[Federal Register: September 30, 2003 (Volume 68, Number 189)]
[Rules and Regulations]
[Page 56208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se03-18]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 375
[Docket No. FMCSA-97-2979]
RIN 2126-AA32
Transportation of Household Goods; Consumer Protection
Regulations; Delay of Compliance Date
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Interim final rule; delay of compliance date.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) delays
the compliance date for the new part 375, Transportation of Household
Goods; Consumer Protection Regulations, which was published as an
interim final rule on June 11, 2003. That rule amends regulations
governing the interstate transportation of household goods. On August
25, 2003, FMCSA received two petitions for reconsideration of the rule.
On the same date, one of the petitioners, the American Moving and
Storage Association, submitted a separate Petition for Stay of
Effective Date. The reconsideration petitions address a variety of
issues, both substantive and technical. The interim final rule took
effect on September 9, 2003, with mandatory compliance to begin March
1, 2004. As the rule's effective date has passed, we are delaying the
compliance date to gain time to consider fully the petitioners'
concerns.
DATES: The compliance date of the interim final rule amending 49 CFR
part 375 published at 68 FR 35066 on June 11, 2003, is delayed
indefinitely. The Administration will publish a document in the Federal
Register announcing the new compliance date.
FOR FURTHER INFORMATION CONTACT: Mr. Nathaniel Jackson, Household Goods
Enforcement Team Leader, (MC-ECI), 202-366-6406, FMCSA, 400 Seventh
Street, SW., Room 8310, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: In the Motor Carrier Safety Improvement Act
of 1999 (Pub. L. 106-159), which established FMCSA as a separate agency
within the U.S. Department of Transportation (DOT), Congress authorized
FMCSA to regulate the interstate transportation of household goods. In
earlier legislation, Congress abolished the Interstate Commerce
Commission and transferred the Commission's jurisdiction over household
goods transportation to DOT (ICC Termination Act of 1995, Pub. L. 104-
88). Prior to FMCSA's establishment, the Secretary of Transportation
delegated this household goods jurisdiction to the Federal Highway
Administration (FHWA).
In May 1998, FHWA published a notice of proposed rulemaking
requesting comments on its proposal to amend the household goods
regulations at 49 CFR part 375 and the credit regulations at part 377
(63 FR 27126, May 15, 1998). The public submitted more than 50 comments
on the proposal. FMCSA modified the substance of the proposed rule in
light of concerns raised by some of the commenters, including the
American Moving and Storage Association, and published an interim final
rule on June 11, 2003 (68 FR 35064), to become effective September 9,
2003, with mandatory compliance to begin March 1, 2004. We published an
interim final rule rather than a final rule to allow the Office of
Management and Budget additional time to complete its review of
information collection requirements.
On August 25, 2003, FMCSA received two petitions for
reconsideration of the interim final rule. The petitioners are (1) the
American Moving and Storage Association and (2) United Van Lines, LLC
and Mayflower Transit, LLC. On the same date, the American Moving and
Storage Association submitted a separate Petition for Stay of Effective
Date. The reconsideration petitions address a variety of issues, both
substantive and technical. Certain of the substantive concerns will
require the agency's careful analysis. The rule took effect on
September 9, 2003, but compliance was not required until March 1, 2004.
As the rule's effective date has passed, we are delaying the compliance
date until further notice in order to consider fully the petitioners'
concerns. FMCSA will publish a document in the Federal Register
promulgating any necessary technical corrections and/or substantive
changes, and announcing the new compliance date for the rule.
FMCSA recognizes that interstate household goods carriers will
require sufficient time to prepare for compliance with this rule. Prior
to the compliance date, carriers will need to conduct an educational
process, make document changes, and revise operational procedures. In
addition, the compliance date must precede the summer peak moving
season, which begins May 15, 2004. FMCSA will ensure that the new
compliance date provides the household goods transportation industry
with this vital lead time.
Issued on: September 23, 2003.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 03-24499 Filed 9-29-03; 8:45 am]