of
                                                    the Desk Officer, Department of                         business practices as the information                 the estimated burden; (3) ways for
                                                    Transportation/Federal Motor Carrier                    helps enforcement personnel better                    FMCSA to enhance the quality,
                                                    Safety Administration, and sent via                     protect consumers by verifying that                   usefulness, and clarity of the collected
                                                    electronic mail to oira_submission@                     shippers are receiving information to                 information; and (4) ways that the
                                                    omb.eop.gov, or faxed to (202) 395–                     which they are entitled by regulation.                burden could be minimized without
                                                    6974, or mailed to the Office of                           HHG brokers are required to provide                reducing the quality of the collected
                                                    Information and Regulatory Affairs,                     individual shippers the ‘‘Your Rights                 information. The agency will summarize
                                                    Office of Management and Budget,                        and Responsibilities When You Move’’                  or include your comments in the request
                                                    Docket Library, Room 10102, 725 17th                    booklet and the ‘‘Ready to Move’’                     for OMB’s clearance of this information
                                                    Street NW., Washington, DC 20503.                       brochure. They have the option of                     collection.
                                                    FOR FURTHER INFORMATION CONTACT:                        providing paper copies or presenting the                Issued under the authority of 49 CFR 1.87
                                                    Monique Riddick, Commercial                             information through a link on their                   on: August 10, 2017.
                                                    Enforcement and Investigations                          Internet Web site. The broker is required             Kelly Regal,
                                                    Division, U. S. Department of                           to document with signed receipts that                 Associate Administrator, Office of Research
                                                    Transportation, Federal Motor Carrier                   the individual shipper was provided                   and Information Technology.
                                                    Safety Administration, West Building                    those materials. HHG brokers are also                 [FR Doc. 2017–17307 Filed 8–15–17; 8:45 am]
                                                    6th Floor, 1200 New Jersey Avenue SE.,                  required to provide the list of HHG                   BILLING CODE 4910–EX–P
                                                    Washington, DC 20590–0001.                              motor carriers for which it would
                                                    Telephone: 202–366–8045; email                          arrange transportation to move a
                                                    monique.riddick@dot.gov.                                potential individual shipper’s HHG, and               DEPARTMENT OF TRANSPORTATION
                                                    SUPPLEMENTARY INFORMATION: There
                                                                                                            that broker’s identification information:
                                                                                                               1. Assigned USDOT number; and                      Federal Railroad Administration
                                                    were no comments received from the
                                                                                                               2. Address.
                                                    60-day Federal Register notice (82 FR                      With this renewal, FMCSA makes a                   [Docket No. FRA–2017–0074; Notice No. 1]
                                                    14102) published on March 16, 2017.                     change to the collection to an
                                                       Background: FMCSA amended then-                                                                            Addressing Electrode-Induced Rail
                                                                                                            adjustment in estimate. A program                     Pitting From Pressure Electric Welding
                                                    existing regulations for brokers in                     estimate change of 19,522 annual
                                                    response to Title IV, Subtitle B of the                 burden hours is the result of the                     AGENCY:  Federal Railroad
                                                    Safe, Accountable, Flexible, Efficient,                 removal of a 1,000 burden-hours that are              Administration (FRA), Department of
                                                    Transportation Equity Act: A Legacy for                 no longer applicable. There is also an                Transportation (DOT).
                                                    Users (SAFETEA–LU) (Pub. L. 109–59)                     updated estimate in the number of                     ACTION: Notice of draft Safety Advisory;
                                                    and a petition for rulemaking from the                  household goods brokers which also                    request for comment.
                                                    American Moving and Storage                             contributes to the change of 19,522 in
                                                    Association (AMSA). The final rule,                     the calculated burden hours.                          SUMMARY:   This document provides
                                                    titled ‘‘Brokers of Household Goods                        Title: Practices of Household Goods                notice of FRA’s intent to issue a Safety
                                                    Transportation by Motor Vehicles,’’ (75                 Brokers.                                              Advisory alerting railroads, contractors,
                                                    FR 72987, Nov. 29, 2010), amended 49                       OMB Control Number: 2126–0048.                     and the rail welding industry of the
                                                    CFR part 371, by providing additional                      Type of Request: Reinstatement of an               potential for electrode-induced rail
                                                    consumer protection responsibilities for                information collection.                               pitting and fatigue cracking during the
                                                    brokers of HHG. Specifically, section                      Respondents: Brokers of Household                  pressure electric rail welding process.
                                                    4212 of SAFETEA–LU directs the                          Goods.                                                Based on investigation and research,
                                                    Secretary to require HHG brokers to                        Estimated Number of Respondents:                   FRA believes improper electrode
                                                    provide individual shippers with the                    543 brokers.                                          contact to the rail during the welding
                                                    following information whenever a                           Estimated Time per Response: 0.25                  process can result in electrode-induced
                                                    broker has contact with a shipper or                    hours per day × 240 workdays for                      pitting that may lead to fatigue fracture
                                                    potential shipper:                                      transactions per household goods                      and ultimately rail failure. The draft
                                                       1. The broker’s USDOT number.                        broker; 20 hours per year per broker for              Safety Advisory includes
                                                       2. The FMCSA booklet titled ‘‘Your                   Web site/ad modifications; 10 hours per               recommendations to help the industry
                                                    Rights and Responsibilities When You                    year per household goods broker for                   prevent electrode-induced rail pitting
                                                    Move.’’                                                 creating a list of carriers; 0.5 hours per            and to inspect for and then remediate
                                                       3. A list of all authorized motor                    month × 12 months per household                       such pitting if it occurs. FRA invites
                                                    carriers providing transportation of                    goods broker for confirming required                  public comment on all aspects of the
                                                    HHG used by the broker and a statement                  information; 0.083 hour per year × 36.8               draft Safety Advisory.
                                                    that the broker is not a motor carrier                  explanations on average per household                 DATES: Interested persons are invited to
                                                    providing transportation of HHG.                        goods broker; 4 hours per year × 5                    submit comments on the draft Safety
                                                       The collection of information required               agreements per household goods broker                 Advisory provided below on or before
                                                    in the referenced final rule assists                    for annual agreements through turnover;               October 16, 2017.
                                                    shippers in their business dealings with                and 10 hours per year per household                   ADDRESSES: Comments in response to
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    interstate HHG brokers. The information                 goods broker for disclosure and records.              this notice may be submitted by any of
                                                    collected is used by prospective                           Expiration Date: July 31, 2017.                    the following methods:
                                                    shippers to make informed decisions                        Frequency of Response: On occasion.                  • Web site: The Federal eRulemaking
                                                    about contracts, services ordered,                         Estimated Total Annual Burden:                     Portal, www.Regulations.gov. Follow the
                                                    executed, and settled. The HHG broker                   70,000 hours.                                         Web site’s online instructions for
                                                    is often the primary contact for                           Public Comments Invited: You are                   submitting comments.
                                                    individual shippers and in the best                     asked to comment on any aspect of this                  • Fax: 202–493–2251.
                                                    position to educate shippers and                        information collection, including: (1)                  • Mail: Docket Management Facility,
                                                    prepare them for a successful move. The                 Whether the proposed collection is                    U.S. Department of Transportation,


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Document Created: 2017-08-16 10:26:51
Document Modified: 2017-08-16 10:26:51
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 and request for comments.
DatesPlease send your comments by September 15, 2017. OMB must receive your comments by this date in order to act quickly on the ICR.
ContactMonique Riddick, Commercial Enforcement and Investigations Division, U. S. Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590- 0001. Telephone: 202-366-8045; email [email protected]
FR Citation82 FR 38988 

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