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Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements

American Government Special Collections Reference Desk

Trucking
Federal Motor Carrier Safety Administration

Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements

Anne S. Ferro
July 16, 2012


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Pages 41699-41704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17268]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 375

[Docket No. FMCSA-2011-0313]
RIN 2126-AB41


Transportation of Household Goods in Interstate Commerce; 
Consumer Protection Regulations: Household Goods Motor Carrier Record 
Retention Requirements

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

ACTION: Direct final rule; request for comments.

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

SUMMARY: FMCSA amends the regulations governing the period during which 
household goods (HHG) motor carriers must retain documentation of an 
individual shipper's waiver of receipt of printed copies of consumer 
protection materials. This change harmonizes the retention period with 
other document retention requirements applicable to HHG motor carriers. 
FMCSA also amends the regulations to clarify that a HHG motor carrier 
is not required to retain waiver documentation from any individual 
shippers for whom the carrier does not actually provide services. This 
rule responds to a petition filed by the American Moving and Storage 
Association (AMSA).

DATES: This final rule is effective November 13, 2012, unless an 
adverse comment, or notice of intent to submit an adverse comment, is 
either submitted to the above docket via http://www.regulations.gov on 
or before August 15, 2012 or reaches the Docket Management Facility by 
that date. If an adverse comment, or notice of intent to submit an 
adverse comment, is received by August 15, 2012, we will withdraw this 
direct final rule and publish a timely notice of withdrawal in the 
Federal Register.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2011-0313 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30) West Building Ground 
Floor Room W12-140, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., E.T., Monday through Friday,

[[Page 41700]]

except Federal holidays. The telephone number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Comments'' portion of the SUPPLEMENTARY 
INFORMATION section below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA Household Goods 
Enforcement and Compliance Team Leader, (202) 385-2400.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Comments

    If you would like to participate in this rulemaking, you may submit 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (FMCSA-2011-0313), indicate the specific section of this 
direct final rule to which each comment applies, and provide a reason 
for each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission. As a reminder, FMCSA will only consider adverse 
comments as defined in 49 CFR 389.39(b) and explained below.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Final Rule'' and insert ``FMCSA-2011-0313'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. 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 them by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``FMCSA-2011-0313'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
If you do not have access to the Internet, you may also view the docket 
online by visiting the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

II. Regulatory Information

    FMCSA publishes this direct final rule under 49 CFR 389.39 because 
the Agency determined that the rule is a routine and non-controversial 
amendment to 49 CFR part 375. The rule reduces the record retention 
period in 49 CFR 375.213(e)(3) from three years to one year to 
harmonize it with the retention period required for other household 
goods shipping documents. It also clarifies that a household goods 
motor carrier is not required to retain waiver documentation from an 
individual shipper for whom the carrier does not transport household 
goods or provide related services. FMCSA does not expect any adverse 
comments to this rule because it merely makes this recordkeeping 
requirement consistent with others in 49 CFR part 375. If no adverse 
comments, or notices of intent to submit an adverse comment, are 
received by August 15, 2012, this rule will become effective as stated 
in the DATES section. In that case, approximately 30 days before the 
effective date, we will publish a document in the Federal Register 
stating that no adverse comments were received and confirming that this 
rule will become effective as scheduled. However, if we receive any 
adverse comments or notices of intent to submit an adverse comment, we 
will publish a document in the Federal Register announcing the 
withdrawal of all or part of this direct final rule. If we decide to 
proceed with a rulemaking following receipt of any adverse comments, we 
will publish a separate notice of proposed rulemaking (NPRM) and 
provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule or a part of this rule would be inappropriate, including a 
challenge to its underlying premise or approach, or would be 
ineffective or unacceptable without a change.

III. Legal Basis for the Rulemaking

    The Secretary of Transportation's (Secretary) general jurisdiction 
to establish regulations over transportation of property by motor 
carrier is found at 49 U.S.C. 13501. Household goods motor carriers are 
a subset of all property motor carriers and are required by 49 U.S.C. 
13902 to register with FMCSA as HHG motor carriers. The Secretary's 
authority to inspect, copy and set retention periods for HHG motor 
carriers' records is found at 49 U.S.C. 14122. This rulemaking only 
applies to HHG motor carriers that provide for-hire transportation in 
interstate or foreign commerce.
    This rulemaking is based on the statutory provisions cited above 
and on the Household Goods Mover Oversight Enforcement and Reform Act 
of 2005, Title IV, Subtitle B of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
(Pub. L. 109-59). Section 4205 of SAFETEA-LU, codified at 49 U.S.C. 
14104(b)(2), requires HHG motor carriers to distribute the following 
two FMCSA consumer pamphlets to prospective shippers: ``Your Rights and 
Responsibilities When You Move,'' and ``Ready to Move?--Tips for a 
Successful Interstate Move.''
    The Secretary has delegated these various authorities to the FMCSA 
Administrator (49 CFR 1.73(a)).

IV. Background

    On November 29, 2010, FMCSA published a final rule entitled 
``Brokers of Household Goods Transportation by Motor Vehicle'' (73 FR 
72987). That rule amended FMCSA's regulations to require HHG brokers to 
comply with certain consumer protection requirements. As a part of that 
rule, FMCSA also amended existing regulations to permit HHG motor 
carriers to provide FMCSA's consumer protection publications by 
Internet in place of paper copies (49 CFR 375.213(a) and (b)). In 
accordance with that rule, if an individual shipper elects to waive 
physical receipt of the consumer protection information and instead 
chooses to access the information via hyperlink on the Internet, HHG 
motor carriers must obtain a signed paper or electronic

[[Page 41701]]

receipt from the shipper documenting this waiver (49 CFR 
375.213(e)(2)). Household goods motor carriers must keep this receipt 
on file for three years (49 CFR 375.213(e)(3)).
    On January 11, 2011, the American Moving and Storage Association 
(AMSA) submitted a petition for rulemaking to amend 49 CFR 375.213(e). 
AMSA requested that FMCSA reduce the retention period for the waiver 
documentation from three years to one year to harmonize this 
requirement with other one-year document retention requirements in 49 
CFR part 375. AMSA also requested that FMCSA amend Sec.  375.213(e)(3) 
to clarify that household goods motor carriers are only required to 
retain receipts from those shippers for whom they actually provide 
moving services.
    A copy of AMSA's current petition is in Docket FMCSA-2011-0313, as 
well as Docket FMCSA-2004-17008.

V. Discussion of the Rule

    FMCSA amends 49 CFR 375.213(e)(3) by reducing the retention period 
from three years to one year for signed receipts documenting an 
individual shipper's waiver of physical receipt of the consumer 
protection publications ``Your Rights and Responsibilities When You 
Move,'' and ``Ready to Move?--Tips for a Successful Interstate Move.'' 
This change would harmonize this requirement with other requirements in 
part 375 that require HHG motor carriers to retain shipping documents 
for only one year. See, for example, 49 CFR 375.403(c) (binding 
estimates); Sec.  375.405(d) (non-binding estimates); and Sec.  
375.501(g) (orders for service). FMCSA does not believe that any valid 
consumer protection purpose would be served by requiring HHG motor 
carriers to retain the consumer protection waiver receipt documentation 
two years longer than the other documentation about a shipper's move. 
In any event, without the other documentation related to a shipper's 
move, FMCSA would be limited in its ability to use the waiver for 
enforcement purposes.
    FMCSA also amends 49 CFR 375.213(e)(3) by clarifying that a HHG 
motor carrier that obtains a signed waiver from a shipper is required 
to comply with the retention requirements in Sec.  375.213(e)(3) only 
if the carrier actually provides moving services to the shipper. FMCSA 
estimates that shippers solicit approximately three estimates from 
different household goods carriers before choosing one. The Agency does 
not believe there are any significant consumer protection benefits 
associated with requiring a HHG carrier to retain receipts for 
prospective shippers that ultimately do not use its services. As a 
result, Sec.  375.213(e)(3) no longer requires HHG carriers to retain 
receipts from shippers who decide not to use that particular HHG motor 
carrier.

VI. Regulatory Analyses

Executive Order (E.O.) (Regulatory Planning and Review), Executive 
Order 13563 (Improving Regulation and Regulatory Review), and DOT 
Regulatory Policies and Procedures

    FMCSA has determined that this direct final rule is not a 
``significant regulatory action'' within the meaning of Executive Order 
(E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21, 
2011), or within the meaning of DOT regulatory policies and procedures. 
The estimated cost or benefit of the direct final rule is not expected 
to exceed the $100 million annual threshold for economic significance; 
therefore, any costs or benefits associated with the rule are expected 
to be minimal. Moreover, the Agency does not expect the direct final 
rule to generate substantial Congressional or public interest. 
Therefore, this rule has not been formally reviewed by the Office of 
Management and Budget. No expenditures are required of the affected 
population because this rule reduces a regulatory burden.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 
110 Stat. 857), FMCSA is not required to prepare a final regulatory 
flexibility analysis under 5 U.S.C. 604(a) for this final rule because 
the agency has not issued a notice of proposed rulemaking prior to this 
action.

Unfunded Mandates Reform Act

    FMCSA is not required to prepare an assessment under the Unfunded 
Mandates Reform Act of 1995, 2 U.S.C. 1531, et seq., evaluating a 
discretionary regulatory action because the Agency has not issued an 
NPRM prior to this action.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' FMCSA has determined that this rule would not have 
substantial direct effects on States, nor would it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal agency must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information it 
conducts, sponsors, or requires through regulations.
    The FMCSA seeks approval of the collection of information 
requirements in this direct final rule to generate, maintain, retain, 
disclose, and provide information to, or for, the agency under 49 CFR 
part 375. The information collected will assist individual household 
goods shippers in their commercial dealings with interstate household 
goods carriers, thereby providing a desirable consumer protection 
service. The collection of information would be used by prospective 
household goods shippers to make informed decisions about contracts and 
services to be ordered, executed, and settled within the interstate 
household goods carrier industry.
    FMCSA estimates there are approximately 6,000 active household 
goods carriers.\1\ This direct final rule reducing the record retention 
time from 3 years to one year results in a smaller burden on the HHG 
motor carrier industry. However, necessary adjustments were made to 
baseline annual burden and cost estimates because the Agency previously 
failed to account for the paperwork burden/reduction the November 29, 
2010, final rule ``Brokers of Household Goods Transportation by Motor 
Vehicle'' (73 FR 72987) would have on household goods carriers who 
provide consumers electronic access to the mandated consumer protection 
information. FMCSA has calculated a program adjustment decrease of 
31,900 estimated annual burden hours [5,524,500 proposed estimated 
annual burden hours--5,556,400 currently-approved estimated annual 
burden hours = (31,900)] and a decrease of $5,328,000 in estimated 
annual costs to respondents [$4,516,000 proposed annual cost to 
respondents--$9,844,000 currently-approved annual cost to respondents = 
-$5,328,000].\2\
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    \1\ Three year average for 2008--2010. See http://www.fmcsa.dot.gov/documents/facts-research/CMV-Facts.pdf.
    \2\ See http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201007-2126-002.
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    The Agency has updated its baseline for burden estimates and costs 
to respondents in regard to consumers

[[Page 41702]]

(shippers) requesting either printed or electronic copies of Federal 
consumer protection information, specifically, Department of 
Transportation publications FMCSA-ESA-03-005 entitled ``Ready to 
Move?'' and FMCSA-ESA-03-006 ``Your Rights and Responsibilities When 
You Move.'' The Agency estimates that forty percent of consumers will 
request printed copies and the remaining sixty percent will request 
electronic copies. HHG motor carriers may provide a hyperlink directed 
to each of these documents from their Web sites, but are required to 
obtain a receipt that indicates verification of the shipper's agreement 
to access the Federal consumer protection information on the Internet. 
Although an increase in burden hours is associated with carriers 
providing hyperlinks, obtaining, and retaining receipts from shippers 
who elect to access these publications electronically, there is a 
substantial reduction in material costs from producing and storing 
documents. In addition to these adjustments, the Agency identified and 
corrected a calculation error regarding annual burden hours in the 
currently approved Information Collection Request (ICR).
    Table 1 summarizes the revision to annual burden estimates for IC1: 
``Required Information for Prospective Individual Shippers'' based on 
Agency errors found in the calculations done in 2010. A detailed 
analysis of the burden hours can be found in the Paperwork Reduction 
Act supporting statement that corresponds with this direct final rule. 
The supporting statement and its attachments are in the docket 
associated with this direct final rule (Docket No. FMCSA-2011-0313).

              Table 1--Summary of Revisions to Annual Hourly Burden Estimates Due to Agency Errors
----------------------------------------------------------------------------------------------------------------
                                                                                                   Revision due
                                                                                   Revision due      to agency
                           Collection                               Old burden       to error      error (old--
                                                                                                      error)
----------------------------------------------------------------------------------------------------------------
IC1:
    ``Ready to Move?''..........................................           3,000               0           3,000
    ``Rights & Responsibilities''...............................          68,000         -34,000          34,000
    Complaint & Inquiry Program Summary.........................           1,000            -500             500
    Arbitration Procedure Summary...............................           1,000            -500             500
    Create Summaries............................................           2,400               0           2,400
    Website Hyperlink...........................................               0               0               0
    Signed Receipts.............................................  ..............               0               0
                                                                 -----------------------------------------------
        Total for IC1...........................................          75,400         -35,000          40,400
----------------------------------------------------------------------------------------------------------------

    Table 2 below summarizes the revisions to annual burden estimates 
based on the Household Goods Broker final rule of November 29, 2010. 
The direct final rule to reduce the record retention period for 
receipts from three years to one year does not affect the annual burden 
hour estimates, only the capital costs shown in Table 3.

 Table 2--Summary of Revisions to Annual Hourly Burden Estimates Based on HHG Broker Final Rule of November 29,
                                                      2010
----------------------------------------------------------------------------------------------------------------
                                                                                                    Total after
                                                                                                    HHG broker
                                                                   Revision due    Revision due     final rule
                           Collection                                to agency     to HHG broker    (error--HHG
                                                                       error        final rule     broker final
                                                                                                       rule)
----------------------------------------------------------------------------------------------------------------
IC1:
    ``Ready to Move?''..........................................           3,000          -1,500           1,500
    ``Rights & Responsibilities''...............................          34,000         -20,400          13,600
    Complaint & Inquiry Program Summary.........................             500               0             500
    Arbitration Procedure Summary...............................             500               0             500
    Create Summaries............................................           2,400               0           2,400
    Website Hyperlink...........................................               0           1,000           1,000
    Signed Receipts.............................................               0          24,000          24,000
                                                                 -----------------------------------------------
        Total for IC1...........................................          40,400           3,100          43,500
----------------------------------------------------------------------------------------------------------------

    Table 3 summarizes the revision to annual costs to respondents. 
Revisions are due to consumer requests for electronic pamphlets instead 
of printed ones. A detailed analysis of annual costs can be found in 
the Paperwork Reduction Act supporting statement that corresponds with 
this direct final rule. The supporting statement and its attachments 
are in the docket associated with this direct final rule (Docket No. 
FMCSA-2011-0313).

[[Page 41703]]



                    Table 3--Summary of Revisions of Estimates of Annual Costs to Respondents
----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
                           Collection                                New cost        Old cost        reduction
                                                                                                    (new--old)
----------------------------------------------------------------------------------------------------------------
IC1:
    ``Ready to Move?''..........................................        $288,000        $720,000       -$432,000
    ``Rights & Responsibilities''...............................       3,264,000       8,160,000      -4,896,000
    Complaint & Inquiry Program Summary.........................         120,000         120,000               0
    Arbitration Procedure Summary...............................         120,000         120,000               0
                                                                 -----------------------------------------------
        Total Capital Costs for IC1.............................       3,792,000       9,120,000      -5,328,000
----------------------------------------------------------------------------------------------------------------

    We particularly request your comments on whether the collection of 
information is necessary for the FMCSA to meet the goal of 49 CFR part 
375 to protect consumers, including: (1) Whether the information is 
useful to this goal; (2) the accuracy of the estimate of the burden of 
the information collection; (3) ways to enhance the quality, utility 
and clarity of the information collected; and (4) ways to minimize the 
burden of the collection of information on respondents, including the 
use of automated collection techniques or other forms of information 
technology. You may submit comments on the information collection 
burden addressed by this direct final rule to the Office of Management 
and Budget (OMB). The OMB must receive your comments by September 14, 
2012. You must mail or hand deliver your comments to: Attention: Desk 
Officer for the Department of Transportation, Docket Library, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Room 10102, 725 17th Street NW., Washington, DC 20503. Please also 
provide a copy of your comments on the information collection burden 
addressed by this direct final rule to docket FMCSA-2011-0313 in 
www.regulations.gov by one of the four ways shown above under the 
ADDRESSES heading.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The 
Agency has determined under its environmental procedures Order 5610.1, 
published March 1, 2004 in the Federal Register (69 FR 9680), that this 
action is categorically excluded (CE) from further environmental 
documentation under Appendix 2, Paragraph 6(q) of the Order (69 FR 
9703). This CE relates to regulations implementing record preservation 
procedures for household goods freight forwarders, brokers, and motor 
carriers, including record types and retention periods. In addition, 
the Agency believes this rule includes no extraordinary circumstances 
that will have any effect on the quality of the environment. Thus, the 
action does not require an environmental assessment or an environmental 
impact statement.
    FMCSA also analyzed this rule under the Clean Air Act, as amended 
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it does not affect direct or indirect emissions of 
criteria pollutants.

E.O. 13211 (Energy Effects)

    FMCSA has analyzed this direct final rule under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under E.O. 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. Therefore, no Statement of Energy Effects is required.

E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. As discussed previously, this direct final rule is not 
economically significant. Therefore, no analysis of the impacts on 
children is required. In any event, FMCSA does not anticipate that this 
regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights, and has determined it will not affect a 
taking of private property or otherwise have taking implications.

Privacy Impact Assessment

    FMCSA conducted a privacy impact assessment of this rule as 
required by section 522(a)(5) of the FY 2005 Omnibus Appropriations 
Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004) [set out as a 
note to 5 U.S.C. 552a]. Section 522 of title I of division H of the 
Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. 
L. 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note) requires the 
Agency to conduct a privacy impact assessment (PIA) of a regulation 
that will affect the privacy of individuals. This rule does not require 
the collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program. FMCSA 
has determined this rule will not result in a new or revised Privacy 
Act System of Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

List of Subjects in 49 CFR Part 375

    Advertising, Arbitration, Consumer protection, Freight, Highways 
and roads, Insurance, Motor carriers, Moving

[[Page 41704]]

of household goods, Reporting and recordkeeping requirements.

VII. The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part 
375 in title 49, Code of Federal Regulations, chapter III, subchapter 
B, as follows:

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 
CONSUMER PROTECTION REGULATIONS

0
1. The authority citation for part 375 continues to read as follows:

    Authority:  49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902, 
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49 
CFR 1.73.


0
2. Revise Sec.  375.213, paragraph (e)(3), to read as follows:


Sec.  375.213  What information must I provide to a prospective 
individual shipper?

* * * * *
    (e) * * *
    (3) You must maintain the signed receipt required by paragraph 
(e)(2) of this section for one year from the date the individual 
shipper signs the receipt. You are not required to maintain the signed 
receipt when you do not actually transport household goods or perform 
related services for the individual shipper who signed the receipt.

    Issued on: July 6, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-17268 Filed 7-13-12; 8:45 am]
BILLING CODE 4910-EX-P



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