[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Rules and Regulations]
[Page 56208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24499]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 375

[Docket No. FMCSA-97-2979]
RIN 2126-AA32


Transportation of Household Goods; Consumer Protection 
Regulations; Delay of Compliance Date

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

ACTION: Interim final rule; delay of compliance date.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) delays 
the compliance date for the new part 375, Transportation of Household 
Goods; Consumer Protection Regulations, which was published as an 
interim final rule on June 11, 2003. That rule amends regulations 
governing the interstate transportation of household goods. On August 
25, 2003, FMCSA received two petitions for reconsideration of the rule. 
On the same date, one of the petitioners, the American Moving and 
Storage Association, submitted a separate Petition for Stay of 
Effective Date. The reconsideration petitions address a variety of 
issues, both substantive and technical. The interim final rule took 
effect on September 9, 2003, with mandatory compliance to begin March 
1, 2004. As the rule's effective date has passed, we are delaying the 
compliance date to gain time to consider fully the petitioners' 
concerns.

DATES: The compliance date of the interim final rule amending 49 CFR 
part 375 published at 68 FR 35066 on June 11, 2003, is delayed 
indefinitely. The Administration will publish a document in the Federal 
Register announcing the new compliance date.

FOR FURTHER INFORMATION CONTACT: Mr. Nathaniel Jackson, Household Goods 
Enforcement Team Leader, (MC-ECI), 202-366-6406, FMCSA, 400 Seventh 
Street, SW., Room 8310, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: In the Motor Carrier Safety Improvement Act 
of 1999 (Pub. L. 106-159), which established FMCSA as a separate agency 
within the U.S. Department of Transportation (DOT), Congress authorized 
FMCSA to regulate the interstate transportation of household goods. In 
earlier legislation, Congress abolished the Interstate Commerce 
Commission and transferred the Commission's jurisdiction over household 
goods transportation to DOT (ICC Termination Act of 1995, Pub. L. 104-
88). Prior to FMCSA's establishment, the Secretary of Transportation 
delegated this household goods jurisdiction to the Federal Highway 
Administration (FHWA).
    In May 1998, FHWA published a notice of proposed rulemaking 
requesting comments on its proposal to amend the household goods 
regulations at 49 CFR part 375 and the credit regulations at part 377 
(63 FR 27126, May 15, 1998). The public submitted more than 50 comments 
on the proposal. FMCSA modified the substance of the proposed rule in 
light of concerns raised by some of the commenters, including the 
American Moving and Storage Association, and published an interim final 
rule on June 11, 2003 (68 FR 35064), to become effective September 9, 
2003, with mandatory compliance to begin March 1, 2004. We published an 
interim final rule rather than a final rule to allow the Office of 
Management and Budget additional time to complete its review of 
information collection requirements.
    On August 25, 2003, FMCSA received two petitions for 
reconsideration of the interim final rule. The petitioners are (1) the 
American Moving and Storage Association and (2) United Van Lines, LLC 
and Mayflower Transit, LLC. On the same date, the American Moving and 
Storage Association submitted a separate Petition for Stay of Effective 
Date. The reconsideration petitions address a variety of issues, both 
substantive and technical. Certain of the substantive concerns will 
require the agency's careful analysis. The rule took effect on 
September 9, 2003, but compliance was not required until March 1, 2004. 
As the rule's effective date has passed, we are delaying the compliance 
date until further notice in order to consider fully the petitioners' 
concerns. FMCSA will publish a document in the Federal Register 
promulgating any necessary technical corrections and/or substantive 
changes, and announcing the new compliance date for the rule.
    FMCSA recognizes that interstate household goods carriers will 
require sufficient time to prepare for compliance with this rule. Prior 
to the compliance date, carriers will need to conduct an educational 
process, make document changes, and revise operational procedures. In 
addition, the compliance date must precede the summer peak moving 
season, which begins May 15, 2004. FMCSA will ensure that the new 
compliance date provides the household goods transportation industry 
with this vital lead time.

    Issued on: September 23, 2003.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 03-24499 Filed 9-29-03; 8:45 am]
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