`[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Rules and Regulations]
[Pages 5171-5173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2549]


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DEPARTMENT OF TRANSPORTATION
49 CFR Part 1310

[STB Ex Parte No. 555]


Household Goods Tariffs

AGENCY: Surface Transportation Board, Transportation.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board) adopts regulations 
governing the tariffs that motor carriers and freight forwarders are 
required to maintain for the transportation of household goods; and 
establishing the notice requirements with which household goods 
carriers must comply in order to be entitled to enforce the provisions 
of their tariffs against individuals whose shipments are subject to 
such tariffs. These regulations reflect changes effected by the ICC 
Termination Act of 1995.

EFFECTIVE DATE: These rules are effective March 6, 1997.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The Board's decision adopting these 
regulations is available to all persons for a charge by phoning DC NEWS 
& DATA, INC., at (202) 289-4357.

Small Entities

    The Board certifies that these rules will not have a significant 
economic effect on a substantial number of small entities.

Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1310

    Household goods carriers, Moving of household goods, Tariffs.

    Decided: January 22, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Board adds a new 
part 1310 to title 49, chapter X, of the Code of Federal Regulations to 
read as follows:

PART 1310--TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS

Sec.
1310.1  Scope; Definitions.
1310.2  Requirement to maintain tariffs.
1310.3  Contents of tariffs.
1310.4  Incorporation of tariff provisions by reference.
1310.5  Availability of tariffs at carrier offices.
1310.6  Furnishing copies of tariff publications.

    Authority: 49 U.S.C. 721(a), 13702(a), 13702(c) and 13702(d).


Sec. 1310.1  Scope; Definitions.

    (a) The provisions of this part address the tariff requirements 
imposed by 49 U.S.C. 13702 on motor carriers and freight forwarders for 
the transportation of household goods, and the notice requirements with 
which such carriers must comply in order to be entitled to enforce the 
provisions of their tariffs against individuals whose shipments are 
subject to such tariffs.
    (b) The provisions of this part apply to all movements of household 
goods defined in paragraph (c)(1) of this section, and to those 
movements of household goods defined in paragraph (c)(2) of this 
section that are not provided under contracts entered into pursuant to 
49 U.S.C. 14101(b) or former

[[Page 5172]]

49 U.S.C. 10702 (repealed January 1, 1996).
    (c) For the purposes of this part, the term household goods means 
personal effects and property used or to be used in a dwelling, when a 
part of the equipment or supply of such dwelling, and similar property 
if the transportation of such effects or property is:
    (1) Arranged and paid for by the householder, including 
transportation of property from a factory or store when the property is 
purchased by the householder with intent to use in his or her dwelling; 
or
    (2) Arranged and paid for by another party.
    (d) For the purposes of this part service terms means all 
classifications, rules, regulations and practices that affect the 
rates, charges, or level of service for movements of household goods.


Sec. 1310.2  Requirement to maintain tariffs.

    (a) Except when providing transportation for charitable purposes 
without charge, carriers subject to the Board's jurisdiction under 
Chapter 135 of Title 49 of the United States Code may provide 
transportation or service for movements of household goods only if the 
rates, and related rules and practices, for such transportation or 
service are contained in a published tariff that is in effect under 
this section. The carrier may not charge or receive a different 
compensation for the transportation or service than the rate specified 
in the tariff, whether by returning a part of that rate to a person, by 
giving a person a privilege, by allowing the use of a facility that 
affects the value of that transportation or service, or through another 
device. Tariffs shall be published in the English language and rates 
shall be stated in money of the United States.
    (b) Tariffs maintained pursuant to this part must be available for 
inspection by the Board, and must be provided to the Board promptly and 
free of charge, upon request, by mail or other delivery service.
    (c) A carrier that maintains a tariff pursuant to this part may not 
enforce the provisions of the tariff unless the carrier has given 
notice that the tariff is available for inspection in its bill of 
lading or by other actual notice to individuals whose shipments are 
subject to the tariff, as provided in Sec. 1310.4 of this part.
    (d) The Board may invalidate a tariff prepared by or on behalf of a 
carrier under this part if that tariff violates 49 U.S.C. 13702 or the 
regulations contained in this part.


Sec. 1310.3  Contents of tariffs.

    (a) Tariffs prepared under this part must include an accurate 
description of the services offered to the public; must provide the 
specific applicable rates, charges and service terms; and must be 
arranged in a way that allows for the determination of the exact rate, 
charges and service terms applicable to any given shipment. Increases, 
reductions and other changes must be symbolized or highlighted in some 
way to facilitate ready identification of the changes and their 
effective dates.
    (b) All information necessary to determine applicable rates, 
charges and service terms for a given shipment need not be contained in 
a single tariff, but if multiple tariffs are used to convey that 
information, the tariff containing the rates must make specific 
reference to all other tariffs required to determine applicable rates, 
charges and service terms. The carrier(s) party to the rate(s) must 
participate in all of the tariffs so linked and all such tariffs must 
be made available to shippers upon reasonable request.


Sec. 1310.4  Incorporation of tariff provisions by reference.

    (a) Carriers that maintain tariffs pursuant to this part may 
incorporate the terms of such tariffs by reference (i.e., without 
stating their full text) into the bill of lading or other document 
embodying the contract of carriage for the transportation of household 
goods, provided that:
    (1) The bill of lading or other document must contain a conspicuous 
notice that the contract of carriage incorporates the terms of the 
carrier's tariffs; the carrier must give notice that its tariffs are 
available for inspection in its bill of lading or by other actual 
notice to individuals whose shipments are subject to such tariffs; and 
the carrier must make the full text of incorporated terms readily 
available for inspection by the shipper, free of charge, upon request. 
If such terms cannot be made available immediately, they must be made 
available promptly and free of charge by mail or other delivery 
service.
    (2) If the incorporated terms include any of the terms set forth in 
paragraphs (a)(2)(i) through (a)(2)(iii) of this section, the notice on 
the bill of lading or other document must indicate that such terms are 
included; the shipper must be provided with a brief summary of the 
principal features of such terms on or with the document; and the 
shipper must be able to obtain a more complete explanation of such 
terms upon request.
    (i) Limits on the carrier's liability for loss, damage, or delay of 
goods, including fragile or valuable goods.
    (ii) Claim restrictions, including time periods within which 
shippers or consignees must file a claim or bring an action against the 
carrier for its acts or omissions or those of its agents.
    (iii) Rights of the carrier to impose monetary penalties on 
shippers or consignees, increase the price of the transportation, or 
change any terms of the contract.
    (b) A carrier may not claim the benefit as against a shipper or 
consignee of, and a shipper or consignee shall not be bound by, any 
tariff term that is incorporated by reference under this section unless 
the carrier has complied with the requirements of paragraph (a) of this 
section.
    (c) The disclosure requirements established by this section preempt 
any State requirements on the same subject, for tariff terms that are 
incorporated by reference into the bill of lading or other document 
embodying the contract of carriage for the transportation of household 
goods.


Sec. 1310.5  Availability of tariffs at carrier offices.

    (a) Each carrier shall maintain, at its principal office, a 
complete set of its effective tariffs and those to which it is a party.
    (b) Each carrier shall also maintain some or all of its tariffs at 
its other business offices, upon request. Carriers shall provide 
information regarding all locations where tariffs may be viewed.
    (c) At all points where tariffs are maintained, they shall be made 
available for inspection by any person during the carrier's normal 
business hours. The tariffs shall be accessible and readable. The 
carrier shall also display, in a conspicuous place in those locations, 
a notice, in large print, which contains a statement that the tariffs 
are available for public inspection.
    (d) At all other carrier business offices, the carrier shall 
display a notice advising the public of the location of the nearest 
available tariff. The notice shall be in large print and posted in a 
conspicuous place. In addition, the carrier shall, upon request, make 
its tariffs available at that location as soon as possible but not 
later than within 20 days, or provide the sought information orally if 
satisfactory to the requestor.
    (e) Any publication referred to in a tariff must be maintained with 
that tariff.
    (f) If any tariff maintained pursuant to paragraph (b) of this 
section has not been used for a substantial length of time, the 
availability of that tariff,

[[Page 5173]]

including its reissues, may be discontinued at that office until such 
time as it is again requested. It shall then be made available within 
20 days.


Sec. 1310.6  Furnishing copies of tariff publications.

    (a) Copies of tariffs, specific tariff provisions or tariff 
subscriptions shall be provided upon request to any interested person.
    (b) Except for providing to shippers the full text of tariff terms 
incorporated by reference into the bill of lading or other document 
embodying the contract of carriage for the transportation of household 
goods, as described in Sec. 1310.4(a)(1), carriers may assess charges 
for furnishing copies of tariff publications to interested persons. If 
a charge is made, the charge must be reasonable, and identical for the 
same publications and delivery service.

[FR Doc. 97-2549 Filed 2-3-97; 8:45 am]
BILLING CODE 4915-00-P`