Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 25371 

340–150–0460 Groundwater Monitoring 

Release Detection Method 

340–150–0465 Interstitial Monitoring 

Release Detection Method 

340–150–0470 Other Methods of Release 

Detection 

340–150–0500 Reporting Suspected 

Releases 

340–150–0510 Suspected Release 

Investigation and Confirmation Steps 

340–150–0520 Investigation Due to Off Site 

Impacts 

340–150–0540 Applicability to Previously 

Closed UST Systems 

340–150–0550 Definitions for OAR 340– 

150–0555 and 340–150–0560 

340–150–0555 Compliance Dates for USTs 

and Piping 

340–150–0560 Upgrading Requirements for 

Existing UST Systems 

APPENDIX A Installation of USTs and 

Piping 

APPENDIX B Installation of USTs and 

Piping 

APPENDIX C Spill and Overfill Prevention 

Equipment and Requirements 

APPENDIX D1 USTs Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX D2 Piping Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX E1 USTs Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX E2 Piping Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX F Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX G Operation and Maintenance 

of Corrosion Protection 

APPENDIX H UST System Repairs & UST 

System Modifications and Additions 

APPENDIX I General Release Detection 

Requirements for All UST Systems 

APPENDIX J General Guidance Documents 

for UST Owners and Permittees 

APPENDIX K Site Assessment 

Requirements for Permanent Closure or 

Change-in-Service 

APPENDIX L Training Elements 

(4) Oregon Administrative Rules, Chapter 

340, Division 151 

340–151–0001 Purpose 

340–151–0010 Scope and Applicability 

340–151–0015 Adoption and Applicability 

of United States Environmental 

Protection Agency Regulations 

340–151–0020 Definitions 

340–151–0025 Oregon-Specific Financial 

Responsibility Requirements 

(5) Oregon Administrative Rules, Chapter 

690, Division 240, insofar as it pertains to 

underground storage tanks, excluding tanks 

used to store heating oil for consumptive use 

on the premises where stored. 

690–240–0005 Introduction 

690–240–0006 Special Standards 

690–240–0007 Special Area Standards 

690–240–0010 Definitions 

690–240–0011 Organic Materials 

690–240–0012 Public Safety 

690–240–0013 Wells Cannot Be Used for 

Disposal of Contaminants 

690–240–0014 Water Used Must Be Potable 

690–240–0016 Unattended Wells 

690–240–0024 Well Identification Label 

690–240–0026 Well Identification Label 

Maintenance 

690–240–0030 Other Holes; General 

Performance and Responsibility 

Requirements 

690–240–0035 Geotechnical Holes: General 

Performance and Responsibility 

Requirements 

690–240–0355 Monitoring Well Drilling 

Machines 

690–240–0375 Monitoring Well 

Construction Notice Required (Start 

Card) 

690–240–0385 Start Card Reporting 

Requirements 

690–240–0395 Monitoring Well Report 

Required (Monitoring Well Log) 

690–240–0410 Monitoring Well 

Construction: General 

690–240–0420 Well Protection 

690–240–0430 Casing 

690–240–0440 Additional Standards for 

Artesian Monitoring Wells 

690–240–0450 Cleaning 

690–240–0460 Monitoring Well Screen, 

Filter Pack, and Filter Pack Seal 

690–240–0475 Well Seals 

690–240–0485 Monitoring Well 

Development 

690–240–0500 Completion of Monitoring 

Wells 

690–240–0510 Abandonment of Monitoring 

Wells 

690–240–0525 Piezometers 

690–240–0540 Direct Push Monitoring 

Wells and Piezometers 

690–240–0550 Evidence of Failure 

[FR Doc. 2012–9931 Filed 4–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 375 

[Docket No. FMCSA–2012–0101] 

RIN 2126–AB51 

Transportation of Household Goods in 

Interstate Commerce; Consumer 

Protection Regulations: Released 

Rates of Motor Carriers of Household 

Goods 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA harmonizes its 

regulations with a recent Surface 

Transportation Board (STB) order that 

requires certain information about 

household goods motor carrier liability 

to appear on the estimates and bills of 

lading that carriers must provide to 

individual shippers. 

DATES: This final rule is effective May 

15, 2012. 

ADDRESSES: Documents mentioned in 

this rule are available for inspection or 

copying in the docket, Docket No. 

FMCSA–2012–0101 available at 

www.regulations.gov, and at the Docket 

Management Facility, U.S. Department 

of Transportation, Ground floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brodie Mack, FMCSA Household Goods 

Enforcement and Compliance Team 

Leader, (202) 385–2400, email: 

Brodie.Mack@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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 household goods motor 

carriers. 

The ICC Termination Act of 1995 

(Pub. L. 104–88, 109 Stat. 803, Dec. 29, 

1995) abolished the Interstate 

Commerce Commission (ICC), which 

previously had jurisdiction over the 

commercial activities of household 

goods motor carriers. Its functions 

relating to household goods carriers 

were split between the STB and the 

Secretary. The STB was given 

jurisdiction over most tariff issues, 

while the Secretary was given 

jurisdiction over consumer protection 

matters. 

The Secretary has delegated these 

authorities to the FMCSA Administrator 

(49 CFR 1.73(a)). This rulemaking 

applies only to household goods motor 

carriers that provide for-hire 

transportation in interstate or foreign 

commerce. 

FMCSA implements this final rule 

without notice and comment pursuant 

to 5 U.S.C. 553(b)(B). While the 

Administrative Procedure Act (APA) 

normally requires issuance of a notice of 

proposed rulemaking and an 

opportunity for public comment, the 

APA provides an exception when an 

agency ‘‘for good cause finds * * * that 

notice and public procedure * * * are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 5 U.S.C. 

553(b)(B). This final rule updates 49 

CFR part 375 to reflect recent changes 

the STB made to its requirements after 

engaging in notice and comment 


srobinson on DSK4SPTVN1PROD with RULES
25372 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 

rulemaking. See Released Rates of 

Motor Common Carriers of Household 

Goods, Surface Transportation Board, 

Docket No. RR 999 (Amendment No. 5), 

Order, Jan. 10, 2012 (Released Rates 

Order). These changes fall within the 

STB’s jurisdiction and FMCSA does not 

have authority to exercise discretion in 

implementing them. Therefore, FMCSA 

finds that the opportunity for notice and 

public comment is unnecessary and 

contrary to the public interest under the 

APA. 

II. Background 

STB is charged with the oversight of 

household goods motor carriers’ tariffs. 

Tariffs include the rates and terms 

under which household goods carriers 

may provide transportation services. In 

accordance with 49 U.S.C. 14706(f)(3), 

the Board authorizes household goods 

carriers to set ‘‘released rates,’’ which 

are lower rates for transportation 

services when the shipper agrees to 

release the carrier from full liability for 

potential loss and damage to the 

shipper’s cargo. There are currently two 

generally applicable liability options for 

interstate household goods moves. The 

first reimburses the shipper for the 

replacement value of his or her goods, 

referred to as the full value option. The 

second reimburses the shipper at a 

lower rate, currently 60 cents per 

pound, and is referred to as the released 

rate option. The Board’s rules provide 

that any rate a carrier charges for 

transportation services, whether under 

the full liability option or the released 

rate option, must be published in the 

carrier’s tariff. 

In a decision served January 21, 2011, 

the STB implemented a congressional 

directive to enhance consumer 

protection in cases of loss or damage 

that occur during interstate moves. See 

Safe, Accountable, Flexible, Efficient 

Transportation Act: A Legacy for Users 

(SAFETEA–LU), § 4215, Public Law 

109–59, 119 Stat. 1144, 1760 (2005). 

That decision required household goods 

motor carriers to provide certain 

information concerning the two 

available cargo liability options to 

shippers on written estimates for 

household goods transportation. On 

January 12, 2012, STB served another 

decision clarifying and modifying 

certain aspects of the January 2011 

decision. STB modified the order to 

require household goods movers to 

place the following liability election 

notice on the estimates they provide to 

prospective shippers: 

WARNING: If a moving company loses or 

damages your goods, there are 2 different 

standards for the company’s liability based 

on the types of rates you pay. BY FEDERAL 

LAW, THIS FORM MUST CONTAIN A 

FILLED-IN ESTIMATE OF THE COST OF A 

MOVE FOR WHICH THE MOVING 

COMPANY IS LIABLE FOR THE FULL 

(REPLACEMENT) VALUE OF YOUR GOODS 

in the event of loss of, or damage to, the 

goods. This form may also contain an 

estimate of the cost of a move in which the 

moving company is liable for FAR LESS than 

the replacement value of your goods, 

typically at a lower cost to you. You will 

select the liability level later, on the bill of 

lading (contract) for your move. Before 

selecting a liability level, please read ‘‘Your 

Rights and Responsibilities When You 

Move,’’ provided by the moving company, 

and seek further information at the 

government Web site 

www.protectyourmove.gov. 

Released Rates Order, Appendix 1. 

That decision also directed household 

goods motor carriers to provide the 

STB’s required valuation statement on 

the shipper’s bill of lading. The 

valuation statement includes specific 

language that requires the consumer 

either to choose the replacement value 

option and declare a total value for the 

shipment, or choose the released rate 

option. This statement is much lengthier 

than the notice carriers must include in 

the estimate and contains specific 

information about the cost to the 

shipper. Released Rates Order, 

Appendix 2. These requirements go into 

effect May 15, 2012. See Released Rates 

of Motor Common Carriers of Household 

Goods, Surface Transportation Board, 

Docket No. RR 999 (Amendment No. 5), 

Order, Mar. 8, 2012 (extending 

compliance date) (77 FR 15187). 

FMCSA is charged with overseeing 

consumer protection matters related to 

the transportation of household goods. 

In this capacity, FMCSA administers 

regulations requiring household goods 

motor carriers to provide estimates and 

certain shipping documents to 

individual shippers and establishes the 

terms and conditions under which those 

documents must be provided. 

STB’s January 2012 order affects 

FMCSA’s regulations because it 

mandates that specific language 

regarding carriers’ rates and liability be 

placed on the estimates and bills of 

lading that FMCSA requires carriers to 

provide to prospective shippers. As a 

result, FMCSA amends its regulations 

governing those documents to reflect the 

STB’s new requirements. 

III. Discussion of the Rule 

FMCSA amends 49 CFR 375.401 and 

375.505 to eliminate inconsistencies 

resulting from the STB’s recent 

publication of its Released Rates Order. 

These changes incorporate the STB’s 

new requirements into FMCSA’s 

regulations governing estimates and 

bills of lading. 

FMCSA amends § 375.401 by adding 

a new paragraph (g) which states that 

household goods motor carriers must 

include STB’s liability election notice 

on all written estimates. This notice is 

a brief statement advising prospective 

shippers that they will have to select 

one of two options that govern the 

extent of the carrier’s liability for 

damage to their cargo. New paragraph 

(g) directs household goods motor 

carriers to use the language set forth in 

the STB Released Rates Order. FMCSA 

redesignates old paragraphs (g) and (h) 

as new paragraphs (h) and (i) 

respectively. 

FMCSA also amends § 375.505 to 

make it clear that the STB’s valuation 

statement, a lengthier statement which 

requires shippers to select one of the 

two levels of liability, must appear on 

the shipper’s bill of lading. Previously, 

§ 375.505(e) permitted carriers to 

provide the valuation statement on 

either the bill of lading or the order for 

service. FMCSA removes paragraph (e) 

and revises subparagraph (b)(12) to 

make conforming changes to remove 

any ambiguity about where the 

valuation statement must appear. 

IV. Regulatory Analyses 

A. Regulatory Planning and Review 

FMCSA has determined that this 

action does not meet the criteria for a 

‘‘significant regulatory action,’’ either as 

specified in Executive Order 12866 as 

supplemented by Executive Order 

13563 (76 FR 3821, January 18, 2011), 

or within the meaning of the DOT 

regulatory policies and procedures (44 

FR 1103, February 26, 1979). The 

estimated economic costs of the rule do 

not exceed the $100 million annual 

threshold and the Agency does not 

expect the rule to have substantial 

congressional or public interest. 

Therefore, this rule has not been 

formally reviewed by the Office of 

Management and Budget. 

B. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

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. 

C. Federalism (Executive Order 13132) 

A rule has federalism implications if 

the rule has a substantial direct effect on 

State or local governments and would 

either preempt State law or impose a 


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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 25373 

substantial direct cost of compliance on 

the States. FMCSA analyzed this rule 

under E.O. 13132 and has determined 

that it does not have federalism 

implications. 

D. Unfunded Mandates Reform Act of 

1995 

This final rule does not impose an 

unfunded Federal mandate, as defined 

by the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1532 et seq.), that will 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $143.1 

million (which is the value of $100 

million in 2010 after adjusting for 

inflation) or more in any 1 year. 

E. Executive Order 12988 (Civil Justice 

Reform) 

This final rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

F. Executive Order 13045 (Protection of 

Children) 

FMCSA analyzed this action under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. The Agency 

determined that this rule will not create 

an environmental risk to health or safety 

that may disproportionately affect 

children. 

G. Executive Order 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. 

H. Privacy Impact Assessment 

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. 

I. 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. 

J. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.), Federal 

agencies must obtain approval from the 

Office of Management and Budget for 

each collection of information they 

conduct, sponsor, or require through 

regulations. The changes in this rule are 

mandated by the STB, exercising its 

authority over household goods motor 

carriers’ tariffs. Any change to the 

paperwork burden associated with these 

requirements is required to be 

accounted for by the STB in connection 

with its Released Rates Order. As this 

rule merely incorporates the STB’s 

requirements, FMCSA does not conduct, 

sponsor or require any additional 

information collection through this rule. 

K. National Environmental Policy Act 

and Clean Air Act 

FMCSA analyzed this rule in 

accordance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). The Agency has 

determined under its environmental 

procedures Order 5610.1, published in 

the Federal Register March 1, 2004 (69 

FR 9680), that this action is 

categorically excluded from further 

environmental documentation under 

Appendix 2, Paragraph 6(b) of the Order 

(69 FR 9702). This categorical exclusion 

(CE) relates to regulations that are 

editorial in nature making technical 

corrections and minor amendments, 

which applies to this rule as FMCSA is 

simply aligning its regulations with the 

STB’s regulations. Environmental 

impacts, if any, would have been 

analyzed during the rulemaking by STB. 

In addition, the Agency believes this 

rule presents 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. 

L. Executive Order 13211 (Energy 

Effects) 

FMCSA has analyzed this rule under 

Executive Order 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 Executive 

Order because it is not economically 

significant and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects in 49 CFR Part 375 

Advertising, Arbitration, Consumer 

protection, Freight, Highways and 

roads, Insurance, Motor carriers, Moving 

of household goods, Reporting and 

recordkeeping requirements. 

V. 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 

is revised to read as follows: 

Authority: 5 U.S.C. 553; 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. In § 375.401, redesignate 

paragraphs (g) and (h) as paragraphs (h) 

and (i), and add new paragraph (g) to 

read as follows: 

§ 375.401 Must I estimate charges? 

* * * * * 

(g) You must include as a part of your 

estimate the liability election notice 

provided in the Surface Transportation 

Board’s released rates order. Contact the 

STB for a copy of the Released Rates of 

Motor Carrier Shipments of Household 

Goods. 

* * * * * 

■ 3. In § 375.505, revise paragraph 

(b)(12) and remove paragraph (e) to read 

as follows: 

§ 375.505 Must I write up a bill of lading? 

* * * * * 

(b)(12) The valuation statement 

provided in the Surface Transportation 

Board’s released rates order requires 

individual shippers either to choose 

Full Value Protection for your liability 

or waive the Full Value Protection in 

favor of the STB’s released rates. The 

released rates may be increased 


srobinson on DSK4SPTVN1PROD with RULES
25374 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 

annually by the motor carrier based on 

the U.S. Department of Commerce’s Cost 

of Living Adjustment. Contact the STB 

for a copy of the Released Rates of 

Motor Carrier Shipments of Household 

Goods. If the individual shipper waives 

your Full Value Protection in writing on 

the STB’s valuation statement, you must 

include the charges, if any, for optional 

valuation coverage (other than Full 

Value Protection). 

Issued on: April 17, 2012. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2012–9865 Filed 4–27–12; 8:45 am] 

BILLING CODE 4910–EX–P 


srobinson on DSK4SPTVN1PROD with RULES