[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Proposed Rules]
[Pages 27126-27158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12582]



[[Page 27125]]

_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Federal Highway Administration



_______________________________________________________________________



49 CFR Parts 375 and 377



Transportation of Household Goods; Consumer Protection Regulations; 
Proposed Rule

Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Proposed 
Rules

[[Page 27126]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 375 and 377

[Docket No. FHWA-97-2979]
RIN 2125-AE30


Transportation of Household Goods; Consumer Protection 
Regulations

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

-----------------------------------------------------------------------

SUMMARY: The FHWA is proposing to amend the regulations governing the 
transportation of household goods. These regulations protect consumers 
who ship household goods by motor vehicle. This action is necessary to 
implement the ICC Termination Act of 1995 (ICCTA) and to update the 
regulations. This proposal would make the regulations easier to read 
and understand, require household goods carriers to file an annual 
arbitration report in place of the outdated annual performance report, 
address hostage freight problems, modify a consumer protection 
publication, and make conforming and technical amendments.

DATES: Comments to this NPRM should be received no later than July 14, 
1998. Late comments will be considered to the extent practicable.

ADDRESSES: Signed, written comments should refer to the docket number 
appearing at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. All comments received will be available for 
examination at the above address between 10 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Vining, Chief, Licensing 
and Insurance Division (HIA-30), Office of Motor Carrier Information 
Analysis, (202) 358-7055, Mr. Michael Falk, Motor Carrier Law Division, 
Office of the Chief Counsel (HCC-20), (202) 366-1384, or Mr. David 
Miller, Office of Motor Carrier Research and Standards (HCS-10), (202) 
366-1790, Federal Highway Administration, Department of Transportation, 
400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions on-line for more information and 
help.
    You may download an electronic copy of this document using a 
personal computer, modem, and suitable communications software from the 
Federal Register Electronic Bulletin Board Service at (202) 512-1661. 
Internet users may reach the Federal Register's home page at URL: 
http://www.nara.gov/nara/fedreg and at the Government Printing Office's 
databases at URL: http://www.access.gpo.gov/su__docs.

Background

    Many customers of household goods carriers, particularly those 
customers who move at their own expense and are infrequent users of 
transportation services, are unsophisticated and less able to protect 
themselves than commercial shippers. In order to ensure these consumers 
are protected, the Interstate Commerce Commission (ICC) prescribed 
regulations governing the transportation of household goods. These 
regulations were codified at 49 CFR Part 1056.
    Following the termination of the ICC, the responsibility for the 
household goods regulations was delegated to the Secretary of 
Transportation pursuant to the ICCTA, Pub. L. 104-88, 109 Stat. 803, 
effective January 1, 1996. The Surface Transportation Board (STB) and 
the FHWA transferred these regulations from 49 CFR chapter X, Part 1056 
to 49 CFR chapter III, Part 375 on October 21, 1996. See 61 FR 54706. 
On December 27, 1996 (61 FR 68162), the Secretary of Transportation 
delegated to the Federal Highway Administrator the responsibilities to 
carry out certain functions and exercise the authority vested in the 
Secretary under the ICCTA, including 49 U.S.C. 14104, Household goods 
carrier operations.
    In a report to Congress dated October 24, 1994, the ICC reported it 
received over 8,000 complaints from household goods shippers between 
October 1, 1992, and August 25, 1994. Since January 1, 1996, the FHWA 
has also received a high volume of complaints from household goods 
shippers. The FHWA believes regulations designed to protect this large 
population of unsophisticated shippers continue to be necessary.
    Enactment of the ICCTA requires deletion from the regulations of 
all references to the former ICC and repealed sections of the 
Interstate Commerce Act, revision of the regulations to codify the 
transfer to the FHWA of oversight responsibilities for the household 
goods moving industry, and other editorial corrections. We are also 
redrafting all sections in a more reader-friendly style for clarity.

New Definition of Household Goods

    Since the ICCTA changed the definition of ``household goods'' to 
eliminate office and trade show movements, it is no longer appropriate 
to include this kind of transportation within the scope of the 
household goods regulations. Therefore, we are making conforming 
changes to the definitions contained in 49 CFR 375.103.

Elimination of Former ICC Dispute Resolution Functions

    The House of Representatives' report accompanying the ICCTA 
specifically requested that DOT refrain from allocating scarce 
resources to resolve private disputes, but only to oversee the 
regulations. Congress modified the arbitration system to afford 
consumers a forum for resolving loss and damage claims arising from 
transportation of household goods and to replace the informal dispute 
resolution functions conducted by the ICC without a statutory 
requirement. Congress wants ``private, commercial disputes to be 
resolved the way all other commercial disputes are resolved-- by the 
parties.'' See H.R. Rep. No. 104-311, at 87-88 (1995). See also pages 
117 and 121.

Your Rights and Responsibilities When You Move

    The FHWA is proposing to retain most of the former ICC's 
regulations, including the requirement for motor common carriers of 
household goods to copy or publish, and distribute a modified version 
of the ICC's consumer protection publication ``Your Rights And 
Responsibilities When You Move.'' This modified publication would 
provide shippers of household goods the same type of common consumer 
protection information previously required by the ICC. Prior to 
contracting with an individual shipper, a motor common carrier of 
property transporting household goods would be required to provide the 
individual shipper with the booklet explaining the individual shipper's 
rights and responsibilities under Federal law. The rights and 
responsibilities booklet basically restates in plain, common English a 
household goods carrier's obligation to follow specifically 49 CFR 
Parts 375 and

[[Page 27127]]

377, and generally other regulations for all motor carriers.
    The FHWA proposes to print the entire revised text of the ``Your 
Rights and Responsibilities When You Move'' booklet in appendix A to 49 
CFR 375. Household goods carriers would furnish the text of appendix A 
to their customers. The large number of household goods carriers 
located throughout the country would ensure appendix A is readily 
available to any individual who contracts with a household goods 
carrier.

Discontinuance of Annual Performance Reports

    Under 49 CFR 375.18, household goods carriers were required to 
submit annual performance reports on Form OCE-101 containing 16 items 
regarding the number of shipments transported, the number and type of 
estimates provided, charges billed, timeliness of pickups and 
deliveries, and claims for loss and damage. The FHWA proposes to 
abolish this requirement. This is consistent with the intent of the 
Household Goods Transportation Act of 1980 (Pub. L. 96-454, 94 stat. 
2011) and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
to minimize paperwork requirements on household goods carriers in a 
manner not compromising the protection of individual shippers. Despite 
the ICC's best efforts to ensure accurate reporting by requiring 
carrier certification of the reports, the FHWA is not convinced the 
performance data is reliable. Periodic audits would be necessary to 
ensure the performance information reported is accurate. Resources 
simply do not exist for such review of the carriers. Any value this 
information would be to the individual shipper would come from a 
comparative analysis of the data submitted by the carriers. However, 
requiring motor carriers to report comparative data the FHWA cannot 
verify is inherently unfair, especially to those carriers who 
scrupulously comply with the reporting requirements.

Notifying Shippers of Arbitration Procedures

    The overwhelming majority of household goods complaints received by 
the ICC, and now the FHWA, involve loss and damage claims. The ICCTA 
imposes an arbitration requirement to handle such claims against all 
motor carriers providing transportation of household goods in 
interstate commerce. 49 U.S.C. 14708. The FHWA proposes to amend the 
former ``information for shippers'' section of the regulations, 
formerly 49 CFR 375.2 (proposed to be Sec. 375.213), to replace the 
required summary of the carrier's dispute settlement program with a 
summary of the arbitration procedure.

Arbitration Program Review by the FHWA

    The ICCTA also requires the FHWA to--

``complete a review of the dispute settlement program established 
under this section. If, after notice and opportunity for comment, 
the [FHWA] determines that changes are necessary to such a program 
to ensure the fair and equitable resolution of disputes under this 
section, the [FHWA must] implement such changes and transmit a 
report to Congress on such changes.'' 49 U.S.C. 14708(g).

    The FHWA is reviewing the dispute settlement (arbitration) program 
established by 49 U.S.C. 14708. The FHWA would like comments from the 
public whether the arbitration program Congress mandated ensures fair 
and equitable resolution of disputes. If you believe the arbitration 
program fails to ensure fair and equitable resolutions of disputes, 
please provide specific comments why it does not and what you would 
change to make it more fair and equitable. The FHWA will consider these 
comments in determining whether changes must be made to the arbitration 
program.

Arbitration Results Report

    The FHWA proposes to require all carriers who presently must file 
an annual performance report, to file in its place an ``arbitration 
results report.'' This new report would list the motor carrier's 
arbitration requests and dispositions. Such a report would assist the 
FHWA in carrying out its statutory responsibility to report to Congress 
regarding the dispute settlement program, and to provide individual 
shippers with relevant claims handling information. This report will 
reduce the existing reporting burden on carriers and provide relevant 
information concerning the most common household goods shipper 
complaint, unsatisfactory settlement of loss and damage claims.
    The FHWA also proposes to apply a modified version of the ICC's 
performance report certification requirement to the arbitration results 
report. The existing certification requires a verification under 
penalty of perjury and identifies 18 U.S.C. 1001 as the Federal 
criminal penalty applicable to false statements made in the report. 
This provision provides for penalties if carriers or their employees 
fail to make a truthful and accurate report to the Secretary of 
Transportation. In addition, the FHWA proposes to reference the civil 
penalty provisions under 49 U.S.C. 14901 by incorporating them into 
proposed Sec. 375.1001. The FHWA believes arbitration data submitted by 
the carriers will be inherently more reliable than the performance-
based data in the current reports because of the formal nature of the 
proceedings and the ability of the FHWA to easily spot check the 
reported results.

Hostage Freight

    The FHWA has been receiving an increasing number of complaints from 
individual shippers who claim carriers refuse to deliver their goods 
after the individual shippers offer to pay 110 percent of the estimate 
as prescribed by 49 CFR 375.3(d). These so-called hostage freight 
situations defeat the protections of the 110-percent rule and cause 
serious inconvenience to individual shippers. The FHWA does not have 
the resources to seek court injunctions to require these carriers to 
comply with the regulations and release the household goods. The FHWA, 
therefore, proposes changes to enhance an individual shipper's claim 
for damages based upon expenses incurred as a result of the carrier's 
refusal to deliver the household goods, reduce the number of disputes 
contributing to delays in delivery, and restore price certainty to the 
transaction.
    The FHWA proposes to include in Sec. 375.407 language expressly 
providing that an individual shipper may assert a cargo delay claim in 
circumstances where a carrier fails to relinquish a shipment upon the 
shipper's offer to pay 110 percent of the non-binding estimate. The 
proviso would state any shipment deliberately withheld from delivery by 
a carrier after an individual shipper has offered to pay 110 percent of 
the estimate constitutes a failure to transport a shipment with 
reasonable dispatch. Thus, hostage freight situations could be the 
basis for cargo delay claims under 49 CFR part 370.
    In addition, the FHWA proposes to require carriers provide each 
individual shipper a written estimate. The FHWA believes most carriers 
already provide estimates to individual shippers, though we have heard 
from individual shippers who allege an estimate was not provided. In 
many instances, individual shippers allege their carrier explained the 
price provided to the individual shipper was a ``rate quote'' but not 
an estimate.
    The FHWA would not require the estimate be binding. The FHWA would 
continue to allow carriers to negotiate with individual shippers 
whether the estimated charges would be binding or non-binding upon the 
parties.

[[Page 27128]]

    The regulations also would provide, in Sec. 375.403, that a carrier 
transporting a shipment under a binding estimate reaffirms that 
estimate and waives any subsequent claims about additional transported 
items unless its objection is made at the time of pickup. Once the 
objection is made, the carrier would be required to execute a new 
binding or non-binding estimate.

Proposed Changes to the Credit Regulations

    The American Movers Conference and the Household Goods Carrier's 
Bureau Committee filed a petition with the ICC on May 3, 1995, 
requesting an amendment to the credit regulations (now contained in 49 
CFR 377.215) to prescribe an increased minimum service charge for the 
extension of credit. They also petitioned to require assessment of the 
service charge until the freight bill is paid. Ex Parte No. MC-1 (Sub-
No.6), Payment of Rates and Charges of Motor Carriers--Credit 
Regulations--Household Goods (Petition of American Movers Conference 
and Household Goods Carrier's Bureau To Amend Credit Regulations). On 
March 26, 1996, the STB served a notice on the parties indicating the 
ICCTA transferred the regulatory function for the proceeding from the 
ICC to the Secretary of Transportation. The responsibility for 
considering such regulatory issues has been delegated to the FHWA. The 
American Movers Conference changed its name to the American Moving and 
Storage Association (AMSA) on January 1, 1998.
    The household goods transportation regulations require carriers to 
present their freight bills within 15 days of date of delivery and 
provide for a credit period of 7 days (excluding weekends and legal 
holidays). The regulations further provide for the automatic extension 
of the prescribed 7-day credit period to a total of 30 calendar days 
for any shipper who has not paid the freight bill within the 7-day 
period. However, a service charge of one percent of the amount of the 
freight bill, subject to a minimum charge of $10.00, must be applied to 
the extended credit period. The Petitioners requested the ICC to amend 
this regulation to do both of the following two things:
    (1) Increase the minimum service charge from $10.00 to $20.00; and
    (2) Extend the one percent service charge to each 30-day period or 
fraction thereof after the initial credit period. The Petitioners noted 
that since the existing credit regulation does not assess any credit 
charge to shippers who have not paid the carrier's freight bill within 
the initial 30-day credit period, delinquent shippers thereafter obtain 
free credit indefinitely.
    The ICC took no action on this petition. The FHWA will incorporate 
this petition in this rulemaking and discontinue Ex Parte No. MC-1 
(Sub-No. 6). For purposes of this rulemaking, the FHWA proposes to 
adopt the above-described amendments to the credit regulations and 
solicits public comment regarding their propriety. The FHWA also 
proposes to move the credit regulations pertaining to household goods 
transportation from 49 CFR 377.215(c) to 49 CFR 375.807 for ease of 
reference.

On-Board Trailer Scales

    The public has alerted the FHWA to a few motor carriers who have 
begun to use on-board trailer scales. These are generally non-certified 
scales and expressly prohibited. The FHWA believes their use is a 
violation of the former ICC's regulations. The FHWA is affirming the 
prohibited use of such on-board trailer scales.
    The FHWA, however, solicits comments regarding the accuracy, 
reliability, and acceptability of such non-certified on-board trailer 
scales, preferably supported by scientific data.

The Maximum Threshold for Weighing Shipments Upon a Certified Platform 
or Warehouse Scale

    The AMSA has asked the FHWA to consider amending Sec. 375.7(a)(5) 
by raising the 454 kilogram (1,000 pound) maximum threshold requirement 
for weighing shipments upon a certified platform or warehouse scale. 
This threshold requirement has remained unchanged since 1939, when the 
ICC first allowed the practice of weighing small shipments on platform 
or warehouse scales rather than weighing the entire motor vehicle. See 
17 M.C.C. 467.
    The AMSA's October 1997 petition states average weights for private 
transferee C.O.D. household goods shipments have increased from 4,611 
pounds in 1982 to 6,023 pounds today. The AMSA believes the industry 
now considers 1,362 kilograms or less (3,000 pounds or less) shipments 
to be small rather than 454 kilograms or less (1,000 pounds or less) 
shipments.
    Although the rationale behind the 1,000 pounds weight threshold in 
Sec. 375.7(a)(5) is unclear, it is possible that the ICC may have 
linked the 1,000 pounds weight threshold to tariff provisions assessing 
a minimum charge for shipments weighing less than 1,000 pounds.
    The FHWA believes raising the limit to a higher maximum (i.e., 
1,362 kilograms) might, in essence, allow movers to charge a minimum 
rate at the higher weight threshold when the shipment actually weighs 
less than the higher weight threshold. We are concerned that by 
adopting the AMSA's definition of a small shipment as one weighing 
3,000 pounds or less (1,362 kilograms or less), we could be perceived 
as giving our blessing to an increase in the minimum rate threshold in 
household goods carriers' tariffs. The FHWA has no authority to approve 
or disapprove of household goods carriers' tariff charges. The statute 
gives this responsibility to the STB.
    In addition, the FHWA believes that should an increase in the 
weight threshold result in higher minimum charges for small shipments, 
there may be a negative impact upon highway and motor carrier safety. 
Higher minimum charges might force individual shippers to reconsider 
using professional carriers to perform the transportation service. 
These individual shippers, who would otherwise ship their own household 
goods, might decide to save money by transporting their own household 
goods using rental trucks. The FHWA believes allowing more individual 
shippers to operate large, unfamiliar rental vehicles, would add more 
risks to highway safety than maintaining a lower weight threshold, 
thereby maintaining a lower minimum charge. The risks might include 
more accidents, near misses, and personal injuries due to carrying 
goods improperly or unsecured.
    The FHWA would like comments about whether the FHWA should retain, 
raise, or lower the 454 kilogram maximum threshold. In your comments, 
please provide any historical background information you may have on 
this subject.

Replacement of the Term ``Money Order''

    The FHWA is proposing to replace the individual shipper's use of 
the term ``money order'' to pay for transportation of household goods 
with a much more general term, a ``cashier's check.'' The FHWA proposes 
to use this term, as it is defined in 12 CFR 229.2(i).
    This would allow individual shippers to use financial or depository 
institutions' official checking systems, or U.S. Postal Service money 
orders. The regulations at 12 CFR 229.2(k) define a money order as a 
check, too. Thus, an individual shipper could use a cashier's ``money 
order.'' The FHWA believes the use of general money orders may 
compromise the individual shipper's financial safety during a time 
period when the individual shipper is at a greater risk of losing his 
ability to pay

[[Page 27129]]

for transportation charges. The FHWA believes the use of money orders, 
generally payable to the bearer, increases the risks of lost funds. The 
FHWA believes the use of a cashier's check (including a U.S. Postal 
Service money order) is much safer, allowing the check to be replaced 
more easily. The individual shipper might ask a financial institution 
(e.g., a State savings bank, a national bank, credit union, or savings 
association) or a U.S. Post Office to draw an official cashier's check 
for the transportation charges estimated and possibly another check for 
ten percent of the estimated charges, in case the shipment moves under 
a non-binding estimate and the resulting transportation charges are 
more than the non-binding estimate. The FHWA believes the use of the 12 
CFR 229.2 definitions will provide consistency. This would eliminate 
possible duplicative and contradictory definitions of these common 
terms. The FHWA solicits comments regarding this change.

Order of the Proposed Regulations

    The following table specifies the proposed section of each rule, 
the old section (if any) where the rule originated, and the title of 
the proposed section.

                       Part 375.--Transportation of Household Goods in Interstate Commerce                      
----------------------------------------------------------------------------------------------------------------
             Proposed section                             Old section                 Title of proposed section 
----------------------------------------------------------------------------------------------------------------
                                         SUBPART A--GENERAL REQUIREMENTS                                        
----------------------------------------------------------------------------------------------------------------
375.101..................................  375.1(a)................................  Who must follow these      
                                                                                      regulations?              
375.103..................................  375.1(b)................................  What are the definitions of
                                                                                      terms used in this part?  
----------------------------------------------------------------------------------------------------------------
                                 SUBPART B--BEFORE OFFERING SERVICES TO CUSTOMERS                               
                                                                                                                
                                            Liability Considerations                                            
----------------------------------------------------------------------------------------------------------------
375.201..................................  375.12..................................  What is my normal liability
                                                                                      for loss and damage when I
                                                                                      accept goods from an      
                                                                                      individual shipper?       
375.203..................................  What actions of an individual shipper                                
375.12...................................   may limit or reduce my normal                                       
                                            liability?.                                                         
----------------------------------------------------------------------------------------------------------------
                                            General Responsibilities                                            
----------------------------------------------------------------------------------------------------------------
375.205..................................  375.14..................................  May I have agents?         
375.207..................................  375.17..................................  What items must be in my   
                                                                                      advertisements?           
375.209..................................  375.13..................................  How must I handle          
                                                                                      complaints and inquiries? 
375.211..................................  None....................................  Must I have an arbitration 
                                                                                      program?                  
375.213..................................  375.2...................................  What information must I    
                                                                                      provide to a prospective  
                                                                                      individual shipper?       
                                       Collecting Transportation Charges                                        
----------------------------------------------------------------------------------------------------------------
375.215..................................  373, subpart A..........................  How must I collect charges?
375.217..................................  377, subpart A..........................  May I collect charges upon 
                                                                                      delivery?                 
375.219..................................  377.215(a) and (b)......................  May I extend credit to     
                                                                                      shippers?                 
375.221..................................  375.19..................................  May I use a charge card    
                                                                                      plan for payments?        
----------------------------------------------------------------------------------------------------------------
                                       SUBPART C--SERVICE OPTIONS PROVIDED                                      
----------------------------------------------------------------------------------------------------------------
375.301..................................  None....................................  What service options may I 
                                                                                      provide?                  
375.303..................................  375.11..................................  If I sell excess liability 
                                                                                      insurance coverage, what  
                                                                                      must I do?                
----------------------------------------------------------------------------------------------------------------
                                          SUBPART D--ESTIMATING CHARGES                                         
----------------------------------------------------------------------------------------------------------------
375.401..................................  None....................................  Must I estimate charges?   
375.403..................................  375.3...................................  How must I provide a       
                                                                                      binding estimate?         
375.405..................................  375.3...................................  How must I provide a non-  
                                                                                      binding estimate?         
375.407..................................  375.3...................................  Under what circumstances   
                                                                                      must I relinquish         
                                                                                      possession of a collect-on-
                                                                                      delivery shipment         
                                                                                      transported under a non-  
                                                                                      binding estimate?         
----------------------------------------------------------------------------------------------------------------
                               SUBPART E--PICK UP OF SHIPMENTS OF HOUSEHOLD GOODS                               
                                                                                                                
                                                 Before Loading                                                 
----------------------------------------------------------------------------------------------------------------
375.501..................................  375.5...................................  Must I write up an order   
                                                                                      for service?              
375.503..................................  375.6...................................  Must I write up a bill of  
                                                                                      lading?                   
----------------------------------------------------------------------------------------------------------------
                                              Weighing The Shipment                                             
----------------------------------------------------------------------------------------------------------------
375.505..................................  375.7...................................  Must I determine the weight
                                                                                      of a shipment?            
375.507..................................  375.7...................................  What is a certified scale? 
375.509..................................  375.7...................................  How must I determine the   
                                                                                      weight of a shipment?     
375.511..................................  375.7...................................  May I use an alternative   
                                                                                      method for shipments      
                                                                                      weighing 454 kilograms or 
                                                                                      less?                     
375.513..................................  375.7...................................  Must I give the individual 
                                                                                      shipper an opportunity to 
                                                                                      observe the weighing?     
375.515..................................  375.7...................................  May an individual shipper  
                                                                                      waive his/her right to    
                                                                                      observe each weighing?    
375.517..................................  375.7...................................  May an individual shipper  
                                                                                      demand re-weighing?       
375.519..................................  375.7...................................  Must I obtain weight       
                                                                                      tickets?                  

[[Page 27130]]

                                                                                                                
375.521..................................  375.7...................................  What must I do if an       
                                                                                      individual shipper wants  
                                                                                      to know the actual weight 
                                                                                      or charges for a shipment 
                                                                                      before I tender delivery? 
----------------------------------------------------------------------------------------------------------------
                                     SUBPART F--TRANSPORTATION OF SHIPMENTS                                     
----------------------------------------------------------------------------------------------------------------
375.601..................................  375.8...................................  Must I transport the       
                                                                                      shipment in a timely      
                                                                                      manner?                   
375.603..................................  375.8...................................  When must I tender a       
                                                                                      shipment for delivery?    
375.605..................................  375.8...................................  How must I notify an       
                                                                                      individual shipper of any 
                                                                                      service delays?           
375.607..................................  375.8...................................  What must I do if I am able
                                                                                      to tender a shipment for  
                                                                                      final delivery more than  
                                                                                      24 hours before a         
                                                                                      specified date?           
375.609..................................  375.12(c)...............................  What must I do for shippers
                                                                                      who store household goods 
                                                                                      in transit?               
----------------------------------------------------------------------------------------------------------------
                                        SUBPART G--DELIVERY OF SHIPMENTS                                        
----------------------------------------------------------------------------------------------------------------
375.701..................................  375.10..................................  May I provide for a release
                                                                                      of liability on my        
                                                                                      delivery receipt?         
375.703..................................  375.3(d)................................  What is the maximum collect-
                                                                                      on-delivery amount I may  
                                                                                      demand at the time of     
                                                                                      delivery?                 
375.705..................................  375.16..................................  If a shipment is           
                                                                                      transported on more than  
                                                                                      one vehicle, what charges 
                                                                                      may I collect at delivery?
375.707..................................  375.15..................................  If a shipment is partially 
                                                                                      lost or destroyed, what   
                                                                                      charges may I collect at  
                                                                                      delivery?                 
375.709..................................  375.15..................................  If a shipment is totally   
                                                                                      lost or destroyed, what   
                                                                                      charges may I collect at  
                                                                                      delivery?                 
----------------------------------------------------------------------------------------------------------------
                                     SUBPART H--COLLECTION OF ACTUAL CHARGES                                    
----------------------------------------------------------------------------------------------------------------
375.801..................................  None....................................  What types of charges apply
                                                                                      to subpart H?             
375.803..................................  377.205.................................  How must I present my      
                                                                                      freight or expense bill?  
375.805..................................  375.3(d)................................  If I was forced to         
                                                                                      relinquish a collect-on-  
                                                                                      delivery shipment before  
                                                                                      the payment of ALL        
                                                                                      charges, how do I collect 
                                                                                      the balance?              
375.807..................................  377.215.................................  (c)What actions may I take 
                                                                                      to collect the charges    
                                                                                      upon my freight bill?     
----------------------------------------------------------------------------------------------------------------
                                  SUBPART I--FILING ANNUAL ARBITRATION REPORTS                                  
----------------------------------------------------------------------------------------------------------------
375.901..................................  375.18..................................  What is an annual          
                                                                                      arbitration report?       
375.903..................................  None....................................  Who must file an annual    
                                                                                      arbitration report?       
375.905..................................  None....................................  Where and when do I file an
                                                                                      annual arbitration report?
375.907..................................  None....................................  How must I prepare and     
                                                                                      submit an annual          
                                                                                      arbitration report?       
----------------------------------------------------------------------------------------------------------------
                                               SUBPART J--PENALTIES                                             
----------------------------------------------------------------------------------------------------------------
375.1001.................................  None....................................  What penalties do we impose
                                                                                      for violations of this    
                                                                                      part?                     
----------------------------------------------------------------------------------------------------------------
                                                    APPENDIX A                                                  
----------------------------------------------------------------------------------------------------------------
Part 375, Appendix A.....................  Part 375--Form: Office of Compliance and  Your Rights and            
                                            Enforcement (OCE)-100.                    Responsibilities When You 
                                                                                      Move.                     
----------------------------------------------------------------------------------------------------------------

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket number appearing at the top of this 
document. The FHWA will file comments received after the comment 
closing date in the docket and will consider late comments to the 
extent practicable. The FHWA may, however, issue a final rule at any 
time after the close of the comment period. In addition to late 
comments, the FHWA will also continue to file, in the docket, relevant 
information becoming available after the comment closing date, and 
interested persons should continue to examine the docket for new 
material.
    Internet users may access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions on-line for more information and 
help.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined this action is neither a significant 
regulatory action under Executive Order 12866 nor significant under the 
Department of Transportation's regulatory policies and procedures. It 
is anticipated the economic impact of this action will not be 
substantial because this proposed rule makes minor, technical changes 
to the Federal Motor Carrier Commercial Regulations for household goods 
carriers. A full regulatory evaluation, therefore, is not warranted.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule upon small 
entities. The Small Business Administration (SBA) requires Federal 
agencies to analyze the impact of proposed rules on small businesses 
using the SBA Small Business Size Standards. These standards are based 
on the number of employees or revenue generated, and small businesses 
are listed by standard industrial classification (SIC) code.
    The FHWA believes there is no way to estimate the proportion of 
small

[[Page 27131]]

entities that are affected by motor carrier consumer protection 
regulations because the Motor Carrier Management Information System 
(MCMIS), the FHWA database of all entities which operate commercial 
motor vehicles, does not contain information pertaining to revenue, 
number of employees, or SIC codes. The most reliable method of 
determining the size of the motor carrier using MCMIS is by number of 
power units. For purposes of this analysis, a small motor carrier means 
a motor carrier with 10 power units or fewer.
    The FHWA has, in its August 1996 databases, 10,097 motor common 
carriers who identified themselves as transporting household goods in 
interstate or foreign commerce. Of this number, 9,179 (or 90.9 percent) 
have identified themselves as having ten or fewer power units (i.e., 
straight trucks or truck tractors).
    The FHWA believes this database significantly overstates the actual 
number of motor carriers subject to the household goods consumer 
protection regulations. The ICCTA created a new, more restrictive 
definition of transportation of household goods than the ICC had used. 
The FHWA's MCMIS database contains information based upon a motor 
carrier's determination of what it transported at the initial filing of 
the form MCS-150. This information may have been filed before the ICCTA 
and may have significantly changed since the filing.
    The AMSA claims, as its members, most of the motor common carriers 
who transport household goods in interstate commerce. On March 4, 1997, 
the AMSA informed the FHWA that it had 1,754 members, who hold FHWA 
authority to operate in interstate commerce transporting household 
goods. The FHWA will assume the AMSA membership roll is closer to the 
true number. The FHWA will add 246 motor carriers as a cushion for 
those motor carriers who may not be AMSA members. Based upon the AMSA 
membership data, for purposes of these analyses, we will use 2,000 
carriers as the estimated size of the regulated industry subject to 
this proposed rule.
    This NPRM would amend and clarify the requirements for motor common 
carriers of household goods to provide service to each prospective 
individual shipper. These requirements include the following thirteen 
items:
    (1) Minimum advertising information soliciting prospective 
individual shippers.
    (2) Distribution of a document, specified in appendix A to part 
375, noting the individual shipper's rights and responsibilities under 
Federal Highway Administration regulations.
    (3) A binding or non-binding estimate of transportation, 
accessorial, and incidental charges.
    (4) An order for service.
    (5) The selling of insurance policies.
    (6) A bill of lading.
    (7) Weight tickets.
    (8) Notifications of reasonable dispatch service delays.
    (9) Complaint and inquiry handling.
    (10) Use of charge card plans.
    (11) Agreements with agents
    (12) Notification of storage-in-transit liability assignments.
    (13) An arbitration results report.
    The former ICC required motor common carriers to follow these 
requirements with the exception of item number 13. Congress transferred 
the authority to protect individual shippers to the FHWA in the ICCTA. 
The FHWA believes these are minimum requirements necessary to protect 
individual shippers. The AMSA has advised the FHWA, in correspondence 
placed in the docket, its members want these requirements to be 
continued with minor modifications, as discussed above, to protect 
individual shippers.
    The FHWA calculates each entity will have to spend an average of 
$7,967 and 2,105 annual burden hours to comply with all of the 
paperwork requirements of this action. The FHWA based this estimate 
upon the estimated costs identified below to create records, duplicate 
records, store the original and duplicated copies of records, and 
practice inventory control for the records.
    The information required for preparing these documents is the type 
of information already developed by such entities in the normal course 
of conducting a household goods transportation business. The time 
necessary to compile the incremental data for the documents required in 
these regulations should be minimal and would vary proportionately with 
the number of shipments transported by the carrier.
    Although transportation consumers will benefit from the 
availability of this information, the cost to small carriers should be 
relatively minimal. Accordingly, the FHWA certifies this action would 
not have a significant impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act.

Executive Order 12612 (Federalism Assessment)

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612. We have determined this 
action does not have sufficient federalism implications to warrant the 
preparation of a federalism assessment. The amendments made by this 
proposed rule would not have a substantial direct effect on States nor 
on the relationship or distribution of power between the national 
government and the States because these changes do little to limit the 
policy making discretion of the States.
    The rule is not intended to preempt any State law or State 
regulation. Moreover, the changes made by this rule would impose no 
additional cost or burden upon any State. The rule would not have a 
significant effect upon the ability of the States to discharge 
traditional State governmental functions. The FHWA, therefore, is not 
required to prepare a separate Federalism Assessment for this rule.

Unfunded Mandates Reform Act of 1995

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4, 109 Stat. 48). The FHWA has determined this action does 
not have sufficient unfunded mandate implications to warrant the 
preparation of an unfunded mandate assessment.
    The amendments made by this proposed rule would not have a 
substantial direct effect on States nor on the relationship or 
distribution of power between the national government and the States 
because these changes do little to limit the policy making discretion 
of the States.
    The rule is not intended to preempt any State law or State 
regulation. Moreover, the changes made by this rule would impose no 
additional cost or burden upon any State. The rule will not have a 
significant effect upon the ability of the States to discharge 
traditional State governmental functions.
    For purposes of section 203 of the UMRA, the replacement of the 
annual performance report with an annual arbitration report would not 
impose a burden greater than $100 million. Also, the addition of an 
explicit requirement to provide an estimate, either binding or non-
binding, would not impose a $100 million burden, either.
    Under the Regulatory Flexibility Act discussion above, the FHWA 
estimates this proposal would have an annual burden of just under $16 
million. The FHWA, therefore, is not required to prepare a separate 
Unfunded Mandate Assessment for this rule.

[[Page 27132]]

Paperwork Reduction Act

    Under the OMB regulations, 5 CFR 1320, Controlling Paperwork 
Burdens on the Public, the OMB requires the FHWA to estimate the burden 
its regulations impose to generate, maintain, retain, disclose, or 
provide information to or for the FHWA, including the nine following 
items:
    1. Reviewing instructions.
    2. Developing, acquiring, installing, and utilizing technology and 
systems for the purpose of collecting, validating, and verifying 
information.
    3. Developing, acquiring, installing, and utilizing technology and 
systems for the purpose of processing and maintaining information.
    4. Developing, acquiring, installing, and utilizing technology and 
systems for the purpose of disclosing and providing information.
    5. Adjusting the existing ways to comply with any previously 
applicable instructions and requirements.
    6. Training personnel to be able to respond to a collection of 
information.
    7. Searching data sources.
    8. Completing and reviewing the collection of information.
    9. Transmitting, or otherwise disclosing the information.
    The OMB regulations permit the time, effort, and financial 
resources necessary to comply with a collection of information incurred 
by persons in the normal course of their activities (e.g., in compiling 
and maintaining business records) to be excluded from the burden 
estimate if the FHWA demonstrates to the OMB that the reporting, 
recordkeeping, or disclosure activities needed to comply are usual and 
customary. A collection of information conducted or sponsored by the 
FHWA and also conducted or sponsored by a unit of State, local, or 
tribal government is presumed to impose a Federal burden, except to the 
extent the FHWA shows such State, local, or tribal requirement would be 
imposed even in the absence of a Federal requirement.
    The collection of information requirements in this NPRM are to 
generate, maintain, retain, disclose, and provide information to or for 
the FHWA under 49 CFR part 375 to individual shippers as a consumer 
protection service. The collection of information would be used by 
prospective shippers to make informed decisions about contracts and 
services to be ordered, executed, and settled with interstate household 
goods carriers. The only information collection items the FHWA is 
changing from the former ICC's rules are the elimination of the annual 
performance report (previously submitted to OMB) and the addition of an 
annual arbitration report. All other items were required under the 
former ICC regulations, although no assigned OMB control number was 
transferred from the ICC to the FHWA covering these collections of 
information.
    The FHWA has calculated the 5 CFR 1320 paperwork financial 
resources burden for the collection of information contained in this 
NPRM. The FHWA used national averages of cost indicators developed by 
the Association of Records Managers and Administrators, Inc. (ARMA 
International). The ARMA International publication ``Cost Indicators 
for Selected Records Management Activities (A Guide to Unit Costing for 
the Records Manager--Volume 1)'' (1993) and its companion ``Cost 
Finding for Records Management Activities (A Guide to Unit Costing for 
the Records Manager--Volume II)'' (1996) by Jose-Marie Griffiths, 
Ph.D., and Donald W. King were used by the FHWA in calculating activity 
and organizational unit costs. The ARMA International guides determine 
organizational unit costs to be costs a parent organization may attach 
to records management activities. They include activity unit costs and 
records management general and administrative costs. Activity unit 
costs include salaries, benefits, supervision, training, staff and 
storage space, equipment, and supplies. General and administrative 
costs include staff compensation and space, non-productive time, 
furniture, supplies, and other direct and indirect costs associated 
with management and administration. The FHWA believes using 
organizational unit costs will more accurately estimate the actual 
costs for the entire CMV industry rather than activity unit costs and 
records management unit costs.

                       Estimated Paperwork Burden                       
------------------------------------------------------------------------
                                                 Financial      Hourly  
                Type of burden                      cost        burden  
------------------------------------------------------------------------
Advertising...................................       $4,814          351
``Your Rights'' Booklet.......................      894,710        4,167
Estimates.....................................    4,251,240    3,060,000
Order for Service.............................    1,417,080      300,000
Insurance Policy Sales........................      236,180      100,000
Bills of Lading...............................    2,877,240      300,000
Weight Tickets................................    2,702,808       90,000
Notice (Reasonable Dispatch)..................      507,816       10,000
Complaint Handling............................    1,502,696      310,000
Charge Card Plans.............................        1,502          584
Notice (SIT)..................................      228,348       30,000
Arbitration Report............................    1,310,722        4,000
                                               -------------------------
    Total.....................................   15,935,156    4,209,102
------------------------------------------------------------------------

    As stated above, the FHWA will use the figure of 2,000 motor 
carriers engaged in transportation of household goods in interstate or 
foreign commerce.
    The FHWA has broken down each discussion of information collection 
requirements into the major areas of 49 CFR Part 375's requirements.

Minimum Advertising Information Soliciting Prospective Individual 
Shippers

    Section 375.207 requires each advertisement of a motor carrier, or 
its agent, to include the name or trade name of the originating service 
motor carrier and the applicable FHWA-assigned U.S. DOT number. The 
FHWA believes identifying the name or trade name of a business entity 
in an advertisement is a usual and customary business practice. If the 
OMB agrees with the FHWA's assertion, this requirement would not be 
considered a burden defined by 5 CFR 1320, but would require approval 
by the OMB.
    The requirement to specify the applicable FHWA-assigned U.S. DOT 
number in an advertisement, except for advertisements on radio 
broadcasts, would impose a slight burden. The FHWA estimates the 2,000 
carriers subject to this requirement would have one advertisement in 
their local telephone yellow pages. In addition, each carrier would 
have one advertisement per year created for its local paper. The FHWA 
estimates the 17 large van lines would have 12 different advertisements 
per year created. The FHWA will estimate the cost of placing the U.S. 
DOT number in the created advertisement, but believes the 
advertisement's other time and financial costs are usual and customary 
business practices.
    The ARMA International guide indicates the creation of one record 
costs an organization $1.145. The FHWA determines 2,000 local telephone 
advertisements, 2,000 local newspaper advertisements, and 204 large van 
line advertisements must be created specifying the FHWA-assigned 
number. Multiplying 4,204 by $1.145 results in $4,814 (the FHWA rounds 
money up to the next whole dollar).
    The FHWA has calculated the 5 CFR 1320 paperwork time burden for 
the

[[Page 27133]]

advertisement collection of information. Based upon 4,204 
advertisements, the FHWA estimates each motor carrier would need 5 
minutes to create the assigned number upon the advertisement. This 
result multiplied by 4,202 advertisements equals 351 hours for the 
household goods carrier industry.

Your Rights and Responsibilities When You Move

    In February 1997, the FHWA asked the AMSA to estimate how many 
booklets would be distributed to individual shippers. The AMSA believes 
580,000 orders for service are executed each year and recommends the 
FHWA round this number up by 20,000 to 600,000 orders for service. This 
would capture the additional booklets of ``Your Rights And 
Responsibilities When You Move'' distributed to prospective individual 
shippers who decide not to use the services of a motor common carrier, 
but who were supplied the booklet at the appropriate time based upon 
the regulation.
    In the past, the ICC required motor common carriers to obtain the 
booklet ``Your Rights and Responsibilities When You Move'' from the 
ICC. A motor common carrier could add supplementary text about carrier-
specific items relevant to its operations and its own carrier logo. The 
motor carrier would then distribute the booklet.
    Although the FHWA does not have the resources to publish massive 
quantities of this important consumer publication, we strongly believe 
this publication should continue to be distributed. The AMSA agrees 
with us. The AMSA has advised us its members would provide the modified 
publication to consumers even without a regulatory requirement. 
However, we propose to continue requiring distribution of the 
publication to ensure consumers are provided with important knowledge 
to deal effectively with household goods carriers, particularly the 
few, unscrupulous carriers who treat them unfairly and are unlikely to 
provide this information voluntarily.
    The FHWA would allow motor common carriers to reproduce or 
photocopy this document in one of the following three ways.
    1. Distribute a subsequent Federal Register final rule (and 
successor final rules).
    2. Distribute the appendix to 49 CFR Part 375 when it is published 
in October of each year (by the U.S. Government Printing Office).
    3. Publish independently their own publication containing the text 
of appendix A to Part 375.
    This would provide flexibility to small entities who are not agents 
for other larger motor common carriers. The FHWA expects large van 
lines will want to produce their own booklets containing the appendix 
to part 375.
    Based upon an organizational unit cost analysis, the FHWA estimates 
the household goods carrier industry will incur an annual paperwork 
burden of $894,710 to comply with the publication and distribution of 
the booklet. Each carrier may create its own carrier identifiable 
document for distribution. The organizational unit cost for creating a 
record using the ARMA International guide is $1.145 per record. 
Multiplying 2,000 carriers by $1.145 results in $2,290 for all carriers 
to produce an original record. The organizational unit cost for 
duplicating the carrier's document is $1.076 per record. This would 
cost $645,600 for 600,000 requests for estimates. The organizational 
unit cost for storage of the documents is $0.0228 per record. The FHWA 
estimates 602,000 must be stored. This is the sum for the storage of 
the original document plus all the duplicated documents. The storage 
cost is estimated to be $13,726. The FHWA also estimates the document 
must be in inventory and must be controlled. The organizational unit 
cost for the practice of inventory control of documents is $0.387 per 
record. The FHWA estimates this to be $232,974. The total cost is 
$894,710 based upon the organizational unit cost method.

Distribution of ``Your Rights and Responsibilities When You Move'' 
Booklet

    The paperwork time burden for the 600,000 requests for orders for 
service requiring the distribution of this important consumer 
publication by 2,000 motor carriers results in an average of 300 copies 
distributed annually for each carrier. The FHWA estimates each carrier 
would need 1 hour to create each original document and approximately 
one additional hour to photocopy 300 copies of this document for 
distribution. The FHWA estimates carriers would need an additional 5 
minutes to inventory their stored documents. The FHWA believes all 
household goods carriers usually and customarily distribute carrier-
produced sales and information brochures and this document would be 
distributed with those documents when the prospective shipper is 
contacted. The FHWA, therefore, finds good cause to forego estimating a 
burden for distribution of the information in the brochure in this 
NPRM. The FHWA's total time estimate per carrier for this action is 2 
hours 5 minutes. This result multiplied by 2,000 carriers equals 4,167 
hours for the household goods carrier industry.

Binding or Non-binding Estimate of Transportation, Accessorial, and 
Incidental Charges

    Motor carriers are not required under current FHWA regulations to 
furnish individual shippers with any type of estimate, binding or non-
binding. If an estimate is calculated, however, the regulations do 
specify certain information is to be recorded, maintained, retained, 
and provided to the individual shipper. The proposed retention period 
of one year would remain the same as the current period. See 49 CFR 
379.13, Appendix A, item J.1.(a) (62 FR 32040, June 12, 1997).
    The FHWA believes household goods carriers provide almost every 
individual shipper with an estimate of charges prior to loading. The 
FHWA is proposing to require motor carriers to provide an estimate to 
every individual shipper. The ICC's unpublished 1995 HHG Performance 
Report Study found motor carriers wrote binding estimates for about 
55.8 percent of the 384,003 collect-on-delivery shipments transported. 
The FHWA will use 60 percent for the percentage of estimates motor 
carriers will write as binding estimates (an exact estimate of the 
charges to be paid) and 40 percent written as non-binding estimates (an 
approximate cost of the transportation charges). The FHWA believes each 
shipper obtains an average of three estimates before deciding upon a 
motor carrier to transport its household goods.
    For binding estimates, the motor carrier calculates what the total 
bill would be based upon a detailed analysis of the services to be 
provided. If the individual shipper has additional services or items to 
be performed at the time of loading the shipment, the motor carrier may 
either reaffirm the binding estimate, reject the binding estimate, 
recalculate a new binding estimate, or calculate a non-binding 
estimate. If the motor carrier does nothing, this NPRM would require 
the carrier to honor the binding estimate.
    The FHWA estimates a motor carrier's binding estimate takes an 
average of 2 hours to complete. This involves the following ten items:
    1. Traveling to the shipment location.
    2. Estimating the items to be transported and their weight.
    3. Estimating accessorial/incidental charges.

[[Page 27134]]

    4. Reviewing and obtaining information from tariffs, guides, 
schedules, etc.
    5. Calculating the estimate.
    6. Recording the estimate.
    7. Copying the estimate.
    8. Attaching the copy to the order for service/bill of lading.
    9. Providing the estimate to the prospective individual shipper.
    10. Return travel to the motor carrier's terminal.
    Calculation of 2 hours multiplied by 1,080,000 binding estimates 
(600,000 times 60 percent times an average of 3 estimates per order for 
service) results in 2,160,000 hours.
    The FHWA assumes 50 percent of non-binding estimates are completed 
exclusively by telephone and 50 percent are completed through a 
personal visit to the individual shipper's residence. The FHWA 
estimates a motor carrier's non-binding estimate takes an average of 30 
minutes to complete by telephone. This involves the following eight 
items:
    1. Asking the individual on the telephone certain questions (such 
as number of rooms, any extra heavy items, automobiles, etc.).
    2. Estimating the weight to be transported.
    3. Estimating accessorial/incidental charges.
    4. Reviewing and obtaining information from tariffs, guides, 
schedules, etc.
    5. Calculating an estimate.
    6. Recording the estimate.
    7. Copying the estimate and attaching the copy to the order for 
service/bill of lading.
    8. Providing the estimate to the prospective individual shipper 
over the telephone.
    Calculation of 30 minutes multiplied by 360,000 non-binding 
estimates (600,000 times 40 percent (non-binding estimate) times 50 
percent (estimate by telephone) times 3 estimates per order for service 
(average)) results in 180,000 hours.
    Providing a non-binding estimate by a personal visit involves 
essentially the same elements as a binding estimate and would consume 
the same amount of time.
    Calculation of 2 hours multiplied by 360,000 non-binding estimates 
(600,000 times 40 percent (non-binding estimate) times 50 percent 
(estimate by personal visit) times 3 estimates per order for service 
(average)) results in 720,000 hours.
    Thus, the FHWA calculates the total burden hours as 2,160,000 for 
binding estimates, 180,000 for non-binding telephone estimates, and 
720,000 for non-binding personal visit estimates for a grand total of 
3,060,000 burden hours for estimates.
    The FHWA estimates the financial burden in providing estimates 
would be creating a record of the estimate, copying the estimate, 
attaching it to the bill of lading, and filing and storing the estimate 
with the bill of lading. As discussed above, the FHWA estimates 600,000 
orders for service are executed each year and the FHWA assumes each 
shipper obtains an average of 3 estimates prior to deciding upon a 
motor carrier. This means 1,800,000 estimates would be made each year, 
and 1,800,000 copies made, filed and stored. The FHWA assumes the 
records would be active rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
provide estimates of charges with the following four acts: 1,800,000 
times $1.145 for creating one record equals $2,061,000. 1,800,000 times 
$1.076 for duplicating one record equals $1,936,800. 1,800,000 times 
$0.118 for filing one record equals $212,400. 1,800,000 times $0.0228 
for storing one record equals $41,040. The total of the four results is 
$4,251,240.

Order For Service

    An order for service must contain the following eleven information 
items:
    1. The carrier's name and address and the FHWA U.S. DOT number 
assigned to the carrier who is responsible for performing the service.
    2. The individual shipper's name, address and, if available, 
telephone number.
    3. The name, address and telephone number of the delivering 
carrier's office or agent located at or nearest to the destination of 
the shipment.
    4. A telephone number where the individual shipper/consignee may 
contact the carrier or his designated agent.
    5. Dates and times. One of the following three dates and times.
    (a) The agreed pickup date and agreed delivery date of the move.
    (b) The agreed period or periods of time of the entire move.
    (c) If the shipment is to be transported on a guaranteed service 
basis, the guaranteed dates or periods of time for pickup, 
transportation, and delivery. Any penalty or per diem requirements of 
the agreement must be entered under this item.
    6. A complete description of any special or accessorial services 
ordered and minimum weight or volume charges applicable to the 
shipment.
    7. Any identification or registration number assigned to the 
shipment.
    8. For non-binding estimated charges, the amount of the charges, 
the method of payment of total charges, and, the maximum amount 
required to be paid at time of delivery to obtain possession of the 
shipment.
    9. For binding estimated charges, the amount of charges required to 
be paid based upon a binding estimate and the terms of payment under 
this estimate.
    10. Whether the individual shipper requests notification of the 
charges prior to delivery and the telephone number or address where 
such communications will be received.
    11. Signature of the individual shipper, who is ordering the 
service, and signature of the carrier or his agent.
    A copy of the order for service must be dated and furnished to the 
individual shipper at the time it is executed. The proposed retention 
period of one year would remain the same as the current period. See 49 
CFR 379.13, Appendix A, item J.1.(b).
    The FHWA estimates an order for service takes 30 minutes to 
complete. Multiplying this by 600,000 orders for service results in 
300,000 burden hours.
    The FHWA estimates the financial burden in providing orders for 
service would be in creating the order of service record, copying the 
order, attaching it to the bill of lading, and filing and storing the 
order with the bill of lading. As discussed above, the FHWA estimates 
600,000 estimates for orders for service are executed each year. This 
means 600,000 orders would be made each year, and 600,000 copies made, 
filed and stored. The FHWA assumes the records would be active rather 
than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
provide orders for service using the following four calculations. 
600,000 times $1.145 for creating one record equals $687,000. 600,000 
times $1.076 for duplicating one record equals $645,600. 600,000 times 
$0.118 for filing one record equals $70,800. 600,000 times $0.0228 for 
storing one record equals $13,680. The total of the four results is 
$1,417,080.

Selling Insurance Policies

    The regulations do not require motor carriers to sell insurance to 
individual shippers. If a motor carrier does sell insurance, however, 
the insurance policy must be in plain English and clearly specify the 
nature and extent of coverage. The proposed retention period (until 
expiration of coverage plus one year) would remain the same as the 
current period. See 49 CFR 379.13, Appendix A, item F.1.(c).

[[Page 27135]]

    The FHWA estimates motor carriers sell excess liability insurance 
policies on 100,000 shipments of the 600,000 shipments each year. The 
FHWA also estimates each policy takes 1 hour to process and copy. This 
would result in 100,000 hours of burden for selling insurance policies 
to individual shippers.
    The FHWA estimates the financial burden in selling insurance 
policies would be creating the insurance policy record, copying the 
policy, providing one copy to the individual shipper, and filing and 
storing the policy. As discussed above, the FHWA estimates 100,000 
insurance policies would be executed each year. This means 100,000 
policies would be made each year, and 100,000 copies would be made, 
filed, and stored. The FHWA assumes the records would be active rather 
than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
provide insurance policies using the following four calculations. 
100,000 times $1.145 for creating one record equals $114,500. 100,000 
times $1.076 for duplicating one record equals $107,600. 100,000 times 
$0.118 for filing one record equals $11,800. 100,000 times $0.0228 for 
storing one record equals $2,280. The total of the four results is 
$236,180.

Bills of Lading

    A bill of lading must include the following twelve information 
items:
    1. The carrier's name and address, or the name and address of the 
motor carrier issuing the bill of lading.
    2. The names and addresses of any other motor carriers, when known, 
who will participate, through interline, in the transportation of the 
shipment.
    3. The name, address, and telephone number of the office of the 
motor carrier to contact in relation to the transportation of 
shipments.
    4. When the transportation is to be performed on a collect-on-
delivery basis, the name, the address and, if furnished, the telephone 
number of a person to whom notification is provided for in proposed 
Sec. 375.605 must be given.
    5. For non-guaranteed service, the agreed date or period of time 
for pickup of the shipment and the agreed date or period of time for 
the delivery of the shipment. The agreed dates or periods of time for 
pickup and delivery entered upon the bill of lading must conform to the 
agreed dates or periods of time for pickup and delivery entered upon 
the order for service or a proper amendment to the order for service.
    6. For guaranteed service subject to tariff provisions, the dates 
for pickup and delivery and any penalty or per diem entitlements due 
the individual shipper under the agreement.
    7. The actual date of pickup.
    8. The company or carrier identification number of the vehicle(s) 
on which the motor carrier loads the shipment.
    9. The terms and conditions for payment of the total charges 
including notice of any minimum charges.
    10. When the transportation is to be performed on a collect-on-
delivery basis and if a pre-move estimate of the charges is provided to 
the individual shipper, the maximum amount required to be paid at the 
time of delivery to obtain delivery of the shipment.
    11. The required released rates valuation statement (see RELEASED 
RATES OF MOTOR COMMON CARRIERS OF HHG, 9 I.C.C. 2d 523 (1993)) (as 
amended), and the charges, if any, for optional valuation coverage.
    12. Evidence of any insurance coverage sold to or procured for the 
individual shipper from an independent insurer, including the amount of 
the premium for such insurance.
    A copy of the bill of lading must accompany a shipment at all 
times. When the shipment is loaded upon a vehicle for transportation, 
the bill of lading must be in the possession of the driver responsible 
for the shipment. The proposed retention period would remain the same 
as the current period. See 49 CFR 379.13, Appendix A, item I.1.
    The FHWA estimates a bill of lading takes 30 minutes to complete. 
Multiplying this by the estimated 600,000 bills of lading executed each 
year results in 300,000 burden hours.
    The FHWA estimates the financial burden in providing bills of 
lading would be creating the bill of lading record, copying through the 
use of carbon or carbonless paper, attaching a copy to the estimate and 
order for service, providing a copy to accompany the load, and filing 
and storing the bill of lading with the estimate of charges and order 
for service. As discussed above, the FHWA estimates 600,000 orders for 
service are executed each year. This means 600,000 bills of lading 
would be made each year. The FHWA estimates at least three copies for 
each bill of lading would be made (1,800,000 copies), and 1,800,000 
copies filed and stored. The FHWA assumes the records would be active 
rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
write bills of lading using the following four calculations: 600,000 
times $1.145 for creating one record equals $687,000. 1,800,000 times 
$1.076 for duplicating one record equals $1,936,800. 1,800,000 times 
$0.118 for filing one record equals $212,400. 1,800,000 times $0.0228 
for storing one record equals $41,040. The total of the four results is 
$2,877,240.

Weight Tickets

    Every weight ticket must be signed by the person performing the 
weighing and must contain the following six information items:
    1. The complete name and location of the scale.
    2. The date of each weighing.
    3. Identification of the weight entries as being the tare, gross, 
or net weights.
    4. The company or carrier identification of the vehicle.
    5. The last name of the individual shipper as it appears on the 
Bill of Lading.
    6. The carrier's shipment registration or Bill of Lading number.
    When both weighings are performed on the same scale, one weight 
ticket may be used to record both weighings. All freight bills 
presented to collect any shipment charges dependent on the weight 
transported must be accompanied by true copies of all weight tickets 
obtained in the determination of the shipment weight. The proposed 
retention period would remain the same as the current period. See 49 
CFR 379.13, Appendix A, item J.5 for the current retention period.
    The FHWA estimates weighing freight takes 5 minutes to complete. 
The FHWA estimates 5 percent of shipments move under a binding estimate 
and an additional 5 percent move under an estimate based upon volume. 
These two types of estimates do not require weighing-- therefore, the 
FHWA will exclude 60,000 shipments from our calculations. The FHWA 
calculates 540,000 shipments times two weighings per shipment equals 
1,080,000 weighings. This multiplied by 5 minutes per weighing results 
in 90,000 burden hours.
    The FHWA estimates the financial burden in providing a weighing 
would be in creating the weight record, copying would generally be done 
through the use of carbon or carbonless paper, attaching a copy to the 
bill of lading and order for service, and filing and storing the weight 
ticket with the bill of lading and order for service.
    The FHWA estimates one copy for each weight ticket would be made 
(1,080,000 copies), and 2,160,000 copies filed and stored. The FHWA 
assumes the records would be active rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
record weight tickets using the

[[Page 27136]]

following four calculations: 1,080,000 times $1.145 for creating one 
record equals $1,236,600. 1,080,000 times $1.076 for duplicating one 
record equals $1,162,080. 2,160,000 times $0.118 for filing one record 
equals $254,880. 2,160,000 times $0.0228 for storing one record equals 
$49,248. The total is $2,702,808.

Notifications of Reasonable Dispatch Service Delays

    At the time of notification of delay, a carrier must advise the 
individual shipper of the alternative dates or periods of time the 
carrier may be able to pickup and/or deliver the shipment. The needs of 
the individual shipper must always be considered in this advisement. 
Additional requirements include the following six information items:
    1. If the notification of delay occurs prior to the pickup of the 
shipment, the carrier must amend the order for service.
    2. If the notification of delay occurs subsequent to the pickup of 
the shipment, the carrier must notify the individual shipper of the 
delay.
    3. The carrier must prepare a written record of the date, time and 
manner of notification.
    4. The carrier must prepare a written record of the amended date or 
period of time for delivery.
    5. These records must be retained by the carrier as part of its 
file on the shipment. The retention period would be one year from the 
date of notification.
    6. A true copy of the written delay notification noting the date, 
time and manner of notification, along with a record of the amended 
date or period of time for delivery must be furnished to the individual 
shipper by first class mail or in person.
    The proposed retention period of one year would remain the same as 
the current period. See 49 CFR 379.13, Appendix A. item I.4.(b).
    The FHWA estimates 20 percent of the 600,000 shipments transported 
each year experience some sort of delay requiring notification. This 
would result in 120,000 notifications. The FHWA believes 99.9 percent 
of these notifications occur by telephone and take an average of 5 
minutes to complete. The FHWA believes telegram and in person 
notification is used rarely. The FHWA also believes 99.9 percent of the 
written records provided to the individual shipper are delivered by 
first class mail and not in person.
    Multiplying 120,000 notifications by an average of 5 minutes 
results in 10,000 burden hours.
    The FHWA estimates the financial burden in providing a notification 
of delay would be in disclosing information in a 5 minute telephone 
call, creating a record of the notification, copying the record through 
the use of carbon or carbonless paper, mailing a copy to the individual 
shipper, and filing and storing the written notice with the bill of 
lading and order for service documents.
    The FHWA estimates one copy for each notice would be made (120,000 
copies), and 120,000 copies must be filed and stored. The FHWA assumes 
the records would be active rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
notify individual shippers about reasonable dispatch delays using the 
following six calculations:

120,000 times $0.31 per minute (A.T.&T. long distance telephone rate 
for a call from New York, NY, to Los Angeles, CA) times 5 minutes 
equals $186,000.
120,000 times $1.145 for creating one record equals $137,400.
120,000 times $1.076 for duplicating one record equals $129,120.
120,000 times $0.32 for mailing by U.S. Postal Service first class 
service to the individual shipper equals $38,400.
120,000 times $0.118 for filing one record equals $14,160.
120,000 times $0.0228 for storing one record equals $2,736. The total 
is $507,816.

Complaint and Inquiry Handling

    The regulations require carriers establish and maintain a procedure 
for responding to inquiries and complaints from individual shippers. 
The procedure must be specified in a concise, easy to read summary of 
the program and include a communications system allowing individual 
shippers to communicate with the carrier's principal place of business 
by telephone. The carrier must make a written record of all inquiries 
and complaints received from an individual shipper by any means of 
communication. The proposed retention period of one year after 
settlement would remain the same as the current period. See 49 CFR 
379.13, Appendix A, item F.2.(a).
    The FHWA estimates all 600,000 shipments transported each year have 
some sort of inquiry made about them by an individual shipper. The FHWA 
believes at least two are made by each shipper. This would result in 
1,200,000 records of complaints and inquiries. The FHWA estimates each 
carrier would use an average of 30 minutes to establish, document, and 
distribute its complaint and inquiry handling system in a concise, easy 
to read summary.
    The FHWA multiplies 1,200,000 records by an average of 5 minutes 
and 600,000 records of summaries distributed by an average of 30 
minutes. This results in 310,000 hours annual burden.
    The FHWA estimates the financial burden in conducting complaint and 
inquiry procedures would include the following twelve information 
items:
    1. Establishing the complaint and inquiry system.
    2. Creating a concise, easy to read summary record of the system.
    3. Copying the summary record 600,000 times.
    4. Filing the summary record until needed.
    5. Storing the summary record until needed.
    6. Distributing the summary record with other sales brochures as 
needed (including ``Your Rights and Responsibilities When You Move'' 
and the arbitration procedure).
    7. Disclosing information about complaints and inquiries in a 5 
minute telephone call.
    8. Creating a record of the notification.
    9. Copying the record through the use of carbon or carbonless 
paper.
    10. Mailing a copy to the individual shipper (by regular mail).
    11. Filing the written notice.
    12. Storing the written notice with the bill of lading and order 
for service documents.
    The FHWA estimates one copy for each complaint or inquiry notice 
would be made (120,000 copies), and 120,000 copies filed and stored. 
The FHWA assumes the records would be active rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
notify individual shippers about complaint and inquiry handling using 
the following twelve calculations:

2,000 concise, easy to read summary records of the system times $1.145 
for creating one record equals $2,000.
600,000 times $1.076 for duplicating the summary record equals 
$645,600.
600,000 times $0.32 for mailing by regular service U.S. Mail to agents 
and salespeople for distribution equals $192,000.
600,000 times $0.118 for filing the summary record until needed equals 
$70,800.
600,000 times $0.0228 for storing the summary record until needed 
equals $13,680.
600,000 times $0.118 for distributing the summary record with other 
sales brochures equals $70,800.

[[Page 27137]]

120,000 times $0.31 per minute (A.T.&T. long distance telephone rate 
for a call from New York, NY to Los Angeles, CA) times 5 minutes equals 
$186,000.
120,000 times $1.145 for creating one record equals $137,400.
120,000 times $1.076 for duplicating one record equals $129,120.
120,000 times $0.32 for mailing by U.S. Postal Service first class 
service to the individual shipper equals $38,400.
120,000 times $0.118 for filing one record equals $14,160.
120,000 times $0.0228 for storing one record equals $2,736. The total 
is $1,502,696.

Use of Charge Card Plans

    The regulations allow for the use of charge card plans, but do not 
require information collection requirements as a part of the 
regulation.

Agreements With Agents

    The regulations require motor carriers have written agreements with 
their prime agents. The AMSA's information shows 1,151 motor carriers 
do not affiliate with any van line, while 1,167 carriers are affiliated 
with one of 17 van lines. These 1,167 carriers are probably prime 
agents. The prime agents must have written agreements with their motor 
carrier principal.
    The FHWA estimates all 1,167 carriers have one written agreement 
with another motor carrier. This would result in 1,167 records of 
written agreements. The FHWA multiplies 1,167 records by an average of 
30 minutes. This results in 584 annual burden hours.
    The FHWA estimates the financial burden in executing a written 
agreement with prime agents would be in discussing the information with 
a potential agent, creating a record of the agreement, and filing and 
storing of the written agreement. The FHWA assumes the records would be 
active rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
execute written agreements with prime agents using the following three 
calculations:

1,167 times $1.145 for creating one record equals $1,337.
1,167 times $0.118 for filing one record equals $138.
1,167 times $0.0228 for storing one record equals $27.
The total is $1,502.

Notification of Storage-in-Transit Liability Assignments

    Motor carriers who are holding goods for storage-in-transit and 
this period of storage is about to expire must notify the individual 
shipper in writing about the following four information items:
    1. The date of conversion to permanent storage.
    2. The existence of a nine-month period subsequent to the date of 
conversion to permanent storage when the individual shipper may file 
claims against the carrier for loss or damage occurring to the goods in 
transit or during the storage-in-transit period.
    3. The fact the carrier's liability will end.
    4. The fact the individual shipper's property will be subject to 
the rules, regulations, and charges of the warehouseman.
    The motor carrier must make this notification at least 10 days 
prior to the expiration date of one of the following two conditions.
    (1) The specified period of time when the goods are to be held in 
storage.
    (2) The maximum period of time provided in its tariff for storage-
in-transit.
    The motor carrier must notify the individual shipper by certified 
mail, return receipt requested. If the motor carrier is holding 
household goods in storage-in-transit for a period of time less than 10 
days, within one day prior to the expiration date of the specified time 
when the goods are to be held in such storage, the carrier must give 
notification to the individual shipper.
    The carrier must maintain a record of notifications as part of the 
records of the shipment.
    The FHWA assumes 10 percent of the 600,000 shipments result in 
storage-in-transit situations where the time period expires. This would 
result in 60,000 records of notifications.
    The FHWA multiplies 60,000 records by an estimated average of 30 
minutes. This results in 30,000 annual burden hours.
    The FHWA estimates the financial burden in notifying an individual 
shipper about the storage-in-transit expiration date and conditions 
would be creating a record, copying the record, mailing the original by 
certified (return receipt requested) service, filing the record, and 
storing the active record.
    The FHWA estimates the original agreement would be made and mailed 
to the individual shipper. The carrier would file and store the copy. 
The FHWA assumes the records would be active rather than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
notify shippers regarding the expiration of storage-in-transit using 
the following four calculations:

60,000 times $1.145 for creating one record equals $68,700.
60,000 times $2.52 for postage (certified, return receipt requested 
U.S. Postal Service) for one record equals $151,200.
60,000 times $0.118 for filing one record equals $7,080.
60,000 times $0.0228 for storing one record equals $1,368.
The total is $228,348.

Arbitration Results Report

    Every motor carrier must have an arbitration program by statute. 
Each motor carrier must include in its annual arbitration report the 
following nine information items:
    1. The total number of shipments transported.
    2. The total number of claims in excess of $1000.
    3. The total number of claims of $1000 or less.
    4. The number of requests for arbitration on claims of $1000 or 
less.
    5. The results of those arbitrations (claim amounts and 
disposition).
    6. The number of requests for arbitration on claims in excess of 
$1000.
    7. The number of requests for arbitration on claims in excess of 
$1000 accepted by the carrier.
    8. The results of the arbitrations the carrier accepted and 
reported under item 7 of this list, providing the claim amount and 
disposition.
    9. An oath, completed by the carrier and signed by a company 
officer.
    The FHWA requires all 600,000 orders for service include a concise, 
easy to read summary of the arbitration procedures. This would result 
in 600,000 records being distributed. In addition, the FHWA would 
require all motor carriers file annually a prepared summary of the 
previous year's results of their arbitration programs.
    The FHWA estimates each carrier would use an average of 2 hours to 
establish, document, and distribute its arbitration program in a 
concise, easy to read summary.
    The FHWA multiplies 2,000 motor carriers by an average of 2 hours 
to establish, document, copy, and distribute 600,000 records of 
summaries. This results in 4,000 annual burden hours.
    The FHWA estimates the financial burden in establishing an 
arbitration program and filing the results of the program annually 
would include the following nineteen information items:
    1. Establishing the arbitration program.
    2. Creating a concise, easy to read summary record of the program.
    3. Copying the summary record 600,000 times.

[[Page 27138]]

    4. Filing the summary record until needed.
    5. Storing the summary record until needed.
    6. Distributing the summary record with other sales brochures as 
needed (including ``Your Rights and Responsibilities When You Move'' 
and the compliant and inquiry handling system).
    7. Creating a record of each arbitration result.
    8. Filing the record of the arbitration result.
    9. Storing the active record of the arbitration result.
    10. Requesting the active records of all arbitration results be 
sent to the annual record preparer's location.
    11. Reviewing and compiling the records of all arbitration results.
    12. Reviewing the regulations for the items to be reported.
    13. Creating an annual record of the results of the program.
    14. Copying the annual record for the carrier's files.
    15. Mailing the annual record to Washington, DC.
    16. Filing the copy of the annual record.
    17. Storing the copy of the annual record.
    18. Re-filing each record of arbitration results.
    19. Storing each record of arbitration results.
    The FHWA assumes 10 percent of household goods shippers would seek 
arbitration each year. This would result in 60,000 arbitrations being 
made each year. The FHWA assumes the records would be active rather 
than inactive.
    Thus, the FHWA calculates the organizational unit cost analysis to 
provide arbitration program summaries and preparation of a filed 
arbitration report using the following sixteen calculations:

2,000 concise, easy to read summary records of the system times $1.145 
for creating one record equals $2,290.
600,000 times $1.076 for duplicating the summary record equals 
$645,600.
600,000 times $0.32 for mailing by regular service U.S. Mail to agents 
and salespeople for distribution equals $192,000.
600,000 times $0.118 for filing the summary record until needed equals 
$70,800.
600,000 times $0.0228 for storing the summary record until needed 
equals $13,680.
600,000 times $0.118 for distributing the summary record with other 
sales brochures equals $70,800.
60,000 times $1.145 for creating one record of the arbitration result 
equals $68,700.
60,000 times $0.118 for filing one record equals $7,080.
60,000 times $0.0228 for storing one record equals $1,368.
60,000 times $1.789 for retrieving active records of all arbitration 
results be sent to the annual record preparer's location equals 
$107,340.
2,000 times $1.145 for creating an annual record of the results of the 
program equals $2,290.
2,000 times $1.076 for copying the annual record for the carrier's 
files equals $2,152.
2,000 times $0.32 for posting the annual record to Washington, DC by 
U.S. Postal Service equals $640.
2,000 times $0.118 for filing the copy of the annual record equals 
$236.
2,000 times $0.0228 for storing the copy of the annual record equals 
$46.
60,000 times $2.095 for re-filing each record of arbitration results 
equals $125,700.
The total is $1,310,722.

New Information Collection Request Summary

    Title: Transportation of Household Goods; Consumer Protection 
Regulations.
    Background: The Secretary of Transportation may promulgate 
``reasonable regulations, including regulations protecting individual 
shippers * * *'' 49 U.S.C. 14104. The FHWA's regulations require motor 
common carriers of household goods to generate, maintain, retain, 
disclose, and provide information to the FHWA or for the motor carriers 
to provide to third parties (individual shippers). The FHWA would 
continue most of these regulations. The FHWA would propose no 
requirement for specific forms. The FHWA regulations would also allow 
motor carriers to provide electronic documents. The FHWA estimates 
providing the information electronically may not be useful. It would, 
however, allow such disclosures provided the consumer has a system to 
read the electronic information readily. The FHWA believes the use of 
such electronic information is uncommon and is not likely to grow 
significantly based upon the current proposed regulations.
    The FHWA believes these requirements are necessary for motor common 
carriers to properly protect the rights and responsibilities of 
individual shippers. The FHWA believes these requirements are not 
unnecessarily duplicative of information otherwise reasonably 
accessible to an individual shipper. The FHWA believes most individual 
shippers would not know about the FHWA or its regulations published in 
Title 49, Code of Federal Regulations.
    Respondents: Approximately 2,000 motor carriers who provide 
transportation of household goods in interstate commerce.
    Average Burden per Year: 3,466,602 total hours divided by 2,000 
motor carriers equals 1,734 hours annually.
    Collection of Information Frequency: Upon set-up of a household 
goods motor carrier business, each time an individual shipper of 
household goods contemplates ordering service from a motor carrier, 
each time an individual shipper of household goods makes inquiries or 
complaints, each time a household goods shipment delay occurs, upon 
settlement of charges due, and annually for a report.
    The FHWA will send a new burden estimate for this collection of 
information requirement to the Office of Management and Budget. This 
document serves as the FHWA's 60-day notice under 5 CFR 1320.8(d)(1).
    The FHWA requests your comments regarding the accuracy of each 
estimate. If you believe an estimate is accurate, please tell us the 
reason why you believe it is accurate. If you believe the FHWA has 
miscalculated the burdens of time or financial burden, please tell us 
the reason why you believe it is inaccurate and provide us with better 
information to accurately estimate the burdens. The FHWA also requests 
your comments on the need for the collection of information 
requirements proposed in this NPRM, and on ways the FHWA may reduce the 
information collection burden while protecting consumers.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined this action will not have any effect on the quality of the 
environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

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.

[[Page 27139]]

List of Subjects in 49 CFR Part 377

    Credit, Freight forwarders, Highways and roads, Motor carriers.

    Issued on: May 5, 1998.
Kenneth R. Wykle,
Administrator, Federal Highway Administration.

    For the reasons set out in the preamble, the FHWA proposes to amend 
49 CFR Chapter III as set forth below:
    1. Part 375 is revised to read as follows:

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 
CONSUMER PROTECTION REGULATIONS

Subpart A--General Requirements

Sec.
375.101  Who must follow these regulations?
375.103  What are the definitions of terms used in this part?

Subpart B--Before Offering Services to My Customers

Liability Considerations

Sec.
375.201  What is my normal liability for loss and damage when I 
accept goods from an individual shipper?
375.203  What actions of an individual shipper may limit or reduce 
my normal liability?

General Responsibilities

Sec.
375.205  May I have agents?
375.207  What items must be in my advertisements?
375.209  How must I handle complaints and inquiries?
375.211  Must I have an arbitration program?
375.213  What information must I provide to a prospective individual 
shipper?

Collecting Transportation Charges

Sec.
375.215  How must I collect charges?
375.217  May I collect charges upon delivery?
375.219  May I extend credit to shippers?
375.221  May I use a charge card plan for payments?

Subpart C--Service Options Provided

Sec.
375.301  What service options may I provide?
375.303  If I sell excess liability insurance coverage, what must I 
do?

Subpart D--Estimating Charges

Sec.
375.401  Must I estimate charges?
375.403  How must I provide a binding estimate?
375.405  How must I provide a non-binding estimate?
375.407  Under what circumstances must I relinquish possession of a 
collect-on-delivery shipment transported under a non-binding 
estimate?

Subpart E--Pick up of Shipments of Household Goods

Before Loading

Sec.
375.501  Must I write up an order for service?
375.503  Must I write up a bill of lading?

Weighing the Shipment

Sec.
375.505  Must I determine the weight of a shipment?
375.507  What is a certified scale?
375.509  How must I determine the weight of a shipment?
375.511  May I use an alternative method for shipments weighing 454 
kilograms or less?
375.513  Must I give the individual shipper an opportunity to 
observe the weighing?
375.515  May an individual shipper waive his/her right to observe 
each weighing?
375.517  May an individual shipper demand re-weighing?
375.519  Must I obtain weight tickets?
375.521  What must I do if an individual shipper wants to know the 
actual weight or charges for a shipment before I tender delivery?

Subpart F--Transportation of Shipments

Sec.
375.601  Must I transport the shipment in a timely manner?
375.603  When must I tender a shipment for delivery?
375.605  How must I notify an individual shipper of any service 
delays?
375.607  What must I do if I am able to tender a shipment for final 
delivery more than 24 hours before a specified date or period of 
time?
375.609  What must I do for shippers who store household goods in 
transit?

Subpart G--Delivery of Shipments

Sec.
375.701  May I provide for a release of liability on my delivery 
receipt?
375.703  What is the maximum collect-on-delivery amount I may demand 
at the time of delivery?
375.705  If a shipment is transported on more than one vehicle, what 
charges may I collect at delivery?
375.707  If a shipment is partially lost or destroyed, what charges 
may I collect at delivery?
375.709  If a shipment is totally lost or destroyed, what charges 
may I collect at delivery?

Subpart H--Collection of Charges

Sec.
375.801  What types of charges apply to subpart H?
375.803  How must I present my freight or expense bill?
375.805  If I am forced to relinquish a collect-on-delivery shipment 
before the payment of ALL charges, how do I collect the balance?
375.807  What actions may I take to collect the charges upon my 
freight bill?

Subpart I--Filing Annual Arbitration Reports

Sec.
375.901  What is an annual arbitration report?
375.903  Who must file an annual arbitration report?
375.905  Where and when do I file an annual arbitration report?
375.907  How must I prepare and submit an annual arbitration report?

Subpart J--Penalties

Sec.
375.1001  What penalties do we impose for violations of this part?

Appendix A--Your Rights and Responsibilities When You Move

    Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 14104; and 49 CFR 
1.48.

Subpart A--General Requirements


Sec. 375.101  Who must follow these regulations?

    You, a motor common carrier engaged in the transportation of 
household goods, must follow the regulations in this part when offering 
your services to individual shippers. You are subject to this part only 
when you transport household goods for individual shippers by motor 
vehicle in interstate commerce.


Sec. 375.103  What are the definitions of terms used in this part?

    (a) Terms used in this part:
    Advertisement means any communication to the public in connection 
with an offer or sale of any interstate transportation service. This 
includes written or electronic database listings of your name, address, 
and telephone number in an on-line database. This excludes 
advertisements over airwaves, including radio and television, and 
listings of your name, address, and telephone number in a telephone 
directory or similar publication.
    Cashier's check means a check that has all four of the following 
characteristics:
    (1) Drawn on a bank as defined in 12 CFR 229.2.
    (2) Signed by an officer or employee of the bank on behalf of the 
bank as drawer.
    (3) A direct obligation of the bank.
    (4) Provided to a customer of the bank or acquired from the bank 
for remittance purposes.
    Household goods, as used in connection with transportation, means

[[Page 27140]]

the personal effects or property used, or to be used, in a dwelling. 
The personal effects and property must be a part of the equipment or 
supplies of such a dwelling or similar property.
    Individual shipper or householder means any person who is the 
consignor or consignee of a household goods shipment and you identify 
him or her as such in the bill of lading contract. The individual 
shipper owns the goods being transported.
    May means an option. You may do something, but it is not a 
requirement.
    Must means a legal obligation. You must do something.
    Order for service means a document authorizing you to transport an 
individual shipper's household goods.
    Reasonable dispatch means the performance of transportation on the 
dates, or during the period of time, agreed upon by you and the 
individual shipper and shown on the Order For Service/Bill of Lading. 
For example, if you deliberately withhold any shipment from delivery 
after an individual shipper offers to pay the binding estimate or 110 
percent of a non-binding estimate, you have not transported the goods 
with reasonable dispatch. The term ``reasonable dispatch'' excludes 
transportation provided under your tariff provisions requiring 
guaranteed service dates. You will have the defenses of force majeure, 
i.e., superior or irresistible force, as construed by the courts. 
``Force majeure'' in this context, means a defense protecting the 
parties in the event that a part of the contract cannot be performed 
due to causes which are outside the control of the parties and could 
not be avoided by exercise of due care.
    Should means a recommendation. We recommend you do something, but 
it is not a requirement.
    Transportation of household goods means either one of the following 
two provisions:
    (1) The householder (an individual shipper) arranges and pays for 
transportation of household goods. This may include transportation from 
a factory or store, when the individual shipper purchases the household 
goods with the intent to use the goods in his or her own dwelling.
    (2) Another party arranges and pays for the transportation of 
household goods.
    We, us, and our means the Federal Highway Administration (FHWA).
    You and your means a motor common carrier engaged in the 
transportation of household goods and its household goods agents.
    (b) Where may other terms used in this part be defined? You may 
find other terms used in this part defined in 49 U.S.C. 13102. The 
definitions in that statute control. If terms are used in this part and 
the terms are neither defined here nor in 49 U.S.C. 13102, the terms 
will have the ordinary practical meaning of such terms.

Subpart B--Before Offering Services to Customers

Liability Considerations


Sec. 375.201  What is my normal liability for loss and damage when I 
accept goods from an individual shipper?

    (a) In general, you are legally liable for loss or damage if it 
happens during performance of any one of the following three services 
identified on your lawful bill of lading:
    (1) Transportation of household goods.
    (2) Storage-in-transit of household goods, including incidental 
pickup or delivery service.
    (3) Servicing of an appliance or other article, if you or your 
agent performs the servicing.
    (b) You are liable for loss of, or damage to, any household goods 
to the extent provided in the current Surface Transportation Board's 
released rates order (see RELEASED RATES OF MOTOR COMMON CARRIERS OF 
HHG, 9 I.C.C. 2d 523 (1993)).
    (c) You may have additional liability if you sell excess liability 
insurance.


Sec. 375.203  What actions of an individual shipper may limit or reduce 
my normal liability?

    (a) If an individual shipper includes perishable household goods 
without your knowledge, you need not assume liability for these items.
    (b) If an individual shipper agrees to ship household goods 
released at a value greater than $1.32 per kilogram (60 cents per 
pound) per article, your liability for loss and damage may be limited 
to $220 per kilogram ($100 per pound) per article if the individual 
shipper fails to notify you in writing of articles valued at more than 
$220 per kilogram ($100 per pound).
    (c) If an individual shipper notifies you in writing that an 
article valued at greater than $220 per kilogram ($100 per pound) will 
be included in the shipment, the shipper will be entitled to full 
recovery up to the declared value of the article or articles, not to 
exceed the declared value of the entire shipment.

General Responsibilities


Sec. 375.205  May I have agents?

    (a) You may have agents provided you comply with paragraphs (b) and 
(c) of this section. A household goods agent is defined as either one 
of the following two types of agents:
    (1) A prime agent provides a transportation service for you or on 
your behalf, including the selling of, or arranging for, a 
transportation service. You permit or require the agent to provide 
services under the terms of an agreement or arrangement with you. A 
prime agent does not provide services on an emergency or temporary 
basis. A prime agent does not include a household goods broker or 
freight forwarder.
    (2) An emergency or temporary agent provides origin or destination 
services on your behalf, excluding the selling of, or arranging for, a 
transportation service. You permit or require the agent to provide such 
services under the terms of an agreement or arrangement with you. The 
agent performs such services only on an emergency or temporary basis.
    (b) If you have agents, you must have written agreements between 
you and your prime agents. You and your retained prime agent must sign 
the agreements.
    (c) Copies of all your prime agent agreements must be in your files 
for a period of at least 24 months following the date of termination of 
each agreement.


Sec. 375.207  What items must be in my advertisements?

    (a) You and your agents must publish and use only truthful, 
straightforward, and honest advertisements.
    (b) You must include, and you must require each of your agents to 
include, in all advertisements for all services (including any 
accessorial services incidental to or part of interstate 
transportation), the following two elements:
    (1) Your name or trade name, as it appears on our document 
assigning you a U.S. DOT number, or the name or trade name of the motor 
carrier under whose operating authority the advertised service will 
originate.
    (2) U.S. DOT number, assigned by us authorizing you to operate as a 
for-hire motor carrier.
    (c) Your FHWA-assigned U.S. DOT number must be displayed only in 
the following form in every advertisement: U.S. DOT No. (assigned 
number).


Sec. 375.209  How must I handle complaints and inquiries?

    (a) You must establish and maintain a procedure for responding to 
complaints and inquiries from your individual shippers.
    (b) Your procedure must include all four of the following items:

[[Page 27141]]

    (1) A communications system allowing individual shippers to 
communicate with your principal place of business by telephone.
    (2) A telephone number.
    (3) A clear and concise statement about who must pay for complaint 
and inquiry telephone calls.
    (4) A written or electronic record system for recording all 
inquiries and complaints received from an individual shipper by any 
means of communication.
    (c) You must produce a clear and concise written description of 
your procedure for distribution to individual shippers.


Sec. 375.211  Must I have an arbitration program?

    (a) You must have an arbitration program for individual shippers. 
You must establish and maintain an arbitration program with the 
following eleven minimum elements:
    (1) You must design your arbitration program to prevent you from 
having any special advantage in any case where the claimant resides or 
does business at a place distant from your principal or other place of 
business.
    (2) Before the household goods are tendered for transport, your 
arbitration program must provide notice to the individual shipper of 
the availability of neutral arbitration, including all three of the 
following items:
    (i) A summary of the arbitration procedure.
    (ii) Any applicable costs.
    (iii) A disclosure of the legal effects of election to use 
arbitration.
    (3) Upon the individual shipper's request, you must provide forms 
and information necessary for initiating an action to resolve a dispute 
under arbitration.
    (4) You must require each person you authorize to arbitrate to be 
independent of the parties to the dispute and capable of resolving such 
disputes, and you must ensure the arbitrator is authorized and able to 
obtain from you or the individual shipper any material or relevant 
information to carry out a fair and expeditious decision making 
process.
    (5) You must not charge the individual shipper more than one-half 
of the total cost for instituting the arbitration proceeding against 
you. In the arbitrator's decision, the arbitrator may determine which 
party must pay the cost or a portion of the cost of the arbitration 
proceeding, including the cost of instituting the proceeding.
    (6) You must refrain from requiring the individual shipper to agree 
to use arbitration before a dispute arises.
    (7) Arbitration must be binding for claims of $1000 or less, if the 
individual shipper requests arbitration.
    (8) Arbitration must be binding for claims of more than $1000, if 
the individual shipper requests arbitration and the carrier agrees to 
it.
    (9) If all parties agree, the arbitrator may provide for an oral 
presentation of a dispute by a party or representative of a party.
    (10) The arbitrator must render a decision within 60 days of 
receipt of written notification of the dispute, and a decision by an 
arbitrator may include any remedies appropriate under the 
circumstances.
    (11) The arbitrator may extend the 60-day period for a reasonable 
period of time if you or the individual shipper fail to provide, in a 
timely manner, any information the arbitrator reasonably requires to 
resolve the dispute.
    (b) You must produce and distribute a concise, easy-to-read, 
accurate summary of the your arbitration program, including the items 
in this section.


Sec. 375.213  What information must I provide to a prospective 
individual shipper?

    (a) Before you execute an order for service for a shipment of 
household goods, you must furnish to your prospective individual 
shipper, all four of the following documents:
    (1) The contents of Appendix A of this part, ``Your Rights and 
Responsibilities When You Move.''
    (2) A concise, easy-to-read, accurate estimate of your charges.
    (3) A concise, easy-to-read, accurate summary of the your 
arbitration program.
    (4) A concise, easy to read, accurate summary of your customer 
complaint and inquiry handling procedures. Included in this description 
must be both of the following two items:
    (i) The main telephone number the individual shipper may use to 
communicate with you.
    (ii) A clear and concise statement concerning who must pay for 
telephone calls.
    (b) To comply with paragraph (a)(1) of this section, you must 
produce and distribute a document with the text and general order of 
appendix A to this part as it appears. The following three items also 
apply:
    (1) If we, the Federal Highway Administration, choose to modify the 
text or general order of appendix A, we will provide the public 
appropriate notice in the Federal Register and an opportunity for 
comment as required by part 389 of this subchapter before making you 
change anything.
    (2) If you publish the document, you may choose the dimensions of 
the publication as long as the type font size is at least 10 point or 
greater and the size of the booklet is at least as large as 232 square 
centimeters (36 square inches).
    (3) If you publish the document, you may choose the color and 
design of the front and back covers of the publication. The following 
words must appear prominently on the front cover in at least 12 point 
or greater bold or full-faced type: ``YOUR RIGHTS AND RESPONSIBILITIES 
WHEN YOU MOVE. OMB No. 2125-________, Expires on________ , 200______ . 
Furnished By Your Mover, As Required By Federal Law.'' You may 
substitute your name or trade name in place of ``Your Mover'' if you 
wish (for example, Furnished by XYZ Van Lines, As Required By Federal 
Law).
    (c) Paragraphs (b)(2) and (b)(3) of this section do not apply to 
exact copies of appendix A published in the Federal Register or the 
Code of Federal Regulations.

Collecting Transportation Charges


Sec. 375.215  How must I collect charges?

    You must issue an honest, truthful freight or expense bill in 
accordance with subpart A of part 373 of this subchapter.


Sec. 375.217  May I collect charges upon delivery?

    (a) Yes. You may maintain a tariff setting forth nondiscriminatory 
rules governing collect-on-delivery service and the collection of 
collect-on-delivery funds.
    (b) If an individual shipper pays you at least 110 percent of the 
approximate costs of a non-binding estimate on a collect-on-delivery 
shipment, you must relinquish possession of the shipment at the time of 
delivery. You may specify the form of payment acceptable to you.


Sec. 375.219  May I extend credit to shippers?

    You may extend credit to shippers in accordance with Sec. 375.807.


Sec. 375.221  May I use a charge card plan for payments?

    (a) You may provide in your tariffs for the acceptance of charge 
cards for the payment of freight charges.
    (b) You may accept charge cards whenever shipments are transported 
under agreements and tariffs requiring payment by cash, certified 
check, or a cashier's check.
    (c) If you allow an individual shipper to pay for a freight or 
expense bill by charge card, you are deeming such payment to be 
equivalent to payment by

[[Page 27142]]

cash, certified check, or a cashier's check.
    (d) The charge card plans you participate in must be identified in 
your tariff rules as items permitting the acceptance of the charge 
cards.
    (e) If an individual shipper causes a charge card issuer to reverse 
a charge transaction, you may consider the individual shipper's action 
tantamount to forcing you to provide an involuntary extension of your 
credit. In such instances, the rules in Sec. 375.807 apply.

Subpart C--Service Options Provided


Sec. 375.301  What service options may I provide?

    (a) You may design your household goods service to provide 
individual shippers with a wide range of specialized service and 
pricing features. Many carriers provide at least the following five 
service options:
    (1) Space reservation.
    (2) Expedited service.
    (3) Exclusive use of a vehicle.
    (4) Guaranteed service on or between agreed dates.
    (5) Excess liability insurance.
    (b) If you sell excess liability insurance, you must follow the 
requirements in Sec. 375.303.


Sec. 375.303  If I sell excess liability insurance coverage, what must 
I do?

    (a) You, your employee, or an agent, may sell, offer to sell, or 
procure excess liability insurance coverage for loss and damage to 
shipments of any individual shippers only under the following two 
conditions:
    (1) The individual shipper releases the shipment for transportation 
at a value not exceeding $1.32 per kilogram (60 cents per pound) per 
article.
    (2) The individual shipper fails to declare a valuation of $2.75 or 
more per kilogram ($1.25 or more per pound) and pays, or agrees to pay, 
you for assuming liability for the shipment equal to the declared 
value.
    (b) You may offer, sell, or procure any kind of excess liability 
insurance coverage.
    (c) You may offer, sell, or procure any type of policy covering 
loss or damage in excess of the specified carrier liability.
    (d) You must issue to the individual shipper a policy or other 
appropriate evidence of the insurance the individual shipper purchased.
    (e) You must provide a copy of the policy or other appropriate 
evidence to the individual shipper at the time you sell or procure the 
insurance.
    (f) You must issue policies written in plain English.
    (g) You must clearly specify the nature and extent of coverage 
under the policy.
    (h) Your failure to issue a policy, or other appropriate evidence 
of insurance purchased, to an individual shipper will subject you to 
full liability for any claims to recover loss or damage attributed to 
you.
    (i) You must provide in your tariff for the provision of selling, 
offering to sell, or procuring excess liability insurance service. The 
tariff must also provide for the base transportation charge, including 
your assumption for full liability for the value of the shipment. This 
would be in the event you fail to issue a policy or other appropriate 
evidence of insurance to the individual shipper at the time of 
purchase.

Subpart D--Estimating Charges


Sec. 375.401  Must I estimate charges?

    (a) Before you execute an order for service for a shipment of 
household goods for an individual shipper, you must estimate the total 
charges in writing. The written estimate must be one of the following 
two types:
    (1) A binding estimate, an agreement made in advance with your 
individual shipper. It guarantees the total cost of the move based upon 
the quantities and services shown on your estimate.
    (2) A non-binding estimate, what you believe the total cost will be 
for the move, based upon the estimated weight or volume of the shipment 
and the accessorial services requested. A non-binding estimate is not 
binding on you. You will base the final charges upon the actual weight 
of the individual shipper's shipment and the tariff provisions in 
effect.
    (b) For non-binding estimates, you should provide your best 
estimate of the approximate costs the individual shipper should expect 
to pay for the transportation and services of such shipments. If you 
provide an inaccurately low estimate, you may be limiting the amount 
you will collect at the time of delivery as provided in Sec. 375.407.
    (c) You and the individual shipper must sign the estimate of 
charges. You must provide a dated copy of the estimate of charges to 
the individual shipper at the time you sign the estimate.
    (d) Before loading a household goods shipment, and upon mutual 
agreement of both you and the individual shipper, you may amend an 
estimate of charges.


Sec. 375.403  How must I provide a binding estimate?

    (a) You may provide a guaranteed binding estimate of the total 
shipment charges to the individual shipper, so long as it is provided 
for in your tariff. The individual shipper must pay the amount for the 
services included in your estimate. You must comply with the following 
eight requirements:
    (1) You must provide a binding estimate in writing to the 
individual shipper or other person responsible for payment of the 
freight charges.
    (2) You must retain a copy of each binding estimate as an addendum 
to the bill of lading.
    (3) You must clearly indicate upon each binding estimate's face the 
estimate is binding upon you and the individual shipper. Each binding 
estimate must also clearly indicate on its face the charges shown are 
the charges being assessed for only those services specifically 
identified in the estimate.
    (4) You must clearly describe binding estimate shipments and all 
services you are providing.
    (5) If it appears an individual shipper has tendered additional 
household goods or requires additional services not identified in the 
binding estimate, you are not required to honor the estimate. However, 
before loading the shipment, you must do one of the following three 
things:
    (i) Reaffirm your binding estimate.
    (ii) Negotiate a revised written binding estimate listing the 
additional household goods or services.
    (iii) Agree with the individual shipper, in writing, that both of 
you will consider the original binding estimate as a non-binding 
estimate subject to Sec. 375.405.
    (6) Once you load a shipment, failure to execute a new binding 
estimate or a non-binding estimate signifies you have reaffirmed the 
original binding estimate. You may not collect more than the amount of 
the original binding estimate, except as provided in paragraph (a)(7) 
of this section.
    (7) If the individual shipper adds additional services at the 
destination and the services fail to appear on your estimate, you may 
require full payment at the time of delivery for those services your 
individual shipper added at destination.
    (8) Failure to relinquish possession of a shipment upon an 
individual shipper's offer to pay the binding estimate amount 
constitutes a failure to transport a shipment with ``reasonable 
dispatch'' and subjects you to cargo delay claims pursuant to 49 CFR 
part 370.
    (b) If you do not provide a binding estimate to an individual 
shipper, you must provide a non-binding estimate to

[[Page 27143]]

the individual shipper in accordance with Sec. 375.405.
    (c) You must retain a record of all estimates of charges for at 
least one year from the date you made the estimate.


Sec. 375.405  How must I provide a non-binding estimate?

    (a) If you do not provide a binding estimate to an individual 
shipper in accordance with Sec. 375.403, you must provide a non-binding 
estimate to the individual shipper.
    (b) If you provide a non-binding estimate to an individual shipper, 
you must provide your best estimate of the approximate costs the 
individual shipper should expect to pay for the transportation and 
services of such shipments. You must comply with the following six 
requirements:
    (1) You must provide reasonably accurate non-binding estimates 
based upon the estimated weight or volume of the shipment and services 
required.
    (2) You must explain to the individual shipper all final charges 
calculated for shipments moved on non-binding estimates will be those 
appearing in your tariffs applicable to the transportation. You must 
explain to the individual shipper these final charges may exceed the 
approximate costs appearing in your estimate.
    (3) You must furnish non-binding estimates without charge and in 
writing to the individual shipper or other person responsible for 
payment of the freight charges.
    (4) You must retain a copy of each non-binding estimate as an 
addendum to the bill of lading.
    (5) You must clearly indicate on the face of a non-binding 
estimate, the estimate is not binding upon you and the charges shown 
are the approximate charges to be assessed for the services identified 
in the estimate.
    (6) You must clearly describe on the face of a non-binding estimate 
the entire shipment and all services you are providing.
    (b) If you furnish a non-binding estimate, you must enter the 
estimated charges upon the order for service and upon the bill of 
lading.
    (c) You must retain a record of all estimates of charges for at 
least one year from the date you made the estimate.


Sec. 375.407  Under what circumstances must I relinquish possession of 
a collect-on-delivery shipment transported under a non-binding 
estimate?

    (a) If an individual shipper pays you at least 110 percent of the 
approximate costs of a non-binding estimate on a collect-on-delivery 
shipment, you must relinquish possession of the shipment at the time of 
delivery. You may specify the form of payment acceptable to you.
    (b) Failure to relinquish possession of a shipment upon an 
individual shipper's offer to pay 110 percent of the estimated charges 
constitutes a failure to transport the shipment with ``reasonable 
dispatch'' and subjects you to cargo delay claims pursuant to 49 CFR 
part 370.
    (c) You must defer demand for the payment of the balance of any 
remaining charges for a period of 30 days following the date of 
delivery. After this 30-day period, you must demand payment of the 
balance of any remaining charges. For example, if your non-binding 
estimate to an individual shipper estimated total charges at delivery 
should be $1,000, but your actual charges at destination are $1,500, 
you must deliver the shipment upon payment of $1,100 (110 percent of 
the estimated charges) and forego demanding payment. You then must 
issue a freight or expense bill demanding payment of the remaining $400 
after the 30-day period expires.
    (d) You must retain a record of all estimates of charges for at 
least one year from the date you made the estimate.

Subpart E--Pick Up of Shipments of Household Goods

Before Loading


Sec. 375.501  Must I write up an order for service?

    (a) Before you receive a shipment of household goods you will move 
for an individual shipper, you must prepare an order for service. The 
order for service must contain the information described in the 
following ten items:
    (1) Your name and address and the FHWA U.S. DOT number assigned to 
the carrier who is responsible for performing the service.
    (2) The individual shipper's name, address and, if available, its 
telephone number(s).
    (3) The name, address and telephone number of the delivering 
carrier's office or agent located at or nearest to the destination of 
the shipment.
    (4) A telephone number where the individual shipper/consignee may 
contact you or your designated agent.
    (5) Dates and times. One of the following three entries must be on 
the order for service:
    (i) The agreed pickup date and agreed delivery date of the move.
    (ii) The agreed period or periods of time of the entire move.
    (iii) If you are transporting the shipment on a guaranteed service 
basis, the guaranteed dates or periods of time for pickup, 
transportation, and delivery. You must enter any penalty or per diem 
requirements upon the agreement under this item.
    (6) A complete description of any special or accessorial services 
ordered and minimum weight or volume charges applicable to the 
shipment, subject to the following two conditions.
    (i) If you provide service for individual shippers on rates based 
upon the transportation of a minimum weight or volume, you must 
indicate on the order for service the minimum weight-or volume-based 
rates, and the minimum charges applicable to the shipment.
    (ii) If you do not indicate the minimum rates and charges, your 
tariff must provide you will compute the final charges relating to such 
a shipment based upon the actual weight or volume of the shipment.
    (7) Any identification or registration number you assign to the 
shipment.
    (8) For non-binding estimates, your best estimate of the amount of 
the charges, the method of payment of total charges, and the maximum 
amount (no more than 110 percent of the non-binding estimate) you will 
demand at the time of delivery to relinquish possession of the 
shipment.
    (9) For binding estimates, the amount of charges you will demand 
based upon the binding estimate and the terms of payment under this 
estimate.
    (10) Whether the individual shipper requests notification of the 
charges before delivery. The individual shipper must provide you with 
the telephone number(s) or address(es) where you will transmit the 
notification.
    (b) You and the individual shipper must sign the order for service. 
You must provide a dated copy of the order for service to the 
individual shipper at the time you sign the order.
    (c) Before loading the shipment, and upon mutual agreement of both 
you and the individual shipper, you may amend an order for service.
    (d) You must retain records of an order for service for at least 
one year from the date you made the order.


Sec. 375.503  Must I write up a bill of lading?

    (a) You must issue a bill of lading. The bill of lading must 
contain the terms and conditions of the contract. You must furnish a 
complete copy of the bill of lading to the individual shipper before 
beginning to load the shipment.
    (b) On a bill of lading, you must include the following twelve 
items:
    (1) Your name and address, or the name and address of the motor 
carrier issuing the bill of lading.
    (2) The names and addresses of any other motor carriers, when 
known, who

[[Page 27144]]

will participate in interline transportation of the shipment.
    (3) The name, address, and telephone number of your office (or the 
office of your agent) where the individual shipper can contact you in 
relation to the transportation of the shipment.
    (4) When you transport under a collect-on-delivery basis, the name, 
address and, if furnished, the telephone number of a person to notify 
about the charges, as required in Sec. 375.605.
    (5) For non-guaranteed service, the agreed date or period of time 
for pickup of the shipment and the agreed date or period of time for 
the delivery of the shipment. The agreed dates or periods of time for 
pickup and delivery entered upon the bill of lading must conform to the 
agreed dates or periods of time for pickup and delivery entered upon 
the order for service or a proper amendment to the order for service.
    (6) For guaranteed service, subject to tariff provisions, the dates 
for pickup and delivery and any penalty or per diem entitlements due 
the individual shipper under the agreement.
    (7) The actual date of pickup.
    (8) The company or carrier identification number of the vehicle(s) 
upon which you load the individual shipper's shipment.
    (9) The terms and conditions for payment of the total charges, 
including notice of any minimum charges.
    (10) The maximum amount you will demand at the time of delivery to 
obtain possession of the shipment, when you transport under a collect-
on-delivery basis.
    (11) The Surface Transportation Board's required released rates 
valuation statement, and the charges, if any, for optional valuation 
coverage (see RELEASED RATES OF MOTOR COMMON CARRIERS OF HHG, 9 I.C.C. 
2d 523 (1993)).
    (12) Evidence of any insurance coverage sold to or procured for the 
individual shipper from an independent insurer, including the amount of 
the premium for such insurance.
    (c) A copy of the bill of lading must accompany a shipment at all 
times while in your (or your agent's) possession. When you load the 
shipment upon a vehicle for transportation, the bill of lading must be 
in the possession of the driver responsible for the shipment.
    (d) You must retain bills of lading for at least one year from the 
date you created the bill of lading.

Weighing the Shipment


Sec. 375.505  Must I determine the weight of a shipment?

    (a) When you transport household goods on a non-binding estimate 
dependent upon the shipment weight, you must determine the weight of 
each shipment transported before the assessment of any charges.
    (b) You must weigh the shipment upon a certified scale.


Sec. 375.507  What is a certified scale?

    A certified scale is any scale designed for weighing motor 
vehicles, including trailers or semi-trailers not attached to a 
tractor, and certified by an authorized scale inspection and licensing 
authority (e.g., a State). A certified scale may also be a platform or 
warehouse type scale properly inspected and certified.


Sec. 375.509  How must I determine the weight of a shipment?

    (a) You must weigh the shipment by using one of the following two 
methods:
    (1) First method--origin weigh. You determine the difference 
between the tare weight of the vehicle before loading at the origin of 
the shipment and the gross weight of the same vehicle after loading the 
shipment.
    (2) Second method--back weigh. You determine the difference between 
the gross weight of the vehicle with the shipment loaded and the tare 
weight of the same vehicle after you unload the shipment.
    (b) The following three conditions must exist for both the tare and 
gross weighings:
    (1) The vehicle must have installed or loaded all pads, dollies, 
hand trucks, ramps, and other equipment required in the transportation 
of the shipment.
    (2) The driver and other persons must be off the vehicle at the 
time of either weighing.
    (3) The fuel tanks on the vehicle must be full at the time of each 
weighing, except when you use the first method--origin weigh, in 
paragraph (a)(1) of this section, where the tare weighing is the first 
weighing performed, you must refrain from adding fuel between the two 
weighings.
    (c) You may detach the trailer of a tractor-trailer vehicle 
combination from the tractor and the trailer weighed separately at each 
weighing provided the length of the scale platform is adequate to 
accommodate and support the entire trailer at one time.
    (d) You must use the net weight of shipments transported in 
containers. You must calculate the difference between the tare weight 
of the container (including all pads, blocking and bracing used in the 
transportation of the shipment) and the gross weight of the container 
with the shipment loaded in the container.


Sec. 375.511  May I use an alternative method for shipments weighing 
454 kilograms or less?

    For shipments weighing 454 kilograms or less (1,000 pounds or 
less), you may weigh the shipment upon a platform or warehouse 
certified scale before loading for transportation or after unloading.


Sec. 375.513  Must I give the individual shipper an opportunity to 
observe the weighing?

    You must give the individual shipper or any other person 
responsible for the payment of the freight charges the right to observe 
all weighings of the shipment. You must advise the individual shipper, 
or any other person entitled to observe the weighings, where and when 
each weighing will occur. You must give the person who will observe the 
weighings a reasonable opportunity to be present to observe the 
weighings.


Sec. 375.515  May an individual shipper waive his/her right to observe 
each weighing?

    An individual shipper has the privilege to waive his/her right to 
observe any weighing or reweighing. This does not affect any other 
rights of the individual shipper under this part or otherwise.


Sec. 375.517  May an individual shipper demand reweighing?

    After you inform the individual shipper of the billing weight and 
total charges and before actually beginning to unload a shipment 
weighed at origin (first method under Sec. 375.509(a)(1), the 
individual shipper may demand a reweigh. You must base your freight 
bill charges upon the reweigh weight.


Sec. 375.519  Must I obtain weight tickets?

    (a) Yes, you must obtain weight tickets whenever we require you to 
weigh the shipment in accordance with this subpart. You must obtain a 
separate weight ticket for each weighing. The weigh master must sign 
each weight ticket. Each weight ticket must contain the following six 
items:
    (1) The complete name and location of the scale.
    (2) The date of each weighing.
    (3) The identification of the weight entries as being the tare, 
gross, or net weights.
    (4) The company or carrier identification of the vehicle.
    (5) The last name of the individual shipper as it appears on the 
bill of lading.

[[Page 27145]]

    (6) The carrier's shipment registration or bill of lading number.
    (b) When both weighings are performed on the same scale, one weight 
ticket may be used to record both weighings.
    (c) As part of the file on the shipment, you must retain the 
original weight ticket or tickets relating to the determination of the 
weight of a shipment.
    (d) All freight bills you present to an individual shipper must 
include true copies of all weight tickets obtained in the determination 
of the shipment weight in order to collect any shipment charges 
dependent upon the weight transported.


Sec. 375.521  What must I do if an individual shipper wants to know the 
actual weight or charges for a shipment before I tender delivery?

    (a) You must comply with a request of an individual shipper of a 
shipment being transported on a collect-on-delivery basis who 
specifically requests notification of the actual weight or volume and 
charges on a shipment. This requirement is conditioned upon the 
individual shipper supplying you with an address or telephone number 
where the individual shipper will receive the communication. You must 
make your notification by telephone, telegram, or in person.
    (b) The individual shipper must receive your notification at least 
one full 24-hour day before any tender of the shipment for delivery, 
excluding Saturdays, Sundays and Federal holidays.
    (c) You may disregard the 24-hour notification requirement on 
shipments subject to any one of the following three conditions:
    (1) Back weigh (when you weigh an individual shipper's shipment at 
its destination).
    (2) Pickup and delivery encompassing two consecutive week days, if 
the individual shipper agrees.
    (3) Maximum payment amounts at time of delivery of 110 percent of 
the estimated charges, if the individual shipper agrees.

Subpart F--Transportation of Shipments


Sec. 375.601  Must I transport the shipment in a timely manner?

    Yes. Transportation in a timely manner is also known as 
``reasonable dispatch service.'' You must provide reasonable dispatch 
service to all individual shippers, except for transportation on the 
basis of guaranteed pickup and delivery dates.


Sec. 375.603  When must I tender a shipment for delivery?

    You must tender a shipment for delivery for an individual shipper 
on the agreed delivery date or within the period of time specified on 
the bill of lading. Upon the request or concurrence of the individual 
shipper, you may waive this requirement.


Sec. 375.605  How must I notify an individual shipper of any service 
delays?

    (a) When you are unable to perform either the pickup or delivery of 
a shipment on the dates or during the periods of time specified in the 
order for service and as soon as the delay becomes apparent to you, you 
must notify the individual shipper of the delay, at your expense, in 
one of the following three ways:
    (1) By telephone.
    (2) By telegram.
    (3) In person.
    (b) At the time you notify the individual shipper of the delay, you 
must advise the individual shipper of the dates or periods of time you 
expect to be able to pickup and/or deliver the shipment. You must 
consider the needs of the individual shipper in your advisement. You 
also must do the following six things:
    (1) If your notification of delay occurs before the pickup of the 
shipment, you must amend the order for service.
    (2) If your notification of delay occurs after you pick up the 
shipment, you or your agent must notify the individual shipper of the 
delay.
    (3) You must prepare a written record of the date, time, and manner 
of notification.
    (4) You must prepare a written record of your amended date or 
period of time for delivery.
    (5) You must retain these records as a part of your file on the 
shipment. The retention period is one year from the date of 
notification.
    (6) You must furnish a true copy to the individual shipper by first 
class mail or in person.


Sec. 375.607  What must I do if I am able to tender a shipment for 
final delivery more than 24 hours before a specified date or period of 
time?

    (a) You may ask the individual shipper to accept an early delivery 
date. If the individual shipper does not concur with your request or 
the individual shipper does not request an early delivery date, you 
may, at your discretion, place a shipment in storage under your own 
account and at your own expense in a warehouse located near the 
destination of the shipment. If you place the shipment in storage, you 
must comply with paragraph (b) of this section. You may comply with 
paragraph (c) of this section, at your discretion.
    (b) You must immediately notify the individual shipper of the name 
and address of the warehouse where you place the shipment. You must 
make and keep a record of your notification as a part of your shipment 
records. You have responsibility for the shipment under the terms and 
conditions of the bill of lading. You are responsible for the charges 
for redelivery, handling, and storage until you make final delivery.
    (c) You may limit your responsibility to the agreed delivery date 
or the first day of the period of time of delivery as specified in the 
bill of lading.


Sec. 375.609  What must I do for shippers who store household goods in 
transit?

    (a) If you are holding goods for storage-in-transit (SIT) and the 
period of time is about to expire, you must comply with this section.
    (b) You must notify the individual shipper, in writing of the 
following four items:
    (1) The date of conversion to permanent storage.
    (2) The existence of a nine-month period after the date of 
conversion to permanent storage when the individual shipper may file 
claims against you for loss or damage occurring to the goods in transit 
or during the storage-in-transit period.
    (3) The fact your liability is ending.
    (4) The fact the individual shipper's property will be subject to 
the rules, regulations, and charges of the warehouseman.
    (c) You must make this notification at least 10 days before the 
expiration date of either one of the following two periods:
    (1) The specified period of time when the goods are to be held in 
storage.
    (2) The maximum period of time provided in your tariff for storage-
in-transit.
    (d) You must notify the individual shipper by certified mail, 
return receipt requested.
    (e) If you are holding household goods in storage-in-transit for a 
period of time less than 10 days, within one day before the expiration 
date of the specified time when the goods are to be held in such 
storage, you must give notification to the individual shipper of the 
information specified in paragraph (b) of this section.
    (f) You must maintain a record of notifications as part of the 
records of the shipment.
    (g) Your failure or refusal to notify the individual shipper will 
automatically

[[Page 27146]]

effect a continuance of your carrier liability according to the 
applicable tariff provisions with respect to storage-in-transit, until 
the end of the day following the date when you actually gave notice.

Subpart G--Delivery of Shipments


Sec. 375.701  May I provide for a release of liability on my delivery 
receipt?

    (a) No. Your delivery receipt or shipping document must not contain 
any language purporting to release or discharge you or your agents from 
liability.
    (b) The delivery receipt may include a statement the property was 
received in apparent good condition except as noted on the shipping 
documents.


Sec. 375.703  What is the maximum collect-on-delivery amount I may 
demand at the time of delivery?

    (a) On a binding estimate, the maximum amount is the exact estimate 
of the charges. You may specify the form of payment acceptable to you.
    (b) On a non-binding estimate, the maximum amount is 110 percent of 
the non-binding estimate of the charges. You may specify the form of 
payment acceptable to you.


Sec. 375.705  If a shipment is transported on more than one vehicle, 
what charges may I collect at delivery?

    (a) At your discretion, you may do one of the following three 
things:
    (1) You may defer the collection of all charges until you deliver 
the entire shipment.
    (2) If you have determined the charges for the entire shipment, you 
may collect the portion of the shipment tendered for delivery. You must 
determine a percentage of the charges represented by the portion of the 
shipment tendered for delivery.
    (3) If you cannot reasonably calculate the charges for the entire 
shipment, you must determine the charges for the portion of the 
shipment being delivered. You must collect this amount. The total 
charges you assess for the transportation of the separate portions of 
the shipment must not be more than the charges due for the entire 
shipment.
    (b) In the event of the loss or destruction of any part of a 
shipment transported on more than one vehicle, you must collect the 
charges as provided in Sec. 375.707.


Sec. 375.707  If a shipment is partially lost or destroyed, what 
charges may I collect at delivery?

    (a) If a shipment is partially lost or destroyed, you may first 
collect your freight charges for the entire shipment, if you choose. If 
you do this, you must refund the portion of your published freight 
charges corresponding to the portion of the lost or destroyed shipment 
(including any charges for accessorial or terminal services), at the 
time you dispose of claims for loss, damage, or injury to the articles 
in the shipment under 49 CFR part 370.
    (b) To calculate the amount of charges applicable to the shipment 
as delivered, you must multiply the percentage corresponding to the 
delivered shipment by the total charges applicable to the shipment 
tendered by the individual shipper. The following four conditions also 
apply:
    (1) If the charges computed exceed the charges otherwise applicable 
to the shipment as delivered, the lesser of those charges must apply. 
This will apply only to the transportation of household goods and not 
to charges for other services the individual shipper ordered.
    (2) You must collect any specific valuation charge due.
    (3) You may disregard paragraph (b) of this section if loss or 
destruction was due to an act or omission of the individual shipper.
    (4) You must determine, at your own expense, the proportion of the 
shipment not lost or destroyed in transit.
    (c) The individual shipper's rights are in addition to, and not in 
lieu of, any other rights the individual shipper may have with respect 
to a shipment of household goods you or your agent(s) partially lost or 
destroyed in transit. This applies whether or not the individual 
shipper exercises its rights provided in paragraph (a) of this section.


Sec. 375.709  If a shipment is totally lost or destroyed, what charges 
may I collect at delivery?

    (a) You are forbidden from collecting, or requiring an individual 
shipper to pay, any freight charges (including any charges for 
accessorial or terminal services) when a household goods shipment is 
totally lost or destroyed in transit. The following three conditions 
also apply:
    (1) You must collect any specific valuation charge due.
    (2) You may apply paragraph (a) of this section only to the 
transportation of household goods and not to charges for other services 
the individual shipper ordered.
    (3) You may disregard paragraph (a) of this section if loss or 
destruction was due to an act or omission of the individual shipper.
    (b) The individual shipper's rights are in addition to, and not in 
lieu of, any other rights the individual shipper may have with respect 
to a shipment of household goods you or your agent(s) totally lost or 
destroyed in transit. This applies whether or not the individual 
shipper exercises its rights provided in paragraph (a) of this section.

Subpart H--Collection of Charges


Sec. 375.801  What types of charges apply to subpart H?

    (a) This subpart applies to all shipments, except as provided in 
paragraph (b) of this section.
    (b) Exception. This subpart does not apply to collect-on-delivery 
shipments subject to the 110 percent rule for non-binding estimates.


Sec. 375.803  How must I present my freight or expense bill?

    You must present your freight or expense bill in accordance with 
Sec. 377.205 of this subchapter.


Sec. 375.805  If I am forced to relinquish a collect-on-delivery 
shipment before the payment of ALL charges, how do I collect the 
balance?

    On ``collect-on-delivery'' shipments, you must present your freight 
bill for all transportation charges within seven days, measured from 
the date the shipment was delivered at its destination. This time 
period excludes Saturdays, Sundays, and Federal holidays.


Sec. 375.807  What actions may I take to collect the charges upon my 
freight bill?

    (a) You must present a freight bill within 15 days (excluding 
Saturdays, Sundays, and Federal holidays) of the date of delivery of a 
shipment at its destination.
    (b) The credit period must be seven days (excluding Saturdays, 
Sundays, and Federal holidays).
    (c) You must provide in your tariffs the following four things:
    (1) You must automatically extend the credit period to a total of 
30 calendar days for any shipper who has not paid your freight bill 
within the 7-day period.
    (2) The individual shipper will be assessed a service charge by you 
equal to one percent of the amount of the freight bill, subject to a 
$20 minimum charge, for the extension of the credit period.
    (3) You must deny credit to any shipper who fails to pay a duly 
presented freight bill within the 30-day period. You may grant credit 
to the individual shipper when the individual shipper satisfies he/she 
will promptly pay all future freight bills duly presented.
    (4) You must ensure all payments of freight bills are strictly in 
accordance

[[Page 27147]]

with the rules and regulations of this part for the settlement of your 
rates and charges.

Subpart I--Filing Annual Arbitration Reports


Sec. 375.901  What is an annual arbitration report?

    An annual arbitration report describes the results of all 
arbitrations requested and concluded in the previous calendar year.


Sec. 375.903  Who must file an annual arbitration report?

    If you pickup or deliver shipments for individual shippers during 
the calendar year, you must file an annual arbitration report.


Sec. 375.905  Where and when do I file an annual arbitration report?

    You must file an annual arbitration report on, or before, March 31 
of each year. Send the report to the following address: Annual 
Arbitration Report, Licensing and Insurance Division (HIA-30), Office 
of Motor Carrier Information Analysis, Federal Highway Administration, 
400 Virginia Avenue, S.W., Suite 600, Washington, D.C. 20024.


Sec. 375.907  How must I prepare and submit an annual arbitration 
report?

    You must include in the annual arbitration report the following 
nine items:
    (a) The total number of shipments transported for the calendar year 
covered by the report.
    (b) The total number of claims in excess of $1000.
    (c) The total number of claims of $1000 or less.
    (d) The number of requests for arbitration on claims of $1000 or 
less.
    (e) The results of those arbitrations (list claim amount and 
disposition).
    (f) The number of requests for arbitration on claims in excess of 
$1000.
    (g) The number of requests for arbitration on claims in excess of 
$1000 you accepted.
    (h) The results of the arbitrations you accepted and reported under 
paragraph (g) of this section, listing the claim amount and disposition 
of the arbitration you accepted.
    (i) An oath, completed by you. The oath must be signed by one of 
your officers (e.g., President, Vice President, Secretary/Treasurer, 
Owner, Partner). The oath must be substantially in the following form:

    Household Goods Carrier Oath (Must be Completed by a Carrier 
Official)
    I, (name and title of carrier official), certify all information 
supplied in this report is true, correct and complete to the best of 
my knowledge. Further, I certify I am qualified and authorized to 
certify the accuracy of the data. I know failing to file a complete 
and truthful report with the Federal Highway Administration could 
result in the assessment of civil penalties under 49 U.S.C. 14901 
and criminal penalties under 18 U.S.C. 1001.

Signature ____________________

Title ____________________

Date ____________________

Subpart J--Penalties


Sec. 375.1001  What penalties do we impose for violations of this part?

    (a) The penalty provisions of 49 U.S.C. Chapter 149, Civil and 
Criminal Penalties, apply to this part. These penalties do not overlap. 
The penalties are restated in this section for your convenience.
    (b) You, or an officer, employee, or agent of yours, who by any 
means tries to evade regulation provided under this part for carriers 
or brokers, are/is liable to the United States for a civil penalty of 
$200 for the first violation and at least $250 for a subsequent 
violation.
    (c) When another civil penalty is not provided under this part, if 
you violate a regulation or order under this part, you are liable to 
the United States for a civil penalty of $500 for each violation. A 
separate violation occurs each day the violation continues.
    (d) An act or omission committed by your corporation is the same as 
an act or omission by your director, officer, receiver, trustee, 
lessee, agent, or employee providing transportation or service. The 
penalties of this part apply to violations by the corporation. The 
actions and omissions of individuals acting for or employed by you are 
considered to be the actions and omissions of you as well as the 
individual, when the individual acts in the scope of his or her 
employment.
    (e) If you, as a provider of transportation of household goods, or 
a receiver or trustee of yours, fail(s) or refuse(s) to comply with any 
regulation in this part relating to protection of individual shippers, 
you, the receiver, or the trustee are/is liable to the United States 
for a civil penalty of not less than $1,000 for each violation and for 
each additional day while the violation continues.
    (f) You are liable to the United States for a civil penalty of not 
less than $2,000 for each violation, and of not less than $5,000 for 
each subsequent violation, if you knowingly engage in or knowingly 
authorize an agent or other person to do one of the following three 
things:
    (1) Falsify documents used in the transportation of household goods 
which evidence the weight of a shipment.
    (2) Charge for accessorial services you failed to perform.
    (3) Charge for accessorial services for which you are not entitled 
to be compensated because such services are not reasonably necessary in 
the safe and adequate movement of the shipment.
    (g) You are liable to the United States for a civil penalty of not 
more than $5,000, if you must make a report to us, answer a question, 
or make, prepare, or preserve a record under this part, and you or an 
officer, agent, or employee of yours, commit(s) one of the following 
seven acts:
    (1) Does not make the report.
    (2) Does not specifically, completely, and truthfully answer the 
question in 30 days from the date we require the question to be 
answered.
    (3) Does not make, prepare, or preserve the record in the form and 
manner prescribed.
    (4) Falsifies, destroys, mutilates, or changes the report or 
record.
    (5) Files a false report or record.
    (6) Makes a false or incomplete entry in the record about a 
business related fact or transaction.
    (7) Makes, prepares, or preserves a record in violation of our 
regulations or orders.
    (h) In determining and negotiating the amount of a civil penalty 
under paragraphs (e) and (g) of this section concerning transportation 
of household goods, we must take into account the following seven 
things:
    (1) The degree of your culpability.
    (2) Your prior conduct.
    (3) The degree of harm you caused an individual shipper or 
shippers.
    (4) Your ability to pay.
    (5) The effect on your ability to do business.
    (6) Whether you have adequately compensated the individual shipper 
before we began our proceeding.
    (7) Other matters as fairness may require.

Appendix A--Your Rights and Responsibilities When You Move

    You must furnish this document to prospective individual 
shippers as required by 49 CFR 375.213, or the text as it appears in 
this appendix may be reprinted in a form and manner chosen by you, 
the motor common carrier of household goods. You do not have to 
italicize titles of sections.

YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU MOVE

OMB No. 2125--____, Expires on ____, 200 ____.

Furnished By Your Mover, As Required By Federal Law.


[[Page 27148]]


    Authority: 49 U.S.C. 13501 et seq., 13704, 14104; and sec. 204, 
Pub. L. 104-88, 109 Stat. 803.

Why Was I Given This Pamphlet?

    The Federal Highway Administration's (FHWA) regulations protect 
consumers on interstate moves and define the rights and 
responsibilities of consumers and household goods carriers.
    The household goods carrier (mover) gives you this booklet to 
provide information about your rights and responsibilities as an 
individual shipper of household goods. You should talk to your mover 
if you have further questions. The mover will also furnish you with 
another booklet describing its procedure for handling your questions 
and complaints. The booklet will include a telephone number you can 
call to obtain additional information about your move.

What Is Included in This Pamphlet?

    In this pamphlet, you will find a discussion of each of these 
topics.

Subpart A--General Requirements

    Who must follow the regulations?
    What definitions are used in this pamphlet?

Subpart B--Before Requesting Services From any Mover

    What is my mover's normal liability for loss and damage when my 
mover accepts goods from me?
    What actions by me limit or reduce my mover's normal liability?
    May my mover have agents?
    What items must be in my mover's advertisements?
    How must my mover handle complaints and inquiries?
    Do I have the right to inspect my mover's tariffs (schedules of 
charges) applicable to my move?
    Must my mover have an arbitration program?
    Must my mover inform me about my rights and responsibilities 
under Federal law?
    What other information must my mover provide to me?
    How must my mover collect charges?
    May my mover collect charges upon delivery?
    May my mover extend credit to me?
    May my mover accept charge cards for my payments?

Subpart C--Service Options Provided

    What service options may my mover provide?
    If my mover sells excess liability insurance coverage, what must 
my mover do?

Subpart D--Estimating Charges

    Must my mover estimate the transportation and accessorial 
charges for my move?
    How must my mover estimate charges under the regulations?
    What payment arrangements must my mover have in place to secure 
delivery of my household goods shipment?

Subpart E--Pickup of My Shipment of Household Goods

    Must my mover write up an order for service?
    Should I or my mover write up an inventory of the shipment?
    Must my mover write up a bill of lading?
    Should I reach an agreement with my mover about pickup and 
delivery times?
    Must my mover determine the weight of my shipment?
    How must my mover determine the weight of my shipment?

Subpart F--Transportation of My Shipment

    Must my mover transport the shipment in a timely manner?
    What must my mover do if it is able to deliver my shipment more 
than 24 hours before I am able to accept delivery?
    What must my mover do for me when I store household goods in 
transit?
    What must my mover do if I want to know the actual weight or 
charges for my shipment before delivery?

Subpart G--Delivery of My Shipment

    May my mover ask me to sign a delivery receipt purporting to 
release it from liability?
    What is the maximum collect-on-delivery amount my mover may 
demand I pay at the time of delivery?
    If my shipment is transported on more than one vehicle, what 
charges may my mover collect at delivery?
    If my shipment is partially or totally lost or destroyed, what 
charges may my mover collect at delivery?
    How must my mover calculate the charges applicable to the 
shipment as delivered?

Subpart H--Collection of Charges

    Does this subpart apply to all shipments?
    How must my mover present its freight or expense bill to me?
    If I requested my mover to relinquish a collect-on-delivery 
shipment before the payment of ALL charges, how must my mover 
collect the balance?
    What actions may my mover take to collect from me the charges 
upon its freight bill?
    Do I have a right to file a claim to recover money for property 
my mover lost or damaged?

Subpart I--Reports My Mover Files With the FHWA

    What is an annual arbitration report?
    Who must file an annual arbitration report?
    Where and when does my mover file an annual arbitration report?
    What is included in my mover's annual arbitration report?
    How may I get a copy of my mover's annual arbitration report?

Subpart J--Resolving Disputes With My Mover

    What may I do to resolve disputes with my mover?

Subpart K--What Else Should I Know?

    What if I have more questions?
    What are the most important points I should remember from this 
pamphlet?

Subpart A--General Requirements

Who Must Follow the Regulations?

    The regulations inform motor common carriers engaged in the 
transportation of household goods (movers) what standards the movers 
must follow when offering services to you. You are not directly 
subject to the regulations. Your mover may be required to force you 
to pay on time, though. The regulations only apply to your mover 
when the mover transports your household goods by motor vehicle in 
interstate commerce.

What Definitions Are Used in This Pamphlet?

    Accessorial (Additional) Services--These are services such as 
packing, appliance servicing, unpacking, or piano stair carries you 
request to be performed (or are necessary because of landlord 
requirements or other special circumstances). Charges for these 
services are in addition to the transportation charges.
    Advanced Charges--These are charges for services not performed 
by the mover, but by someone else. A professional, craftsman, or 
other third party may perform these services at your request. The 
mover pays for these services and adds the charges to your bill of 
lading charges.
    Advertisement--This is any communication to the public in 
connection with an offer or sale of any interstate transportation 
service. This will include written or electronic database listings 
of your mover's name, address, and telephone number in an on-line 
database.
    Agent--A local moving company authorized to act on behalf of a 
larger, national company.
    Appliance Service--The preparation of major electrical 
appliances to make them safe for shipment.
    Bill of Lading--The receipt for your goods and the contract for 
its transportation.
    Carrier--The mover transporting your household goods.
    Certified Scale--Any scale designed for weighing motor vehicles, 
including trailers or semi-trailers not attached to a tractor, and 
certified by an authorized scale inspection and licensing authority. 
A certified scale may also be a platform or warehouse type scale 
properly inspected and certified. An on-board trailer scale is not a 
certified scale.
    C.O.D. (Cash on Delivery)--This means payment is required at the 
time of delivery at the destination residence (or warehouse) for 
transportation for you, as an individual shipper.
    Estimate, Binding--This is an agreement made in advance with 
your mover. It guarantees the total cost of the move based upon the 
quantities and services shown on the estimate.
    Estimate, Non-Binding--This is what the carrier believes the 
cost will be based upon the estimated weight of the shipment and the 
accessorial services requested. A non-binding estimate is not 
binding on the mover. The final charges will be based upon the 
actual weight of your shipment and the tariff provisions in effect.
    Expedited Service--This is an agreement with the mover to 
perform transportation by a set date in exchange for charges based 
upon a higher minimum weight.
    Flight Charge--An extra charge for carrying items up or down 
flights of stairs.
    Guaranteed Pickup and Delivery Service--An additional level of 
service featuring

[[Page 27149]]

guaranteed dates of service. Your mover will provide reimbursement 
to you for delays. This premium service is often subject to minimum 
weight requirements.
    High Value Article--These are items included in a shipment 
valued at more than $220 per kilogram ($100 per pound).
    Household goods as used in connection with transportation, means 
the personal effects or property used, or to be used, in a dwelling. 
The personal effects and property must be a part of the equipment or 
supplies of such a dwelling or similar property.
    Household Goods Agents--There are two types of household goods 
agents.
    (1) A prime agent provides a transportation service for your 
mover or on its behalf, including the selling of, or arranging for, 
a transportation service. Your mover permits or requires the agent 
to provide services under the terms of an agreement or arrangement 
with them. A prime agent does not provide services on an emergency 
or temporary basis.
    (2) An emergency or temporary agent provides origin or 
destination services on your mover's behalf, excluding the selling 
of, or arranging for, a transportation service. Your mover permits 
or requires the agent to provide such services under the terms of an 
agreement or arrangement with them. The agent performs such services 
only on an emergency or temporary basis.
    Inventory--The detailed descriptive list of your household goods 
showing the number and condition of each item.
    Linehaul Charges--The charges of the vehicle transportation 
portion of your move. These charges apply in addition to the 
accessorial service charges.
    Long Carry--An added charge for carrying articles excessive 
distances between the mover's vehicle and your residence.
    May--An option. You or your mover may do something, but it is 
not a requirement.
    Mover--A motor common carrier engaged in the transportation of 
household goods and its household goods agents.
    Must--A legal obligation. You or your mover must do something.
    Order for Service--The document authorizing the mover to 
transport your household goods.
    Order (Bill of Lading) Number--The number used to identify and 
track your shipment.
    Peak Season Rates--Higher linehaul charges applicable during the 
summer months.
    Pickup and Delivery Charges--Separate transportation charges 
applicable for transporting your shipment between the storage-in-
transit warehouse and your residence.
    Reasonable Dispatch--The performance of transportation on the 
dates, or during the period of time, agreed upon by you and your 
mover and shown on the Order For Service/Bill of Lading. For 
example, if your mover deliberately withholds any shipment from 
delivery after you offer to pay the binding estimate or 110 percent 
of a non-binding estimate, your mover has not transported the goods 
with reasonable dispatch. The term ``reasonable dispatch'' excludes 
transportation provided under your mover's tariff provisions 
requiring guaranteed service dates. Your mover will have the 
defenses of force majeure, i.e., superior or irresistible force, as 
construed by the courts. ``Force majeure'' in this context, means a 
defense protecting the parties in the event that a part of the 
contract cannot be performed due to causes which are outside the 
control of the parties and could not be avoided by exercise of due 
care
    Should--A recommendation. We recommend you or your mover do 
something, but it is not a requirement.
    Shuttle Service--The use of a smaller vehicle to provide service 
to residences not accessible to the mover's normal linehaul 
vehicles.
    Storage-In-Transit (SIT)--The temporary warehouse storage of 
your shipment pending further transportation. For example, you may 
incur these charges if your new home is not quite ready to occupy. 
You must specifically request SIT service. This may not exceed a 
total of 180 days of storage. You will be responsible for the added 
charges for SIT service, as well as the warehouse handling and final 
delivery charges.
    Tariff--A schedule of rates or charges.
    Transportation of Household Goods--This means either one of the 
following two things:
    (1) You arrange and pay for transportation of household goods. 
This may include transportation from a factory or store, when you 
purchase the household goods with the intent to use the goods in 
your own dwelling.
    (2) Another party arranges and pays for the transportation of 
your household goods.
    Valuation--The degree of ``worth'' of the shipment. The 
valuation charge compensates the mover for assuming a greater degree 
of liability than is provided for in its base transportation 
charges.
    Warehouse Handling--An additional charge applicable each time 
SIT service is provided. This charge compensates the mover for the 
physical placement and removal of items within the warehouse.
    We, Us, and Our--The Federal Highway Administration (FHWA).
    You and Your--You are an individual shipper of household goods. 
You are a consignor or consignee of a household goods shipment and 
your mover identifies you as such in the bill of lading contract. 
You own the goods being transported.
    Where may other terms used in this pamphlet be defined? You may 
find other terms used in this pamphlet defined in 49 U.S.C. 13102. 
The definitions in this statute control. If terms are used in this 
pamphlet and the terms are neither defined here nor in 49 U.S.C. 
13102, the terms will have the ordinary practical meaning of such 
terms.

Subpart B--Before Requesting Services From Any Mover

What is my mover's normal liability for loss and damage when my 
mover accepts goods from me?

    In general, your mover is legally liable for loss or damage if 
it happens during performance of any of these services identified on 
your mover's lawful bill of lading:
    (1) Transportation of household goods.
    (2) Storage-in-transit of household goods, including incidental 
pickup or delivery service.
    (3) Servicing of an appliance or other article, if your mover or 
its agent performs the servicing.
    Your mover is liable for loss of, or damage to, any household 
goods to the extent provided in the current Surface Transportation 
Board's Released Rates Order. Your mover may have additional 
liability if your mover sells excess liability insurance to you.
    All moving companies are required to assume liability for the 
value of the goods transported. However, there are different levels 
of liability, and you should be aware of the amount of protection 
provided and the charges for each option.
    Basically, most movers offer four different levels of liability 
(options 1 through 4, below) under the terms of their tariffs and 
pursuant to the Surface Transportation Board's Released Rates 
Orders. These orders govern the moving industry.

Option 1: Released Value

    This is the most economical protection option available. This 
no-additional cost option provides minimal protection. Under this 
option, the mover assumes liability for no more than $1.32 cents per 
kilogram (60 cents per pound), per article. Loss or damage claims 
are settled based upon the kilogram (or pound) weight of the article 
multiplied by $1.32 cents per kilogram (60 cents per pound). For 
example, if your mover lost or destroyed a 4.54 kilogram (10 pound) 
stereo component valued at $1000, your mover would be liable for no 
more than $6.00. Obviously, you should think carefully before 
agreeing to such an arrangement. There is no extra charge for this 
minimal protection, but you must sign a specific statement on the 
bill of lading agreeing to it.

Option 2: Declared Value

    Under this option, the valuation of your shipment is based upon 
the total weight of the shipment times $2.75 per kilogram ($1.25 per 
pound). For example, a 1,814.4 kilogram (4,000 pound) shipment would 
have a maximum liability value of $5,000. Any loss or damage claim 
under this option is settled based upon the depreciated value of the 
lost or damaged item(s) up to the maximum liability value based upon 
the weight of the entire shipment. Under this option, if you shipped 
a 4.54 kilogram (10 pound) stereo component originally costing 
$1000, your mover would be liable for up to $1000, based upon the 
depreciated value of the item.
    Unless you specifically agree to other arrangements, the mover 
must assume liability for the entire shipment based upon this 
option. Also, the mover is entitled to charge you $7.00 for each 
$1000 (or fraction thereof) of liability assumed for shipments 
transported under this option. In the example above, the valuation 
charge for a shipment valued at $5,000 would be $35.00. Under this 
option, your shipment is protected based upon its depreciated value, 
and the law allows your mover to charge you a fee for this extra 
protection.

[[Page 27150]]

Option 3: Lump Sum Value

    Under this option, similar to Option 2, if the value of your 
shipment exceeds $2.75 per kilogram ($1.25 per pound) times the 
weight of the shipment, you may obtain additional liability 
protection from your mover. You do this by declaring a specific 
dollar value for your shipment. The amount you declare must exceed 
$2.75 per kilogram ($1.25 per pound) times the weight of the 
shipment. The amount of value you declare is subject to the same 
valuation charge ($7.00 per $1000) as described in Option 2. For 
example, if you declare your 1,814.4 kilogram (4,000 pound) shipment 
is worth $10,000 (instead of the $5,000 under Option 2), the mover 
will charge you $7.00 for each $1000 of declared value, or $70.00 
for this increased level of liability. If you ship unusually 
expensive articles, you may wish to declare this extra value. You 
must make this declaration in writing on the bill of lading.

Option 4: Full Value Protection

    Many movers offer a fourth level of added-value protection, 
often referred to as ``full value protection'' or ``full replacement 
value.'' If you elect to purchase full value protection, when your 
mover loses, damages or destroys your articles, your mover must 
repair, replace with like items, or settle in cash at the current 
market replacement value, regardless of the age of the lost or 
damaged item. Unlike the other options, depreciation of the lost or 
damaged item is not a factor in determining replacement value when 
the shipment is moved under full value protection.
    The cost for full value protection is approximately $8.50 per 
$1000 of declared value; however, your minimum value declared must 
be equal to the weight of the shipment multiplied by $7.70 per 
kilogram ($3.50 per pound). This is further subject to a minimum 
declaration of $21,000. For example, if your shipment weighs 2,268 
kilograms (5,000 pounds), the minimum declared value must be at 
least $21,000. The exact cost for full value protection may vary by 
mover and may be further subject to various deductible levels of 
liability. These liability levels may reduce your cost. Ask your 
mover for the details of its specific plan.
* * * * *
    Under these four options, movers are permitted to limit their 
liability for loss or damage to articles of extraordinary value, 
unless you specifically list these articles on the shipping 
documents. An article of extraordinary value is any item whose value 
exceeds $220 per kilogram ($100 per pound). Ask your mover for a 
complete explanation of this limitation before your move. It is your 
responsibility to study this provision carefully and to make the 
necessary declaration.
    These optional levels of liability are not insurance agreements 
governed by State insurance laws, but instead are authorized under 
Released Rates Orders of the Surface Transportation Board of the 
U.S. Department of Transportation.
    In addition to these options, some movers may also offer to 
sell, or procure for you, separate liability insurance from a third-
party insurance company when you release your shipment for 
transportation at the minimum released value of $1.32 per kilogram 
(60 cents per pound) per article (Option 1). This is not valuation 
coverage governed by Federal law, but optional insurance regulated 
under State law. If you purchase this separate coverage, in the 
event of loss or damage being the mover's responsibility, the mover 
is liable only for an amount not exceeding $1.32 per kilogram (60 
cents per pound) per article, and the balance of the loss is 
recoverable from the insurance company up to the amount of insurance 
purchased. The mover's representative can advise you of the 
availability of such liability insurance and the cost.
    If you purchase liability insurance from or through your mover, 
the mover is required to issue a policy or other written record of 
the purchase and to provide you with a copy of the policy or other 
document at the time of purchase. If the mover fails to comply with 
this requirement, the mover becomes fully liable for any claim for 
loss or damage attributed to its negligence.

What actions by me limit or reduce my mover's normal liability?

    Your actions may limit or reduce your mover's normal liability, 
under the following three circumstances:
    (1) You include perishable household goods without your mover's 
knowledge.
    (2) You ship household goods valued at more than $1.32 per 
kilogram (60 cents per pound) per article.
    (3) You fail to notify your mover in writing of articles valued 
at more than $220 per kilogram ($100 per pound).
    In such cases, you will be entitled to full recovery up to the 
declared value of the article or articles, not to exceed the 
declared value of the entire shipment.

May my mover have agents?

    Yes, your mover may have agents. If your mover has agents, your 
mover must have written agreements with its prime agents. Your mover 
and its retained prime agent must sign their agreements. Copies of 
all your mover's prime agent agreements must be in its files for a 
period of at least 24 months following the date of termination of 
each agreement.

What items must be in my mover's advertisements?

    Your mover must publish and use only truthful, straightforward, 
and honest advertisements. Your mover must include certain 
information in all advertisements for all services (including any 
accessorial services incidental to or part of interstate 
transportation). Your mover must require each of its agents to 
include the same information in its advertisements. The information 
must include the following two pieces of information about your 
mover:
    (1) Name or trade name of the company or individual, under whose 
U.S. DOT number the advertised service will originate.
    (2) U.S. DOT number, assigned by the FHWA authorizing your mover 
to operate. Your mover must display the information as: USDOT No. 
(assigned number.)

How must my mover handle complaints and inquiries?

    All movers are expected to respond promptly to complaints or 
inquiries from you, its customer. Should you have a complaint or 
question about your move, you should first attempt to obtain a 
satisfactory response from the mover's local agent, the sales 
representative who handled the arrangements for your move, or the 
driver assigned to your shipment.
    If for any reason you are unable to obtain a satisfactory 
response from one of these persons, you should then contact the 
mover's principal office. When you make such a call, be sure to have 
available your copies of all the documents relating to your move. 
Particularly important is the number assigned to your shipment by 
your mover.
    Interstate movers are also required to offer neutral arbitration 
as a means of resolving consumer disputes. Your mover is required to 
provide you with information regarding its arbitration program.
    All interstate moving companies are required to maintain a 
complaint and inquiry procedure to assist their customers. At the 
time you make the arrangements for your move, you should ask the 
mover's representative for a description of the mover's procedure, 
the telephone number to be used to contact the carrier, and whether 
the mover will pay for such telephone calls. Your mover's procedure 
must include the following four things:
    (1) A communications system allowing you to communicate with 
your mover's principal place of business by telephone.
    (2) A telephone number.
    (3) A clear and concise statement about who must pay for 
complaint and inquiry telephone calls.
    (4) A written or electronic record system for recording all 
inquiries and complaints received from you by any means of 
communication. Your mover must give you a clear and concise written 
description of its procedure.

Do I have the right to inspect my mover's tariffs (schedules of 
charges) applicable to my move?

    The Surface Transportation Board, another Federal agency, 
requires your mover to advise you of your right to inspect your 
mover's tariffs (its schedules of rates or charges) governing your 
shipment. Mover tariffs are made a part of the contract of carriage 
(bill of lading) between you and the mover. You may inspect the 
tariff at the mover's facility, or, upon request, the mover will 
furnish you a free copy of any tariff provision containing the 
mover's rates, rules, or charges governing your shipment. The terms 
of the tariff cannot be changed.
    Tariffs may include provisions limiting the mover's liability. 
This would generally be described in a section on declaring value on 
the bill of lading. A second tariff may set the time periods for 
filing claims. This would generally be described in Section 6 on the 
reverse side of a bill of lading. A third tariff may reserve your 
mover's right to assess additional charges for additional services 
performed. For non-binding estimates, another tariff may base 
charges upon the

[[Page 27151]]

exact weight of the goods transported. Your mover may have other 
tariffs, too. Please refer to your mover's tariffs for exactly what 
those might be.

Must my mover have an arbitration program?

    Your mover must have an arbitration program for your use. Your 
mover must establish and maintain an arbitration program with the 
following eleven minimum elements:
    (1) The arbitration program offered to you must prevent your 
mover from having any special advantage, because you live or work in 
a place distant from the mover's principal or other place of 
business.
    (2) Before your household goods are tendered for transport, your 
mover's arbitration program must provide notice to you of the 
availability of neutral arbitration, including the following three 
things.
    (a) A summary of the arbitration procedure.
    (b) Any applicable costs.
    (c) A disclosure of the legal effects of election to use 
arbitration.
    (3) Upon your request, your mover must provide forms and 
information necessary for initiating an action to resolve a dispute 
under arbitration.
    (4) Each person authorized to arbitrate must be independent of 
the parties to the dispute and capable of resolving such disputes, 
and your mover must ensure the arbitrator is authorized and able to 
obtain from you or your mover any material or relevant information 
to carry out a fair and expeditious decision making process.
    (5) You must not be required to pay more than one-half of the 
arbitration's cost. If the arbitrator makes a determination as to 
the percentage of payment of the costs for each party in the 
arbitration decision, the arbitrator will maintain this right.
    (6) Your mover must refrain from requiring you to agree to use 
arbitration before a dispute arises.
    (7) Arbitration is binding for claims of $1000 or less, if you 
request arbitration.
    (8) Arbitration is binding for claims of more than $1000, only 
if you request arbitration and your mover agrees to it.
    (9) If all parties agree, the arbitrator may provide for an oral 
presentation of a dispute by a party or representative of a party.
    (10) The arbitrator must render a decision within 60 days of 
receipt of written notification of the dispute, and a decision by an 
arbitrator may include any remedies appropriate under the 
circumstances.
    (11) The 60-day period may be extended for a reasonable period 
if you or your mover fail to provide information in a timely manner.
    Your mover must produce and distribute a concise, easy-to-read, 
accurate summary of its arbitration program.

Must my mover inform me about my rights and responsibilities under 
Federal law?

    Yes, your mover must inform you about your rights and 
responsibilities under Federal law. Your mover must produce and 
distribute this document. It is the text and in the general order of 
appendix A to 49 CFR Part 375.

What other information must my mover provide to me?

    Before your mover executes an order for service for a shipment 
of household goods, your mover must furnish to you the following 
three documents:
    (1) The contents of appendix A, ``Your Rights and 
Responsibilities When You Move,'' this pamphlet.
    (2) A concise, easy-to-read, accurate summary of your mover's 
arbitration program.
    (3) A concise, easy to read, accurate summary of your mover's 
customer complaint and inquiry handling procedures. Included in this 
summary must be the following two items:
    (a) The main telephone number you may use to communicate with 
your mover.
    (b) A clear and concise statement concerning who must pay for 
telephone calls.
    Your mover may, at its discretion, provide additional 
information to you.

How must my mover collect charges?

    Your mover must issue you an honest, truthful freight or expense 
bill for each shipment transported. Your mover's freight or expense 
bill must contain the following 19 items:
    (1) Name of the consignor.
    (2) Name of the consignees.
    (3) Date of the shipment.
    (4) Origin point.
    (5) Destination points.
    (6) Number of packages.
    (7) Description of freight.
    (8) The weight of the freight, if applicable to the rating of 
the freight.
    (9) The volume of the freight, if applicable to the rating of 
the freight.
    (10) The measurement of the freight, if applicable to the rating 
of the freight.
    (11) Exact rate(s) assessed.
    (12) Disclose the actual rates, charges, and allowances for the 
transportation service, when your mover electronically presents or 
transmits freight or expense bills to you.
    (13) Indicate reductions, allowances, or other adjustments may 
apply when the actual rate, charge, or allowance is dependent upon 
the performance of a service by a third party to the transportation 
arrangement (such as, tendering a volume of freight over a stated 
period of time), when your mover electronically presents or 
transmits freight or expense bills to you.
    (14) Total charges due.
    (15) The nature and amount of any special service charges.
    (16) The points where special services were rendered.
    (17) Route of movement and name of each carrier participating in 
the transportation.
    (18) Transfer points where shipments moved.
    (19) Address where you must pay or address of bill issuer's 
principal place of business.
    Your mover must present its freight or expense bill to you 
within 15 days of the date of delivery of a shipment at its 
destination. The computation of time excludes Saturdays, Sundays, 
and Federal holidays.
    If your mover lacks sufficient information to compute its 
charges, your mover must present its freight bill for payment within 
7 days of the date when sufficient information does become 
available.

May my mover collect charges upon delivery?

    Yes. Your mover may set nondiscriminatory rules governing 
collect-on-delivery service and the collection of collect-on-
delivery funds. If you pay your mover at least 110 percent of the 
approximate costs of a non-binding estimate on a collect-on-delivery 
shipment, your mover must relinquish possession of the shipment at 
the time of delivery. Your mover may specify the form of payment 
acceptable to it.

May my mover extend credit to me?

    Your mover may relinquish possession of freight before you pay 
its tariff charges. Your mover may extend credit to you in the 
amount of the tariff charges. Your mover must ensure you will pay 
its tariff charges within the credit period. The credit period must 
begin on the day following presentation of its freight bill to you. 
Under Federal regulation, the standard credit period is 15 days, 
including Saturdays, Sundays, and Federal holidays, except your 
mover may establish its own standard credit period of up to 30 
calendar days. Your mover may also establish a service charge for 
extending credit, including a minimum service charge. Your mover's 
service charge only applies when your payments are made after its 
established standard credit period. For example, if your mover's 
established standard credit period is less than the maximum 30-
calendar-day period, your mover may extend credit including a 
service charge for the additional time up to the maximum 30-
calendar-day period. If your mover extends such credit, you may 
elect to postpone payment, including the service charge until the 
end of the extended credit period.
    Your mover may establish additional service charges for payments 
made after the expiration of the 30-calendar-day period. If your 
mover establishes additional service charges, your mover must begin 
to compute service charges on the day following the last day of its 
standard credit period. If your mover establishes service charges, 
your mover must notify you about the following three things:
    (1) The only purpose of the service charge is to prevent you 
from having free use of its funds.
    (2) The service charge encourages your prompt payment.
    (3) Your failure to pay within the credit period will require 
your mover to determine whether you will comply with the Federal 
credit regulations in good faith in the future before extending 
credit again.

May my mover accept charge cards for my payments?

    Your mover may allow you to use a charge card for the payment of 
the freight charges. Your mover may accept charge cards whenever you 
ship with it under an agreement and tariff requiring payment by 
cash, certified check, or a cashier's check (a check drawn by a 
financial institution--bank, credit union, savings & loan, etc.--
upon itself

[[Page 27152]]

and signed by an officer of the financial institution).
    If your mover allows you to pay for a freight or expense bill by 
charge card, your mover deems such a payment to be equivalent to 
payment by cash, certified check, or a cashier's check. The charge 
card plans your mover participates in must be identified in its 
tariff rules or items permitting the acceptance of the charge cards.
    If you cause a charge card issuer to reverse a charge 
transaction, your mover may consider your action tantamount to 
forcing your mover to provide an involuntary extension of its 
credit.

Subpart C--Service Options Provided

What service options may my mover provide?

    Your mover may provide any service options it chooses. It is 
customary for movers to offer several price and service options.
    The total cost of your move may increase if you want additional 
or special services. Before you agree to have your shipment moved 
under a bill of lading providing special service, you should have a 
clear understanding with your mover what the additional cost will 
be. You should always consider whether you may find other movers who 
may provide the services you require without requiring you to pay 
the additional charges.
    One service option is a SPACE RESERVATION. If you agree to have 
your shipment transported under a space reservation agreement, you 
will pay for a minimum number of cubic feet of space in the moving 
van regardless of how much space in the van your shipment actually 
occupies.
    A second option is EXPEDITED SERVICE. This aids you if you must 
have your shipments transported on or between specific dates when 
the mover could not ordinarily agree to do so in its normal 
operations.
    Another customary service option is EXCLUSIVE USE OF A VEHICLE. 
If for any reason you desire or require your shipment be moved by 
itself on the mover's truck or trailer, most movers will provide 
such service.
    Still another service option is GUARANTEED SERVICE ON OR BETWEEN 
AGREED DATES. You enter into an agreement with the mover where the 
mover provides for your shipment to be picked up, transported to 
destination, and delivered on specific guaranteed dates. If the 
mover fails to provide the service as agreed, you are entitled to be 
compensated at a predetermined amount or a daily rate (per diem) 
regardless of the expense you actually might have incurred as a 
result of the mover's failure to perform.
    Before requesting or agreeing to any of these price and service 
options, be sure to ask the mover's representatives about the final 
costs you will pay.

Transport of Shipments on Two or More Vehicles

    Although all movers try to move each shipment on one truck, it 
becomes necessary, at times, to divide a shipment among two or more 
trucks. This may occur if your mover has underestimated the cubic 
meters of space required for your shipment and it will not all fit 
on the first truck. Your mover will pick up the remainder or ``leave 
behind'' on a second truck at a later time and this part of your 
shipment may arrive at the destination at a later time than the 
first truck. When this occurs, your transportation charges will be 
determined as if the entire shipment moved on one truck.
    If it is important for you to avoid this inconvenience of a 
``leave behind,'' be sure your estimate includes an accurate 
calculation of the cubic meters required for your shipment. Ask your 
estimator to use a ``Table of Measurements'' form in making this 
calculation. Consider asking for a binding estimate. A binding 
estimate is more likely to be conservative with regard to cubic 
meters than a non-binding estimate. If the mover offers space 
reservation service, consider purchasing this service for the 
necessary amount of space plus some margin for error. In any case, 
you would be prudent to ``prioritize'' your goods in advance of the 
move so the driver will load the more essential items on the first 
truck if some are left behind.

If my mover sells excess liability insurance coverage, what must my 
mover do?

    If your mover provides the service of selling excess liability 
insurance, your mover must follow certain regulations.
    Your mover, its employees, or its agents, may sell, offer to 
sell, or procure excess liability insurance coverage for you for 
loss and damage to your shipment, if both of the following two 
things are true:
    (1) You release the shipment for transportation at a value not 
exceeding $1.32 per kilogram (60 cents per pound) per article.
    (2) You fail to declare a valuation of $2.75 or more per 
kilogram ($1.25 or more per pound) and pay, or agree to pay, your 
mover for assuming liability for your shipment equal to the declared 
value.
    Your mover may offer, sell, or procure any type of insurance 
policy covering loss or damage in excess of its specified liability.
    Your mover must issue you a policy or other appropriate evidence 
of the insurance you purchased. Your mover must provide a copy of 
the policy or other appropriate evidence to you at the time your 
mover sells or procures the insurance. Your mover must issue 
policies written in plain English.
    Your mover must clearly specify the nature and extent of 
coverage under the policy. Your mover's failure to issue you a 
policy, or other appropriate evidence of insurance you purchased, 
will subject your mover to full liability for any claims to recover 
loss or damage attributed to them.
    Your mover must provide in its tariffs for the provision of 
excess liability insurance coverage. The tariff must also provide 
for the base transportation charge, including its assumption for 
full liability for the value of the shipment. This would be in the 
event your mover fails to issue you a policy or other appropriate 
evidence of insurance at the time of purchase.

Subpart D--Estimating Charges

Must my mover estimate the transportation and accessorial charges 
for my move?

    Your mover must provide you a written estimate of all charges, 
including transportation, accessorial, and advance charges. Your 
mover's ``rate quote'' is not an estimate.
    A binding estimate is an agreement made in advance with your 
mover. It guarantees the total cost of the move based upon the 
quantities and services shown on your mover's estimate.
    A non-binding estimate is what your mover believes the total 
cost will be for the move, based upon the estimated weight of the 
shipment and the accessorial services requested. A non-binding 
estimate is not binding on the your mover. Your mover will base the 
final charges upon the actual weight of your shipment and its tariff 
provisions in effect.

How must my mover estimate charges under the regulations?

Binding Estimates

    Your mover may charge you for providing a binding estimate. The 
binding estimate must clearly describe the shipment and all services 
provided.
    When you receive a binding estimate, you cannot be required to 
pay any more than the estimated amount. However, if you have 
requested the mover provide more services than those included in the 
estimate, the mover may demand full payment for those added services 
at time of delivery. Such services might include destination charges 
often not known at origin (i.e., long carry charges, shuttle 
charges, or extra stair carry charges).
    A binding estimate must be in writing and a copy must be made 
available to you before you move.
    If you agree to a binding estimate, you are responsible for 
paying the charges due by cash, certified check, or a cashier's 
check. The charges are due your mover at the time of delivery unless 
the mover agrees, before you move, to extend credit or to accept 
payment by charge card. If you are unable to pay at the time the 
shipment is delivered, the mover may place your shipment in storage 
at your expense until you pay the charges.
    Other requirements of binding estimates include the following 
seven elements:
    (1) Your mover must retain a copy of each binding estimate as an 
addendum to the bill of lading.
    (2) Your mover must clearly indicate upon each binding 
estimate's face the estimate is binding upon you and your mover. 
Each binding estimate must also clearly indicate on its face the 
charges shown are the charges to be assessed for only those services 
specifically identified in the estimate.
    (3) Your mover must clearly describe binding estimate shipments 
and all services to be provided.
    (4) If your mover believes you are tendering additional 
household goods or are requiring additional services not identified 
in the binding estimate, your mover may not honor the binding 
estimate. However, before loading your shipment, your mover must do 
one of the following four things:

[[Page 27153]]

    (a) Reaffirm the binding estimate.
    (b) Negotiate a revised written binding estimate listing the 
additional household goods or services.
    (c) Make a new agreement with you.
    (d) Add an addendum to the contract, in writing, stating both of 
you will consider the original binding estimate as a non-binding 
estimate. You should read more below. This may seriously affect how 
much you may pay for the entire move.
    (5) Once your mover loads your shipment, your mover's failure to 
execute a new binding estimate or a non-binding estimate signifies 
it has reaffirmed the original binding estimate. Your mover may not 
collect more than the amount of the original binding estimate, 
except as provided in the next paragraph.
    (6) If you add additional services at the destination and the 
services fail to appear on your mover's estimate, your mover may 
require full payment for these additional destination services at 
the time of delivery.
    (7) Failure of your mover to relinquish possession of a shipment 
upon your offer to pay the binding estimate amount constitutes a 
failure to transport a shipment with ``reasonable dispatch'' and 
subjects your mover to cargo delay claims pursuant to 49 CFR Part 
370.

Non-Binding Estimates

    The mover is not permitted to charge you for giving a non-
binding estimate.
    A non-binding estimate is not a bid or contract. It is provided 
by the mover to give you a general idea of the cost of the move, but 
it does not bind your mover to the estimated cost. You should expect 
the final cost to be more than the estimate. The actual cost will be 
in accordance with the mover's tariffs. Your mover is legally 
obligated to collect the charges shown in its tariffs, regardless of 
what your mover writes in its non-binding estimates. The charges 
contained in its tariffs are essentially the same for the same 
weight shipment moving the same distance. If you obtain differing 
non-binding estimates from different movers, you will be obligated 
to pay only the amount specified in your mover's tariff. Therefore, 
a non-binding estimate may have no effect on the amount you will 
have to pay.
    Non-binding estimates must be in writing and clearly describe 
the shipment and all services provided. Any time a mover provides 
such an estimate, the amount of the charges estimated must be on the 
order for service and bill of lading relating to your shipment. When 
you are given a non-binding estimate, do not sign or accept the 
order for service or bill of lading unless the amount estimated is 
entered on each form when prepared by the mover.
    When you are given a non-binding estimate, the mover cannot 
require you to pay more than the amount of the estimate, plus 10 
percent, at the time of delivery. You will then have at least 30 
days after delivery to pay any remaining charges.
    If You Request The Mover To Provide More Services Than Those 
Included in The Estimate, The Mover May Demand Full Payment for 
Those Added Services at The Time of Delivery.
    Other requirements of non-binding estimates include the 
following six elements:
    (1) Your mover must provide reasonably accurate non-binding 
estimates based upon the estimated weight of the shipment and 
services required.
    (2) Your mover must explain to you all final charges on 
shipments moved upon non-binding estimates will be those appearing 
in your mover's tariffs applicable to the transportation. If your 
mover provides a non-binding estimate of approximate costs, your 
mover is not bound by such an estimate.
    (3) Your mover must furnish non-binding estimates without charge 
and in writing to you.
    (4) Your mover must retain a copy of each non-binding estimate 
as an addendum to the bill of lading.
    (5) Your mover must clearly indicate on the face of a non-
binding estimate, the estimate is not binding upon your mover and 
the charges shown are the approximate charges to be assessed for the 
services identified in the estimate.
    (6) Your mover must clearly describe on the face of a non-
binding estimates the entire shipment and all services to be 
provided.
    If your mover furnishes a non-binding estimate, your mover must 
enter the estimated charges upon the order for service and upon the 
bill of lading.
    Your mover must retain a record of all estimates of charges for 
at least one year from the date your mover made the estimate.

What payment arrangements must my mover have in place to secure 
delivery of my household goods shipment?

    You may request delivery of your shipment at any time. If you 
pay your mover at least 110 percent of the approximate costs of a 
non-binding estimate on a collect-on-delivery shipment, your mover 
must relinquish possession of the shipment at the time of delivery. 
Your mover may specify its acceptable form of payment. Your mover's 
failure to relinquish possession of a shipment upon your offer to 
pay 110 percent of the estimated charges constitutes its failure to 
transport the shipment with ``reasonable dispatch'' and subjects 
your mover to your cargo delay claims under 49 CFR Part 370.
    Your mover must defer demand for the payment of the balance of 
any remaining charges for a period of 30 days following the date of 
delivery. After this 30-day period your mover may demand payment of 
the balance of any remaining charges.

Subpart E--Pick Up of my Shipment of Household Goods

Must my mover write up an order for service?

    We require your mover to prepare an order for service on every 
shipment transported for you. You are entitled to a copy of the 
order for service when your mover prepares it.
    The order for service is not a contract. Should you cancel or 
delay your move or if you decide not to use the mover, you should 
promptly cancel the order.
    If you or your mover change any agreed dates for pick up or 
delivery of your shipment, or agree to any change in the non-binding 
estimate, your mover may prepare a written change to the order for 
service. The written change must be attached to the order for 
service.
    The order for service must contain the following ten elements:
    (1) Your mover's name and address and the U.S. DOT number 
assigned to your mover.
    (2) Your name, address and, if available, your telephone 
number(s).
    (3) The name, address, and telephone number of the delivering 
carrier's office or agent located at or nearest to the destination 
of your shipment.
    (4) A telephone number where you may contact your mover or its 
designated agent.
    (5) Dates and times. One of the following three dates and times:
    (a) The agreed pickup date and agreed delivery date of your 
move.
    (b) The agreed period or periods of time of the entire move.
    (c) If your mover is transporting the shipment on a guaranteed 
service basis, the guaranteed dates or periods of time for pickup, 
transportation, and delivery. Your mover must enter any penalty or 
per diem requirements upon the agreement under this item.
    (6) A complete description of any special or accessorial 
services ordered and minimum weight or volume charges applicable to 
the shipment.
    (7) Any identification or registration number your mover assigns 
to the shipment.
    (8) For non-binding estimated charges, your mover's best 
estimate of the amount of the charges, the method of payment of 
total charges, and the maximum amount (110 percent of the non-
binding estimate) your mover will demand at the time of delivery for 
you to obtain possession of the shipment.
    (9) For binding estimated charges, the amount of charges your 
mover will demand based upon the binding estimate and the terms of 
payment under the estimate.
    (10) An indication of whether you request notification of the 
charges before delivery. You must provide your mover with the 
telephone number(s) or address(es) where your mover will transmit 
such communications.
    You and your mover must sign the order for service. Your mover 
must provide a dated copy of the order for service to you at the 
time your mover signs the order.
    Before loading your shipment, and upon mutual agreement of both 
you and your mover, your mover may amend an order for service. Your 
mover must retain records of an order for service for at least one 
year from the date your mover wrote the order.

Should I or my mover write up an inventory of the shipment?

    Yes. You or your mover should prepare an inventory of your 
shipment before loading. If your mover's driver fails to prepare an 
inventory, you should write a detailed inventory of your shipment 
listing any damage or unusual wear to any items. The purpose is to 
make a record of the condition of each item.
    After completing the inventory, you should sign each page and 
ask the mover's driver to sign each page. Before you sign it, it is 
important you make sure the inventory lists every item in the 
shipment and the entries

[[Page 27154]]

regarding the condition of each item are correct. You have the right 
to note any disagreement. When your mover delivers the shipment, if 
an item is missing or damaged, your ability to dispute the items 
lost or damaged may depend upon your notations.
    You should retain a copy of the inventory. Your mover may keep 
the original if the driver prepared it. If your mover's driver 
completed an inventory, the mover will generally attach the complete 
inventory to the bill of lading as an addendum to the bill of 
lading.

Must my mover write up a bill of lading?

    The bill of lading is the contract between you and the mover. 
The mover is required by law to prepare a bill of lading for every 
shipment it transports. The information on a bill of lading is 
required to be the same information shown on the order for service. 
The driver who loads your shipment must give you a copy of the bill 
of lading before loading your furniture and other household goods.
    IT IS YOUR RESPONSIBILITY TO READ THE BILL OF LADING BEFORE YOU 
ACCEPT IT. It is your responsibility to understand the bill of 
lading before you sign it. If you do not agree with something on the 
bill of lading, do not sign it until you are satisfied it is 
correct.
    The bill of lading requires the mover to provide the service you 
have requested. You must pay the charges set forth in the bill of 
lading.
    THE BILL OF LADING IS AN IMPORTANT DOCUMENT. DO NOT LOSE OR 
MISPLACE YOUR COPY. Have it available until your shipment is 
delivered, all charges are paid, and all claims, if any, are 
settled.
    A bill of lading must include the following twelve elements:
    (1) Your mover's name and address, or the name and address of 
the motor carrier issuing the bill of lading.
    (2) The names and addresses of any other motor carriers, when 
known, who will participate in the transportation of the shipment.
    (3) The name, address, and telephone number of the office of the 
motor carrier you must contact in relation to the transportation of 
the shipment.
    (4) When your mover transports your shipment under a collect-on-
delivery basis, your name, address, and telephone number where the 
mover will notify you about the charges.
    (5) For non-guaranteed service, the agreed date or period of 
time for pickup of the shipment and the agreed date or period of 
time for the delivery of the shipment. The agreed dates or periods 
of time for pickup and delivery entered upon the bill of lading must 
conform to the agreed dates or periods of time for pickup and 
delivery entered upon the order for service or a proper amendment to 
the order for service.
    (6) For guaranteed service, the dates for pickup and delivery 
and any penalty or per diem entitlements due you under the 
agreement.
    (7) The actual date of pickup.
    (8) The company identification number(s) of the vehicle in which 
your mover loads your shipment.
    (9) The terms and conditions for payment of the total charges 
including notice of any minimum charges.
    (10) The maximum amount your mover will demand from you at the 
time of delivery for you to obtain possession of your shipment, when 
your mover transports under a collect-on-delivery basis.
    (11) The Surface Transportation Board's required released rates 
valuation statement, and the charges, if any, for optional valuation 
coverage.
    (12) Evidence of any insurance coverage sold to or procured for 
you from an independent insurer, including the amount of the premium 
for such insurance.
    A copy of the bill of lading must accompany your shipment at all 
times while in the possession of your mover or its agent(s). When 
your mover loads the shipment upon a vehicle for transportation, the 
bill of lading must be in the possession of the driver responsible 
for the shipment. Your mover must retain bills of lading for at 
least one year from the date your mover created the bill of lading.

Should I reach an agreement with my mover about pickup and delivery 
times?

    You and your mover should reach an agreement for pickup and 
delivery times. It is your responsibility to determine on what date, 
or between what dates, you need to have the shipment picked up and 
on what date, or between what dates, you require delivery. It is 
your mover's responsibility to tell you if it can provide service on 
or between those dates, or, if not, on what other dates it can 
provide the service.
    In the process of reaching an agreement with your mover, you may 
find it necessary to alter your moving and travel plans if no mover 
can provide service on the specific dates you desire.
    Do not agree to have your shipment picked up or delivered ``as 
soon as possible.'' The dates or periods of time you and your mover 
agree upon should be definite.
    Once an agreement is reached, your mover must enter those dates 
upon the order for service and upon the bill of lading.
    Once your goods are loaded, your mover is contractually bound to 
provide the service described in the bill of lading. Your mover's 
only defense for not providing the service on the dates called for 
is the ``Defense of Force Majeure.'' This is a legal term. It means 
when circumstances change, were not foreseen, and are beyond the 
control of your mover, preventing your mover from performing the 
service agreed to in the bill of lading, your mover is not 
responsible for damages resulting from its non-performance.

Must my mover determine the weight of my shipment?

    Generally yes. If your mover transports your household goods on 
a non-binding estimate under the mover's tariffs based upon weight, 
your mover must determine the weight of the shipment. If your mover 
provided a binding estimate and has loaded your shipment without 
claiming you have added additional items or services, the weight of 
the shipment will not affect the charges you will pay. If your mover 
is transporting your shipment based upon the volume of the shipment 
(i.e., a set number of cubic meters or yards), the weight of the 
shipment will also not affect the charges you will pay.
    Your mover must determine the weight of your shipment before 
requesting you pay for any charges dependent upon your shipment's 
weight.
    Most movers usually have a minimum weight or volume charge for 
transporting a shipment. Usually the minimum is the charge for 
transporting a shipment of at least 454 kilograms (1,000 pounds).
    If your shipment appears to weigh less than the mover's minimum 
weight, your mover must advise you on the order for service of the 
minimum cost before agreeing to transport the shipment. Should your 
mover fail to advise you of the minimum charges and your shipment is 
less than the minimum weight, your mover must base your final 
charges upon the actual weight instead of the minimum weight.

How must my mover determine the weight of my shipment?

    Your mover must weigh your shipment upon a certified scale.
    The weight of your shipment must be obtained by using one of two 
methods.
    Origin Weighing--Your mover may weigh your shipment in the city 
or area where it loads your shipment. If it elects this option, the 
driver must weigh the truck before coming to your residence. This is 
called the TARE WEIGHT. At the time of this first weighing, the 
truck may already be partially loaded with one or more other 
shipments. This will not affect the weight of your shipment. The 
truck should also contain the pads, dollies, hand-trucks, ramps, and 
other equipment normally used in the transportation of household 
goods shipments.
    After loading, the driver will weigh the truck again to obtain 
the loaded weight, called the GROSS WEIGHT. The net weight of your 
shipment is then obtained by subtracting the tare weight before 
loading from the gross weight.

GROSS WEIGHT - TARE WEIGHT BEFORE LOADING = NET WEIGHT

    DESTINATION WEIGHING--The mover is also permitted to determine 
the weight of your shipment at the destination after it delivers 
your load. The fact your mover weighs your shipment at the 
destination instead of the origin will not affect the accuracy of 
the weight of your shipment. THE MOST IMPORTANT DIFFERENCE IS YOUR 
MOVER WILL NOT DETERMINE THE EXACT CHARGES ON YOUR SHIPMENT BEFORE 
IT IS UNLOADED.
    Destination weighing is done in reverse of origin weighing. 
After arriving in the city or area where you are moving, the driver 
will weigh the truck. Your shipment will still be on the truck. Your 
mover will determine the GROSS WEIGHT before coming to your new 
residence to unload. After unloading your shipment, the driver will 
again weigh the truck to obtain the TARE WEIGHT. The net weight of 
your shipment will then be obtained by subtracting the tare weight 
after delivery from the gross weight.


[[Page 27155]]


GROSS WEIGHT - TARE WEIGHT AFTER DELIVERY = NET WEIGHT

    At the time of both weighings, your mover's truck must have 
installed or loaded all pads, dollies, hand trucks, ramps, and other 
equipment required in the transportation of your shipment. The 
driver and other persons must be off the vehicle at the time of both 
weighings. The fuel tanks on the vehicle must be full at the time of 
each weighing. In lieu of this requirement, your mover must refrain 
from adding fuel between the two weighings when the tare weighing is 
the first weighing performed.
    Your mover may detach the trailer of a tractor-trailer vehicle 
combination from the tractor and the trailer weighed separately at 
each weighing provided the length of the scale platform is adequate 
to accommodate and support the entire trailer at one time.
    Your mover may use an alternative method to weigh your shipment 
if it weighs 454 kilograms or less (1,000 pounds or less). The only 
alternative method allowed is weighing the shipment upon a platform 
or warehouse certified scale before loading your shipment for 
transportation or after unloading.
    Your mover must use the net weight of shipments transported in 
large containers, such as ocean or railroad containers. Your mover 
will calculate the difference between the tare weight of the 
container (including all pads, blocking and bracing used in the 
transportation of your shipment) and the gross weight of the 
container with your shipment loaded in the container.
    You have the right, and your mover must inform you of your 
right, to observe all weighings of your shipment. Your mover must 
advise you where and when each weighing will occur. Your mover must 
give you a reasonable opportunity to be present to observe the 
weighings.
    You may waive your right to observe any weighing or reweighing. 
This does not affect any of your other rights you have under Federal 
law.
    Your mover may request you waive your right to have a shipment 
weighed upon a certified scale. Your mover may want to weigh the 
shipment upon a trailer's on-board non-certified scale. You should 
demand your right to have a certified scale used. The use of a non-
certified scale may cause you to pay a higher final bill for your 
move, if the non-certified scale does not accurately weigh your 
shipment. Remember, certified scales are inspected and approved for 
accuracy by a government inspection or licensing agency. Non-
certified scales are not.
    Your mover must obtain a separate weight ticket for each 
weighing. The weigh master must sign each weight ticket. Each weight 
ticket must contain the following six items:
    (1) The complete name and location of the scale.
    (2) The date of each weighing.
    (3) Identification of the weight entries as being the tare, 
gross, or net weights.
    (4) The company or carrier identification of the vehicle.
    (5) Your last name as it appears on the Bill of Lading.
    (6) Your mover's shipment registration or Bill of Lading number.
    Your mover must retain the original weight ticket or tickets 
relating to the determination of the weight of your shipment as part 
of its file on your shipment.
    When both weighings are performed on the same scale, one weight 
ticket may be used to record both weighings.
    Your mover must present all freight bills with true copies of 
all weight tickets. If your mover does not present its freight bill 
with all weight tickets, your mover is in violation of Federal law.
    Before the driver actually begins unloading your shipment 
weighed at origin and after your mover informs you of the billing 
weight and total charges, you have the right to demand a reweigh of 
your shipment. If you believe the weight is not accurate, you have 
the right to request your mover reweigh your shipment before 
unloading.
    Your mover is prohibited from charging you for the reweighing. 
If the weight of your shipment at the time of the reweigh is 
different from the weight determined at origin, the mover must 
recompute the charges based upon the reweigh weight.
    Before requesting a reweigh, you may find it to your advantage 
to estimate the weight of your shipment using the following three-
step method:
    1. Count the number of items in your shipment. Usually there 
will be either 30 or 40 items listed on each page of the inventory. 
For example, if there are 30 items per page and your inventory 
consists of four complete pages and a fifth page with 15 items 
listed, the total number of items will be 135. If an automobile is 
listed on the inventory do not include this item in the count of the 
total items.
    2. Subtract the weight of any automobile included in your 
shipment from the total weight of the shipment. If the automobile 
was not weighed separately, its weight can be found on its title or 
license receipt.
    3. Divide the number of items in your shipment into the weight. 
If the average weight resulting from this exercise ranges between 16 
and 20 kilograms (35 and 45 pounds) per article, it is unlikely a 
reweigh will prove beneficial to you and could result in you paying 
higher charges.
    Experience has shown the average shipment of household goods 
will weigh about 18 kilograms (40 pounds) per item. If a shipment 
contains a large number of heavy items, such as cartons of books, 
boxes of tools or heavier than average furniture, the average weight 
per item may be 20 kilograms or more (45 pounds or more).

Subpart F--Transportation of My Shipment

Must my mover transport the shipment in a timely manner?

    Yes, your mover must transport your household goods in a timely 
manner. This is also known as ``reasonable dispatch service.'' Your 
mover must provide reasonable dispatch service to you, except for 
transportation on the basis of guaranteed pickup and delivery dates.
    When your mover is unable to perform either the pickup or 
delivery of your shipment on the dates or during the periods of time 
specified in the order for service, your mover must notify you of 
the delay by telephone, telegram or in person, at your mover's 
expense. As soon as the delay becomes apparent to your mover, it 
must give you notification it will be unable to provide the service 
specified in the terms of the order for service.
    At the time of your mover's notification of delay, it must 
advise you of the dates or periods of time it may be able to pickup 
and/or deliver the shipment. Your mover must consider your needs in 
its advisement. If its notification of delay occurs before the 
pickup of the shipment, your mover must amend the order for service. 
If your mover's notification of delay occurs after it picked up your 
shipment, your mover or its agent must notify you of the delay.
    Your mover must prepare a written record of the date, time, and 
manner of its notification. Your mover must prepare a written record 
of its amended date or period of time for delivery. Your mover must 
retain these records as a part of its file on your shipment. The 
retention period is one year from the date of notification. Your 
mover must furnish a true copy of the notification to you by first 
class mail or in person.
    Your mover must tender your shipment for delivery upon the 
agreed delivery date or within the period of time specified on the 
bill of lading. Upon your request or concurrence, your mover may 
deliver your shipment on another day.
    The establishment of a delayed pickup or delivery date does not 
relieve your mover from liability for damages resulting from your 
mover's failure to provide service as agreed. However, when your 
mover notifies you of alternate delivery dates, it is your 
responsibility to be available to accept delivery on the dates 
specified. If you are not available and are not willing to accept 
delivery, your mover has the right to place your shipment in storage 
at your expense or hold the shipment on its truck and assess 
additional charges.
    If after the pickup of your shipment, you request your mover to 
change the delivery date, most movers will agree to do so providing 
your request will not result in unreasonable delay to its equipment 
or interfere with another customer's move. However, your mover is 
under no obligation to consent to amended delivery dates. Your mover 
has the right to place your shipment in storage at your expense if 
you are unwilling or unable to accept delivery on the date agreed to 
in the bill of lading.
    If your mover fails to pick up and deliver your shipment on the 
date entered on the bill of lading and you have expenses you 
otherwise would not have had, you may be able to recover those 
expenses from your mover. This is what is called an inconvenience or 
delay claim. Should your mover refuse to honor such a claim and you 
continue to believe you are entitled to be paid damages, you may sue 
the mover. The FHWA has no authority to order the mover to pay such 
claims.
    While we hope your mover delivers your shipment in a timely 
manner, you should consider the possibility your shipment may be 
delayed and find out what payment you can expect if your mover 
delays service through its own fault before you agree with your 
mover to transport your shipment.

[[Page 27156]]

What must my mover do if it is able to deliver my shipment more 
than 24 hours before I am able to accept delivery?

    At your mover's discretion, it may place your shipment in 
storage. This will be under its own account and at its own expense 
in a warehouse located in proximity to the destination of your 
shipment. Your mover may do this if you fail to request or concur 
with an early delivery date, and your mover is able to deliver your 
shipment more than 24 hours before your specified date or the first 
day of your specified period of time.
    If your mover exercises this option, your mover must immediately 
notify you of the name and address of the warehouse where your mover 
places your shipment. Your mover must make and keep a record of its 
notification as a part of its shipment records. Your mover has full 
responsibility for the shipment under the terms and conditions of 
the bill of lading. Your mover is responsible for the charges for 
redelivery, handling, and storage until it makes final delivery. 
Your mover may limit its responsibility to the agreed delivery date 
or the first day of the period of time of delivery as specified in 
the bill of lading.

What must my mover do for me when I store household goods in 
transit?

    If you request your mover hold your household goods in storage-
in-transit (SIT) and the storage period of time is about to expire, 
your mover must notify you, in writing, about the four following 
items:
    (1) The date when storage-in-transit will convert to permanent 
storage.
    (2) The existence of a nine-month period after the date of 
conversion to permanent storage when you may file claims against 
your mover for loss or damage occurring to your goods while in 
transit or during the storage-in-transit period.
    (3) Your mover's liability will end.
    (4) Your property will be subject to the rules, regulations, and 
charges of the warehouseman.
    Your mover must make this notification at least 10 days before 
the expiration date of one of the following two periods of time:
    (1) The specified period of time when your mover is to hold your 
goods in storage.
    (2) The maximum period of time provided in its tariff for 
storage-in-transit.
    Your mover must notify you by mail.
    If your mover holds your household goods in storage-in-transit 
for a period of time less than 10 days, within one day before the 
expiration date of the specified time when your goods are to be held 
in such storage, your mover must notify you of the same information 
specified above.
    Your mover must maintain a record of all notifications to you as 
part of the records of your shipment. Your mover's failure or 
refusal to notify you will automatically effect a continuance of 
your mover's liability according to the applicable tariff provisions 
with respect to storage-in-transit, until the end of the day 
following the date when your mover actually gives you notice.

What must my mover do if I want to know the actual weight or 
charges for my shipment before delivery?

    If you request notification of the actual weight or volume and 
charges upon your shipment, your mover must comply with your request 
when it is moving your goods on a collect-on-delivery basis. This 
requirement is conditioned upon you supplying your mover with an 
address or telephone number where you will receive the 
communication. Your mover must make its notification by telephone, 
telegram, or in person.
    You must receive its notification at least one full 24-hour day 
before your mover's delivery, excluding Saturdays, Sundays and 
Federal holidays.
    Your mover may disregard this 24-hour notification requirement 
on shipments subject to one of the following three things:
    (1) Back weigh (when your mover weighs your shipment at its 
destination).
    (2) Pickup and delivery encompassing two consecutive week days, 
if you agree.
    (3) Maximum payment amounts at time of delivery of 110 percent 
of the estimated charges, if you agree.

Subpart G--Delivery of My Shipment

May my mover ask me to sign a delivery receipt purporting to 
release it from liability?

    At the time of delivery, your mover will expect you to sign a 
receipt for your shipment. You generally will sign each page of your 
mover's copy of the inventory.
    Your mover must exclude on its delivery receipt or shipping 
document any language purporting to release or discharge your mover 
or its agents from liability.
    Your mover may include a statement about your receipt of your 
property in apparent good condition, except as noted on the shipping 
documents.
    DO NOT SIGN the delivery receipt, if any language purporting to 
release or discharge your mover or its agents from liability appears 
on the delivery receipt. Strike out such language before signing or 
refuse delivery if the driver or mover refuses to provide a proper 
delivery receipt.

What is the maximum collect-on-delivery amount my mover may demand 
I pay at the time of delivery?

    On a binding estimate, the maximum amount is the exact estimate 
of the charges. Your mover may specify the form of payment 
acceptable to it (e.g., a certified check).
    On a non-binding estimate, the maximum amount is 110 percent of 
the approximate costs. Your mover may specify the form of payment 
acceptable to it (e.g., cash).

If my shipment is transported on more than one vehicle, what 
charges may my mover collect at delivery?

    Although all movers try to move each shipment on one truck, it 
becomes necessary at times to divide a shipment among two or more 
trucks. This frequently occurs when an automobile is included in the 
shipment and it is transported on a vehicle specially designed to 
transport automobiles. When this occurs your transportation charges 
are the same as if the entire shipment moved on one truck.
    If your shipment is divided for transportation on two or more 
trucks, the mover may require payment for each portion as it is 
delivered.
    Your mover may delay the collection of all the charges until the 
entire shipment is delivered, at its discretion, not yours. At the 
time you make the arrangements for your move, you should ask the 
mover about its policies in this respect.

If my shipment is partially lost or destroyed, what charges may my 
mover collect at delivery?

    Movers customarily make every effort to not lose, damage, or 
destroy your items while your shipment is in their possession for 
transportation. However, despite the precautions taken, articles are 
sometimes lost or destroyed during the move.
    In addition to any money you may recover from your mover to 
compensate for lost or destroyed articles, you may also recover the 
transportation charges represented by the portion of the shipment 
lost or destroyed.
    Your mover must require you to pay any specific valuation charge 
due. Your mover may only apply this paragraph to the transportation 
of household goods. Your mover may disregard this paragraph if loss 
or destruction was due to an act or omission by you.
    For example, if you pack a hazardous material (i.e., gasoline, 
aerosol cans, motor oil, etc.) and your shipment is partially lost 
or destroyed by fire in storage or in the mover's trailer, your 
mover may require you to pay for the full cost of transportation.
    Your mover may first collect its freight charges for the entire 
shipment, if your mover chooses. At the time your mover disposes of 
claims for loss, damage, or injury to the articles in your shipment, 
it must refund the portion of its freight charges corresponding to 
the portion of the lost or destroyed shipment (including any charges 
for accessorial or terminal services).
    Your mover is forbidden from collecting, or requiring you to 
pay, any freight charges (including any charges for accessorial or 
terminal services) when your household goods shipment is totally 
lost or destroyed in transit, unless the loss or destruction was due 
to an act or omission by you.

How must my mover calculate the charges applicable to the shipment 
as delivered?

    Your mover must multiply the percentage corresponding to the 
delivered shipment times the total charges applicable to the 
shipment tendered by you to obtain the total charges it must collect 
from you.
    If your mover's computed charges exceed the charges otherwise 
applicable to the shipment as delivered, the lesser of those charges 
must apply. This will apply only to the transportation of your 
household goods.
    Your mover must require you to pay any specific valuation charge 
due.
    Your mover may disregard this paragraph if loss or destruction 
was due to an act or omission by you. For example, you fail to 
disclose to your mover your shipment contains perishable live 
plants. Your mover

[[Page 27157]]

may disregard its loss or destruction of your plants, because you 
failed to inform your mover you were transporting live plants.
    Your mover must determine, at its own expense, the proportion of 
the shipment not lost or destroyed in transit.
    Your rights are in addition to, and not in lieu of, any other 
rights you may have with respect to your shipment of household goods 
your mover lost or destroyed, or partially lost or destroyed, in 
transit. This applies whether or not you have exercised your rights 
provided above.

Subpart H--Collection of Charges

Does this subpart apply to most shipments?

    No, this subpart does not apply to most shipments. Most movers 
perform C.O.D. service subject to the 110 percent rule for non-
binding estimates. Read and understand this subpart only if your 
mover is not providing this type of C.O.D. service subject to the 
110 percent rule for non-binding estimates.

How must my mover present its freight or expense bill to me?

    At the time for payment of transportation charges, the mover is 
required to give you a freight bill identifying the service provided 
and the charge for each service. It is customary for most movers to 
use a copy of the bill of lading as a freight bill; however, some 
movers use an entirely separate document for this purpose.
    Except in those instances where a shipment is moving on a 
binding estimate, the freight bill must specifically identify each 
service performed, the rate per unit for each service, and the total 
charges for each service. If this information is not on the freight 
bill, DO NOT accept or pay the freight bill.
    Movers customarily provide in tariffs the freight charges must 
be paid in cash, by certified check, or by a cashier's check. When 
this requirement exists, the mover will not accept personal checks. 
At the time you make arrangements for your move, you should ask your 
mover about the form of payment your mover requires.
    Some movers permit payment of freight charges by use of a charge 
card. However, do not assume your nationally recognized charge, 
credit, or debit card will be acceptable for payment. Ask your mover 
at the time you request an estimate.
    If you do not pay the transportation charges at the time of 
delivery, your mover has the right, under the bill of lading, to 
refuse to deliver your goods. The mover may place them in storage, 
at your expense, until the charges are paid. However, the mover must 
deliver your goods upon payment of 110 percent of a non-binding 
estimate.
    If, before payment of the transportation charges, you discover 
an error in the charges, you should attempt to correct the error 
with the driver, the mover's local agent, or by contacting the 
mover's main office. If an error is discovered after payment, you 
should write the mover (the address will be on the freight bill) 
explaining the error and request a refund.
    Movers customarily check all shipment files and freight bills 
after a move has been completed to make sure the charges were 
accurate. If an overcharge is found, you will be notified and a 
refund made. If an undercharge occurred, you will be billed for the 
additional charges due.
    On ``to be prepaid'' shipments, your mover must present its 
freight bill for all transportation charges within 15 days, from the 
date your mover received the shipment. This time period excludes 
Saturdays, Sundays, and Federal holidays.
    On ``collect'' shipments, your mover must present its freight 
bill for all transportation charges on the date of delivery, or, at 
its discretion, within 15 days, measured from the date the shipment 
was delivered at your destination. This time period excludes 
Saturdays, Sundays, and Federal holidays.
    Your mover's freight bills and accompanying written notices must 
state the following five items:
    (1) Penalties for late payment.
    (2) Credit time limits.
    (3) Service or finance charges.
    (4) Collection expense charges.
    (5) Discount terms.
    If your mover extends credit to you, freight bills or a separate 
written notice accompanying a freight bill or a group of freight 
bills presented at one time must state ``You may be subject to 
tariff penalties for failure to timely pay freight charges'' or a 
similar statement. Your mover must state on its freight bills or 
other notices when it expects payment, and any applicable service 
charges, collection expense charges and discount terms.
    When your mover lacks sufficient information to compute its 
tariff charges at its time of billing, your mover must present its 
freight bill for payment within seven days following the day when 
sufficient information becomes available. This time period excludes 
Saturdays, Sundays, and Federal holidays.
    Your mover must refrain from extending more credit to you, if 
you fail to furnish sufficient information to your mover. Your mover 
must have sufficient information to render a freight bill within a 
reasonable time after the shipment.
    When your mover presents freight bills by mail, it must deem the 
time of mailing to be the time of presentation of the bills. The 
term ``freight bills,'' as used in this paragraph, includes both 
paper documents and billing by use of electronic media such as 
computer tapes, disks, or the Internet when the mails (U.S. mail, e-
mail) are used to transmit them.
    When you mail acceptable checks or drafts in payment of freight 
charges, your mover must deem the act of mailing the payment within 
the credit period to be the proper collection of the tariff charges 
within the credit period for the purposes of Federal law. In the 
case of a dispute as to the date of mailing, your mover must accept 
the postmark as the date of mailing.

If I forced my mover to relinquish a collect-on-delivery shipment 
before the payment of ALL charges, how must my mover collect the 
balance?

    On ``collect-on-delivery'' shipments, your mover must present 
its freight bill for all transportation charges within seven days, 
measured from the date the shipment was delivered at your 
destination. This time period excludes Saturdays, Sundays, and 
Federal holidays.

What actions may my mover take to collect from me the charges upon 
its freight bill?

    Your mover must present a freight bill within 15 days (excluding 
Saturdays, Sundays, and Federal holidays) of the date of delivery of 
a shipment at your destination.
    The credit period must be seven days (excluding Saturdays, 
Sundays, and Federal holidays).
    Your mover must provide in its tariffs the following three 
things:
    (1) A provision automatically extending the credit period to a 
total of 30 calendar days for you if you have not paid its freight 
bill within the 7-day period.
    (2) A provision indicating you will be assessed a service charge 
by your mover equal to one percent of the amount of the freight 
bill, subject to a $20 minimum charge, for the extension of the 
credit period.
    (3) A provision your mover must deny credit to you, if you fail 
to pay a duly presented freight bill within the 30-day period. Your 
mover may grant credit to you, at its discretion, when you satisfy 
your mover's conditions you will pay all future freight bills duly 
presented. Your mover must ensure all your payments of freight bills 
are strictly in accordance with Federal rules and regulations for 
the settlement of its rates and charges.

Do I have a right to file a claim to recover money for property my 
mover lost or damaged?

    Should your move result in the loss or damage to any of your 
property, you have the right to file a claim with your mover to 
recover money for such loss or damage.
    You have nine months following either the date of delivery, or 
the date when the shipment should have been delivered, to file a 
claim. You should file a claim as soon as possible. If you fail to 
file a claim within 120 days following delivery and later bring a 
legal action against the mover to recover the damages, you may not 
be able to recover your attorney fees even though you win the court 
action.
    While the Federal Government maintains regulations governing the 
processing of loss and damage claims, it cannot resolve those 
claims. If you cannot settle a claim with the mover, you may file a 
civil action to recover your claim in court. In this connection, you 
may obtain the name and address of the mover's agent for service of 
legal process in your state by contacting the Federal Highway 
Administration.
    In addition, your mover must participate in an Arbitration 
Program. The program, described earlier in this pamphlet, provides 
you with the opportunity to settle certain types of unresolved loss 
or damage claims through a neutral arbitrator. You may find 
submitting your claim to arbitration under such a program to be a 
less expensive and more convenient way to seek recovery of your 
claim. If the mover does not provide you with information about its 
arbitration program before you move, ask the mover for the details 
of the program.

[[Page 27158]]

Subpart I--Reports My Mover Files With the FHWA

What is an annual arbitration report?

    A report describing the results of all arbitrations requested 
and concluded in the previous calendar year.

Who must file an annual arbitration report?

    If your mover picks up or delivers shipments for individual 
shippers (like you) during any calendar year, your mover must file 
an annual arbitration report.

Where and when does my mover file an annual arbitration report?

    Your mover must file an annual arbitration report with the 
Federal Highway Administration in Washington, D.C. by March 31 each 
year.

What is included in my mover's annual arbitration report?

    Your mover must include in its annual arbitration report the 
following nine things:
    (1) The total number of shipments transported for the calendar 
year covered by the report.
    (2) The total number of claims in excess of $1000.
    (3) The total number of claims of $1000 or less.
    (4) The number of requests for arbitration on claims of $1000 or 
less.
    (5) The results of those arbitrations (listing claim amount and 
disposition).
    (6) The number of requests for arbitration on claims in excess 
of $1000.
    (7) The number of requests for arbitration on claims in excess 
of $1000 your mover accepted.
    (8) The results of the arbitrations your mover accepted and 
reported listing claim amount and disposition.
    (9) An oath, completed by your mover. The oath must be signed by 
a company officer of your mover.

How may I get a copy of my mover's annual arbitration report?

    Ask your mover for a copy of its report or write to the 
following address: Licensing and Insurance Division (HIA-30), Office 
of Motor Carrier Information Analysis, Federal Highway 
Administration, 400 Virginia Avenue, SW., Suite 600, Washington, 
D.C. 20024.

Subpart J--Resolving Disputes With My Mover

What may I do to resolve disputes with my mover?

    The Federal Highway Administration does not help you settle your 
dispute with your mover.
    Generally, you must resolve your own disputes with your mover. 
You enter a contractual arrangement with your mover. You are bound 
by each of the following three things:
    (1) The terms and conditions you negotiated before your move.
    (2) The terms and conditions you accepted when you signed the 
bill of lading.
    (3) The terms and conditions you accepted when you signed for 
delivery of your goods.
    Your mover is required to offer you arbitration to settle your 
disputes with it. Otherwise, you have the right to take your mover 
to court.
    The Federal Highway Administration does not have the resources 
to seek a court injunction on your behalf to obtain your household 
goods if your mover is holding your goods ``hostage.''

Subpart K--What Else Should I Know

What if I have more questions?

    If this pamphlet does not answer all of your questions about 
your move, do not hesitate to ask your mover's representative who 
handled the arrangements for your move, the driver who transports 
your shipment, or the mover's main office for additional 
information.

What are the most important points I should remember from this 
pamphlet?

    1. Movers must give written estimates.
    2. Movers may give binding estimates.
    3. Non-binding estimates are not always accurate; actual charges 
often exceed the estimate.
    4. You should specify pickup and delivery dates in the order for 
service.
    5. The bill of lading is your contract with the mover * * *. 
READ IT CAREFULLY * * *. If you have any questions ask your mover.
    6. Be sure you understand the extent of your mover's liability 
for loss and damage.
    7. You have the right to be present each time your shipment is 
weighed.
    8. You may request a reweigh of your shipment.
    9. If you have moved on a non-binding estimate, you should have 
enough cash, a certified check, or a cashier's check to pay the 
estimated cost of your move plus 10 percent more, at the time of 
delivery.
    10. Unresolved claims for loss or damage may be submitted to 
arbitration; ask your mover for details.

PART 377--[AMENDED]

    2. The authority citation for part 377 continues to read as 
follows:

    Authority: 49 U.S.C. 13101, 13301, 13701-13702, 13706, 13707, 
and 14101; 49 CFR 1.48.


Sec. 377.215  [Amended]

    3. Section 377.215 is removed and reserved.

[FR Doc. 98-12582 Filed 5-14-98; 8:45 am]
BILLING CODE 4910-22-P