Daily Rules, Proposed Rules, and Notices of the Federal Government
The information stated below reflects the proposed changes and the new total annual burden hours for each.
Summarized below is background information for all three (3) information collection requests subject to this notice.
First, the Motor Carrier Safety Assistance Program (MCSAP) requires that the Secretary of Transportation (Secretary) review reports submitted by the States and conduct inspections to continuously evaluate a State's enforcement plan. Sections 401 through 404 of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424, Jan. 6, 1983) (STAA), as amended by 49 U.S.C. 31100
Second, the Commercial Driver Licensing (CDL) and Test Standards program ensures that licensed drivers are properly qualified to drive the vehicles they operate and that drivers do not have a history of high-risk safety behavior. The Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, Title XII, 100 Stat. 3207-170, Oct. 27, 1986), as amended by 49 U.S.C. chapter 313, required, among other things, that each driver have only one license, that States be notified of any convictions of traffic law violations, and that employers be notified within one business day of notification of suspension, revocation, or cancellation of a license or loss of the right to operate a CMV. States must comply with CDL program requirements and pass State compliance reviews, or a portion of their Federal-aid highway funds can be withheld. SAFETEA-LU made two amendments to the CDL program. Section 4102(b)(2)-(4) increased the minimum disqualification periods and civil penalties for drivers and the maximum civil penalties for employers convicted of violating an out-of-service order. Section 4124(c) modified the State penalty for noncompliance by adding the phrase “up to” before the existing phrases “5 percent” and “10 percent,” respectively. This potentially reduces the penalty provisions for the first and subsequent years, respectively, for noncompliance with the Federal CDL requirements. Because of an adjustment made to reflect the net effect of an increase in the number of CDL driver records and a decrease in the number of active CDL driver records, the paperwork burden has decreased by an estimated 3,142 burden hours. This change is independent of these SAFETEA-LU provisions.
Third, in the Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159, 113 Stat. 1749, Dec. 9, 1999) (MCSIA), Congress authorized the Agency to regulate household goods carriers engaged in interstate operations for individual shippers. In earlier legislation, Congress abolished the Interstate Commerce Commission and transferred the Commission's jurisdiction over household goods transportation to the U.S. Department of Transportation (DOT) (ICC Termination Act of 1995, Public Law 104-88). Prior to FMCSA's establishment, the Secretary delegated this household goods jurisdiction to the Federal Highway Administration, FMCSA's predecessor organization within DOT. A General Accounting Office report, “Consumer Protection: Federal Actions Are Needed to Improve Oversight of the Household Goods Moving Industry,” No. GAO-01-318, found that DOT needed to increase regulatory oversight of the household goods moving industry and increase consumer education. FMCSA subsequently issued rules that clarified industry requirements and continued a requirement that motor carriers provide individual shippers of household goods with the consumer pamphlet “Your Rights and Responsibilities When You Move” (Appendix A to 49 CFR Part 375) to educate consumers on their legal rights in the moving process (70 FR 39949, July 12, 2005).
Sections 4202 through 4216 of SAFETEA-LU amended various provisions of existing law regarding household goods transportation, specifically addressing: definitions (section 4202); payment of rates (section 4203); registration requirements for household goods motor carriers (section 4204); carrier operations (section 4205); enforcement of regulations (section 4206); liability of carriers under receipts and bills of lading (section 4207); arbitration requirements (section 4208); civil penalties for brokers and unauthorized transportation (section
The household goods transportation provisions of SAFETEA-LU increase total paperwork burden by an estimated 278,333 burden hours. The largest portion of this increase stems from requirements in section 4205 regarding the estimate of the transportation charges and the physical survey of the household goods.