View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2126-0048
ICR Reference No:
202012-2126-003
Status:
Historical Active
Previous ICR Reference No:
201708-2126-002
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Practices of Household Goods Brokers
Type of Information Collection:
Reinstatement with change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/20/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/08/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2024
36 Months From Approved
Responses
500,084
0
0
Time Burden (Hours)
72,808
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
This is an ICR revision. The collection of information is mandatory and is for recordkeeping purposes. The Brokers of Household Goods Final Rule (75 FR 72987) requires brokers to obtain a signed and dated receipt from the individual shippers for the “Ready to Move” brochure and the “Your Rights and Responsibilities When You Move” pamphlet. Brokers that arrange the transportation of HHG in interstate or foreign commerce for consumers must provide: their U.S. DOT number on their advertisements and Internet Web sites; estimates of expected moving charges and brokerage fees; FMCSA pamphlets containing tips for successful moves and the consumer’s rights and responsibilities; and the broker’s policies concerning deposits, cancellations, and refunds. Brokers must either provide a hyperlink on their Internet website to the FMCSA website containing the brochure and pamphlet in FMCSA’s publications, or brokers must distribute to each shipper and potential shipper at the time they provide an estimate, copies of FMCSA’s publications. If an individual shipper elects to waive physical receipt of the Federal consumer protection information and elects to access the same information via the hyperlink on the Internet then the broker must include a clear and concise statement on the written estimate that the individual shipper expressly agreed to access the Federal consumer protection information on the Internet. The broker must obtain a signed, dated, electronic or paper receipt showing the individual shipper has received both booklets which includes, if applicable, verification of the shipper’s agreement to access the Federal consumer protection information on the Internet. The broker must maintain the signed receipt for three years from the date the individual shipper signs the receipt. The collected information assists shippers in their commercial dealings with interstate brokers. The collection of information is used by prospective shippers to make informed decisions about contracts and services to be ordered, executed, and settled within the interstate motor carrier industry. These actions are intended to help ensure the individual shippers who arrange for transportation of HHG through brokers receive necessary information regarding their rights and responsibilities in connection with interstate HHG moves, to educate shippers and prepare them for a successful move. The information will be collected when a shipper requests that a broker provide an estimate and when a shipper arranges for a broker to have a particular mover transport household goods. Therefore, frequency is based on the number of moves arranged and is not a factor that FMCSA or the broker can control. The frequency of information collection is done more often than quarterly as it is done as services are requested by the shipper. This will help enforcement personnel determine whether the individual shipper actually received the information. The updated information collection introduced the concept of “phases.” The ICR is divided into 4 ICs and phases as follows: IC1: First Phase: “Prospecting” which is when looking for HHG brokers, shippers usually start at solicitation material and brokers’ websites. Brokers must collect and provide the requirements on their marketing material and/or internet website. IC2: Second Phase: “Contact” which is when HHG shippers make reasonable requests to HHG brokers for additional information regarding their services, and brokers must collect the information and distribute it to shippers. IC3: Third Phase: “Estimate” which is when a HHG shipper requests an estimate, the broker must collect the information and distribute it to the shipper. IC4: Fourth Phase: “Agreement” which is when the HHG brokers and the HHG shippers prepare to enter into agreements, brokers must collect the information and distribute it to HHG shippers.
Authorizing Statute(s):
PL:
Pub.L. 109 - 59 4212
Name of Law: Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 55571
09/08/2020
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 7777
02/01/2021
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
IC1: First Phase: "Prospecting"
IC2.1: Second Phase: "Contact"
IC2.2: Second Phase: "Contact"
IC3.1: Third Phase: "Estimate"
IC3.2: Third Phase: "Estimate"
IC3.3: Third Phase: "Estimate"
IC4: Fourth Phase: "Agreement"
Practices of Household Goods Brokers
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
500,084
0
0
397,369
0
102,715
Annual Time Burden (Hours)
72,808
0
0
2,723
0
70,085
Annual Cost Burden (Dollars)
0
0
0
-1,677,327
0
1,677,327
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
FMCSA revises the total annual burden to 72,808 hours. This is a 2,723 annual burden hour increase from the currently approved 70,085 annual burden estimate. This increase in the previous iteration did not account for the time brokers use to complete a “waiver” should shippers choose to waive their rights to a physical survey, if applicable to a shipper, as required by 49 CFR parts 371.113(c)(1), (c)(2), & (c)(3). In addition, the previous iteration did not clarify a frequency formula used to calculate the number of times brokers collect and submit information to shippers. The previously approved annual burden labor costs of $1,677,327 was inadvertently reported in the burden table above, however the requested annual burden costs of $2.365 million is presented in the supporting statement and not reported in the table. As a result of the annual hourly burden increase, the estimate of annual burden costs to respondents is also revised from $1.677 million to $2.365 million, an increase of $0.688 million.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Monique Riddick 202 366-8045
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
02/08/2021
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