Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices 50537 

29. Talisman Energy USA Inc., Pad 

ID: 02 011 DCNR 587, ABR–201106029, 

Ward Township, Tioga County, Pa.; 

Consumptive Use of up to 6.000 mgd; 

Approval Date: June 30, 2011. 

30. EXCO Resources (PA), LLC, Pad 

ID: Poor Shot East Drilling Pad #2, 

ABR–20100681.1, Anthony Township, 

Lycoming County, Pa.; Consumptive 

Use of up to 8.000 mgd; Approval Date: 

June 30, 2011. 

Rescinded Approvals By Rule Issued 

Under 18 CFR 806.22(f): 

1. Hydro Recovery, LP, Blossburg 

Municipal Authority, ABR–201010061, 

Blossburg Borough, Tioga County, Pa.; 

Consumptive Use of up to 0.100 mgd; 

Approval Date: October 21, 2010, 

Rescinded Date: June 30, 2011. 

Authority: Pub. L. 91–575, 84 Stat. 1509 et 

seq., 18 CFR parts 806, 807, and 808. 

Dated: August 5, 2011. 

Stephanie L. Richardson, 

Secretary to the Commission. 

[FR Doc. 2011–20609 Filed 8–12–11; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for the use of non-domestic 

(1) Galvanized ground bushing (3⁄4′′–4′′) 

for electrical systems; (2) Form 5/Form 

7 conduit body assembly (1.5′′, 2′′); and 

(3) sealing locknuts (1.5′′, 2′′), for 

Federal-aid project #X–STP–5900 (212), 

South Auditorium lighting, phase 1, in 

Portland, Oregon. 

DATES: The effective date of the waiver 

is August 16, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

the FHWA’s finding that a Buy America 

waiver is appropriate to use nondomestic (1) Galvanized ground bushing 

(3⁄4′′–4′′) for electrical systems; (2) Form 

5/Form 7 conduit body assembly (1.5′′, 

2′′); and (3) sealing locknuts (1.5′′, 2′′), 

for Federal-aid project #X–STP– 

5900(212), South Auditorium lighting, 

phase 1, in Portland, Oregon. 

In accordance with Division A, 

section 123 of the ‘‘Consolidated 

Appropriations Act, 2010’’ (Pub. L. 111– 

117), the FHWA published a notice of 

intent to issue a waiver on its Web site 

for (1) Galvanized ground bushing (3⁄4′′– 

4′′) for electrical systems; (2) Form 5/ 

Form 7 conduit body assembly (1.5′′, 

2′′); and (3) Sealing Locknuts (1.5′′, 2′′) 

for the Federal-aid project in Oregon 

(http://www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=52) on 

January 10th. The FHWA received six 

comments in response to the 

publication. Four comments opposed 

the approval of the waiver request but 

did not suggest any domestic 

manufacturer of the galvanized ground 

bushing (3⁄4′′–4′′), Form 5/Form 7 

conduit body assembly (1.5′′, 2′′), or 

sealing locknuts (1.5′′, 2′′). One 

commenter supported granting the 

waiver, and the sixth commenter did 

not express support or opposition 

toward the waiver. During the 15-day 

comment period, the FHWA conducted 

additional nationwide review to locate 

potential domestic manufacturers for 

galvanized ground bushing (3⁄4′′–4′′), 

Form 5/Form 7 conduit body assembly 

(1.5′′, 2′′), and sealing locknuts (1.5′′, 2′′). 

Based on all the information available to 

the agency, the FHWA concludes that 

there are no domestic manufacturers of 

galvanized ground bushing (3⁄4′′–4′′), 

Form 5/Form 7 conduit body assembly 

(1.5′′, 2′′), and sealing locknuts (1.5′′, 2′′) 

for the Federal-aid project #X–STP– 

5900(212). 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the Oregon 

waiver page noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410. 

Issued on: August 4, 2011. 

Victor M. Mendez, 

Federal Highway Administrator. 

[FR Doc. 2011–20667 Filed 8–12–11; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Regulatory Guidance Concerning 

Household Goods Carriers Requiring 

Shippers To Sign Blank or Incomplete 

Documents 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Notice of Regulatory Guidance. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) issues 

regulatory guidance to clarify the 

appropriate and intended use of blank 

or incomplete documents under 49 CFR 

375.501(d). Carriers may require 

shippers to sign incomplete, but not 

blank, documents so long as the omitted 

information is limited to: (1) The actual 

weight of the shipment, in the case of 

non-binding estimates; and (2) 

unforeseen charges incurred in transit. 

This guidance also clarifies that carriers 

may not require shippers to sign 

‘‘Revised Written Estimates,’’ 

‘‘Rescissions of Old Estimate,’’ or other 

documents authorizing the carrier to 

rescind an estimate unless the shipper 

and carrier mutually agree to amend the 

estimate, and the shipper signs a new 

estimate before the carrier loads the 

shipment. 

DATES: Effective date: This regulatory 

guidance is effective on August 15, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth E. Rodgers, Division Chief, 

Commercial Enforcement, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, telephone: (202) 366–0073. 

SUPPLEMENTARY INFORMATION: 


srobinson on DSK4SPTVN1PROD with NOTICES
50538 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices 

Legal Basis 

The Interstate Commerce Commission 

Termination Act of 1995 (ICCTA) 

(Pub. L. 104–88, 109 Stat. 803) 

provides that ‘‘the Secretary may issue 

regulations, including regulations 

protecting individual shippers, in order 

to carry out this part with respect to the 

transportation of household goods by 

motor carriers subject to jurisdiction 

under subchapter I of chapter 135. The 

regulations and paperwork required of 

motor carriers providing transportation 

of household goods shall be minimized 

to the maximum extent feasible 

consistent with the protection of 

individual shippers.’’ (49 U.S.C. 

14104(a)(1)). In the Motor Carrier Safety 

Improvement Act of 1999 (Pub. L. 106– 

159, December 9, 1999, 113 Stat. 1750), 

which established FMCSA as a separate 

agency within the U.S. Department of 

Transportation (DOT), Congress 

authorized the Agency to regulate motor 

carriers transporting household goods 

for individual shippers. 

Background 

This document provides regulatory 

guidance on the Agency’s interpretation 

of 49 CFR 375.501(d)(1) and (2). Those 

sections, which were adopted as a part 

of a technical amendment in 2004 (69 

FR 10570 (Mar. 5, 2004)), provide: 

(d)(1) You may provide the individual 

shipper with blank or incomplete estimates, 

orders for service, bills of lading, or any other 

blank or incomplete documents pertaining to 

the move. 

(2) You may require the individual shipper 

to sign an incomplete document at origin 

provided it contains all relevant shipping 

information except the actual shipment 

weight and any other information necessary 

to determine the final charges for all services 

performed. 

The original version of § 375.501(d), 

published as an interim final rule, 

prohibited carriers from requiring 

individual shippers to sign blank or 

incomplete estimates, orders for service, 

bills of lading, or any other blank or 

incomplete documents pertaining to the 

move. (68 FR 35064 (June 11, 2003)). In 

response to industry comments, the 

Agency amended § 375.501(d) to permit 

carriers to require shippers to sign 

incomplete documents so long as the 

documents contain all of the relevant 

shipping information. In doing so, the 

Agency recognized that certain 

information, such as actual final weight 

and other transit charges, may not be 

available until after the shipment is in 

transit. 

Basis for This Notice 

The Agency has received numerous 

consumer complaints concerning 

household goods carriers and brokers 

that are requiring shippers to sign blank 

or incomplete documents and then 

adding unauthorized charges later. 

Specifically, the complaints identify 

carriers that required shippers to sign a 

blank or incomplete form entitled 

‘‘Revised Written Estimate’’ or 

‘‘Rescission of Old Estimate.’’ This form, 

when fully executed and completed, 

authorizes the carrier to rescind the 

original estimate and give a new 

estimate under the guise of ‘‘changed 

circumstances.’’ ‘‘Changed 

circumstances’’ generally occur when a 

shipper requests additional services or 

provides additional goods for shipment. 

Although the form, on its face, may be 

used for legitimate changes requested by 

shippers, in many cases, it is being used 

to defraud shippers who have not 

requested additional services or changes 

to their moves. 

Verified consumer complaints show 

that some carriers require shippers to 

execute this incomplete or blank 

document before loading shipments and 

then use the form to rescind the original 

estimates. The carrier then improperly 

converts non-binding estimates to 

binding estimates for significantly 

increased amounts or alters the preexisting binding estimates once the 

shipment is in transit. The carrier makes 

these changes without the shippers’ 

knowledge after the shipment is in 

transit. The practical effect of this 

practice is to force shippers 

unknowingly to waive their rights to the 

consumer protection regulations as set 

forth at 49 CFR 375.403 and 375.405. 

Carriers using these practices 

interpret § 375.501(d)(2) to authorize 

this conduct. Such carriers also cite 

§ 375.501(d)(2) to support using 

‘‘Revised Written Estimate’’/‘‘Rescission 

of Old Estimate’’ forms, which were 

specifically designed in response to the 

2004 technical amendments. The 

FMCSA rejects this interpretation and 

believes that such conduct is unlawful. 

The 2004 amendments were intended to 

address the fact that certain information 

related to the shipment could not be 

determined until after the shipment was 

in transit. The FMCSA did not amend 

§ 375.501(d) to allow carriers to 

supersede the stringent consumer 

protections provided in part 375. In 

most cases brought to the Agency’s 

attention, carriers have used blank or 

incomplete documents to increase 

estimates after loading without the 

consent or knowledge of shippers. 

The FMCSA rejects these carriers’ 

interpretation of 49 CFR 375.501(d) and 

believes that their conduct violates 

existing regulations in part 375. The 

FMCSA is issuing this regulatory 

guidance to eliminate any ambiguity or 

confusion concerning the scope of these 

regulatory provisions and to protect 

consumers from future harm. 

Regulatory Guidance 

Part 375—Transportation of Household 

Goods in Interstate Commerce; 

Consumer Protection Regulations 

Sections interpreted 

Section 375.501(d)(1) and (2) Blank or 

incomplete documents: 

Question 1: May household goods 

motor carriers require shippers to sign 

blank documents before loading a 

shipment? 

Guidance: No, movers may not 

require shippers to sign blank 

documents before loading a shipment. 

Movers may provide blank documents 

to shippers for information purposes 

only. 

Question 2: May household goods 

movers require shippers to sign 

incomplete documents before loading 

the shipment? 

Guidance: A mover may require a 

shipper to sign an incomplete, but not 

blank, document before loading at the 

shipment’s origin so long as the 

document contains all of the relevant 

shipment information. Movers may only 

omit information that cannot be 

determined before loading, such as 

actual shipment weight in the case of 

shipments moved under non-binding 

estimates or unforeseen charges 

incurred in transit. 

Question 3: May household goods 

movers require shippers to sign 

‘‘Revised Written Estimates,’’ 

‘‘Rescissions of Old Estimate’’ or other 

documents authorizing the mover to 

rescind the estimate as a condition of 

loading a shipment? 

Guidance: Movers may not require 

shippers to sign ‘‘Revised Written 

Estimates,’’ ‘‘Rescissions of Old 

Estimate’’ or other documents 

authorizing the mover to rescind the 

estimate as a condition of loading the 

shipment unless the shipper and carrier 

mutually agree to amend the estimate 

and the shipper signs a new estimate 

before the carrier loads the shipment. In 

accordance with 49 CFR 375.501(f), 

375.401(h) and 375.403(a)(6), both the 

shipper and the mover must mutually 

agree to any amendment to a shipping 

order before loading the shipment. 

Section 375.501(d) does not alter this 

requirement. 

Issued on: August 8, 2011. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2011–20665 Filed 8–12–11; 8:45 am] 

BILLING CODE P 


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