[Federal Register: April 23, 2007 (Volume 72, Number 77)]
[Notices]               
[Page 20164-20165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap07-95]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26304]

 
Agency Information Collection Activities; Revision of Approved 
Information Collections: OMB Control Numbers 2126-0010 (Motor Carrier 
Safety Assistance Program) and 2126-0025 (Transportation of Household 
Goods; Consumer Protection)

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

ACTION: Notice and request for comments.

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SUMMARY: The FMCSA invites public comment on its intent to request 
approval from the Office of Management and Budget (OMB) to revise two 
(2) information collections (ICs) entitled, ``Motor Carrier Safety 
Assistance Program'' (2126-0010) and ``Transportation of Household 
Goods; Consumer Protection'' (2126-0025). These revised ICs are 
necessary to ensure that motor carriers and the States comply with 
changes made by various provisions of the Safe Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 
that will be implemented in a separate final rule. On November 20, 
2006, the agency published a Federal Register notice with a 60-day 
comment period to solicit the public's views on three information 
collections. The agency received one comment, which contained no 
substantive remarks pertaining to any of the information collections, 
and consequently was not incorporated into our supporting statement. We 
are required to publish this notice in the Federal Register by the 
Paperwork Reduction Act of 1995 and implementing regulations.

DATES: Comments must be submitted on or before May 23, 2007.

ADDRESSES: You may submit comments to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 Seventeenth 
Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.
    Privacy Act: Anyone is able to search the electronic form of all 
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 DOT's 
complete Privacy Act Statement in the Federal Register on April 11, 
2000 (65 FR 19477), or you may visit http://dms.dot.gov.


[[Page 20165]]


FOR FURTHER INFORMATION CONTACT: Requests for further information, 
including copies of the proposed collection of information and 
supporting documentation can be obtained by contacting Mr. Frederic L. 
Wood, Office of Chief Counsel, Regulatory Affairs Division (MC-CCR), 
Federal Motor Carrier Safety Administration, Room 8201, 400 Seventh 
Street, SW., Washington, DC 20590; telephone (202) 366-0834. Office 
hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: The information stated below reflects the 
proposed changes to various regulatory provisions impacted by SAFETEA-
LU and the new total annual burden hours for each.

(1) Title: Motor Carrier Safety Assistance Program.
    OMB Control No.: 2126-0010.
    Form No.: Forms MCSAP-1, MCSAP-2, and MCSAP-2A.
    Type of Review: Revision of a currently approved collection.
    Respondents: State Grant Applicants.
    Number of Respondents: 52 (per quarter).
    Estimated Time per Response: 80 hours.
    Expiration Date: November 30, 2007.
    Frequency: Annually (grant application) and quarterly (reports).
    Total Annual Burden: 11,232 hours.

(2) Title: Transportation of Household Goods; Consumer Protection.
    OMB Control No.: 2126-0025.
    Form No.: Form MCSA-2P.
    Type of Review: Revision of a currently approved collection.
    Respondents: Motor Carriers and Individual Shippers of Household 
Goods.
    Number of Respondents: 5,400.
    Estimated Time per Response: Varies from 30 minutes to distribute 
consumer publication to 150 minutes to conduct physical survey.
    Expiration Date: August 31, 2008.
    Frequency: On occasion.
    Total Annual Burden: 4,552,737 hours.

Background

    Summarized below is information for the two (2) information 
collection requests subject to this notice. The information collection 
requests explained below are based on changes required by the enactment 
of SAFETEA-LU, Pub. L. 109-59, 119 Stat. 1144 (Aug. 10, 2005). We also 
correct previously published information regarding a third information 
collection.
    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 et seq., established a 
program of financial assistance to the States to implement programs to 
enforce Federal and compatible State rules, regulations, standards, and 
orders applicable to commercial motor vehicle (CMV) safety. SAFETEA-LU 
amended 49 U.S.C. 31102(b)(1) to modify the conditions a State must 
meet to qualify for grant funds through MCSAP and now requires the 
following conditions be addressed in the State's Commercial Vehicle 
Safety Plan: (1) Deploying technology as part of performance-based 
activities to enhance the efficiency and effectiveness of CMV safety 
programs; (2) disseminating information as part of the CMV and non-CMV 
licensing examination information on best practices for driving safely 
in the vicinity of non-commercial and commercial motor vehicles; (3) 
conducting comprehensive and highly visible traffic enforcement and CMV 
safety inspection programs in high-risk areas; (4) ensuring that 
inspections of certain passenger vehicles are conducted at a station or 
other facility where a motor carrier may make a planned stop; and (5) 
allowing the use of funds to conduct documented enforcement of State 
traffic laws. The overall impact of these financial assistance 
provisions decreases total burden hours of information collection 2126-
0010 by an estimated 622 hours, chiefly as a result of non-CMV traffic 
enforcement activities.
    Second, 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. Title IV, Subtitle B of SAFETEA-LU 
amended various provisions of existing law regarding household goods 
transportation. Several of those provisions, specifically addressing: 
Definitions (section 4202); payment of rates (section 4203); carrier 
operations (section 4205); liability of carriers under receipts and 
bills of lading (section 4207); arbitration requirements (section 
4208); and penalties for holding goods hostage (section 4210), result 
in changes that affect information collection activities. These 
provisions require corresponding changes to the ''Your Rights and 
Responsibilities When You Move'' consumer pamphlet. Section 4205 also 
requires the motor carrier to provide to the shipper a copy of the 
publication ''Ready to Move?'' (or its successor publication). These 
publications provide concise, valuable consumer protection information 
regarding the legal rights of individual shippers. The household goods 
transportation provisions of SAFETEA-LU increase total paperwork 
burdens of information collection 2126-0025 by an estimated 182,700 
burden hours compared to the previously approved burden. The largest 
portion of this increase is generated by requirements in section 4205 
regarding the estimate of the transportation charges and the physical 
survey of the household goods.
    Third, the separate final rule will not affect the currently-
approved information clearance OMB Control Number 2126-0011, entitled 
``Commercial Driver Licensing and Test Standards,'' which was 
referenced in the previous Federal Register notice. After we published 
the 60-day notice, the OMB approved this information collection on 
December 21, 2006, at a revised total of 1,210,401 burden hours, with 
an expiration date of April 30, 2007. This change is independent of, 
and not caused in any way by, the provisions in the final rule. We 
anticipate no additional change in the burden hours for this 
information collection at this time. We seek public comment on this 
assumption.
    Public Comments Invited: You are asked to comment on any aspect of 
the information collections referenced here, including: (1) Whether the 
proposed collection is necessary for the FMCSA's performance; (2) the 
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information.

    Issued on: April 13, 2007.
D. Marlene Thomas,
Associate Administrator Administration.
[FR Doc. E7-7627 Filed 4-20-07; 8:45 am]

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