[Federal Register Volume 63, Number 155 (Wednesday, August 12, 1998)]
[Proposed Rules]
[Pages 43128-43129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21610]


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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.

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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. 98-21610 Filed 8-11-98; 8:45 am]
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