Attachment G - Final rule titled “Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements”

Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
This temporary stay is not subject to
the National Technology Transfer and
Advancement Act of 1995 (‘‘NTTAA’’).
Section 12(d) of the NTTAA, Public Law
104–113, 12(d) (15 U.S.C. 272 note),
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.

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J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations

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EPA has determined that this action
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not change the substance of 40 CFR
52.1628.

DEPARTMENT OF TRANSPORTATION

K. Congressional Review Act

RIN 2126–AB41

This action is not subject to the
Congressional Review Act (‘‘CRA’’). The
CRA, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The Section 804(3) of the
CRA defines ‘‘rule’’ as having the same
meaning given to such term in section
551 of the APA. See 5 U.S.C. 551(4).
Since this action is not designed to
implement, interpret, or prescribe law
or policy, within the meaning of APA,
this action is exempted from the
reporting requirements of the CRA.

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

List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Best available control
technology, Incorporation by reference,
Intergovernmental relations, Interstate
transport of pollution, Nitrogen dioxide,
Ozone, Particulate matter, Regional
haze, Reporting and recordkeeping
requirements, Sulfur dioxide, Visibility.
Dated: July 2, 2012.
Lisa P. Jackson,
Administrator.

Title 40, chapter I, of the Code of
Federal Regulations is amended as
follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:

■

This temporary stay is not subject to
Executive Order 12898. Executive Order
12898 (59 FR 7629, February 16, 1994),
establishes federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.

41699

Authority: 42 U.S.C. 7401 et seq.

2. Effective July 16, 2012, 40 CFR
52.1628 is stayed until October 15,
2012.

■

[FR Doc. 2012–16952 Filed 7–13–12; 8:45 am]
BILLING CODE 6560–50–P

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Federal Motor Carrier Safety
Administration
49 CFR Part 375
[Docket No. FMCSA–2011–0313]

Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Direct final rule; request for
comments.
AGENCY:

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,
SUMMARY:

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

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

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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 81⁄2 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

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‘‘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

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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

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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 § 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);
§ 375.405(d) (non-binding estimates);
and § 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 § 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

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ultimately do not use its services. As a
result, § 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

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41701

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
The Agency has updated its baseline
for burden estimates and costs to
respondents in regard to consumers
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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(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

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).

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

TABLE 1—SUMMARY OF REVISIONS TO ANNUAL HOURLY BURDEN ESTIMATES DUE TO AGENCY ERRORS
Collection

Old burden

Revision due
to error

Revision due
to agency
error (old—
error)

IC1:
‘‘Ready to Move?’’ ................................................................................................................
‘‘Rights & Responsibilities’’ ...................................................................................................
Complaint & Inquiry Program Summary ..............................................................................
Arbitration Procedure Summary ...........................................................................................
Create Summaries ................................................................................................................
Website Hyperlink .................................................................................................................
Signed Receipts ...................................................................................................................

3,000
68,000
1,000
1,000
2,400
0
........................

0
¥34,000
¥500
¥500
0
0
0

3,000
34,000
500
500
2,400
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
Revision due
to agency
error

Collection

Revision due
to HHG broker
final rule

Total after
HHG broker
final rule
(error—HHG
broker final
rule)

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IC1:
‘‘Ready to Move?’’ ................................................................................................................
‘‘Rights & Responsibilities’’ ...................................................................................................
Complaint & Inquiry Program Summary ..............................................................................
Arbitration Procedure Summary ...........................................................................................
Create Summaries ................................................................................................................
Website Hyperlink .................................................................................................................
Signed Receipts ...................................................................................................................

3,000
34,000
500
500
2,400
0
0

¥1,500
¥20,400
0
0
0
1,000
24,000

1,500
13,600
500
500
2,400
1,000
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

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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

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with this direct final rule (Docket No.
FMCSA–2011–0313).

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41703

TABLE 3—SUMMARY OF REVISIONS OF ESTIMATES OF ANNUAL COSTS TO RESPONDENTS
Collection

New cost

Old cost

Total cost
reduction
(new—old)

IC1:
‘‘Ready to Move?’’ ................................................................................................................
‘‘Rights & Responsibilities’’ ...................................................................................................
Complaint & Inquiry Program Summary ..............................................................................
Arbitration Procedure Summary ...........................................................................................

$288,000
3,264,000
120,000
120,000

$720,000
8,160,000
120,000
120,000

¥$432,000
¥4,896,000
0
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.

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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

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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.

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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

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41704

Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations

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
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.

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

■

§ 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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120109034–2171–01]
RIN 0648–XC077

Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Adjustment of Georges Bank
Yellowtail Flounder Annual Catch
Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of annual catch limits.

wreier-aviles on DSK5TPTVN1PROD with RULES

AGENCY:

NMFS announces
adjustments to the 2012 fishing year

SUMMARY:

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(FY) Georges Bank (GB) yellowtail
flounder annual catch limits (ACLs) for
the Atlantic scallop and Northeast (NE)
multispecies fisheries. This action is
based on new projections of the
expected catch of GB yellowtail
flounder by the scallop fishery and is
consistent with a request for the ACL
adjustments from the New England
Fishery Management Council (Council).
The intent is to provide additional
harvest opportunity to the NE
multispecies fishery while ensuring
sufficient amounts of GB yellowtail
flounder are available for the scallop
fishery.
DATES: Effective July 13, 2012, through
April 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fisheries Management
Specialist, (978) 675–2153, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Background
The GB yellowtail catch limit for U.S.
fisheries, commonly called quotas, are
set through an agreement process with
Canada as part of the U.S./Canada
Resource Sharing Understanding
(Understanding). Scientists from both
countries conduct a joint assessment of
the transboundary stock and provide
advice on catch level recommendations
to a joint U.S. and Canadian committee
called the Transboundary Management
Guidance Committee (TMGC). The
TMGC establishes an overall quota,
called the Total Shared Total Allowable
Catch (TAC), which is then subdivided
to the two countries using an agreedupon allocation formula. For FY 2012,
the U.S. portion of this quota is 564 mt.
The Council makes recommendations
to NMFS on further partitioning the U.S.
GB yellowtail quota between the NE
multispecies, scallop, and other
fisheries. The allocation to the scallop
fishery, known as the sub-ACL, is
specified in regulations to be set at an
amount equal to 90 percent of the
projected need by that fishery, to
maximize scallop catch. The groundfish
sub-ACL is determined after deducting
the sub-ACL allocated to the scallop
fishery and the sub-ACLs allocated to
the state-waters fisheries and nongroundfish fisheries. Framework
Adjustment (FW) 44 to the NE
Multispecies Fishery Management Plan
(FMP), implemented May 1, 2010 (75 FR
18356), established the current sub-ACL
allocation to the scallop fishery at 307.5
mt. FW 47 to the FMP, implemented
May 2, 2012 (77 FR 26104), established
the 2012 FY GB yellowtail flounder subACL for the groundfish fishery at 217.7
mt.

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Scallop fishing vessels, which catch
GB yellowtail flounder while fishing for
scallops, are required to retain all legalsized yellowtail flounder they catch. All
yellowtail flounder caught by scallop
vessels, including those discarded at
sea, are counted against the scallop
fishery’s sub-ACL. The majority of
groundfish vessels catch GB yellowtail
flounder in trawl nets, either as
incidental catch while targeting other
groundfish stocks, or while targeting GB
yellowtail flounder.
Almost all of the GB yellowtail
flounder caught by NE multispecies
fishing vessels are caught by vessels
participating in the sector program.
Sectors receive an Annual Catch
Entitlement (ACE) for each regulated
groundfish species allocated, including
GB yellowtail flounder in the GB broad
stock area. The amount of ACE varies by
sector. When a sector has caught its
entire available ACE for a given stock,
vessels in that sector can no longer fish
within the applicable stock area for that
fish stock. The amount of the sub-ACL
allocated to groundfish vessels,
therefore, can be constraining on sector
vessels that are fishing for other
groundfish species, or that are targeting
GB yellowtail flounder.
During the April 25, 2012, Council
meeting in Mystic, CT, members of the
NE multispecies fishing industry
expressed concern to the Council that
the 2012 NE multispecies GB yellowtail
flounder sub-ACL of 217.7 mt is too
low. Given this concern and indications
that the scallop fishery sub-ACL for GB
yellowtail flounder may be higher than
needed by the scallop fishery in light of
more current catch information, the
Council requested that NMFS create a
GB yellowtail flounder working group to
explore the possibilities of increasing
the amount of GB yellowtail sub-ACL
allocated to the groundfish fishery. The
request suggested that the working
group include members from the TMGC,
Council Groundfish and Scallop
Committees, and NMFS and Council
staff. The Council requested that the
working group review the possibility of
revising the sub-ACLs for the scallop
and groundfish fisheries based on new
information suggesting that the
projections of GB yellowtail flounder
catch in the scallop fishery were much
higher than needed, and to consider
modification of the U.S. and Canadian
shares of GB yellowtail flounder
established through the Understanding.
In response to this request, NMFS
formed a working group, which also
included fishing industry and
nongovernmental organization
representatives. The working group held
teleconferences on May 11, 2012, and

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