Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24431 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 19, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart S—Kentucky 

■ 2. In § 52.920(e), amend the table by 

adding a new entry for ‘‘Emissions 

Statement Requirements for the 2015 

Ozone 8-hour NAAQS’’ at the end of the 

table. 

The addition reads as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

Emissions Statement Requirements for the 2015 8- 

hour Ozone NAAQS.

Boone, Campbell, and Kenton Counties 

(partial) in Kentucky portion of Cincinnati, 

OH-KY Area, and Bullitt and Oldham 

Counties (entire) in Kentucky portion of 

Louisville, KY-IN Area.

10/15/2020 4/26/2022, [Insert citation of 

publication]. 

[FR Doc. 2022–08867 Filed 4–25–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 371 and 375 

[Docket No. FMCSA–2020–0205] 

RIN 2126–AC35 

Implementation of Household Goods 

Working Group Recommendations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends the 

Transportation of Household Goods 

regulations to incorporate 

recommendations from the Household 

Goods Consumer Protection Working 

Group (Working Group) contained in 

the Recommendations to the U.S. 

Department of Transportation to 

Improve Household Goods Consumer 

Education, Simplify and Reduce 

Paperwork, and Condense FMCSA 

Publication ESA 03005 

(Recommendations Report). The Agency 

amends the regulations to reflect those 

aspects of the Recommendations Report 

which require a rulemaking to 

implement and are within the Agency’s 

authority. The Agency is also making 

additional minor changes to the 

Transportation of Household Goods 

regulations and the Brokers of Property 

regulations which are intended to 

increase clarity and consistency. The 

updates will result in an aggregate 

reduction in costs for household goods 

motor carriers and provide clarity for 

individual shippers. 

DATES: This final rule is effective June 

27, 2022. 

The guidance documents published at 

76 FR 50537, Aug. 15, 2011, and 78 FR 

25782, May 2, 2013, are rescinded as of 

June 27, 2022. 

Comments on the information 

collection must be received on or before 

May 26, 2022. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than 

May 26, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Monique Riddick, Commercial 

Enforcement Division, Office of Safety, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

0073; Monique.riddick@dot.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is organized as follows: 

I. Availability of Rulemaking Documents 

II. Comments on the Information Collection 

III. Executive Summary 

A. Purpose of the Amendments 

B. Summary of the Major Provisions 

C. Costs and Benefits 

IV. Abbreviations 

V. Legal Basis 

VI. Discussion of Proposed Rulemaking and 

Comments 

VII. Changes from the NPRM 

VIII. Section-by-Section Analysis 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2020-0205/document and 

choose the document to review. To view 

comments, click this final rule, then 

click ‘‘Browse Comments.’’ If you do not 

have access to the internet, you may 

view the docket online by visiting 

Dockets Operations at U.S. Department 

of Transportation, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 


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1The Recommendations Report contained 19 

recommendations, but only 11 of those 

recommendations require a rulemaking. As 

discussed in the notice of proposed rulemaking 

(NPRM), FMCSA is not implementing 

recommendation 15 from the Recommendations 

Report. Recommendation 15 from the 

Recommendations Report suggested that FMCSA 

require movers to provide FMCSA publication ESA 

03005 (Ready to Move?) when the physical survey 

is either scheduled or waived by the consumer. 

FMCSA did not include that recommendation in 

the NPRM because it exceeds the Agency’s statutory 

authority (86 FR 43822, Aug. 10, 2021). 

II. Comments on the Information 

Collection 

Written comments and 

recommendations for the information 

collection discussed in this final rule 

should be sent within 30 days of 

publication to www.reginfo.gov/public/ 

do/PRAMain. Find this information 

collection by clicking the link that reads 

‘‘Currently under Review—Open for 

Public Comments’’ or by entering OMB 

control number 2126–0025 in the search 

bar and clicking on the last entry to 

reach the ‘‘comment’’ button. 

III. Executive Summary 

A. Purpose of the Amendments 

FMCSA incorporates certain 

recommendations from the Working 

Group’s Recommendations Report into 

the regulations at 49 CFR part 375 and 

makes additional minor changes to the 

regulations in 49 CFR parts 371 and 375. 

These changes will streamline 

documentation requirements, increase 

efficiency for the transportation of 

household goods by interstate 

household goods motor carriers improve 

consumer education and protection for 

individual shippers, and combat fraud. 

The Working Group was established and 

provided recommendations pursuant to 

section 5503 of the Fixing America’s 

Surface Transportation Act (FAST Act), 

Public Law 114–94, 129 Stat. 1312, 1551 

(Dec. 4, 2015). 

B. Summary of the Major Provisions 

This rule implements 10 of the 

Working Group’s 11 recommendations 

that require a rulemaking.1 These 

recommendations update a variety of 

regulatory requirements under 49 CFR 

part 375. This final rule implements the 

recommendations to revise appendix A 

to part 375 with an updated version of 

the Your Rights and Responsibilities 

When You Move booklet (Rights and 

Responsibilities) and to require motor 

carriers to provide the Rights and 

Responsibilities booklet at the same time 

as the estimate instead of at the time of 

the order for service, as previously 

required. 

This rule also implements the 

recommendation to require the 

preparation of a new binding estimate or 

new non-binding estimate when the 

individual shipper tenders additional 

items or requests additional services. 

This incorporates into the regulations 

certain provisions from the FMCSA 

guidance titled Regulatory Guidance 

Concerning Household Goods Carriers 

Requiring Shippers To Sign Blank or 

Incomplete Documents (76 FR 50537, 

Aug. 15, 2011) (2011 guidance). FMCSA 

is also incorporating other provisions 

from the 2011 guidance that clarify that 

an individual shipper may never be 

required to sign a blank document, and 

that the shipper may be required to sign 

an incomplete document only when it is 

missing certain information that cannot 

be determined before the document 

must be signed. 

The other Working Group 

recommendations being implemented in 

this final rule include: Allowing for 

virtual surveys of household goods; 

requiring motor carriers to conduct 

surveys beyond a 50-mile radius; 

removing the requirement for an order 

for service; updating the requirements 

in the bill of lading; requiring the bill of 

lading to be provided earlier in the 

moving process; replacing the 

requirement for a freight bill with an 

invoice; and requiring all motor carriers 

that have a website to display 

prominently a link to either Ready to 

Move? on the FMCSA website or to a 

true and accurate copy of Ready to 

Move? on their own websites. In 

addition to implementing the Working 

Group’s recommendations, FMCSA is 

making additional minor changes to the 

regulations in 49 CFR parts 371 and 375 

which are intended to increase clarity 

and consistency. The recommendations 

and changes made in this rulemaking 

are discussed in greater detail in the 

NPRM (86 FR 43818, Aug. 10, 2021). 

C. Costs and Benefits 

This final rule affects household 

goods motor carriers and individual 

shippers. Some provisions in this rule 

will result in costs for motor carriers 

(i.e., providing the Rights and 

Responsibilities booklet earlier in the 

process, and providing either in-person 

or virtual surveys at locations beyond 50 

miles from the motor carrier agent’s 

location), and some provisions will 

result in negative costs, or cost savings 

(i.e., allowing virtual surveys in place of 

in-person surveys, and eliminating the 

order for service document by including 

its information in the bill of lading). The 

motor carrier efficiencies discussed will 

not negatively impact shippers, as the 

services and information received today 

would not change under the final rule. 

FMCSA does not anticipate that 

shippers will incur costs as a result of 

this final rule. FMCSA estimates the 

total 10-year costs of this rule at ¥$1.6 

million (or $1.6 million in cost savings) 

discounted at 3 percent, and ¥$1.3 

million (or $1.3 million in cost savings) 

discounted at 7 percent. Expressed on 

an annualized basis, this equates to 

¥$188,000 in costs (or $188,000 in cost 

savings) at both a 3 and 7 percent 

discount rate. 

FMCSA does not expect this rule to 

impact safety. FMCSA does expect that 

it will result in benefits related to 

consumer protection and potentially 

motor carrier fuel savings. The final rule 

will result in shippers receiving 

accurate and clear information earlier in 

the process, enabling them to make 

more informed and better decisions 

regarding which household goods motor 

carrier to hire. Additionally, the final 

rule will aid in obtaining more accurate 

estimates of moving fees based on 

physical surveys for those interstate 

moves that are beyond 50 miles from a 

motor carrier agent’s location. 

IV. Abbreviations 

AMSA American Moving and Storage 

Association 

ATA American Trucking Associations 

ATRI American Transportation Research 

Institute 

CAGR Compound Average Growth rate 

CE Categorical Exclusion 

CFR Code of Federal Regulations 

DOT Department of Transportation 

E.O. Executive Order 

FAST Act Fixing America’s Surface 

Transportation Act 

FMCSA Federal Motor Carrier Safety 

Administration 

FOIA Freedom of Information Act 

FR Federal Register 

HHG Household goods 

ICC Interstate Commerce Commission 

MAP–21 Moving Ahead for Progress in the 

21st Century Act 

MCSAP Motor Carrier Safety Assistance 

Program 

NAICS North American Industry 

Classification System 

OMB Office of Management and Budget 

PIA Privacy Impact Assessment 

PII Personally Identifiable Information 

PTA Privacy Threshold Assessment 

RFA Regulatory Flexibility Act 

SAFETEA–LU Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users 

SBA Small Business Association 

SBREFA Small Business Regulatory 

Enforcement Fairness Act of 1996 

Secretary Secretary of Transportation 

STB Surface Transportation Board 

U.S.C. United States Code 

V. Legal Basis for the Rulemaking 

The purpose of this rulemaking is to 

amend in the regulations in 49 CFR 

parts 371 and 375 applicable to the 

transportation of household goods for 


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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24433 

individual shippers in interstate 

commerce. Most of the changes involve 

FMCSA’s implementation of the 

recommendations of the Working 

Group, which was established pursuant 

to section 5503 of the FAST Act, Public 

Law 114–94, 129 Stat. 1312, 1551 (Dec. 

4, 2015). Additional changes are being 

made by FMCSA to update provisions 

in part 375 and its appendix A. 

FMCSA’s authority to provide 

protection for individual shippers of 

household goods is found in several 

sections of 49 U.S.C. subtitle IV, part B. 

The sections primarily involved in this 

rulemaking are 49 U.S.C. 13704, 13707, 

and 14104. They govern guaranteed 

service and charges for transportation, 

payment of rates, and surveys, 

estimates, and weighing of shipments, 

respectively. The Secretary of 

Transportation (the Secretary) has 

specific authority to issue regulations, 

including regulations protecting 

individual shippers, in order to carry 

out 49 U.S.C. subtitle IV, part B with 

respect to the transportation of 

household goods by motor carriers (49 

U.S.C. 14104(a)). The Secretary also has 

broad authority to prescribe regulations 

to carry out 49 U.S.C. subtitle IV, part 

B. 49 U.S.C. 13301(a). This authority has 

been delegated by the Secretary to 

FMCSA (49 CFR 1.87(a)). 

VI. Discussion of Proposed Rulemaking 

and Comments 

A. Proposed Rulemaking 

On August 10, 2021, FMCSA 

published in the Federal Register 

(Docket No. FMCSA–2020–0205, 86 FR 

43814) an NPRM titled ‘‘Implementation 

of Household Goods Working Group 

Recommendations.’’ The NPRM 

proposed to revise 49 CFR part 375 to 

implement the 10 recommendations 

contained in the Recommendations 

Report that required a rulemaking and 

FMCSA had authority to implement. In 

addition to proposing to implement the 

Working Group’s recommendations, 

FMCSA proposed additional minor 

changes to the regulations which are 

intended to increase clarity and 

consistency. The proposed changes 

affected multiple sections of 49 CFR 

parts 371 and 375 and are discussed in 

detail in the NPRM (86 FR 43818). 

Issuance of the NPRM and this final 

rule satisfies the requirements of 

Section 23013 of the Infrastructure 

Investment and Jobs Act, Public Law 

117–58, 135 Stat. 429 (H.R. 3684, Nov. 

15, 2021) (IIJA). Section 23013(b) 

directed the Agency within 1 year after 

the date of enactment to ‘‘issue a notice 

of proposed rulemaking to amend, as 

the Secretary determines to be 

appropriate, regulations relating to the 

interstate transportation of household 

goods.’’ Because FMCSA issued an 

NPRM satisfying all the subsequent 

statutory requirements before the 

enactment of the IIJA, it is not necessary 

to issue a new NPRM. Section 

23013(c)(1)–(7) directed the Secretary to 

consider, in the NPRM required by 

paragraph (b), amendments to the 

regulations in 49 CFR part 375 in 

accordance with several 

recommendations set out in the statute. 

All seven of the recommendations listed 

in the statute in paragraph (c) were 

among the recommendations made by 

the Working Group’s Recommendations 

Report. They were set out in the NPRM, 

public comment was sought, and the 

agency considered the amendments 

recommended. In some cases, as 

explained in this preamble and final 

rule, the recommendations were 

appropriately modified either to 

conform to the controlling statutory 

language or for policy reasons. 

FMCSA is rescinding the guidance 

documents titled Guidance on FMCSA’s 

Publication: Your Rights and 

Responsibilities When You Move (78 FR 

25782, May 2, 2013) and Regulatory 

Guidance Concerning Household Goods 

Carriers Requiring Shippers To Sign 

Blank or Incomplete Documents (76 FR 

50537, Aug. 15, 2011) for the reasons 

discussed in the NPRM (86 FR 43818– 

19). The rescission will take effect on 

the effective date of this final rule. 

B. Comments and Responses 

FMCSA solicited comments 

concerning the NPRM for 60 days 

ending October 12, 2021. By that date, 

four comments were received from the 

following parties: American Trucking 

Associations, Inc. Moving and Storage 

Conference; International Association of 

Movers; MoveRescue/Mayflower Transit 

LLC (Mayflower)/United Van Lines LLC 

(United); and one private citizen. 

All commenters were generally 

supportive of the NPRM. 

The Moving and Storage Conference 

and MoveRescue/Mayflower/United 

stated that the Rights and 

Responsibilities booklet and appendix A 

to part 375 can be further condensed 

and streamlined to reduce the length of 

the booklet and remove information that 

is not relevant for consumers. 

MoveRescue/Mayflower/United stated 

that the proposed requirement for motor 

carriers that have a website to display 

prominently either a link to the Ready 

to Move? document on the FMCSA 

website or a true and accurate copy of 

that document on their own websites 

should also apply to brokers. 

The Moving and Storage Conference 

and MoveRescue/Mayflower/United 

stated the proposed update to the 

definition of physical survey to include 

live video surveys was too limited. 

These commenters stated that the 

Working Group did not have a 

requirement for live video in their 

recommendations to FMCSA and 

FMCSA should revise the definition to 

reflect the Working Group’s initial 

recommendation for a definition of 

visual survey and to allow for prerecorded visual surveys that allow for 

follow-up discussion between the mover 

and customer. MoveRescue/Mayflower/ 

United stated that FMCSA should add a 

definition of physical survey to 49 CFR 

371.103 that mirrors the definition in 

§ 375.103 to ensure consistency between 

the requirements for motor carriers and 

brokers. 

The Moving and Storage Conference 

and MoveRescue/Mayflower/United 

stated that FMCSA should remove the 

requirement that the bill of lading 

include information about additional 

motor carriers involved in the move. 

These commenters explained that this 

change would remove confusion about 

who is actually performing the move 

and whom to contact with complaints. 

These commenters also stated that there 

is confusion about who is a broker and 

who is a mover and that removing the 

additional motor carriers’ information 

from the bill of lading and issuing clear 

guidance on what a household goods 

broker is would eliminate this 

confusion. 

The Moving and Storage Conference 

and MoveRescue/Mayflower/United 

stated that there should be an exception 

to the requirement to provide the bill of 

lading 3 days prior to the move in a 

situation where the move is scheduled 

less than 3 days in advance. 

MoveRescue/Mayflower/United stated 

that the proposed revision to 

§ 375.403(a)(6)(ii) requiring shippers to 

‘‘maintain a record of the date, time, and 

manner that the new [binding] estimate 

was prepared’’ should also be added to 

§ 375.405(b)(7)(ii) for consistency 

between binding and nonbinding 

estimates. MoveRescue/Mayflower/ 

United also stated that §§ 375.403 and 

375.405 should be revised to distinguish 

between changes requested before 

loading commences and those requested 

after loading commences. The 

commenters questioned whether 

§ 375.403(a)(9) should be revised to 

explicitly state that its provisions apply 

after loading has commenced and if 

similar revisions should be made to 

§§ 375.403(a)(8) and 375.405(b)(9) and 

(10) to distinguish between those 

requirements necessary prior to loading 


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24434 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

and those necessary after loading 

commences. 

One private citizen stated that the 

requirement to prepare a new estimate 

every time there is a change could result 

in mistakes stemming from constant 

preparation of new documents. The 

commenter stated that allowing 

revisions on one estimate would reduce 

this risk and questioned whether there 

are policies in place to maintain 

oversight of requests for new estimates. 

MoveRescue/Mayflower/United 

questioned whether the Agency’s 

proposal to replace a freight bill with an 

invoice was inconsistent with the 

Working Group’s recommendations. 

These commenters stated that the 

requirements would be the same, and 

only the title of the document would 

change. 

MoveRescue/Mayflower/United stated 

that any remaining requirement that the 

motor carrier receive a consumer’s 

written agreement to receive electronic 

documents should be removed and 

requested that FMCSA complete a 

further review of the regulations in part 

375 to remove any additional 

requirements that prevent use of 

electronic documents. 

FMCSA Response 

The Rights and Responsibilities 

booklet and appendix A to part 375 

have already been significantly 

condensed due to the edits made in 

preparing the NPRM. Commenters 

requesting further edits to the booklet 

and appendix did not provide specific 

recommendations on how to further 

condense the material. Accordingly, 

FMCSA is not making further revisions 

to the Rights and Responsibilities 

booklet or appendix A to part 375 in 

this final rule. 

FMCSA is updating the requirements 

in 49 CFR 371.111 in response to the 

comment from MoveRescue, Mayflower, 

and United recommending that brokers 

with a website be required to display 

prominently either a link to the Ready 

to Move? document on the FMCSA 

website or a true and accurate copy of 

that document. The Agency adds a new 

paragraph (e) to § 371.111 which mirrors 

the language in § 375.213(e). This 

change ensures that individual shippers 

have the same opportunity to access to 

the Ready to Move? document through 

the websites of brokers and motor 

carriers. 

In response to commenters stating 

that the live video requirement in the 

proposed definition of physical survey 

would be too limited, FMCSA revises 

the definition in this final rule. The 

definition is revised to allow for either 

live or pre-recorded video. As discussed 

in the NPRM (86 FR 43819–21), the 

intention behind the live video 

component was to allow the individual 

shipper and motor carrier to interact 

and address any questions regarding the 

household goods to be moved in a way 

that is similar to how an in-person 

survey would be conducted. Therefore, 

any physical survey that utilizes prerecorded video should include an 

opportunity for follow-up to address 

any questions about the goods to be 

moved to ensure that the prepared 

estimate is as accurate as one that would 

be prepared following an in-person 

physical survey. FMCSA also adds a 

definition of physical survey to 

§ 371.103 referencing the definition in 

§ 375.103, in response to commenters 

stating that the definition should be 

incorporated into part 371 to ensure 

consistency between the requirements 

for motor carriers and brokers. 

Retaining the requirement for the bill 

of lading to include the information 

about additional motor carriers involved 

in the move provides the individual 

shipper with information that is 

necessary to understand which motor 

carriers are involved in the shipment of 

their household goods. This information 

also allows individual shippers to know 

the identity of the motor carrier they 

may bring a legal action against in the 

event of damage to, delay of, or loss of 

the shipment, since they may bring a 

civil suit to hold liable any motor carrier 

involved in a move that causes such 

loss, delay, or damage to the shipment 

(49 U.S.C. 14706(a)(1) and (d)). For 

these reasons, FMCSA finalizes the 

updates to the bill of lading 

requirements as proposed. 

At this time, FMCSA finds that the 

requirement to provide the bill of lading 

3 days prior to the move does not need 

an exception in a situation where the 

move is scheduled less than 3 days in 

advance. Interstate moves are very 

rarely scheduled within 3 days of the 

move date, and an exception from the 

3-day requirement may allow for bad 

faith efforts to get around the 

requirement altogether. 

FMCSA agrees with the comment that 

the language in § 375.403(a)(6)(ii) 

stating, ‘‘You should maintain a record 

of the date, time, and manner that the 

new estimate was prepared’’ should also 

be added to § 375.405(b)(7)(ii) for 

consistency between binding and 

nonbinding estimates and makes that 

change in this final rule. 

FMCSA finds that §§ 375.403 and 

375.405 are clear and do not need to be 

revised to distinguish between changes 

requested before loading commences 

and those requested after loading 

commences. Sections 375.403(a)(8) and 

(9) and 375.405(b)(9) and (10) apply to 

additional services after the bill of 

lading has been issued. 

FMCSA does not believe there is any 

increased risk of mistakes being made 

when preparing a new estimate instead 

of revising an estimate. It is still the 

responsibility of both the motor carrier 

and the individual shipper to verify that 

the new estimate is accurate before 

signing it. 

FMCSA is implementing 

recommendation 12 from the Working 

Group which requests that FMCSA 

replace the term ‘‘freight bill’’ in 49 CFR 

part 375, subpart G, with the term 

‘‘invoice.’’ The Working Group did not 

detail any other changes to the 

requirements of subpart G be made with 

respect to this recommendation. 

As stated in the NPRM (86 FR 43819), 

in a separate rulemaking FMCSA has 

already removed requirements that a 

motor carrier obtain a consumer’s 

written agreement to receive electronic 

documents. This rulemaking removes 

the remaining related requirement in 49 

CFR part 375 by no longer requiring that 

a motor carrier obtain a waiver to send 

electronic consumer protection 

documents to an individual shipper 

under § 375.213. 

VII. Changes From the NPRM 

The Agency is making four changes to 

this final rule from the NPRM, in 

response to the comments. First, the 

Agency adds a definition of physical 

survey to § 371.103, which references 

the definition in § 375.103. 

Second, the Agency adds paragraph 

(e) to § 371.111, which requires brokers 

that have a website to display 

prominently either a link to the Ready 

to Move? document on the FMCSA 

website or a true and accurate copy of 

that document on their own websites. 

Third, the Agency revises the 

definition of physical survey in 

§ 375.103 to allow for virtual surveys 

through live and pre-recorded video. 

Finally, the Agency adds ‘‘You should 

maintain a record of the date, time, and 

manner that the new estimate was 

prepared’’ to § 375.405(b)(7)(ii). 

VIII. Section-by-Section Analysis 

This section-by-section analysis 

describes the changes to the regulatory 

text in numerical order. 

A. Section 371.103 What are the 

definitions of terms used in this 

subpart? 

In this section, a definition for 

physical survey is added to reference the 

definition in § 375.103. 


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B. Section 371.111 Must I provide 

individual shippers with Federal 

consumer protection information? 

A new paragraph (e) is added, which 

requires brokers that have a website to 

display prominently either a link to the 

Ready to Move? document on the 

FMCSA website or a true and accurate 

copy of that document on their own 

websites. 

C. Section 371.113 May I provide 

individual shippers with a written 

estimate? 

Paragraph (a) of this section is revised 

to remove the requirement for 

household goods to be within 50 miles 

of the motor carrier agent’s location 

before a physical survey is required. 

D. Section 375.103 What are the 

definitions of terms used in this part? 

In this section, a definition for bill of 

lading is added to clarify the role of the 

bill of lading as both a contract and a 

receipt in the transportation of 

household goods. The definition for 

order for service is removed. A 

definition for physical survey is also 

added, which allows for virtual surveys. 

The definition for reasonable dispatch 

is revised to remove the reference to the 

order for service. The definition for 

Surface Transportation Board is 

updated to reflect that the Surface 

Transportation Board is no longer an 

agency within DOT but is instead an 

independent agency. 

E. Section 375.211 Must I have an 

arbitration program? 

In paragraph (a)(2), the term ‘‘order 

for service’’ is removed and replaced 

with ‘‘bill of lading.’’ 

F. Section 375.213 What information 

must I provide to a prospective 

individual shipper? 

In this section, the introductory text 

of paragraph (a) is revised and 

paragraphs (a)(1) and (2) are added. The 

new paragraph (a) requires both Ready 

to Move? and the Rights and 

Responsibilities booklet to be provided 

to the individual shipper along with the 

estimate. Paragraphs (a)(1) and (2) 

include a requirement for motor carriers 

providing a hyperlink for either of the 

documents to the individual shipper to 

provide a hyperlink directly to those 

documents on the FMCSA website. 

In the introductory text of paragraph 

(b), the term ‘‘order for service’’ is 

removed and replaced with ‘‘bill of 

lading’’ and the word ‘‘five’’ is removed 

and replaced with ‘‘four.’’ Paragraph 

(b)(1) is deleted and paragraphs (b)(2) 

through (5) are renumbered as 

paragraphs (b)(1) through (4). 

Paragraph (e) is redesignated as 

paragraph (f) and a new paragraph (e) is 

added, which requires motor carriers 

that have a website to display 

prominently either a link to the Ready 

to Move? document on the FMCSA 

website or a true and accurate copy of 

that document on their own websites. 

G. Section 375.215 How must I collect 

charges? 

In this section, the requirement for a 

freight or expense bill in the first 

sentence is replaced with a requirement 

for an invoice. 

H. Section 375.217 How must I collect 

charges upon delivery? 

In paragraph (b), the language 

regarding an order for service is 

removed. 

I. Section 375.221 May I use a charge 

or credit card plan for payments? 

In paragraph (c), the phrase ‘‘for a 

freight or expense bill’’ is removed and 

replaced with the phrase ‘‘an invoice.’’ 

J. Section 375.401 Must I estimate 

charges? 

In this section, the introductory text 

of paragraph (a) is revised to require a 

physical survey for all shipments unless 

waived, and to state that the only way 

to waive the physical survey of 

household goods is through a written 

agreement between an individual and a 

motor carrier. Additionally, paragraph 

(a) is further revised by redesignating 

paragraphs (a)(2)(i) through (iii) as 

paragraphs (a)(1) through (3). 

Paragraph (b) is revised by removing 

the phrase ‘‘an order for service’’ and 

replacing it with ‘‘a bill of lading.’’ In 

paragraph (f), the phrase ‘‘the order for 

service and’’ is removed in both places 

it appears. 

K. Section 375.403 How must I provide 

a binding estimate? 

In this section, paragraph (a)(1) is 

revised to reflect that 49 CFR 375.401(a) 

will allow for only one waiver 

procedure under the changes discussed 

above. Paragraphs (a)(6)(ii) and (a)(9) are 

revised to no longer allow for a revised 

binding estimate and instead require the 

preparation of a new binding estimate 

when an individual shipper tenders 

additional household goods or requires 

additional services related to the 

transportation of the household goods. 

L. Section 375.405 How must I provide 

a non-binding estimate? 

In this section, paragraph (b)(7)(ii) is 

revised to no longer allow for a revised 

non-binding estimate and instead 

requires the preparation of a new nonbinding estimate when an individual 

shipper tenders additional household 

goods or requires additional services 

related to the transportation of the 

household goods. 

In paragraph (c) the language 

regarding an order for service is 

removed. 

M. Section 375.501 Must I write up an 

order for service? 

This section is deleted in its entirety. 

N. Section 375.505 Must I write up a 

bill of lading? 

In this section, paragraph (a) is 

revised to clarify that a motor carrier 

must prepare and issue a bill of lading 

at least 3 days before receiving a 

shipment of household goods to 

transport for an individual shipper. In 

addition, the last three sentences in the 

paragraph are removed. Removing these 

sentences will delete a discussion of 

incomplete bills of lading, which will be 

addressed under paragraph (h), as well 

as a reference to an order for service. 

Paragraph (b) is revised to require a 

bill of lading to contain 17 items, 

instead of the 14 items a bill of lading 

is currently required to contain. The 

additional three items, as well as 

updates to the other items listed in 

paragraph (b)(1) through (17), 

incorporate requirements currently 

found in 49 CFR 375.501(a). 

In paragraph (d), the word ‘‘bills’’ is 

removed and replaced with ‘‘a bill of 

lading.’’ 

New paragraph (e), which mirrors 

current 49 CFR 375.501(b), is added to 

this section. 

New paragraph (f), which mirrors 

current 49 CFR 375.501(c), is added to 

this section with updates to replace all 

references to an order for service with 

language regarding a bill of lading. 

New paragraphs (g)(1) through (3) are 

added to this section. Paragraphs (g)(1) 

and (2) mirror current 49 CFR 

375.501(d)(1) and (2) with updates to 

remove the reference to an order for 

service in paragraph (g)(1) and replacing 

‘‘at origin’’ with ‘‘before the shipment is 

loaded’’ in paragraph (g)(2). Paragraph 

(g)(3) is added to state that a motor 

carrier cannot require an individual 

shipper to sign a blank document. 

A new paragraph (h) is added to this 

section to require the motor carrier to 

provide the bill of lading to the 

individual shipper at least 3 days before 

loading and provide the individual 

shipper with the opportunity to rescind 

the bill of lading without any penalty 

for a 3-day period after the individual 

shipper signs the bill of lading. 

Paragraph (h) also states that, if a new 

estimate is prepared under 


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2See 49 U.S.C. 31102(c)(2)(Q). 

3U.S. Census Bureau. 2018: ACS 5-Year Estimates 

Data Profiles. Available at: https://data.census.gov/ 

cedsci/table?d=ACS%205-Year%20Estimates%

20Data%20Profiles&table=

DP02&tid=ACSDP5Y2018.DP02&vintage=2018&

hidePreview=true (accessed Oct. 6, 2020). 

4The AMSA has become a conference of the 

ATA. ATA, AMSA Join Forces for Conference, New 

Council (Dec. 13, 2021), available at https://

www.truckinginfo.com/10123193/ata-amsa-joinforces-for-conference-new-council. 

5ATRI. An Analysis of the Operational Costs of 

Trucking: 2019 Update. October 2019. Table 10, pg. 

19. Available at: https://truckingresearch.org/wpcontent/uploads/2019/11/ATRI-Operational-Costsof-Trucking-2019-1.pdf (accessed Dec. 14, 2021). 

Source data are assumed to be presented in 2018 

dollar terms. 

§ 375.403(a)(6)(ii) or § 375.405(b)(7)(ii), 

‘‘the corresponding changes to the bill 

of lading from the new estimate do not 

require a new 3-day period as otherwise 

required in this paragraph (h).’’ 

O. Section 375.605 How must I notify 

an individual shipper of any service 

delays? 

In paragraph (a), the term ‘‘order for 

service’’ is removed and replaced with 

the term ‘‘bill of lading.’’ 

P. Section 375.801 What types of 

charges apply to subpart H? 

The heading of this section is changed 

to read ‘‘What types of charges are 

subject to this subpart?’’ to clarify that 

49 CFR 375.801 discusses which types 

of charges are subject to the 

requirements of subpart H. 

Additionally, the term ‘‘invoice’’ 

replaces the term ‘‘freight bill’’ in 

paragraph (a). 

Q. Section 375.803 How must I present 

my freight or expense bill? 

In this section, the term ‘‘invoice’’ 

replaces the term ‘‘freight bill’’ 

everywhere it appears, including in the 

section heading. The new heading reads 

‘‘How must I present my invoice?’’ 

R. Section 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? 

The term ‘‘invoice’’ replaces the term 

‘‘freight bill.’’ 

S. Section 375.807 What actions may I 

take to collect the charges upon my 

freight bill? 

In this section, the term ‘‘invoice’’ 

replaces the term ‘‘freight bill’’ 

everywhere it appears, including in the 

section heading. The new heading reads 

‘‘What actions may I take to collect the 

charges upon my invoice?’’ 

T. Appendix A to Part 375—Your Rights 

and Responsibilities When You Move 

This appendix is replaced in its 

entirety with the text of the updated 

Your Rights and Responsibilities When 

You Move booklet, which conforms with 

the other revisions to part 375 discussed 

in this proposal. 

IX. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

Under section 3(f) of E.O. 12866 (58 

FR 51735, October 4, 1993), Regulatory 

Planning and Review, as supplemented 

by E.O. 13563 (76 FR 3821, January 21, 

2011), Improving Regulation and 

Regulatory Review, this final rule does 

not require an assessment of potential 

costs and benefits under section 6(a)(3) 

of E.O. 12866. Accordingly, the Office of 

Management and Budget (OMB) has not 

reviewed it under those orders. 

Affected Entities 

This final rule affects household 

goods motor carriers covered by the 49 

CFR part 375 regulations. These 

regulations are based on the commercial 

statutes with special provisions for 

household goods carriers that authorize 

States, at their discretion, to enforce 

Federal rules, but only for interstate 

household goods transportation. The 

motor carrier safety assistance program 

(MCSAP) statutes do not require 

MCSAP grant recipients to adopt 

compatible commercial regulations for 

intrastate transportation not related to 

safety.2 Therefore, FMCSA anticipates 

that this rule will affect interstate 

household goods motor carriers, and 

does not include intrastate household 

goods motor carriers in the counts of 

affected entities. 

FMCSA obtained motor carrier count 

information from the Motor Carrier 

Management Information System, which 

includes information submitted to 

FMCSA by motor carriers the first time 

they apply for a USDOT number, and 

then biennially thereafter. The table 

below shows the counts of household 

goods motor carriers in 2019 and 

estimates of the number of carriers that 

will be affected by this rule annually 

during the analysis period of 2022 to 

2031. 

FMCSA estimated the future baseline 

number of motor carriers by developing 

a compound average growth rate 

(CAGR) using historical counts from 

2014 through 2019. There were 3,472 

active household goods motor carriers 

in 2014 and 4,297 active household 

goods motor carriers in 2019, resulting 

in a CAGR of 4.36 percent. 

This rule will also affect shippers, or 

consumers who hire household goods 

motor carriers which, as described 

below, is estimated to be 20 percent of 

all interstate moves. The U.S. Census 

Bureau estimates that approximately 7.4 

million people moved interstate during 

2018, and that the average household 

contained 2.63 people. Therefore, we 

can estimate that approximately 2.8 

million households participated in 

interstate moves during 2018 (7,443,306 

÷ 2.63 = 2,830,154).3 However, most 

interstate moves do not involve a forhire mover, and thus will not be affected 

by this rule. As discussed below, the 

American Moving and Storage 

Association (AMSA) estimated that 

approximately 20 percent of interstate 

household good moves are completed 

by for-hire movers.4

TABLE 1—INTERSTATE HOUSEHOLD

GOODS (HHG) MOTOR CARRIERS

Year 

Interstate 

HHG motor 

carriers 

2019 .......................................... 4,297 

2020 .......................................... 4,484 

2021 .......................................... 4,680 

2022 .......................................... 4,884 

2023 .......................................... 5,097 

2024 .......................................... 5,319 

2025 .......................................... 5,551 

2026 .......................................... 5,793 

2027 .......................................... 6,046 

2028 .......................................... 6,309 

2029 .......................................... 6,584 

2030 .......................................... 6,871 

2031 .......................................... 7,171 

Analysis Inputs 

Motor Carrier Profit per Hour 

Broadly speaking, the opportunity 

cost to the motor carrier (the firm) of a 

given regulatory action is the value of 

the best alternative that the firm must 

forgo in order to comply with the 

regulatory action. In this analysis, 

FMCSA follows the methodology used 

in the Entry-Level Driver Training 

rulemakings published in 2016 and 

2018 and values the change in time 

spent in nonproductive activity as the 

opportunity cost to the firm, which is 

represented by the now attainable profit, 

using three variables: The marginal cost 

of operating a CMV, an estimate of a 

typical average motor carrier profit 

margin, and the change in 

nonproductive time. 

The American Transportation 

Research Institute (ATRI) report, An 

Analysis of the Operational Costs of 

Trucking: 2019 Update, found that 

marginal operating costs were $71.78 

per hour in 2018.5 These marginal costs 


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6ATA. American Trucking Trends 2015. Page 79. 7Armstrong & Associates, Inc. Carrier 

Procurement Insights. 2009. Pages 4–5. Available at: 

https://www.3plogistics.com/product/carrierprocurement-insights-trucking-company-volumecost-and-pricing-tradeoffs-2009/ (accessed Dec. 14, 

2021). 8Transport Topics. 2014. Top 100 For-Hire 

Carriers. Available at: http://ttnews.com/top100/forhire/2014 (accessed Dec. 14, 2021). 

9Transport Topics. 2018. Top 100 For-Hire 

Carriers. Available at: https://www.ttnews.com/ 

top100/for-hire/2018 (accessed Dec. 14, 2021). 

10Forbes. Trucking Companies Hauling in Higher 

Sales. Available at: https://www.forbes.com/sites/ 

sageworks/2018/03/04/trucking-companieshauling-in-higher-sales/#40e0012f3f27 (accessed 

Nov. 19, 2018). 11Transport Topics. 2019. Top 100 For-Hire 

Carriers. Available at: https://www.ttnews.com/ 

top100/for-hire/2019 (accessed Oct. 14, 2020). 

12Transport Topics. 2020. Top 100 For-Hire 

Carriers. Available at: https://www.ttnews.com/ 

top100/for-hire/2020 (accessed Dec. 13, 2021). 

13U.S. Census Bureau. 2018: ACS 5-Year 

Estimates Data Profiles. Available at: https://

data.census.gov/cedsci/table?d=ACS%205-Year

%20Estimates%20Data%20Profiles

&table=DP02&tid=ACSDP5Y2018.DP02&

vintage=2018&hidePreview=true (accessed Oct. 6, 

2020). 

14 0.08 percent = (average households that moved 

interstate in 2018 ÷ average household that moved 

interstate in 2010)∧ (1⁄8)–1. 

15American Moving and Storage Association. 

Newsroom: About our Industry. https://

www.moving.org/newsroom/data-research/aboutour-industry/ (accessed Dec. 29, 2020). 

include vehicle-based costs (e.g., fuel 

costs, insurance premiums, etc.), and 

driver-based costs (i.e., wages and 

benefits). 

Next, the Agency estimated the profit 

margin for motor carriers. Profit is a 

function of revenue and operating 

expenses, and the American Trucking 

Associations (ATA) defines the 

operating ratio of a motor carrier as a 

measure of profitability based on 

operating expenses as a percentage of 

gross revenues.6 Armstrong & 

Associates, Inc. (2009) states that 

trucking companies that cannot 

maintain a minimum operating ratio of 

95 percent (calculated as operating costs 

÷ net revenue) will not have sufficient 

profitability to continue operations in 

the long run.7 Therefore, Armstrong & 

Associates states that trucking 

companies need a minimum profit 

margin of 5 percent of revenue to 

continue operating in the future. 

Transport Topics publishes data on the 

‘‘Top 100’’ for-hire carriers, ranked by 

revenue.8 For 2014, 39 of these Top 100 

carriers also have net income 

information reported by Transport 

Topics. FMCSA estimates that the 39 

carriers with both revenue and net 

income information have an average 

profit margin of approximately 4.3 

percent for 2014. For 2018, 33 of these 

Top 100 carriers have net income 

information reported by Transport 

Topics, with an average profit margin of 

approximately 6 percent for 2018.9 The 

higher profit margin experienced in 

2018 is reinforced by a Forbes article 

that found net profit margin for freight 

trucking companies ‘‘expanded to 6 

percent in 2018, compared with an 

annual average of between 2.5 percent 

and 4 percent each year since 2012.’’ 10

In 2019, the data provided by Transport 

Topics shows a similar pattern based on 

the 28 companies that provided net 

income information, with an average 

profit margin of 5.8 percent.11 However, 

in 2020 the 30 companies that provided 

income information had an average 

profit margin of 4.0 percent.12 Due to 

uncertainty around the impacts of the 

COVID–19 pandemic and its effect on 

trucking operations, FMCSA continues 

to assume a profit margin of 5 percent 

for motor carriers for purposes of this 

analysis. 

Using the assumed profit margin of 5 

percent for motor carriers, FMCSA 

estimated the revenue gained per hour 

for motor carriers by multiplying the 

marginal cost per hour by the profit 

margin. This calculation resulted in a 

profit per hour of $3.59. 

Number of Interstate Moves per Year 

FMCSA estimates the number of 

interstate moves by for-hire movers 

using U.S. Census Bureau data based on 

the number of people moving interstate, 

the average number of people per 

household, and an AMSA estimate of 

the number of moves that involved forhire moving services. The U.S. Census 

Bureau estimates that approximately 7.4 

million people moved interstate during 

2018, and that the average household 

contained 2.63 people. Therefore, we 

can estimate that approximately 2.8 

million households participated in 

interstate moves during 2018 (7,443,306 

÷ 2.63 = 2,830,154).13 FMCSA estimates 

the growth in interstate moves using the 

same Census data from 2010 through 

2018 and finds an annual average 

growth rate of 0.08 percent.14 AMSA 

estimated that 550,000, or 

approximately 20 percent, of the 

interstate household goods moves in 

2017 were completed by for-hire 

movers.15

Some impacts of the final rule will be 

based on the distance of the shipper’s 

location from the motor carrier. For 

instance, moves that are within 50 miles 

of the motor carrier agent’s location 

must receive a physical survey unless 

the shipper signs a waiver. The 

information collection request (ICR) 

supporting statement, published in 

November 2019, estimated that the 

motor carrier agent is within 50 miles of 

the shipper’s location for 95 percent of 

interstate moves, and beyond 50 miles 

for 5 percent of moves. The table below 

shows the number of household 

interstate moves by for-hire movers, and 

those that are within and beyond 50 

miles of the motor carrier agent’s 

location. 

TABLE 2—NUMBER OF INTERSTATE MOVES BY: HOUSEHOLDS, FOR-HIRE MOVERS, WITHIN AND BEYOND 50 MILES OF THE

MOTOR CARRIER AGENT LOCATION

Year 

Total number of 

interstate 

moves by 

households 

Number of 

household 

interstate moves 

by for-hire movers 

Number of 

interstate moves 

by for-hire movers 

within 50 miles 

Number of 

interstate moves 

by for-hire 

movers 

beyond 50 miles 

A B = A × 20% C = B × 95% D = B × 5% 

2018 ......................................................................................... 2,830,154 556,621 528,784 27,837 

2019 ......................................................................................... 2,832,418 557,066 529,207 27,859 

2020 ......................................................................................... 2,834,684 557,512 529,630 27,882 

2021 ......................................................................................... 2,836,952 557,958 530,054 27,904 

2022 ......................................................................................... 2,839,221 558,404 530,478 27,926 

2023 ......................................................................................... 2,841,493 558,851 530,902 27,949 

2024 ......................................................................................... 2,843,766 559,298 531,327 27,971 

2025 ......................................................................................... 2,846,041 559,745 531,752 27,993 

2026 ......................................................................................... 2,848,318 560,193 532,177 28,016 


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TABLE 2—NUMBER OF INTERSTATE MOVES BY: HOUSEHOLDS, FOR-HIRE MOVERS, WITHIN AND BEYOND 50 MILES OF THE

MOTOR CARRIER AGENT LOCATION—Continued 

Year 

Total number of 

interstate 

moves by 

households 

Number of 

household 

interstate moves 

by for-hire movers 

Number of 

interstate moves 

by for-hire movers 

within 50 miles 

Number of 

interstate moves 

by for-hire 

movers 

beyond 50 miles 

A B = A × 20% C = B × 95% D = B × 5% 

2027 ......................................................................................... 2,850,596 560,641 532,603 28,038 

2028 ......................................................................................... 2,852,877 561,090 533,029 28,061 

2029 ......................................................................................... 2,855,159 561,539 533,456 28,083 

2030 ......................................................................................... 2,857,443 561,988 533,882 28,106 

2031 ......................................................................................... 2,859,729 562,438 534,309 28,128 

2032 ......................................................................................... 2,862,017 562,888 534,737 28,151 

Cost Impacts 

Recommendation 5—Appendix A 

FMCSA is adopting the working 

group recommendation that would 

require the Rights and Responsibilities 

booklet to be provided earlier in the 

process—at the time the estimate is 

provided to the shipper. This document 

contains useful information to assist a 

shipper in making a determination 

regarding which household goods motor 

carrier to hire. However, requiring the 

document earlier in the process, prior to 

when a shipper has chosen a carrier, 

will result in providing an additional 

two documents per interstate move, as 

FMCSA estimates that shippers request 

an estimate from three household goods 

carriers and contract with only one. 

Therefore, while FMCSA considers it 

important to require this information 

early enough in the process for the 

information to inform the shipper’s 

decision on which household goods 

carrier to choose, the requirement will 

result in costs equal to the increase in 

the time required to print the additional 

hard copy Rights and Responsibilities 

booklets provided. 

FMCSA estimated this cost by first 

determining the increase in the number 

of hard copy Rights and Responsibilities 

booklets printed each year. This can be 

determined by subtracting the number 

of estimates provided from the number 

of orders for service provided, and 

adjusting for the preference to receive 

electronic documents. The number of 

orders for service provided is equal to 

the number of household interstate 

moves by for-hire movers from Table 2. 

The number of estimates provided is 

equal to the number of orders for service 

provided multiplied by three, 

accounting for the fact that shippers 

likely request estimates from more than 

one motor carrier. In the ICR supporting 

statement, FMCSA previously estimated 

that 40 percent of shippers prefer to 

receive information in hard copy form, 

and that 60 percent prefer to receive 

electronic information. 

As shown in columns A and B of 

Table 3 below, FMCSA multiplied the 

number of interstate moves per year by 

40 percent to estimate the number of 

hard copy Rights and Responsibilities 

booklets provided to shippers under the 

existing requirements, and multiplied 

the number of orders for service where 

hard copies are provided by three (to 

account for the assumption that 

shippers seek an estimate from three 

different household goods carriers) to 

estimate the number of hard copy Rights 

and Responsibilities booklets that will 

be provided under the final rule. The 

difference between these two variables 

(column C) represents the increase in 

the number of hard copy Rights and 

Responsibilities booklets that will be 

printed as a result of this rule. 

The ICR supporting statement 

estimated that a carrier could print 

roughly 1,600 pages per hour, and that 

each Rights and Responsibilities booklet 

consists of 25 pages. Thus, the increase 

in the number of hours needed to print 

hard copy Rights and Responsibilities 

documents is equal to the number of 

Rights and Responsibilities documents 

from Table 3, Column C, multiplied by 

25 pages per document, and divided by 

1,600 pages per hour. Column D shows 

this maximum increase in hours spent 

printing. 

The time spent printing additional 

copies of the Rights and Responsibilities 

booklet is time not spent in other 

revenue producing activities. As shown 

in Table 3, Column E, FMCSA 

quantifies this opportunity cost of time 

using the previously discussed estimate 

of the motor carrier profit per hour, 

$3.59, resulting in total 10-year costs of 

$251,000, or $218,000 discounted at 3 

percent, and $179,000 discounted at 7 

percent. On an annualized basis, the 

costs will be $26,000 discounted at 3 

percent and $26,000 discounted at 7 

percent. 

TABLE 3—RECOMMENDATION 5: MOTOR CARRIER OPPORTUNITY COST RESULTING FROM INCREASED PRINTING OF

RIGHTS AND RESPONSIBILITIES BOOKLET

Year 

Number of 

orders for 

service with 

hard copy 

YRR (c) provided 

Number of 

estimates with 

hard copy of 

YRR provided 

Maximum 

increase in 

number of 

hard copies 

provided 

Maximum 

increase in 

total hours 

spent printing 

Motor carrier 

increase in 

cost for 

hours spent 

printing 

A = Interstate 

moves by forhire movers 

× 40% 

B = A × 3 C = B¥A D = C × 25 

÷ 1600 

E = D × $3.59 

2022 ....................................................... 223,362 670,085 446,723 6,980 $25,051 

2023 ....................................................... 223,540 670,621 447,081 6,986 25,071 

2024 ....................................................... 223,719 671,158 447,438 6,991 25,092 

2025 ....................................................... 223,898 671,695 447,796 6,997 25,112 


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TABLE 3—RECOMMENDATION 5: MOTOR CARRIER OPPORTUNITY COST RESULTING FROM INCREASED PRINTING OF

RIGHTS AND RESPONSIBILITIES BOOKLET—Continued 

Year 

Number of 

orders for 

service with 

hard copy 

YRR (c) provided 

Number of 

estimates with 

hard copy of 

YRR provided 

Maximum 

increase in 

number of 

hard copies 

provided 

Maximum 

increase in 

total hours 

spent printing 

Motor carrier 

increase in 

cost for 

hours spent 

printing 

A = Interstate 

moves by forhire movers 

× 40% 

B = A × 3 C = B¥A D = C × 25 

÷ 1600 

E = D × $3.59 

2026 ....................................................... 224,077 672,232 448,155 7,002 25,132 

2027 ....................................................... 224,257 672,770 448,513 7,008 25,152 

2028 ....................................................... 224,436 673,308 448,872 7,014 25,172 

2029 ....................................................... 224,616 673,847 449,231 7,019 25,192 

2030 ....................................................... 224,795 674,386 449,590 7,025 25,212 

2031 ....................................................... 224,975 674,925 449,950 7,030 25,232 

Total 10-Year Cost ......................... .............................. .............................. .............................. .............................. 251,418 

Total Annualized Cost .................... .............................. .............................. .............................. .............................. 25,142 

Notes: 

aTotal cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of 

unrounded components.) bValues shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. cThe Rights and Responsibilities booklet is abbreviated as YRR for the purposes of the tables in this section. 

FMCSA also adopts the 

recommendation to make it acceptable 

for motor carriers to provide documents, 

including the Rights and 

Responsibilities booklet, electronically 

without requiring the motor carrier to 

include a waiver statement on the 

written estimate. Under the existing 

requirements, when the shipper elects 

to receive these documents via the 

hyperlink, the motor carrier is required 

to obtain a signed waiver of the 

shipper’s right to a hard copy via a 

statement on the written estimate, as 

well as a signed and dated receipt that 

includes ‘‘verification of the shipper’s 

agreement to access the Federal 

consumer protection information on the 

internet.’’ The rule removes the 

requirement in 49 CFR 375.213(e)(1) for 

the shippers to include a waiver 

statement on the written estimate but 

retains the requirement to obtain a 

receipt. FMCSA expects that removing 

the waiver statement would be a de 

minimis one-time cost savings for motor 

carrier. 

Recommendation 7—Survey of 

Household Goods 

In agreement with the 

recommendations, FMCSA changes the 

requirement to conduct a survey of the 

shipper’s goods by redefining a 

‘‘physical survey’’ to include both an 

‘‘in person’’ and a ‘‘virtual’’ survey. The 

physical survey would include inperson surveys and virtual surveys. This 

change does not require that shippers 

receive only virtual surveys, but it does 

provide the option and allows the 

shipper to determine whether a physical 

or virtual survey would better suit their 

needs. 

In the event of a virtual survey, the 

motor carrier will likely spend the same 

amount of time completing the survey 

but will not need to travel to and from 

the shipper’s location. This reduction in 

travel will allow that time to be put to 

other productive uses, resulting in a 

motor carrier cost savings equal to the 

now attainable profit that can be earned 

during that time. FMCSA estimates this 

cost savings using three variables; the 

reduction in travel time per completed 

survey, the number of completed 

surveys that will now be virtual, and the 

motor carrier hourly profit. The distance 

and time required to travel to and from 

a move site varies with each survey. 

However, the survey requirement is in 

place for moves originating within 50 

miles from the motor carrier agent’s 

location. Therefore, we can estimate that 

the time savings would accrue to those 

moves originating within 50 miles. 

FMCSA estimated the average roundtrip travel time for a move originating 

within 50 miles of the motor carrier 

agent will be approximately 1 hour. 

Under the current requirements, 

physical surveys must be completed for 

all moves originating within 50 miles of 

the motor carrier agent’s location, unless 

the physical survey is waived by the 

individual shipper. FMCSA assumes 

that under the final rule, some portion 

of shippers will voluntarily request a 

virtual survey but is unable to estimate 

the exact number of virtual surveys that 

will be conducted under the final rule. 

FMCSA developed an estimate of the 

number of surveys that will be 

conducted virtually using a range from 

25 percent to 75 percent, with a primary 

estimate of 50 percent. As shown in the 

table below, the motor carrier cost 

savings are estimated by multiplying the 

number of virtual surveys originating 

within 50 miles, by the 1 hour of time 

savings, and by the motor carrier profit 

per hour of $3.59. FMCSA estimates that 

providing virtual surveys will result in 

in costs of ¥$9.6 million over 10 years 

(or $9.6 million in cost savings), ¥$8.1 

million (or $8.1 million in cost savings) 

discounted at 3 percent, and ¥$6.7 

million (or $6.7 million in cost savings) 

discounted at 7 percent. On an 

annualized basis, the costs will be 

¥$955,000 (or $955,000 in cost savings) 

discounted at 3 percent and $955,000 

(or $955,000 in cost savings) discounted 

at 7 percent. 


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TABLE 4—RECOMMENDATION 7: MOTOR CARRIER OPPORTUNITY COST SAVINGS FOR PROVIDING VIRTUAL SURVEYS

WITHIN 50 MILES

Year 

Number of 

virtual surveys 

(low) 

Number of 

virtual surveys 

(primary) 

Number of 

virtual surveys 

(high) 

Motor carrier 

opportunity 

cost 

(low) 

Motor carrier 

opportunity 

cost 

(primary) 

Motor carrier 

opportunity 

cost 

(high) 

A B C D = A × $3.59 × ¥1 hour E = B × $3.59 × ¥1 hour F = C × $3.59 × ¥1 hour 

2022 ...................................................... 132,619 265,239 397,858 ($475,971) ($951,942) ($1,427,914) 

2023 ...................................................... 132,726 265,451 398,177 (476,352) (952,704) (1,429,056) 

2024 ...................................................... 132,832 265,663 398,495 (476,733) (953,466) (1,430,199) 

2025 ...................................................... 132,938 265,876 398,814 (477,114) (954,229) (1,431,343) 

2026 ...................................................... 133,044 266,089 399,133 (477,496) (954,992) (1,432,488) 

2027 ...................................................... 133,151 266,302 399,452 (477,878) (955,756) (1,433,634) 

2028 ...................................................... 133,257 266,515 399,772 (478,260) (956,521) (1,434,781) 

2029 ...................................................... 133,364 266,728 400,092 (478,643) (957,286) (1,435,929) 

2030 ...................................................... 133,471 266,941 400,412 (479,026) (958,052) (1,437,078) 

2031 ...................................................... 133,577 267,155 400,732 (479,409) (958,818) (1,438,228) 

Total 10-Year Cost Savings ........... .............................. .............................. .............................. (4,776,884) (9,553,767) (14,330,651) 

Total Annualized Cost Savings ...... .............................. .............................. .............................. (477,688) (955,377) (1,433,065) 

Notes: 

aTotal cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) 

bValues shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. 

Recommendation 8—Survey of 

Household Goods; Beyond 50 Miles 

In agreement with the 

recommendations, FMCSA is requiring 

that movers offer physical surveys for 

all household goods shipments, 

including those that are located over 50 

miles from the motor carrier agent’s 

location. 

Currently, motor carriers are not 

required to offer physical surveys for 

household goods shipments that are 

located beyond 50 miles from the motor 

carrier agent’s location. Often, a 

consumer will discuss the shipment 

load and the mover will provide an 

estimate based on the discussion, 

without visually inspecting the amount 

or weight of goods for transport. The 

purpose of the survey is to develop a 

more accurate estimate of moving fees 

and to prevent unexpected charges from 

surfacing later in the move process. 

Because FMCSA lacks data on how 

behavior would change, FMCSA 

estimates that all shippers located 

beyond 50 miles of the motor carrier 

agent’s location will take advantage of 

the virtual survey option. These surveys 

would take about 1.5 hours each, and 

FMCSA monetizes this time using the 

motor carrier profit margin of $3.59 per 

hour. As shown below, FMCSA 

estimates the cost of providing virtual 

surveys to be approximately $1.5 

million over 10 years, $1.3 million at a 

3 percent discount rate, and $1.1 

million at a 7 percent discount rate. On 

an annualized basis, the cost will be 

$151,000 annualized at both a 3 and 7 

percent discount rate. 

TABLE 5—RECOMMENDATION 8: MOTOR CARRIER OPPORTUNITY COST FOR PROVIDING VIRTUAL SURVEYS BEYOND 50 

MILES

Year 

Number of 

moves beyond 

50 miles with a 

virtual survey 

Motor carrier 

opportunity 

cost 

Motor carrier 

opportunity 

cost 

3% discount rate 

Motor carrier 

opportunity 

cost 

7% discount rate 

A A = B × 1.5 hours 

× $3.59 

 

2022 ......................................................................................... 27,926 $150,342 $145,963 $140,506 

2023 ......................................................................................... 27,949 150,462 141,825 131,419 

2024 ......................................................................................... 27,971 150,582 137,804 122,920 

2025 ......................................................................................... 27,993 150,703 133,898 114,971 

2026 ......................................................................................... 28,016 150,823 130,102 107,535 

2027 ......................................................................................... 28,038 150,944 126,413 100,580 

2028 ......................................................................................... 28,061 151,065 122,830 94,076 

2029 ......................................................................................... 28,083 151,186 119,347 87,991 

2030 ......................................................................................... 28,106 151,307 115,964 82,301 

2031 ......................................................................................... 28,128 151,428 112,676 76,978 

Total 10-Year Cost Savings ............................................. .............................. .............................. 1,286,822 1,059,278 

Total Annualized Cost Savings ........................................ .............................. .............................. 150,855 150,817 

Notes: 

aTotal cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of 

unrounded components.) bValues shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. 


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16FMCSA is revising the requirements for a bill 

of lading to incorporate all of the requirements from 

an order for service, including non-duplicative 

information. 

Recommendation 9—Order for Service 

In agreement with the working group 

recommendation, FMCSA is eliminating 

the order for service. Much of the 

information provided on the order for 

service is also on the bill of lading and 

is therefore duplicative.16 Eliminating 

the order for service will reduce the 

amount of paperwork consumers are 

required to review, but will not reduce 

the necessary information they are 

provided. Currently, each interstate 

move requires both an order for service 

and a bill of lading. Each document 

takes 30 minutes to prepare. Under the 

final rule, a motor carrier will be able 

to save 30 minutes of time for each 

interstate move by no longer drafting an 

order for service. FMCSA monetized 

this time using the motor carrier hourly 

profit margin of $3.59. As shown below, 

FMCSA estimates that eliminating the 

order for service will result in costs of 

¥$10 million over 10 years (or cost 

savings of $10 million), ¥$8.6 million 

(or $8.6 million in cost savings) 

discounted at 3 percent, and ¥$7.1 

million (or $7.1 million in cost savings) 

discounted at 7 percent. On an 

annualized basis, the costs will be 

¥$1.0 million (or $1.0 million in cost 

savings) discounted at 3 percent and 7 

percent. 

TABLE 6—RECOMMENDATION 9: MOTOR CARRIER OPPORTUNITY COST FOR ELIMINATING THE ORDER FOR SERVICE

Year 

Number of 

interstate moves 

by for-Hire 

movers 

Motor carrier 

opportunity 

cost 

Motor carrier 

opportunity 

cost 

3% discount rate 

Motor carrier 

opportunity 

cost 

7% discount rate 

A B = A × ¥0.5 

hours 

× $3.59 

 

2022 ......................................................................................... 558,404 ($1,002,056) ($972,870) ($936,501) 

2023 ......................................................................................... 558,851 (1,002,858) (945,290) (875,935) 

2024 ......................................................................................... 559,298 (1,003,660) (918,491) (819,286) 

2025 ......................................................................................... 559,745 (1,004,463) (892,453) (766,300) 

2026 ......................................................................................... 560,193 (1,005,267) (867,152) (716,741) 

2027 ......................................................................................... 560,641 (1,006,071) (842,569) (670,388) 

2028 ......................................................................................... 561,090 (1,006,876) (818,682) (627,032) 

2029 ......................................................................................... 561,539 (1,007,681) (795,473) (586,480) 

2030 ......................................................................................... 561,988 (1,008,487) (772,922) (548,550) 

2031 ......................................................................................... 562,438 (1,009,294) (751,010) (513,074) 

Total 10- Year Cost Savings ............................................ .............................. .............................. (8,576,911) (7,060,287) 

Total Annualized Cost Savings ........................................ .............................. .............................. (1,005,476) (1,005,226) 

Notes: 

aTotal cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of 

unrounded components.) bValues shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. 

Document Production Cost 

The ICR supporting statement also 

estimated printing costs of $0.15 per 

page for both the Rights and 

Responsibilities booklet and the Order 

for Service. FMCSA estimates the 

change in the cost of materials for 

printing the Rights and Responsibilities 

booklet and the Orders for Service by 

multiplying the change in the number of 

pages by the $0.15 cost per page. As 

shown in Table 7, FMCSA estimates a 

10-year materials cost to total $16 

million, or $13.6 million discounted at 

3 percent, and $11.2 million discounted 

at 7 percent. On an annualized basis, the 

costs would be $1.6 million discounted 

at both 3 and 7 percent. 

TABLE 7—DOCUMENT PRODUCTION COST

Year 

Recommendation 5— 

increase in pages for 

hard copy YRR 

Recommendation 9— 

eliminating the 

order for service 

(reduction in pages) 

Total change in 

number of pages 

Total cost for 

producing documents 

A B C = A + B D = C × $0.15 

2022 ................................................................. 11,168,084 (558,404) 10,609,680 $1,591,452 

2023 ................................................................. 11,177,018 (558,851) 10,618,167 1,592,725 

2024 ................................................................. 11,185,960 (559,298) 10,626,662 1,593,999 

2025 ................................................................. 11,194,909 (559,745) 10,635,163 1,595,275 

2026 ................................................................. 11,203,865 (560,193) 10,643,671 1,596,551 

2027 ................................................................. 11,212,828 (560,641) 10,652,186 1,597,828 

2028 ................................................................. 11,221,798 (561,090) 10,660,708 1,599,106 

2029 ................................................................. 11,230,775 (561,539) 10,669,237 1,600,386 

2030 ................................................................. 11,239,760 (561,988) 10,677,772 1,601,666 

2031 ................................................................. 11,248,752 (562,438) 10,686,314 1,602,947 


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24442 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

17U.S. Department of Transportation, Bureau of 

Transportation Statistics. Table 4–23: Average Fuel 

TABLE 7—DOCUMENT PRODUCTION COST—Continued 

Year 

Recommendation 5— 

increase in pages for 

hard copy YRR 

Recommendation 9— 

eliminating the 

order for service 

(reduction in pages) 

Total change in 

number of pages 

Total cost for 

producing documents 

A B C = A + B D = C × $0.15 

Total 10-Year Cost Savings ..................... .................................... .................................... .................................... 15,971,934 

Total Annualized Cost Savings ................ .................................... .................................... .................................... 1,597,193 

Notes: 

aTotal cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of 

unrounded components.) bValues shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. 

Total Costs 

As shown below, FMCSA estimates 

the total costs of this final rule at ¥$1.6 

million (or $1.6 million in cost savings) 

discounted at 3 percent, and ¥$1.3 

million (or $1.3 million in cost savings) 

discounted at 7 percent. Expressed on 

an annualized basis, this equates to 

¥$188,000 in costs (or $188,000 in cost 

savings) at both a 3 and 7 percent 

discount rate. 

TABLE 8—TOTAL 10-YEAR AND ANNUALIZED COSTS OF THE FINAL RULE

[Thousands of 2018$] 

Year Rec. 5: 

Appendix Ac

Rec. 7: 

Virtual survey 

of HHG 

(primary) d

Rec. 8: 

Survey of 

HHG beyond 

50 miles e

Rec. 9: 

Order for 

service f

Document 

production g

Total cost 

(primary) 

Total cost 

3% discount 

rate 

Total cost 

7% discount 

rate 

2022 .................................. $25.1 ($951.9) $150.3 ($1,002.1) $1,591.5 ($187.2) ($181.7) ($174.9) 

2023 .................................. 25.1 (952.7) 150.5 (1,002.9) 1,592.7 (187.3) (176.6) (163.6) 

2024 .................................. 25.1 (953.5) 150.6 (1,003.7) 1,594.0 (187.5) (171.5) (153.0) 

2025 .................................. 25.1 (954.2) 150.7 (1,004.5) 1,595.3 (187.6) (166.7) (143.1) 

2026 .................................. 25.1 (955.0) 150.8 (1,005.3) 1,596.6 (187.8) (162.0) (133.9) 

2027 .................................. 25.2 (955.8) 150.9 (1,006.1) 1,597.8 (187.9) (157.4) (125.2) 

2028 .................................. 25.2 (956.5) 151.1 (1,006.9) 1,599.1 (188.1) (152.9) (117.1) 

2029 .................................. 25.2 (957.3) 151.2 (1,007.7) 1,600.4 (188.2) (148.6) (109.5) 

2030 .................................. 25.2 (958.1) 151.3 (1,008.5) 1,601.7 (188.4) (144.4) (102.5) 

2031 .................................. 25.2 (958.8) 151.4 (1,009.3) 1,602.9 (188.5) (140.3) (95.8) 

Total 10-Year Cost 

Savings ................... ........................ ........................ ........................ ........................ ........................ (1,878.3) (1,601.9) (1,318.6) 

Total Annualized Cost 

Savings ................... ........................ ........................ ........................ ........................ ........................ (187.8) (187.8) (187.8) 

Notes: 

aTotal cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) 

bValues shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. c (Increase in Number of Hard Copy YRR Booklets Provided) × (25 ÷ 1600) × ($3.59). d (Number of Virtual Surveys) × ($3.59) × (¥1 hour). e (Interstate Moves beyond 50 miles by For-Hire Movers) × (¥0.5 hours) × ($3.59). f(Interstate Moves by For-Hire Movers) × (¥0.5 hours) × ($3.59). g ((Increase in Pages for YRR Booklet) + (Decrease in Pages for Elimination of Order for Service)) × $0.15. 

Benefit Impacts 

FMCSA does not expect this rule to 

impact safety, but does expect that it 

will result in benefits related to 

consumer protection and fuel savings. 

Recommendation 5 will result in 

shippers receiving accurate and clear 

information earlier in the process, 

allowing them to make more informed 

and better decisions regarding which 

household goods motor carrier to hire, 

and will allow shippers to obtain more 

accurate estimates of moving fees based 

on physical surveys for those interstate 

moves beyond 50 miles from a motor 

carrier agent’s location. The motor 

carrier efficiencies discussed above will 

not negatively impact shippers, as the 

services and information they currently 

receive will not change under the final 

rule. 

FMCSA anticipates that providing 

virtual surveys for those moves within 

50 miles of a motor carrier agent’s 

location will not only result in motor 

carrier time savings quantified above, 

but could potentially result in fuel 

savings if motor carriers drive fewer 

miles, which could produce a small 

reduction in CO2 emissions. It is 

important to note that FMCSA is not 

anticipating a change in CMV vehicle 

miles traveled (VMT), as the rule does 

not affect the number of interstate 

moves occurring per year, but 

recognizes that motor carriers could 

reduce miles driven in light-duty 

vehicles used for providing estimates to 

shippers. The distance and fuel required 

to travel to and from a move site varies 

with each survey. However, the survey 

requirement is in place for moves 

within 50 miles of the motor carrier 

agent’s location, and we can estimate 

that any potential fuel savings will only 

accrue to those moves. FMCSA assumes 

the average mileage for these moves will 

be approximately 25 miles, or 50 miles 

round-trip. Based on data provided by 

the Bureau of Transportation Statistics, 

light-duty vehicles averaged 

approximately 22 miles per gallon in 

2019, resulting in just over 2 gallons 

saved per trip (22.2 miles per gallon ÷ 

50 miles per trip = 2.25 gallons per 

trip).17 The U.S. Energy Information 


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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24443 

Efficiency of U.S. Light Duty Vehicles. https://

www.bts.gov/content/average-fuel-efficiency-uslight-duty-vehicles (Accessed Dec. 9, 2021). 18U.S. Energy Information Administration. 

Petroleum and Other Liquids Prices, 

Transportation, Motor Gasoline: Reference Case, 

years 2022–2031, 2020$. Available at: https://

www.eia.gov/outlooks/aeo/tables_side.php 

(accessed Dec. 14, 2021). 19A ‘‘major rule’’ means any rule that the OIRA 

Administrator at OMB finds has resulted in or is 

likely to result in (a) an annual effect on the 

economy of $100 million or more; (b) a major 

increase in costs or prices for consumers, individual 

industries, Federal agencies, State agencies, local 

government agencies, or geographic regions; or (c) 

significant adverse effects on competition, 

employment, investment, productivity, innovation, 

or on the ability of United States-based enterprises 

to compete with foreign-based enterprises in 

domestic and export markets (5 U.S.C. 804(2)). 20Executive Office of the President, OMB. ‘‘North 

American Industry Classification System.’’ 2017. 

https://www.census.gov/library/publications/2017/ 

econ/2017-naics-manual.html (accessed Dec. 14, 

2021). 21U.S. Department of Commerce, U.S. Census 

Bureau. Establishment and Firm Size: Summary 

Statistics by Revenue Size of Firms for the U.S. Last 

edited October 8, 2021. Available at: https://

www.census.gov/data/tables/2017/econ/ 

economiccensus/naics-sector-48-49.html (accessed 

Dec. 14, 2021). 

22SBA, Office of Advocacy. ‘‘A Guide for 

Government Agencies. How to Comply with the 

Regulatory Flexibility Act.’’ 2017. Available at: 

https://www.sba.gov/sites/default/files/advocacy/ 

How-to-Comply-with-the-RFA-WEB.pdf (accessed 

on Dec. 30, 2020). 

23The 2017 Economic Census does not include a 

category for firm size between $25 million and $100 

million. As such, FMCSA based these calculations 

off of firms below the $25 million threshold. 

Administration forecasts real petroleum 

prices for motor gasoline, and estimates 

an average price per gallon over the 

analysis period of $2.58 in 2020 

dollars.18 Therefore, FMCSA estimates 

that each virtual survey could result in 

$5.78 in avoided fuel costs (2.2 gallons 

per trip × $2.58 per gallon). Any 

potential fuel savings would result from 

a reduction in VMT in light-duty 

vehicles. The Agency is uncertain how 

motor carriers will respond to the 

proposed change allowing virtual 

surveys, and whether they will be 

involved in other driving-related 

activities which could diminish or 

negate any potential fuel savings. For 

these reasons, FMCSA is not quantifying 

any potential fuel impacts. Similarly, 

while these potential fuel savings, if 

realized, would result in a reduction of 

CO2 emissions that is directly 

proportional to the amount of fuel 

saved, the Agency is not quantifying 

those potential savings in this final rule 

due to the aforementioned uncertainty 

with respect to how motor carriers will 

adjust their operations. 

B. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801, et seq.), the Office of 

Information and Regulatory Affairs 

(OIRA) designated this rule as not a 

major rule, as defined by 5 U.S.C. 

804(2).19

C. Regulatory Flexibility Act (Small 

Entities) 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) (RFA) as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121, 110 Stat. 857) (SBREFA), 

requires Federal agencies to consider 

the effects of the regulatory action on 

small business and other small entities 

and to minimize any significant 

economic impact. The term ‘‘small 

entities’’ comprises small businesses 

and not-for-profit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000 (5 U.S.C. 

601(6)). Accordingly, DOT policy 

requires an analysis of the impact of all 

regulations on small entities, and 

mandates that agencies strive to lessen 

any adverse effects on these businesses. 

Section 605 of the RFA allows an 

Agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have a significant 

economic impact on a substantial 

number of small entities. 

This rule affects shippers and 

household goods motor carriers. 

Shippers, or consumers that hire 

household good motor carriers, are not 

considered small entities because they 

do not meet the definition of a small 

entity in Section 601 of the RFA. 

Specifically, shippers are considered 

neither a small business under Section 

601(3) of the RFA, nor are they 

considered a small organization under 

Section 601(4) of the RFA. 

The Small Business Association 

(SBA) defines the size standards used to 

classify entities as small. SBA 

establishes separate standards for each 

industry, as defined by the North 

American Industry Classification 

System (NAICS).20 Household goods 

motor carriers fall under Subsector 

Industry 48421, used household good 

and office goods moving, which has an 

SBA size standard based on annual 

revenue of $30 million. 

FMCSA examined data from the U.S. 

Census Bureau to determine the number 

of small entities within the identified 

five-digit NAICS industry group. The 

Census Bureau collects and publishes 

data on the number of firms, 

establishments, employment, annual 

payroll, and estimated receipts by 

revenue size of the firm. The most 

recent data available is from the 2017 

Economic Census.21 The revenue size 

categories used in the 2017 Economic 

Census do not exactly align with the 

SBA size standard, but they do allow 

FMCSA to develop a good estimate of 

the percentage of small entities within 

the NAICS industry group 48421. The 

2017 Economic Census reported that 

there were 6,097 firms operating for the 

entire year within NAICS industry 

group 48421 (used household goods and 

office goods moving). Of those firms that 

operated for the entire year, 6,041 firms 

(99 percent), had annual revenues of 

less than $25 million. FMCSA 

concludes that this rule will impact a 

substantial number of small entities. 

The RFA does not define a threshold 

for determining whether a specific 

regulation results in a significant 

impact. However, the SBA, in guidance 

to government agencies, provides some 

objective measures of significance that 

the agencies can consider using.22

Revenue is one measure that could be 

used to illustrate a significant impact, 

specifically, if the cost of the regulation 

exceeds one percent of the average 

annual revenues of small entities in the 

sector. 

Examining the 2017 Economic Census 

data discussed above, FMCSA found 

that affected entities had average 

revenues ranging from $56,000 to $15.2 

million.23 The cost of the regulation 

would thus need to exceed $560 per 

carrier in any 1 year in order to be 

considered a significant impact on the 

entities within the smallest revenue size 

category. The exact impact per motor 

carrier is dependent on many variables 

throughout the year (e.g., the number of 

hard copy Rights and Responsibilities 

booklets provided, the number of virtual 

surveys provided for those moves 

within 50 miles of the motor carrier 

agents’ locations, and the number of 

virtual surveys completed for moves 

beyond 50 miles of the motor carrier 

agents’ locations) and cannot be 

estimated with precision. While FMCSA 

cannot provide the exact impact per 

motor carrier, it is possible to evenly 

distribute the total cost of the rule 

across all affected motor carriers to 

determine the average impact per motor 

carrier. As shown in the table below, the 

estimated impact per motor carrier does 

not exceed $550 in any year, and 

therefore is not a significant impact. 


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24444 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

TABLE 8—ESTIMATED IMPACT PER MOTOR CARRIER

Year 

Household 

goods motor 

carriers 

Total cost 

7% discount 

rate 

Estimated 

impact per 

motor carrier 

2022 ............................................................................................................................................. 4,884 ($174,909.9) ($35.8) 

2023 ............................................................................................................................................. 5,097 (163,597.9) (32.1) 

2024 ............................................................................................................................................. 5,319 (153,017.6) (28.8) 

2025 ............................................................................................................................................. 5,551 (143,121.5) (25.8) 

2026 ............................................................................................................................................. 5,793 (133,865.4) (23.1) 

2027 ............................................................................................................................................. 6,046 (125,208.0) (20.7) 

2028 ............................................................................................................................................. 6,309 (117,110.4) (18.6) 

2029 ............................................................................................................................................. 6,584 (109,536.5) (16.6) 

2030 ............................................................................................................................................. 6,871 (102,452.5) (14.9) 

2031 ............................................................................................................................................. 7,171 (95,826.6) (13.4) 

Consequently, I certify that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

D. Assistance for Small Entities 

In accordance with section 213(a) of 

SBREFA, FMCSA wants to assist small 

entities in understanding this final rule 

so they can better evaluate its effects on 

themselves and participate in the 

rulemaking initiative. If the final rule 

will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance; please consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the SBA’s Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$170 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2020 levels) or 

more in any one year. Though this final 

rule will not result in such an 

expenditure, the Agency does discuss 

the effects of this rule elsewhere in this 

preamble. 

F. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520) requires that an 

agency consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. An agency is prohibited from 

collecting or sponsoring an information 

collection, as well as imposing an 

information collection requirement, 

unless it displays a valid OMB control 

number (5 CFR 1320.8(b)(3)(vi)). 

This final rule will amend the existing 

approved information collection titled 

‘‘Transportation of Household Goods; 

Consumer Protection,’’ OMB control 

number 2126–0025, which expires on 

November 30, 2022. Specifically, 

FMCSA seeks approval for the revision 

of the ICR due to the Agency’s issuance 

of this final rule. In accordance with 44 

U.S.C. 3507(d), FMCSA will submit the 

proposed information collection 

amendments to the OIRA at OMB for its 

approval. 

Title: Transportation of Household 

Goods; Consumer Protection. 

OMB Control Number: 2126–0025. 

Type of Review: Revision of a 

currently-approved information 

collection. 

Summary: FMCSA makes various 

changes to the household goods 

regulations recommended by the 

Household Goods Consumer Protection 

Working Group. These changes include 

further revisions to streamline the 

Rights and Responsibilities booklet 

which are incorporated in appendix A 

to 49 CFR part 375, require new binding 

or non-binding estimates when an 

individual shipper tenders more goods 

or requests additional service instead of 

a revised estimate, allow a motor carrier 

to provide a virtual survey, remove the 

exception from the survey requirement 

for moves where the household goods 

are located more than 50 miles from the 

motor carrier agent’s location, eliminate 

the order for service and incorporate 

that document into the bill of lading, 

and make other minor updates to 

increase the clarity of the regulations. 

These changes are intended to reduce 

the paperwork burden on household 

goods motor carriers and reduce 

confusion for individual shippers. 

FMCSA summarizes the resulting 

changes from the existing ICR below. 

IC–1: Required Information for 

Prospective Individual Shippers 

FMCSA requires the Rights and 

Responsibilities booklet to be provided 

earlier in the process, when the estimate 

is provided to the shipper, which will 

result in providing an additional two 

documents per interstate move. This is 

because FMCSA estimates that shippers 

request an estimate from three 

household goods carriers but contract 

with only one. FMCSA multiplied the 

average number of interstate moves per 

year by 40 percent to estimate the 

number of hard copy Rights and 

Responsibilities booklets provided to 

shippers under the previous 

requirements (558,851 × 40 percent = 

223,540 copies). FMCSA then 

multiplied the number of orders for 

service where hard copies are provided 

by three, to account for the assumption 

that shippers seek an estimate from 

three different household goods carriers, 

(223,540 × 3 = 670,621 copies). The 

number of additional hard copies that 

will be provided as a result of this rule 

is 447,081 (670,621¥223,540 = 447,081 

copies). It is estimated that a carrier can 

print roughly 1,600 pages per hour and 

each Rights and Responsibilities booklet 

consists of 25 pages. The increase in the 

number of hours needed to print hard 

copy Rights and Responsibilities 

booklets will be the additional hard 

copies multiplied by 25 pages per 

document (447,081 × 25 = 11,177,021 

pages) divided by 1,600 pages per hour 

(11,177,021 ÷ 1,600 = 6,986 hours). The 


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24Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

Agency assumes printing and storing 

these booklets will be completed by an 

office clerk with a loaded hourly wage 

of $33.31. Therefore, the increase in 

burden hours will be 6,986 and the 

increase in cost resulting from the 

proposed rule is $232,705, (6,986 

burden hours × $33.31 = $232,693). 

Estimated Number of Respondents: 

5,100. 

Estimated responses: 447,081. 

Estimated burden hours: 6,986. 

Estimated cost: $232,693. 

IC–2: Estimating Charges 

The rule requires that movers offer 

surveys for all household goods 

shipments, including those that are 

located over 50 miles from the motor 

carrier agent’s location. Previously, 

household goods motor carriers were 

not required to offer surveys for 

household goods shipments located 

beyond 50 miles from the motor carrier 

agent’s location. FMCSA estimates that 

all shippers located beyond 50 miles 

from the motor carrier agent’s location 

will take advantage of the survey option. 

There is an annual average of 27,949 

moves beyond 50 miles, of those moves 

that currently receive non-binding 

surveys. These surveys will take about 

1.5 hours each, and FMCSA assumes all 

tasks will be completed by a first line 

supervisor of a transportation and 

material moving worker with a loaded 

hourly wage of $44.11, resulting in an 

increase of 41,923 burden hours and an 

increased cost of $1,849,045 (27,959 × 

1.5 hours × $44.11 = $1,849,045). 

Estimated Number of Respondents: 

5,100. 

Estimated responses: 27,949. 

Estimated burden hours: 41,923. 

Estimated cost: $1,849,045. 

IC–3: Pick Up of Shipments of 

Household Goods 

FMCSA eliminates the order for 

service because much of the information 

provided on the order for service is also 

provided on the bill of lading. 

Previously, each interstate move 

required both an order for service and 

a bill of lading and it took 30 minutes 

to prepare each document. As such, 

removing the order for service form 

requirement will save 30 minutes per 

move. The Agency assumes all tasks 

will be completed by a cargo agent with 

a loaded hourly wage of $33.80. With 

the annual average of 558,851 total 

interstate moves and 30 minute time 

savings, motor carriers will save 279,426 

burden hours (558,851 interstate moves 

× ¥0.5 hours =¥279,426 burden hours). 

The estimated cost savings is $9,445,421 

(¥279,426 burden hours × $33.80 

=¥$9,445,421). 

Estimated Number of Respondents: 

5,100. 

Estimated responses: 558,851. 

Estimated burden hours: ¥279,426. 

Estimated cost savings: $9,445,421. 

Document Production 

The estimates of the costs of 

producing required documents is based 

on the total number of pages movers 

will need to produce multiplied by a flat 

rate of $0.15 per page. With the 

estimated annual average of 670,621 

Your Rights and Responsibilities When 

You Move documents printed, there will 

be 16,765,531 total pages printed 

(670,621 documents printed × 25 pages 

per document = 16,765,531 total pages 

printed). The estimated total annual 

printing cost to respondents is $2.5 

million (16,765,531 total pages printed 

× $0.15 per page = $2.5 million). 

In removing the order for service 

form, which is a one page document, the 

Agency estimates that there will be 

558,851 fewer documents printed. This 

results in an estimated annual cost 

savings to respondents of $83,828 

(558,851 documents printed × 1 page 

per document × $0.15 per page = 

$83,828). 

Estimated Number of Respondents: 

5,100. 

Estimated responses: 1,229,472. 

Estimated cost: $2,431,002. 

FMCSA asks for comment on the 

information collection requirements of 

this rule. Specifically, the Agency asks 

for comment on: (1) Whether the 

proposed information collection is 

necessary for FMCSA to perform its 

functions; (2) how the Agency can 

improve the quality, usefulness, and 

clarity of the information to be 

collected; (3) the accuracy of FMCSA’s 

estimate of the burden of this 

information collection; and (4) how the 

Agency can minimize the burden of the 

information collection. 

If you have comments on the 

information collection, you must send 

those comments to OMB as outlined 

under the COMMENTS ON THE 

INFORMATION COLLECTION section 

at the beginning of this final rule. 

G. E.O. 13132 (Federalism) 

A rule has implications for federalism 

under Section 1(a) of E.O. 13132 if it has 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

FMCSA has determined that this rule 

would not have substantial direct costs 

on or for States, nor would it limit the 

policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. Therefore, this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Impact Statement. 

H. Privacy 

The Consolidated Appropriations Act, 

2005,24 requires the Agency to conduct 

a privacy impact assessment (PIA) of a 

regulation that will affect the privacy of 

individuals. This rule does not require 

the collection of personally identifiable 

information (PII). In addition, the 

Agency submitted a Privacy Threshold 

Assessment (PTA) to evaluate the risks 

and effects the rulemaking might have 

on collecting, storing, and sharing 

personally identifiable information. The 

DOT Privacy Office has determined that 

this rulemaking does not create privacy 

risk. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rule does not have Tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this rule for the 

purpose of the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and determined this action is 

categorically excluded from further 

analysis and documentation in an 

environmental assessment or 

environmental impact statement under 

FMCSA Order 5610.1 (69 FR 9680, 

March 1, 2004), Appendix 2, paragraphs 

6.m. and 6.l. The Categorical Exclusions 

(CEs) in paragraphs 6.m. and 6.l., 

respectively, cover regulations requiring 

every motor carrier to issue and keep a 

receipt or bill of lading (or record) for 

property tendered for transportation in 

interstate or foreign commerce, and 

regulations implementing procedures 

applicable to the operations of 

household good carriers engaged in the 

transportation of household goods. The 

requirements in this rule are covered by 

these CEs. 


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List of Subjects 

49 CFR Part 371 

Brokers, Motor carriers, Reporting and 

recordkeeping requirements. 

49 CFR Part 375 

Advertising, Consumer protection, 

Freight, Highways and roads, Insurance, 

Motor carriers, Moving of household 

goods, Reporting and recordkeeping 

requirements. 

Accordingly, FMCSA amends 49 CFR 

chapter III, parts 371 and 375 as follows: 

PART 371—BROKERS OF PROPERTY 

■ 1. The authority citation for part 371 

continues to read as follows: 

Authority: 49 U.S.C. 13301, 13501, and 

14122; subtitle B, title IV of Pub. L. 109–59; 

and 49 CFR 1.87. 

■ 2. Amend § 371.103 by adding, in 

alphabetical order, a definition for 

Physical survey to read as follows: 

§ 371.103 What are the definitions of terms 

used in this subpart? 

* * * * * 

Physical survey has the same meaning 

as the term is defined in § 375.103 of 

this subchapter. 

■ 3. Amend § 371.111 by adding 

paragraph (e) to read as follows: 

§ 371.111 Must I provide individual 

shippers with Federal consumer protection 

information? 

* * * * * 

(e) If you have a website, you are 

required to display prominently either a 

link to the Department of Transportation 

(DOT) publication titled ‘‘Ready to 

Move?—Tips for a Successful Interstate 

Move’’ (DOT publication FMCSA–ESA– 

03–005, or its successor publication) on 

the FMCSA website or a true and 

accurate copy of that document on your 

website. 

■ 4. Amend § 371.113 by revising 

paragraph (a) to read as follows: 

§ 371.113 May I provide individual 

shippers with a written estimate? 

(a) You may provide each individual 

shipper with an estimate of 

transportation and accessorial charges. 

If you provide an estimate, it must be in 

writing and must be based on a physical 

survey of the household goods 

conducted by the authorized motor 

carrier on whose behalf the estimate is 

provided. The estimate must be 

prepared in accordance with a signed, 

written agreement, as specified in 

§ 371.115. 

* * * * * 

PART 375—TRANSPORTATION OF 

HOUSEHOLD GOODS IN INTERSTATE 

COMMERCE; CONSUMER 

PROTECTION REGULATIONS 

■ 5. The authority citation for part 375 

continues to read as follows: 

Authority: 49 U.S.C. 13102, 13301, 13501, 

13704, 13707, 13902, 14104, 14706, 14708; 

subtitle B, title IV of Pub. L. 109–59; and 49 

CFR 1.87. 

■ 6. Amend § 375.103 by: 

■ a. Adding, in alphabetical order, 

definition for Bill of lading; 

■ b. Removing the definition for Order 

for service; and 

■ c. Adding, in alphabetical order, 

definition for Physical survey; 

■ d. Revising the definitions for 

Reasonable dispatch and Surface 

Transportation Board. 

The additions and revisions read as 

follows: 

§ 375.103 What are the definitions of terms 

used in this part? 

* * * * * 

Bill of lading means both the receipt 

and the contract for the transportation of 

the individual shipper’s household 

goods. 

* * * * * 

Physical survey means a survey which 

is conducted on-site or virtually. If the 

survey is performed virtually, the 

household goods motor carrier must be 

able to view the household goods 

through live or pre-recorded video that 

allows it to clearly identify the 

household goods to be transported. 

Reasonable dispatch means the 

performance of transportation on the 

dates, or during the period, agreed upon 

by you and the individual shipper and 

shown on the 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. 

* * * * * 

Surface Transportation Board means 

an independent agency of the United 

States that regulates household goods 

carrier tariffs, among other economic 

regulatory responsibilities. 

* * * * * 

■ 7. Amend § 375.211 by revising the 

introductory text of paragraph (a)(2) to 

read as follows: 

§ 375.211 Must I have an arbitration 

program? 

(a) * * * 

(2) Before execution of the bill of 

lading, you must provide notice to the 

individual shipper of the availability of 

neutral arbitration, including all three of 

the following items: 

* * * * * 

■ 8. Amend § 375.213 by: 

■ a. Revising paragraph (a) and the 

introductory text of paragraph (b); 

■ b. Removing paragraph (b)(1); 

■ c. Redesignating paragraphs (b)(2) 

through (5) as paragraphs (b)(1) through 

(4); 

■ d. Redesignating paragraph (e) as 

paragraph (f); 

■ e. Adding new paragraph (e); and 

■ f. Revising newly redesignated 

paragraph (f). 

The revisions and addition read as 

follows: 

§ 375.213 What information must I provide 

to a prospective individual shipper? 

(a) When you provide the written 

estimate to a prospective individual 

shipper, you must also provide the 

individual shipper with the following 

documents: 

(1) The Department of Transportation 

(DOT) publication titled ‘‘Ready to 

Move?—Tips for a Successful Interstate 

Move’’ (DOT publication FMCSA–ESA– 

03–005, or its successor publication). 

You must provide the individual 

shipper with either a copy or provide a 

hyperlink on your internet website to 

the web page on the FMCSA website 

containing that publication. 

(2) The contents of appendix A of this 

part, titled ‘‘Your Rights and 

Responsibilities When You Move’’ (DOT 

publication FMCSA–ESA–03–006, or its 

successor publication). You must 

provide the individual shipper with 

either a copy or provide a hyperlink on 

your internet website to the web page on 

the FMCSA website with the 

publication ‘‘Your Rights and 

Responsibilities When You Move.’’ 

(b) Before you execute a bill of lading 

for a shipment of household goods, you 

must furnish to your prospective 

individual shipper all four of the 

following documents: 

* * * * * 

(e) If you have a website, you are 

required to display prominently either a 

link to the DOT publication titled 

‘‘Ready to Move?—Tips for a Successful 

Interstate Move’’ (DOT publication 

FMCSA–ESA–03–005, or its successor 

publication) on the FMCSA website or 

a true and accurate copy of that 

document on your website. 

(f) If an individual shipper elects to 

access the Federal consumer protection 


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information via the hyperlink on the 

internet as provided in paragraphs (a)(1) 

and (2) of this section: 

(1) You must obtain a signed, dated 

receipt showing the individual shipper 

has received either or both of the 

publications that includes verification 

of the shipper’s agreement to access the 

Federal consumer protection 

information on the internet. 

(2) You must maintain the signed 

receipt required by paragraph (f)(1) of 

this section for one year from the date 

the individual shipper signs the receipt. 

You are not required to maintain the 

signed receipt when you do not actually 

transport household goods or perform 

related services for the individual 

shipper who signed the receipt. 

■ 9. Revise § 375.215 to read as follows: 

§ 375.215 How must I collect charges? 

You must issue an honest, truthful 

invoice that includes all the information 

required by subpart A of part 373 of this 

chapter. All rates and charges for the 

transportation and related services must 

be in accordance with your 

appropriately published tariff 

provisions in effect, including the 

method of payment. 

■ 10. Amend § 375.217 by revising 

paragraph (b) to read as follows: 

§ 375.217 How must I collect charges upon 

delivery? 

* * * * * 

(b) You must specify the same form of 

payment provided in paragraph (a) of 

this section when you prepare the bill 

of lading. 

* * * * * 

■ 11. Amend § 375.221 by revising 

paragraph (c) to read as follows: 

§ 375.221 May I use a charge or credit card 

plan for payments? 

* * * * * 

(c) If you allow an individual shipper 

to pay an invoice by charge or credit 

card, you are deeming such payment to 

be the same as payment by cash, 

certified check, money order, or a 

cashier’s check. 

* * * * * 

■ 12. Amend § 375.401 by revising 

paragraphs (a), (b) introductory text, and 

(f) to read as follows: 

§ 375.401 Must I estimate charges? 

(a) You must conduct a physical 

survey of the household goods to be 

transported and provide the prospective 

individual shipper with a written 

estimate, based on the physical survey, 

of the charges for the transportation and 

all related services. An individual 

shipper may elect to waive a physical 

survey. The waiver agreement is subject 

to the following requirements: 

(1) It must be in writing; 

(2) It must be signed by the shipper 

before the shipment is loaded; and 

(3) You must retain a copy of the 

waiver agreement as an addendum to 

the bill of lading with the understanding 

that the waiver agreement will be 

subject to the same record retention 

requirements that apply to bills of 

lading, as provided in § 375.505(d). 

(b) Before you execute a bill of lading 

for a shipment of household goods for 

an individual shipper, you must provide 

a written estimate of the total charges 

and indicate whether it is a binding or 

a non-binding estimate, as follows: 

* * * * * 

(f) You must determine charges for 

any accessorial services such as 

elevators, long carries, etc., before 

preparing the bill of lading for binding 

or non-binding estimates. If you fail to 

ask the shipper about such charges and 

fail to determine such charges before 

preparing the bill of lading, you must 

deliver the goods and bill the shipper 

after 30 days for the additional charges. 

* * * * * 

■ 13. Amend § 375.403 by revising 

paragraphs (a)(1), (a)(6)(ii), and (a)(9) to 

read as follows: 

§ 375.403 How must I provide a binding 

estimate? 

(a) * * * 

(1) You must base the binding 

estimate on the physical survey unless 

waived as provided in § 375.401(a). 

* * * * * 

(6) * * * 

(ii) Prepare a new binding estimate 

prior to loading. The new estimate must 

be signed by the individual shipper. 

You should maintain a record of the 

date, time, and manner that the new 

estimate was prepared. 

* * * * * 

(9) If the individual shipper requests 

additional services after the bill of 

lading has been issued, you must inform 

the individual shipper of the additional 

charges involved. The individual 

shipper must agree to the new charges. 

You must prepare a new binding 

estimate and have the new binding 

estimate signed by the individual 

shipper. You may require full payment 

at destination for these additional 

services and for 100 percent of the 

original binding estimate. If applicable, 

you also may require payment at 

delivery of charges for impracticable 

operations (as defined in your carrier 

tariff) not to exceed 15 percent of all 

other charges due at delivery. You must 

bill and collect from the individual 

shipper any applicable charges not 

collected at delivery in accordance with 

subpart H of this part. 

* * * * * 

■ 14. Amend § 375.405 by revising 

paragraphs (b)(7)(ii) and (c) to read as 

follows: 

§ 375.405 How must I provide a nonbinding estimate? 

* * * * * 

(b) * * * 

(7) * * * 

(ii) Prepare a new non-binding 

estimate which must be signed by the 

individual shipper. You should 

maintain a record of the date, time, and 

manner that the new estimate was 

prepared. 

* * * * * 

(c) If you furnish a non-binding 

estimate, you must enter the estimated 

charges upon the bill of lading. 

* * * * * 

§ 375.501 [Removed and Reserved] 

■ 15. Remove and reserve § 375.501. 

■ 16. Amend § 375.505 by: 

■ a. Revising paragraphs (a), (b) 

introductory text, and (b)(1) through (3), 

(6), and (14); 

■ b. Adding paragraphs (b)(15) through 

(17); 

■ c. Revising paragraph (d); and 

■ d. Adding paragraphs (e) through (h). 

The revisions and additions read as 

follows: 

§ 375.505 Must I write up a bill of lading? 

(a) Before you receive a shipment of 

household goods you will transport for 

an individual shipper, you must prepare 

and issue a bill of lading. The bill of 

lading must contain the terms and 

conditions of the contract. 

(b) On a bill of lading, you must 

include the following 17 items: 

(1) Your legal or trade name (i.e., 

doing business as name) as it is 

registered with FMCSA, to include your 

physical address. 

(2) The names, telephone numbers, 

addresses, and U.S. DOT numbers of 

any motor carriers, when known, who 

will participate in transportation of the 

shipment. 

(3) The individual shipper’s name, 

address, and, if available, telephone 

number(s). 

* * * * * 

(6) 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. 

* * * * * 

(14) A complete description of any 

special or accessorial services ordered 


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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 bill 

of lading 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 how you will compute the 

final charges relating to such a shipment 

based upon the actual weight or volume 

of the shipment. 

(15) Each attachment to the bill of 

lading. Each attachment is an integral 

part of the bill of lading contract. If not 

provided elsewhere to the shipper, the 

following two items must be added as 

an attachment to the bill of lading. 

(i) The binding or non-binding 

estimate. 

(ii) The inventory. 

(16) Any identification or registration 

number you assign to the shipment. 

(17) A statement that the bill of lading 

incorporates by reference all the 

services included on the estimate. 

* * * * * 

(d) You must retain a copy of the bill 

of lading for each move you perform for 

at least 1 year from the date you created 

the bill of lading. 

(e) You, your agent, or your driver 

must inform the individual shipper if 

you reasonably expect a special or 

accessorial service is necessary to safely 

transport a shipment. You must refuse 

to accept the shipment when you 

reasonably expect a special or 

accessorial service is necessary to safely 

transport a shipment and the individual 

shipper refuses to purchase the special 

or accessorial service. You must make a 

written note if the shipper refuses any 

special or accessorial services that you 

reasonably expect to be necessary. 

(f) You and the individual shipper 

must sign the bill of lading prior to the 

shipment being loaded. The bill of 

lading must be signed at both the origin 

and the destination. You must provide 

a dated copy of the bill of lading to the 

individual shipper at the time you sign 

the bill of lading. 

(g)(1) You may provide the individual 

shipper with blank or incomplete 

estimates, bills of lading, or any other 

blank or incomplete documents 

pertaining to the move. 

(2) You may require the individual 

shipper to sign an incomplete document 

prior to the shipment being loaded 

provided it contains all relevant 

shipping information except the actual 

shipment weight and any other 

information necessary to determine the 

final charges for all services performed. 

You may omit only that information that 

cannot be determined before loading, 

such as actual shipment weight in the 

case of shipments moved under nonbinding estimates or unforeseen charges 

incurred in transit. 

(3) You may not require an individual 

shipper to sign a blank document. 

(h) The bill of lading must be 

provided to, signed, and dated by the 

individual shipper at least 3 days before 

the shipment is scheduled to be loaded. 

You must provide the individual 

shipper the opportunity to rescind the 

bill of lading without any penalty for a 

3-day period after the individual 

shipper signs the bill of lading. If the 

individual shipper tenders additional 

items to be moved or requires additional 

services on the day of the move, 

resulting in a new binding estimate 

under § 375.403(a)(6)(ii) or a new nonbinding estimate under 

§ 375.405(b)(7)(ii), the corresponding 

changes to the bill of lading from the 

new estimate do not require a new 3-day 

period as otherwise required in this 

paragraph (h). 

■ 17. Amend § 375.605 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 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 specified in the bill of lading 

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 six 

ways: 

* * * * * 

■ 18. Amend § 375.801 by: 

■ a. Revising the section heading; and 

■ b. In paragraph (a), removing the 

words ‘‘freight or expense bill, or’’ and 

adding, in their place, the words 

‘‘invoice; or’’. 

The revision reads as follows: 

§ 375.801 What types of charges are 

subject to this subpart? 

* * * * * 

§ 375.803 [Amended] 

■ 19. Amend § 375.803 by removing the 

words ‘‘freight or expense bill’’ 

wherever they appear and adding, in 

their place, the word ‘‘invoice’’ and 

removing the words ‘‘of this subpart’’. 

§ 375.805 [Amended] 

■ 20. Amend § 375.805 by removing the 

words ‘‘freight bill’’ and adding, in their 

place, the word ‘‘invoice’’. 

§ 375.807 [Amended] 

■ 21. Amend § 375.807 by: 

■ a. Removing the words ‘‘freight bill’’ 

and adding, in their place, the word 

‘‘invoice’’ in the section heading and 

paragraphs (a) and (c)(1) through (3); 

and 

■ b. Removing the words ‘‘freight bills’’ 

and adding, in their place, the word 

‘‘invoices’’ in paragraphs (c)(3) and (4). 

■ 22. Revise appendix A to part 375 to 

read as follows: 

Appendix A to Part 375—Your Rights 

and Responsibilities When You Move 

General Requirements 

The Federal Motor Carrier Safety 

Administration’s (FMCSA) regulations 

protect consumers of interstate moves and 

define the rights and responsibilities of 

consumers (shippers) and household goods 

motor carriers (movers). 

The household goods motor carrier gave 

you this booklet to provide information about 

your rights and responsibilities as an 

individual shipper of household goods. Your 

primary responsibilities are to ensure that 

you understand the terms and conditions of 

the moving contract (bill of lading), and 

know what to do in case problems arise. 

The primary responsibility for protecting 

your move lies with you in selecting a 

reputable household goods mover or 

household goods broker, and making sure 

you understand the terms and conditions of 

your contract and the remedies that are 

available to you in case problems arise. 

Definitions and Common Terms 

Accessorial (Additional) Services—These 

are services such as packing, unpacking, 

appliance servicing, or piano carrying, that 

you request to be performed or are necessary 

because of landlord requirements or other 

special circumstances. 

Advanced Charges—Charges for services 

performed by someone other than the mover. 

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. 

Agent—A local moving company 

authorized to act on behalf of a larger 

national company. 

Appliance Service by Third Party—The 

preparation of major electrical appliances to 

make them safe for transportation. Charges 

for these services may be in addition to the 

line-haul charges. 

Bill of Lading—The receipt for your 

shipment and the contract for its 

transportation. 

Broker—A company that arranges for the 

transportation of household goods by a 

registered moving company. 

Collect on Delivery (COD)—This means 

payment is required at the time of delivery 

at the destination residence (or warehouse). 

Certified Scale—Any scale designed for 

weighing motor vehicles, including trailers or 

semitrailers 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 

that is properly inspected and certified. 


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Commercial Zone—A commercial zone is 

roughly equivalent to the local metropolitan 

area of a city or town. Moves that cross state 

lines within these zones are exempt from 

FMCSA’s commercial jurisdiction and, 

therefore, the moves are not subject to 

FMCSA household goods regulations. For 

example, a move between Brooklyn, New 

York, and Hackensack, New Jersey, would be 

within the New York City commercial zone. 

Although it crossed states lines, this move 

would not be subject to FMCSA household 

goods regulations. 

Estimate, Binding—This is a written 

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 your 

mover believes the cost will be, based upon 

the estimated weight of the shipment and the 

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, the services provided, and the 

tariff provisions in effect. 

Expedited Service—An agreement with the 

mover to perform transportation by a set date 

in exchange for an agreed upon additional 

charge. 

Flight Charge—An additional charge for 

carrying items up or down flights of stairs. 

Charges for these services may be in addition 

to the line-haul charges. 

Full Value Protection—The liability 

coverage option you are to receive for your 

shipment unless you waive this option in 

writing. It means your mover will process 

your loss and damage claim by replacing or 

repairing the item to restore its original like, 

kind, and quality. 

Guaranteed Pickup and/or Delivery 

Service—An additional level of service 

featuring guaranteed dates of service. Your 

mover will provide reimbursement to you for 

delays. This service may be subject to 

minimum weight requirements. 

High-Value Article—These are items 

valued at more than $100 per pound. 

Household Goods—As used in connection 

with transportation, household goods are the 

personal effects or property used, or to be 

used, in a dwelling, when part of the 

equipment or supplies of the dwelling belong 

to an individual shipper. Transporting of the 

household goods must be arranged for and 

paid by you or another individual on your 

behalf. 

Household Goods Motor Carrier—A motor 

carrier that, in the normal course of its 

business of providing transportation of 

household goods, offers some or all the 

following additional services: (1) Binding 

and non-binding estimates, (2) Inventorying, 

(3) Protective packing and unpacking of 

individual items at personal residences, and 

(4) Loading and unloading at personal 

residences. The term does not include a 

motor carrier when the motor carrier 

provides transportation of household goods 

in containers or trailers that are entirely 

loaded and unloaded by an individual (other 

than an employee or agent of the motor 

carrier). 

Individual Shipper—Any person who: 

1. Is the shipper, consignor, or consignee 

of a household goods shipment; 

2. Is identified as the shipper, consignor, 

or consignee on the face of the bill of lading; 

3. Owns the household goods being 

transported; and 

4. Pays his or her own tariff transportation 

charges. 

Impracticable Operations—Conditions 

which make it physically impossible for the 

mover to perform pickup or delivery with its 

normally assigned road-haul equipment so 

that the mover is required to use specialized 

equipment and/or additional labor to 

complete pickup or delivery of your 

shipment. A mover may require payment of 

additional charges for services required due 

to impracticable operations, even if you do 

not request these services. The specific 

services considered to be impracticable 

operations by your mover are defined in your 

mover’s tariff. 

Inventory—The detailed list of your 

household goods showing the quantity and 

condition of each item. 

Line-Haul Charges—The charges for the 

transportation portion of your move when a 

household goods mover transports your 

shipment. 

Household goods brokers or movers must 

provide you with basic information before 

you move. You should expect to receive the 

following information: 

• A written estimate 

• The ‘‘Ready to Move’’ Brochure (or a web 

link to access the document) 

• Information about the mover’s arbitration 

program 

• Written notice about access to the mover’s 

tariff 

• The process for handling claims 

• This booklet, Your Rights and 

Responsibilities When You Move (or a web 

link to access the document) 

You should avoid brokers and movers that 

are not registered with FMCSA or refuse to 

perform a physical survey of your household 

goods. If a broker or mover requires cash, 

FMCSA advises you to retain all receipts and 

supporting documents associated with the 

transaction. 

Customer’s Responsibilities 

As a customer, you have responsibilities 

both to your mover and to yourself. They 

include: 

• Reading all moving documents issued by 

the mover or broker. 

• Being available at the time of pickup and 

delivery of your shipment. If you are not 

available, you should appoint a 

representative to act on your behalf. 

• Promptly notifying your mover if 

something has changed regarding your 

shipment (i.e., move dates, additional items). 

• Making payment in the amount required 

and in the form agreed to with the mover 

based on the bill of lading document. 

• Promptly filing claims for loss, damage, 

or delays with your mover, if necessary. 

Estimates 

The two most important things to 

understand for your interstate move are: The 

types of estimates offered and the mover’s 

liability in the event of loss or damage. As 

you read further, you will discover that 

movers offer two different types of 

estimates—binding and non-binding. The 

type of estimate you select determines how 

the charges for your shipment will be 

calculated. The estimate provided by your 

mover will notify you of the two liability 

coverage options: Option 1—Full Value 

Protection and Option 2—Waiver of Full 

Value Protection (60 cents per pound). The 

mover’s liability is discussed in detail in the 

next section. 

FMCSA requires your mover to provide 

written estimates on every shipment 

transported for you. Your mover’s verbal 

quote of charges is not an official estimate 

since it is not in writing. Your mover must 

provide you with a written estimate of all 

charges including transportation, and 

accessorial and advanced charges (defined at 

the end of this booklet). This written estimate 

must be dated and signed by you and the 

mover. 

The estimate your mover provides you will 

include a statement notifying you of two 

options of liability coverage for your 

shipment: Full Value Protection and Waiver 

of Full Value Protection, Released Value of 

60 cents per pound per article. 

Your mover must provide an estimate 

based upon a physical survey of your 

household goods. A physical survey means a 

survey which is conducted on-site or 

virtually, that allows your mover to see the 

household goods to be transported. A 

physical survey must be performed unless 

you waive this requirement in writing. 

Please be aware that a household goods 

broker may only provide an estimate on a 

mover’s behalf if the broker has a written 

agreement with the mover and uses the 

mover’s published tariff. 

You and your mover may agree to change 

an estimate of charges based on changed 

circumstances, but only before your 

shipment is loaded. Your mover may not 

change an estimate after loading the 

shipment. There is more information about 

changes to estimates in the following 

sections. 

Binding Estimates 

A binding estimate guarantees that you 

cannot be required to pay more than the 

amount on the estimate at the time of 

delivery. However, if you add additional 

items to your shipment or request additional 

services, you and your mover may: 

• Agree to abide by the original binding 

estimate; 

• prepare a new binding estimate; or 

• agree to convert the binding estimate 

into a non-binding estimate. 

If you and the mover do not agree to one 

of the three options listed above, the mover 

is not required to service the shipment. If the 

mover does not give you a new binding 

estimate in writing, or agree in writing to 

convert the binding estimate to a non-binding 

estimate before your goods are loaded, the 

original binding estimate is reaffirmed. 

Under these circumstances, your mover 

should not charge or collect more than the 

amount of the original binding estimate at 

delivery for the quantities and services 

included in the estimate. 

If there are unforeseen circumstances (such 

as elevators, stairs, or required parking 


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permits) at the destination the mover can bill 

you for these additional expenses after 30 

days from delivery. Charges for services 

required because of impracticable operations 

(defined at the end of this booklet) are due 

at delivery, but may not exceed 15 percent 

of all other charges due at delivery; any 

remaining charges will be billed to you with 

payment due in 30 days from delivery. 

If you are unable to pay 100 percent of the 

charges on a binding estimate at delivery, 

your mover may place your shipment in 

storage at your expense. In an effort to 

schedule delivery of your shipment from 

storage, you will have to pay the required 

charges and storage fees, if listed in the 

tariffs, after your shipment arrives at the 

residence. 

Your mover may charge a fee to prepare a 

binding estimate. 

Non-Binding Estimates 

A non-binding estimate is intended to 

provide you with an estimate of the cost of 

your move. A non-binding estimate is not a 

guarantee of your final costs, but it should be 

reasonably accurate. The estimate must 

indicate that your final charges will be based 

upon the actual weight of your shipment, the 

services provided, and the mover’s published 

tariff. Therefore, the amount of your mover’s 

non-binding estimate may be different than 

the amount you ultimately must pay to 

receive your shipment. 

A non-binding estimate must be in writing 

and clearly describe the shipment and all 

services provided. Under a non-binding 

estimate, the mover cannot require you to 

pay more than 110 percent of the nonbinding estimate at the time of delivery. This 

does not excuse you from paying all the 

charges due on your shipment. The mover 

will bill you for any remaining charges after 

30 days from delivery. 

On the day of pick-up, if you have 

additional items to move, your mover must 

do one of two things prior to loading: 

• Reaffirm your non-binding estimate; or 

• prepare a new non-binding estimate to 

include all the items that are being moved. 

If you and the mover do not agree to one 

of the two options listed above, the mover is 

not required to service the shipment. If you 

are unable to pay 110 percent of the charges 

on a non-binding estimate at delivery, your 

mover may place your shipment in storage at 

your expense. In order to schedule delivery 

of your shipment from storage, you will 

likely have to agree to pay the required 

charges and storage fees, if listed in the 

tariffs, after your shipment arrives at the 

residence. 

Your mover must give you possession of 

your shipment if you pay 110 percent of a 

non-binding estimate or 100 percent of a 

binding estimate, plus 15 percent of the 

impracticable operations charges (if 

applicable). If your mover does not 

relinquish possession, the mover is holding 

your shipment hostage in violation of Federal 

law. 

Your Mover’s Liability and Your Claims 

In general, your mover is legally liable for 

loss or damage that occurs during the 

transportation of your shipment and all 

related services identified on the bill of 

lading. 

The extent of your mover’s liability is 

governed by the Surface Transportation 

Board’s Released Rates Order. The Surface 

Transportation Board is an independent 

Federal agency that has jurisdiction over 

HHG motor carrier tariffs and valuation for 

lost or damaged goods. You may obtain a 

copy of the current Released Rates Order by 

visiting the Surface Transportation Board’s 

website at: https://prod.stb.gov/wp-content/ 

uploads/files/docs/householdGoodsMoving/ 

41845.pdf. In addition, your mover may, but 

is not required to, offer to sell you separate 

third-party liability insurance. 

All moving companies are required to 

assume liability for the value of the 

household goods they transport. However, 

there are two different levels of liability that 

apply to interstate moves: Full Value 

Protection and Waiver of Full Value 

Protection—Released Value. It is important 

you understand the charges that apply and 

the amount of protection provided by each 

level. 

Full Value Protection 

This is the most comprehensive option 

available to protect your household goods, 

but it will increase the cost of your move. 

The initial cost estimate of charges that you 

receive from your mover must include this 

level of protection. Your shipment will be 

transported at this level of liability unless 

you waive Full Value Protection. Under your 

mover’s Full Value Protection level of 

liability, subject to the allowable exceptions 

in your mover’s tariff, if any article is lost, 

destroyed, or damaged while in your mover’s 

custody, your mover will, at its option, either 

(1) repair the article to the extent necessary 

to restore it to the same condition as when 

it was received by your mover, or pay you 

for the cost of such repairs; or (2) replace the 

article with an article of like, kind and 

quality, or pay you for the cost to replace the 

items. 

The exact cost for your shipment, 

including Full Value Protection, may vary by 

mover and may be further subject to various 

deductible levels. Full Value Protection will 

increase the cost of your move above the 

basic transportation cost. The minimum 

valuation level for determining the cost of 

Full Value Protection of your shipment is 

$6.00 per pound times the weight of your 

shipment. Your mover may use a higher 

minimum value, or you may declare a higher 

value for your shipment (at an additional 

cost). The charges that apply for providing 

Full Value Protection must be shown in your 

mover’s tariff. Ask your mover for the details 

under its specific program. 

Under this option, 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 $100 per 

pound (for example, jewelry, silverware, 

china, furs, antiques, oriental rugs, and 

computer software). 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. 

Waiver of Full Value Protection (Released 

Value of 60 Cents per Pound per Article) 

Released Value is minimal protection; 

however, it is the most economical protection 

available as there is no charge to you. Under 

this option, the mover assumes liability for 

no more than 60 cents per pound, per article. 

For example, if a 10-pound stereo component 

valued at $1,000 was lost or destroyed, the 

mover would be liable for no more than $6.00 

(10 pounds × $ .60). Obviously, you should 

think carefully before agreeing to such an 

arrangement. 

Third Party Insurance 

If you purchase separate third party cargo 

liability insurance 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 is liable for any claim for loss or 

damage. 

Shipments transported under a mover’s bill 

of lading may be subject to arbitration in the 

event of a dispute over loss or damage 

claims. However, disputes with third party 

insurance companies are not subject to 

FMCSA regulations. 

Reducing Your Mover’s Normal Liability 

The following are some actions that may 

limit or reduce your mover’s liability for loss 

or damage to your household goods: 

1. Your acts or omissions cause the loss or 

damage to occur. For example, improper 

packing of containers you pack yourself do 

not provide sufficient protection or you 

include perishable, dangerous, or hazardous 

materials in your shipment without your 

mover’s knowledge. Federal law forbids you 

to ship hazardous materials in your 

household goods boxes or luggage without 

informing your mover. 

2. You chose the Waiver of Full Value 

Protection—Released Value level of liability 

(60 cents per pound per article) but ship 

household goods valued at more than 60 

cents per pound per article. 

3. You declare a value for your shipment 

which is less than the actual value of the 

articles in your shipment. 

4. You fail to notify your mover in writing 

of articles valued at more than $100 per 

pound. (If you do notify your mover, 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.) 

Loss and Damage Claims 

Movers customarily take every precaution 

to make sure that, while your shipment is in 

their possession, no items are lost, damaged 

or destroyed. However, despite the 

precautions taken, articles are sometimes lost 

or destroyed during the move. You have the 

right to file a claim with your mover to be 

compensated for loss or damage. 

You have 9 months from the date of 

delivery (or in the event of loss for the entire 

shipment, from the date your shipment 

should have been delivered) to file your 

claim. 

The claim must be submitted in writing to 

your mover or to your mover’s third party 


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insurer for claim processing. After you 

submit your claim, your mover has 30 days 

to acknowledge receipt of it. The mover then 

has 120 days to provide you with a 

disposition. The mover might be entitled to 

60-day extensions if the claim cannot be 

processed or disposed of within 120 days. If 

an extension is necessary, your mover must 

notify you in writing. 

Delay Claims 

Delay claims are processed when you have 

contracted with your mover for guaranteed 

service for pickup and delivery. Your mover 

will outline on the bill of lading any penalty 

or per diem entitlements when there is a 

pickup delay and/or delivery delay. 

Moving Paperwork 

Do not sign entirely blank documents. And 

only sign incomplete documents where the 

only incomplete sections are for information 

that cannot be determined prior to loading, 

specifically the actual weight of your 

shipment, in the case of a non-binding 

estimate, and unforeseen charges that occur 

in transit or at destination. 

Inventory 

Your mover must prepare an inventory of 

your shipment. This is usually done at the 

time the mover loads your shipment. The 

mover is required to list any damage or 

unusual wear to any items. The purpose is 

to make a record of the existence and 

condition of each item before it is moved. 

After completing the inventory, both you 

and the mover must sign each page of the 

inventory. It is important that before signing 

you make sure the inventory lists every item 

in your shipment and that entries regarding 

the condition of each item are correct. You 

have the right to note any disagreement. 

When your shipment is delivered, if an item 

is missing or damaged, your ability to recover 

from the mover for any loss or damage may 

depend on the notations made on this form. 

The mover will give you a copy of each 

page of the inventory. Attach the complete 

inventory to your copy of the bill of lading. 

It is your receipt for the shipment. 

At the time your shipment is delivered, it 

is your responsibility to check the items 

delivered against the items listed on your 

inventory. If new damage is discovered, make 

a record of it on the inventory form. Call the 

damage to the attention of the mover and 

request that a record of the damage be made 

on the mover’s copy of the inventory. 

After the complete shipment is unloaded, 

the mover will request that you sign the 

mover’s copy of the inventory to show that 

you received the items listed. Do not sign 

until you have assured yourself that it is 

accurate and that proper notations have been 

entered regarding any missing or damaged 

items. Movers are prohibited from having 

you sign documents that release the mover 

from all liability for loss or damage to the 

shipment in exchange for delivery. 

Bill of Lading 

Your mover is required by law to prepare 

a bill of lading for your shipment. The bill 

of lading is the contract between you and the 

mover for the transportation of your 

shipment. This document is issued at least 3 

days prior to the pickup date. The 

information on the bill of lading is required 

to include all the information and charges 

associated with the transportation of your 

shipment. The driver who loads your 

shipment must give you a copy of the bill of 

lading before or at the time of loading your 

shipment. The bill of lading is an important 

document. Do not lose or misplace your 

copy. Keep it available until your shipment 

is delivered, all charges are paid, and all 

claims, if any, are settled. 

IT IS YOUR RESPONSIBILITY TO READ 

THE BILL OF LADING BEFORE YOU 

ACCEPT IT 

The bill of lading requires the mover to 

provide the service you requested and 

requires you to pay the charges for the 

service. 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 serves to identify the 

mover and specifies when the transportation 

is to be performed. Be sure that the portions 

of the bill of lading that note the dates when 

pickup and delivery are to be performed are 

completed and that you agree with the dates. 

The bill of lading also specifies the terms and 

conditions for payment of the total charges 

and the maximum amount required to be 

paid at the time of delivery for shipments 

moving under a binding estimate. In the case 

of shipments moving under non-binding 

estimates, the bill of lading will not include 

a final calculation of charges because that 

cannot be determined until the shipment is 

weighed. However, the bill of lading must 

contain all relevant shipment information— 

except the shipment weight that will be 

determined after the shipment has been 

weighed and any unforeseen charges that 

occur in transit or at destination. 

The bill of lading must include the 

following 17 items: 

1. The legal or trade name (i.e., doing 

business as name) of the mover as it is 

registered with FMCSA, to include its 

physical address. 

2. The names, telephone numbers, 

addresses, and USDOT Numbers of any 

motor carriers, when known, who will 

participate in transportation of the shipment. 

3. Your name, address, and, if available, 

telephone number(s). 

4. The form of payment the mover and its 

agents will honor at delivery. The payment 

information must be the same that was 

entered on the estimate. 

5. When transportation is on a collect-ondelivery basis, the name, address, and if 

furnished, the telephone number, facsimile 

number, or email address of a person to 

notify about the charges. The notification 

may also be made by overnight courier or 

certified mail, return receipt requested. 

6. 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. 

7. For guaranteed service, subject to tariff 

provisions, the dates for pickup and delivery, 

and any penalty or per diem entitlements due 

to you. 

8. The actual date of pickup. 

9. The company or motor carrier 

identification number of the vehicle(s) that 

will transport your shipment. 

10. The terms and conditions for payment 

of the total charges, including notice of any 

minimum charges. 

11. The maximum amount your mover will 

demand at the time of delivery in order for 

you to obtain possession of the shipment, 

when you transport under a collect-ondelivery basis. 

12. The valuation statements provided in 

the Surface Transportation Board (STB)’s 

released rates order. These statements require 

individual shippers either to accept Full 

Value Protection for their liability or to waive 

the Full Value Protection in favor of the 

STB’s released rates. The released rates may 

be increased annually by the motor carrier 

based on the U.S. Department of Commerce’s 

Cost of Living Adjustment. Contact the STB 

for a copy of the Released Rates of Motor 

Carrier Shipments of Household Goods. If the 

individual shipper waives your Full Value 

Protection in writing on the STB’s valuation 

statement, you must include the charges, if 

any, for optional valuation coverage (other 

than Full Value Protection). 

13. 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. 

14. 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 your mover provides service for you 

on rates based upon the transportation of a 

minimum weight or volume, your mover 

must indicate on the bill of lading the 

minimum weight- or volume-based rates, and 

the minimum charges applicable to the 

shipment. 

(ii) If your mover does not indicate the 

minimum rates and charges, your mover’s 

tariff must provide information to compute 

the final charges relating to such a shipment 

based upon the actual weight or volume of 

the shipment. 

15. Each attachment to the bill of lading is 

an integral part of the contract. That includes 

the binding or non-binding estimate, 

inventory and any signed waiver documents 

associated with the shipment. 

16. Any identification or registration 

number assigned to the shipment. 

17. A statement that the bill of lading 

incorporates by reference all the services 

included on the estimate, including any new 

estimate prepared by the mover. 

The bill of lading must be signed and dated 

by you and your mover at origin and 

destination. 

Invoice 

At the time of payment of transportation 

charges, your mover must give you an 

invoice 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 the invoice. 

Except in those instances where a 

shipment is moving on a binding estimate, 

the invoice must specifically identify each 

service performed, the rate or charge per 


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24452 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

service performed, and the total charges for 

each service. If this information is not on the 

invoice, do not accept or pay the invoice. 

Your mover must deliver your shipment 

upon payment of 100 percent of a binding 

estimate or 110 percent of a non-binding 

estimate, plus the full cost of any additional 

services that you required after the contract 

was executed and any charges for 

impracticable operation, not to exceed 15 

percent of all other charges due at delivery. 

If you do not pay the transportation charges 

due at the time of delivery, your mover has 

the right, under the bill of lading, to refuse 

to deliver your shipment. The mover may 

place your shipment in storage, at your 

expense, until the charges are paid. 

On shipments paid in advance, your mover 

must present its invoice for all transportation 

charges within 15 days of the date your 

mover delivered the shipment. This period 

excludes Saturdays, Sundays, and Federal 

holidays. 

On shipments paid upon delivery, your 

mover must present its invoice for all 

transportation charges on the date of 

delivery, or, at its discretion, within 15 days 

calculated from the date the shipment was 

delivered at your destination. This period 

excludes Saturdays, Sundays, and Federal 

holidays. Bills for additional charges based 

on the weight of the shipment will be 

presented after 30 days from delivery; 

charges for impracticable operations not paid 

at delivery are due within 30 days of the 

invoice. 

Your mover’s invoice and accompanying 

written notices must state the following five 

items: 

1. Penalties for late payment 

2. The period of time for any credit extended 

3. Service or finance charges 

4. Collection expense charges 

5. Any applicable discount terms 

Weight Tickets 

Your mover must obtain weight tickets if 

your shipment is moving under a nonbinding estimate. Each time your shipment is 

weighed, a separate weight ticket must be 

obtained and signed by the weigh master. If 

both weighings are performed on the same 

scale, one weight ticket may be used to 

record both weighings. The weight tickets 

must be presented with the invoice. 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 mover identification of 

the vehicle. 

5. The last name of the individual shipper 

as it appears on the bill of lading. 

6. The mover’s shipment registration or bill 

of lading number. 

Additional information regarding weighing 

shipments is located later in this booklet. 

Collection of Charges 

Your mover must issue you an honest and 

truthful invoice for each shipment 

transported. When your shipment is 

delivered, you will be expected to pay either: 

(1) 100 percent of the charges on your 

binding estimate, or (2) 110 percent of the 

charges on your non-binding estimate. You 

will also be requested to pay the charges for 

any services that you requested (for example, 

waiting time, an extra pickup or delivery, 

storage) after the contract with your mover 

was executed that were not included in the 

estimate, and any charges for services 

performed in conjunction with impracticable 

operations, not to exceed 15 percent of all 

other charges due at delivery. Your mover 

will bill you after your shipment is delivered 

for any remaining services. 

You should verify in advance what method 

of payment your mover will accept. Your 

mover must note in writing on the bill of 

lading the forms of payment it accepts at 

delivery. Do not assume your mover will 

accept payment by credit card unless it is 

clearly indicated on the bill of lading. 

If you do not pay the charges due at the 

time of delivery, the mover has the right to 

refuse to deliver your shipment and to place 

it into storage at your expense until the 

charges are paid. It is standard procedure for 

you to pay the charges due at delivery prior 

to the mover unloading the shipment at 

destination, in accordance with the terms 

specified on the bill of lading. 

If your shipment is transported by two or 

more trucks, the mover may require payment 

for each portion as it is delivered. You mover 

may delay the collection of all the charges 

until the entire shipment is delivered, at its 

discretion. When you confirm your shipment 

transportation with your mover, you should 

ask the mover about this policy. 

Your mover can only collect the charges on 

the percentage of the shipment that was 

successfully delivered. For example, if you 

receive a binding estimate of $1,000 to move 

1,000 pounds of your goods, and 50 percent 

of that shipment is lost, then the mover can 

only collect 50 percent of the estimate or 

$500. If the estimate is non-binding then only 

50 percent of the actual charges, not to 

exceed 110 percent of the estimate, can be 

collected, which would be $550. 

Your mover is forbidden from collecting, or 

requiring you to pay, any freight charges 

(including any charges for accessorial or 

terminal services) when your shipment is 

totally lost or destroyed in transit, unless the 

loss or destruction was due to an act or 

omission by you. However, if you receive 

Full Value Protection on your shipment, you 

will be required to pay the premium to 

process your claim for the total loss. 

Transportation of Your Shipment 

Pickup and Delivery 

Before you move, be sure to reach an 

agreement with your mover on the dates for 

pickup and delivery of your shipment. It is 

your responsibility to determine on what 

date your shipment will be picked up and the 

date or timeframe you require delivery. Once 

an agreement is reached, your mover must 

enter those dates on the bill of lading. Upon 

loading your shipment, your mover is 

contractually bound to provide the service 

described in the bill of lading. 

The mover might use the term ‘‘delivery 

spread’’ as the timeframe in which you can 

expect your shipment to be delivered. This 

means that your shipment could arrive 

anytime during the delivery spread. The 

mover is required to give you a 24-hour 

advance notice of when they plan to arrive 

with your shipment. At that time, you must 

be available to accept delivery or your 

shipment could be placed in storage at your 

expense. 

When you and the mover agree to a 

delivery date, or to a range of dates, it is your 

responsibility to be available to accept 

delivery on any of those dates. The same 

applies when you and the mover agree to 

alternate delivery dates. 

Do not agree to have your shipment picked 

up or delivered ‘‘as soon as possible.’’ The 

dates or periods you and your mover agree 

upon should be definite. 

If you request the mover to change the 

dates for your shipment, most movers will 

agree to do so if the change will not result 

in unreasonable delay to their equipment or 

interfere with another customer’s move. 

However, the mover is not required to change 

the dates and can place your shipment in 

storage at your expense if you are unwilling 

or unable to accept delivery on the agreed 

dates. 

The only reason your mover would be 

excused from providing a service as 

described in the bill of lading is because of 

‘‘force majeure.’’ This is a legal term which 

means an unforeseen change of 

circumstances beyond the control of the 

mover. For example, if there were a major 

snow storm that prevented your mover from 

servicing your shipment as outlined in the 

bill of lading, your mover would not be 

responsible for damages resulting from its 

nonperformance. 

If your mover fails to pick up or deliver 

your shipment on the agreed date or during 

the delivery spread, and you have expenses 

that you otherwise would not have, you may 

be able to recover these expenses from the 

mover through a delay of shipment claim. 

Ask your mover before you move what 

payment or other arrangements you can 

expect if your shipment is delayed through 

the fault of the mover. 

Your mover must transport your household 

goods in a timely manner. This is also known 

as ‘‘reasonable dispatch service.’’ If you have 

arranged for a guaranteed delivery date, the 

terms of that agreement with your mover 

apply. 

When your mover is unable to meet either 

the pickup or delivery dates or provide 

service during the periods of time specified 

in the bill of lading, your mover must notify 

you of the delay. The mover must advise you 

of the dates or periods of time it may be able 

to pick up and/or deliver your shipment. 

Your mover must provide this information in 

writing. 

Early Delivery 

If you are unable to accept delivery before 

the first day of the delivery spread, then your 

mover may place your shipment in storage in 

a warehouse located in proximity to the 

destination. 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 has full responsibility 


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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 24453 

for the charges for re-delivery, handling, and 

storage until it makes the final delivery. 

Storage in Transit 

You may request your mover to store your 

household goods before delivering them. 

Your mover must notify you in writing or in 

person at least 10 days before the expiration 

date of: 

1. The specified period of time when your 

mover is to hold your shipment in storage. 

2. The maximum period of time provided 

in its tariff for storage-in-transit. 

If your mover holds your household goods 

in storage-in-transit for less than 10 days, 

your mover must notify you, 1 day before the 

storage-in-transit period expires of the same 

information specified above. 

When the storage period is about to expire, 

your mover must notify you in writing about 

the following four items: 

1. The date when storage-in-transit will 

covert to permanent storage. 

2. The existence of a 9-month period after 

the date of conversion to permanent storage, 

during which 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. When your mover’s liability will end for 

loss and damage. 

4. When your shipment will become 

subject to the rules, regulations, and charges 

of the management of the storage facility. 

Weighing Shipments 

If your mover transports your household 

goods on a non-binding estimate, your mover 

must determine the actual weight of your 

shipment on a certified scale in order to 

calculate its lawful tariff charge. If your 

mover provided a binding estimate, the 

weight of the shipment will not affect the 

charges you will pay, so there is no 

requirement to weigh shipments moving 

under binding estimates. 

Most movers have a minimum weight 

charge for transporting a shipment. If your 

shipment appears to weigh less than the 

mover’s minimum weight, your mover must 

state the minimum cost on the bill of lading. 

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, not upon the minimum weight. 

Usually, your shipment will be weighed in 

the city or local area where the shipment 

originates. The driver has the truck weighed 

before coming to your residence and then has 

it weighed again after your shipment has 

been loaded. The difference in these two 

weights is the weight of your shipment. 

The mover may also weigh your shipment 

at its destination when the shipment is 

delivered. The driver will have the truck 

weighed with your shipment on board and 

then weighed a second time after your 

shipment has been unloaded. Each time a 

weighing is performed, the driver is required 

to obtain an official weight ticket signed by 

the weigh master of a certified scale and a 

copy of the weight tickets must accompany 

your copy of the bill of lading. Shipments of 

less than 3,000 pounds may be weighed on 

a certified warehouse scale. 

You have the right, and your mover must 

inform you of your right, to observe all 

weighing of your shipment. Your mover must 

tell you where and when each weighing will 

occur. Your mover must give you a 

reasonable opportunity to be present to 

observe the weighing. You may waive your 

right to observe weighing; however, you must 

waive that right in writing. 

If your shipment is weighed at origin and 

you believe that the weight may not be 

accurate, you have the right to request that 

the shipment be reweighed before it is 

unloaded. The mover is not permitted to 

charge you for the reweighing, but the final 

charges due will be based on the reweigh 

weight, even if it is more than the initial 

weight. 

If you request notification of the actual 

weight and charges of your shipment, your 

mover must comply with your request if it is 

moving your household goods on a collecton-delivery basis. This requirement is 

conditioned upon you supplying your mover 

with contact information. 

Notification of Delivery 

You must receive the mover’s notification 

at least 24-hours before the scheduled 

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 

situations: 

1. When your mover weighs your shipment 

at destination. 

2. When pickup and delivery encompasses 

two consecutive weekdays, if you agree. 

3. When the maximum payment at time of 

delivery is 110 percent of the estimated 

charges, if you agree. 

Resolving Disputes With Your Mover 

The FMCSA maintains regulations to 

govern the processing of loss and damage 

claims; however, we cannot resolve these 

claims on your behalf. If you cannot reach a 

settlement with your mover, you have the 

right to request arbitration from your mover. 

All movers are required to participate in an 

arbitration program, and your mover is 

required to provide you with a summary of 

its arbitration program before you sign the 

bill of lading. 

Arbitration gives you the opportunity to 

resolve loss or damage claims and certain 

types of disputed charges through a neutral 

arbitrator. You may find submitting your 

claim to arbitration is a less expensive and 

more convenient way to seek recovery of 

your claim than filing a lawsuit. You are not 

required to submit to arbitration in the event 

of a dispute. However, if you request 

arbitration for a claim for $10,000 or less, the 

mover must agree to arbitration and the 

arbitrator’s decision is binding on the parties. 

Further, the mover is not required to agree to 

arbitration if the claim exceeds $10,000. If 

the mover does agree, the arbitrator’s 

decision will be binding on both you and the 

mover. 

You may choose to pursue a civil action in 

a court of appropriate jurisdiction in lieu of 

arbitration. Legal action may be initiated by 

filing a claim in your State and serving 

papers on the mover’s process agent in your 

State. You may file in State court or (if the 

amount of the claim is more than $10,000) in 

Federal court. You may obtain the mover’s 

process agent information in your State by 

contacting FMCSA at (800) 832–5660. You 

may also obtain the name of the mover’s 

process agent via the internet by following 

the instructions below. 

1. Go to http://li-public.fmcsa.dot.gov. 

2. Scroll to the bottom of the page and click 

on CONTINUE. 

3. At the top of the screen click on 

CHOOSE MENU OPTION, for the drop-down 

box and select CARRIER SEARCH, then press 

GO. 

4. Type in the USDOT or MC number for 

the motor carrier. 

5. Click on HTML. 

6. Scroll to the bottom of the page, see 

BLANKET COMPANY, and click on the link. 

7. You will see a list of process agents by 

State, locate the process agent for your State. 

The FMCSA cannot settle your dispute 

with your mover. You must resolve your own 

loss and damage and/or moving charge 

disputes with your mover. 

You entered into a contractual agreement 

with your mover. Therefore, you are bound 

by each of the following terms and 

conditions: 

1. The terms and conditions you accepted 

when you signed the bill of lading. 

2. The terms and conditions you accepted 

when you signed for delivery of your 

shipment. 

3. Any additional terms and conditions 

you agreed to with your mover. 

If your mover refuses to deliver your 

shipment unless you pay an amount the 

mover is not entitled to charge, contact 

FMCSA immediately at (888) 368–7238. 

Important Points To Remember 

1. Movers must give written estimates. The 

estimates may be either binding or nonbinding. Non-binding estimates are 

‘‘approximations’’ only, and the actual 

transportation charges you are eventually 

required to pay may be higher than the 

estimated price. 

2. Do not sign blank documents. Verify the 

document is complete before you sign. In 

limited situations, it may be appropriate to 

sign an incomplete document if the only 

information that does not appear in your 

moving paperwork is the actual weight of 

your shipment (in the case of a non-binding 

estimate) and unforeseen charges that occur 

in transit or at destination. 

3. Be sure you understand the mover’s 

responsibility for loss or damage. For more 

information see FMCSA’s brochure titled, 

‘‘Understanding Valuation and Insurance 

Options’’ https://www.fmcsa.dot.gov/protectyour-move/valuation-insurance. 

4. Understand the type of liability to which 

you agree. Ask yourself if 60 cents per pound 

is enough coverage for your household goods 

or whether you need to purchase additional 

valuation. 

5. Notify your mover if you have high 

value items. High value items are valued at 

more than $100 per pound. 

6. You have the right to be present each 

time your shipment is weighed. You also 


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24454 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules and Regulations 

have the right to request a reweigh at no 

charge. 

7. Confirm with your mover the types of 

payment acceptable prior to the delivery of 

your shipment. 

8. Consider requesting arbitration to settle 

disputed claims with your mover. 

9. You should know if the company you 

are dealing with is a household goods motor 

carrier (mover) or household goods broker, 

and if they are registered with FMCSA. Go 

to www.protectyourmove.gov for this 

information. 

10. Do not sign the delivery receipt if it 

contains any language releasing or 

discharging your mover or its agents from 

liability. Strike out such language before 

signing, or refuse delivery if the mover 

refuses to provide a proper delivery receipt. 

Issued under authority delegated in 49 CFR 

1.87. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–08808 Filed 4–25–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140818679–5356–02; RTID 

0648–XB963] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 2022 

Red Snapper Recreational For-Hire 

Fishing Season in the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the 2022 

recreational fishing season for the 

Federal charter vessel/headboat (forhire) component for red snapper in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf) through this 

temporary rule. The red snapper 

recreational for-hire component in the 

Gulf EEZ opens on June 1, 2022, and 

will close at 12:01 a.m., local time, on 

August 19, 2022. This closure is 

necessary to prevent the Federal for-hire 

component from exceeding its quota 

and to prevent overfishing of the Gulf 

red snapper resource. 

DATES: The closure is effective at 12:01 

a.m., local time, on August 19, 2022, 

until 12:01 a.m., local time, on January 

1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Luers, NMFS Southeast Regional 

Office, telephone: 727–551–5719, email: 

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes red 

snapper, is managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The final rule implementing 

Amendment 40 to the FMP established 

two components within the recreational 

sector fishing for Gulf red snapper: the 

private angling component, and the 

Federal for-hire component (80 FR 

22422, April 22, 2015). Amendment 40 

also allocated the red snapper 

recreational ACL (recreational quota) 

between the components and 

established separate seasonal closures 

for the two components. The Federal 

for-hire component’s red snapper 

annual catch target (ACT) is 9 percent 

below the for-hire component quota (85 

FR 9684, February 20, 2020; 50 CFR 

622.41(q)(2)(iii)(B)). 

The red snapper for-hire component 

seasonal closure is projected from the 

component ACT. Projecting the for-hire 

component’s seasonal closure using the 

ACT reduces the likelihood of the 

harvest exceeding the component quota 

and the total recreational quota. 

All weights described in this 

temporary rule are in round weight. 

The Federal for-hire component 2022 

ACT for red snapper in the Gulf EEZ is 

2.848 million lb (1.292 million kg) (50 

CFR 622.41(q)(2)(iii)(B)). 

The 2022 Federal Gulf red snapper 

for-hire fishing season has been 

determined to be 79 days based on 

NMFS’ projection of the date landings 

are expected to reach the component 

ACT. For details about the calculation of 

the projection for 2022, see https://

www.fisheries.noaa.gov/southeast/ 

sustainable-fisheries/gulf-mexicorecreational-red-snapper-management. 

Therefore, the 2022 recreational season 

for the Federal for-hire component will 

begin at 12:01 a.m., local time, on June 

1, 2022, and close at 12:01 a.m., local 

time, on August 19, 2022. 

On and after the effective date of the 

Federal for-hire component closure, the 

bag and possession limits for red 

snapper for Federal for-hire vessels are 

zero. When the Federal for-hire 

component is closed, these bag and 

possession limits apply in the Gulf on 

board a vessel for which a valid Federal 

for-hire permit for Gulf reef fish has 

been issued, without regard to where 

such species were harvested, i.e., in 

state or Federal waters. In addition, a 

person aboard a vessel that has been 

issued a charter vessel/headboat permit 

for Gulf reef fish any time during the 

fishing year may not harvest or possess 

red snapper in or from the Gulf EEZ 

when the Federal charter vessel/ 

headboat component is closed. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is taken under 50 CFR 

622.41(q)(2)(i) and (ii), which was 

issued pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. 

Such procedures are unnecessary 

because the rule implementing the 

recreational red snapper quotas and 

ACTs, and the rule implementing the 

requirement to close the for-hire 

component when its ACT is projected to 

be reached have already been subject to 

notice and comment, and all that 

remains is to notify the public of the 

closure. Such procedures are contrary to 

the public interest because many forhire operations book trips for clients in 

advance and require as much notice as 

NMFS is able to provide to adjust their 

business plans to account for the fishing 

season. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 20, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–08810 Filed 4–25–22; 8:45 am] 

BILLING CODE 3510–22–P 


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