Motor carrier safety standards: Household goods transportation; consumer protection regulations,

[Federal Register: August 12, 1998 (Volume 63, Number 155)]

[Proposed Rules]

[Page 43128-43129]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12au98-23]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 375 and 377

[Docket No. FHWA-97-2979]

RIN 2125-AE30

Transportation of Household Goods; Consumer Protection Regulations

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Extension and reopening of comment period.

SUMMARY: The FHWA is extending and reopening this rulemaking's comment period for an additional 60 day period of time. This is in response to one petition received by the FHWA requesting an extension of the comment period closing date. The petitioner based her request upon her belief that the FHWA provided too brief an opportunity to enable individual consumers, as opposed to industry lobbyists, to become aware of the rulemaking, to digest the NPRM's contents and to respond to the opportunity with comments. This NPRM is required, in part, by the Paperwork Reduction Act of 1995, because most of the information collection burdens formerly imposed by the Interstate Commerce Commission have never received Office of Management and Budget (OMB) approval.

DATES: Comments to the NPRM should be received no later than October 13, 1998. The FHWA will consider late comments to the extent practicable.

ADDRESSES: Signed, written comments should refer to the docket number appearing at the top of this document and must be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Vining, Chief, Licensing and Insurance Division (HIA-30), Office of Motor Carrier Information Analysis, (202) 358-7055, Mr. Michael Falk, Motor Carrier Law Division, Office of the Chief Counsel (HCC-20), (202) 366-1384, or Mr. David Miller, Office of Motor Carrier Research and Standards (HCS-10), (202) 366-1790, Federal Highway Administration, Department of Transportation, 400 Seventh Street, SW., Washington, D.C. 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

Internet users may access all comments received by the U.S. DOT Dockets, Room PL-401, by using the universal resource locator (URL): http://dms.dot.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions on-line for more information and help.

You may download an electronic copy of this document using a personal computer, modem, and suitable communications software from the Federal Register Electronic Bulletin Board Service at (202) 512-1661. Internet users may reach the Federal Register's home page at URL: http://www.nara.gov/fedreg and at the Government Printing Office's databases at URL:http://www.access.gpo.gov/su__docs.

Background

On May 15, 1998, (63 FR 27126), the FHWA published an NPRM requesting comments to a proposed rule. The proposed rule would regulate motor carriers transporting household goods by requiring these motor carriers to provide certain services to protect consumers.

Many customers of household goods carriers, particularly those customers who move at their own expense and are infrequent users of transportation services, are unsophisticated and less able to protect themselves than commercial shippers. In order to ensure these consumers are protected, the Interstate Commerce Commission (ICC) had prescribed regulations governing the transportation of household goods. These regulations were codified at 49 CFR part 1056.

Following the termination of the ICC, the responsibility for the household goods regulations was delegated to the Secretary of Transportation pursuant to the ICCTA, Pub. L. 104-88, 109 Stat. 803, effective January 1, 1996. The Surface Transportation Board (STB) and the FHWA transferred these regulations from 49 CFR chapter X, Part 1056 to 49 CFR chapter III, Part 375 on October 21, 1996. See 61 FR 54706. On December 27, 1996 (61 FR 68162), the Secretary of Transportation delegated to the Federal Highway Administrator the responsibilities to carry out certain functions and exercise the authority vested in the Secretary under the ICCTA, including 49 U.S.C. 14104, Household goods carrier operations.

Enactment of the ICCTA requires deletion from the regulations of all references to the former ICC and repealed sections of the Interstate Commerce Act, revision of the regulations to codify the transfer to the FHWA of oversight responsibilities for the household goods moving industry, and other editorial corrections.

The FHWA also must seek and obtain OMB approval for the information the FHWA proposes motor carriers and individual shippers must collect, disseminate, and disclose in 49 CFR part 375. ``Controlling Paperwork Burdens on the Public,'' 5 CFR part 1320, implements the Paperwork Reduction Act of 1995 (Pub. L. 104-13 (May 22, 1995). Part 1320 requires the FHWA to obtain OMB approval before the FHWA requires the public to collect, disseminate, and disclose the information proposed in 49 CFR part 375. The NPRM's 60-day comment period is serving as the 60-day period required under 5 CFR 1320.8(d), 1320.11, and 1320.12.

On July 3, 1998, the FHWA received a petition from Barbara R. Kueppers, Esquire, to extend the comment period for an additional 60- day period. She stated the original 60-day period allotted too brief an opportunity ``to enable individual consumers, as opposed to industry lobbyists, to be aware of the rulemaking, to digest the contents of the proposed rules and to respond with meaningful comments.''

For the reason in the above paragraph, the FHWA finds good cause to extend this NPRM comment period closing date until October 13, 1998, to provide individual consumers and others additional time to digest the NPRM's contents and to respond with salient comments.

[[Page 43129]]

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.

List of Subjects in 49 CFR Part 377

Credit, Freight forwarders, Highways and roads, Motor carriers.

Authority: 23 U.S.C. 315 and 49 CFR 1.48.

Issued on: August 5, 1998. Kenneth R. Wykle, Federal Highway Administrator.

[FR Doc. 98-21610Filed8-11-98; 8:45 am]

BILLING CODE 4910-22-M