[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Rules and Regulations]
[Pages 47386-47387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17931]



[[Page 47386]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 375

[Docket No. FMCSA-97-2979]
RIN 2126-AA32


Transportation of Household Goods; Consumer Protection 
Regulations; Corrections

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Correcting amendments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
published in the Federal Register of June 11, 2003, an interim final 
rule revising the requirements governing the interstate transportation 
of household goods (68 FR 35064). On March 5, 2004, at 69 FR 10570, we 
issued technical amendments to the interim final rule and its appendix, 
the consumer pamphlet Your Rights and Responsibilities When You Move. 
On April 2, 2004, we issued further technical amendments to the rule 
and appendix, and established a new compliance date of May 5, 2004, for 
the rule (69 FR 17313). In subpart E of the amended rule appendix, two 
paragraphs were not properly updated to reflect the technical changes 
relating to orders for service and bills of lading. In addition, four 
sections of the rule appendix published on June 11, 2003, and March 5, 
2004, contained an erroneous statutory citation for the provision under 
which a person may seek judicial redress for alleged loss of or damage 
to household goods by a carrier. Finally, the introductory sentence to 
a list of requirements in subpart D of the appendix misstated the 
number of elements in the list. This document corrects the interim 
final rule by revising these sections of the appendix.

DATES: Effective on August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. James Keenan, Office of Commercial 
Enforcement, (202) 385-2400, Federal Motor Carrier Safety 
Administration, Suite 600, 400 Virginia Avenue, SW., Washington, DC 
20024.

SUPPLEMENTARY INFORMATION: On June 11, 2003, FMCSA published an interim 
final rule revising the requirements governing the interstate 
transportation of household goods (68 FR 35064). On March 5, 2004, we 
issued technical amendments to the interim final rule and its 
appendix--Appendix A to Part 375, the consumer pamphlet Your Rights and 
Responsibilities When You Move (69 FR 10570). On April 2, 2004, we 
issued further technical amendments to the rule and appendix, and 
established a new compliance date of May 5, 2004, for the rule (69 FR 
17313).
    In May 2004, attorneys for both Atlas World Group, Inc. and Wheaton 
Van Lines, Inc. contacted us concerning an incorrect statutory citation 
in four sections of Appendix A to Part 375. These sections of the 
consumer pamphlet advise individual shippers of their right to seek 
restitution for loss of or damage to their household goods by bringing 
a civil action against the mover. Ms. Marian Weilert Sauvey, General 
Counsel for Atlas World Group, informed us of the incorrect citation in 
electronic mail correspondence of May 6, 2004; Mr. James P. Reichert, 
General Counsel for Wheaton Van Lines, Inc., noted the error in a 
letter of May 10, 2004.
    As Ms. Sauvey and Mr. Reichert stated, it is 49 U.S.C 14706, not 
section 14704, that establishes carrier liability for loss and damage 
and sets forth the minimum period for bringing a civil action against a 
carrier. Section 14704, in contrast, entitles a person to file a civil 
action against a carrier to enforce an order of the U.S. Department of 
Transportation or the Surface Transportation Board, or to seek redress 
for certain regulatory violations. We have corrected Appendix A to Part 
375 by replacing each of the four occurrences of ``49 U.S.C. 14704'' 
with ``49 U.S.C. 14706.'' In the last of these revisions (the third 
paragraph of the section Do I Have a Right To File a Claim To Recover 
Money for Property My Mover Lost or Damaged? under subpart H of the 
appendix), we also made minor editorial changes to the last two 
sentences of the paragraph and combined the sentences. The revised 
sentence reads: ``You may also obtain the name of a process agent via 
the Internet by going to http://www.fmcsa.dot.gov and then clicking on 
Licensing and Insurance (L&I) section.''
    In his letter, Mr. Reichert also brought to our attention certain 
language in subpart E of Appendix A that is not fully consistent with 
49 CFR 375.501(h) and 375.505(e), as amended on March 5, 2004. The 
amended regulations make clear that household goods carriers have the 
option of placing the Surface Transportation Board's required released 
rates valuation statement, and any charges for optional valuation 
coverage, on either the order for service or the bill of lading. In 
contrast, subparagraph (10) of the section Must My Mover Write Up an 
Order for Service? and subparagraph (12) of Must My Mover Write Up a 
Bill of Lading? imply that the carrier must include the released rates 
valuation statement and any charges for valuation coverage on the order 
for service as well as on the bill of lading. We have corrected 
subparagraph (10) of Must My Mover Write Up an Order for Service? by 
adding to the first sentence an introductory clause clarifying that the 
order for service must include the released rates valuation statement 
and any valuation coverage charges only if the mover has not provided 
them on the bill of lading. Conversely, a new introductory clause in 
subparagraph (12) of Must My Mover Write Up a Bill of Lading? makes it 
clear that the bill of lading must include the released rates valuation 
statement and any valuation coverage charges only if these were not 
provided in the order for service. These corrections ensure that the 
information provided to consumers on the requirement for the released 
rates valuation statement is consistent with amended Sec. Sec.  
375.501(h) and 375.505(e).
    Finally, we have corrected an error in the introductory sentence to 
a list of requirements in the section Non-Binding Estimates under 
subpart D of the appendix. The sentence described the list as 
containing 9 elements, when in fact it includes 10.
    Section 375.213 requires movers to furnish the information in the 
rule appendix to prospective customers as the consumer pamphlet Your 
Rights and Responsibilities When You Move. For movers with Internet 
access, printing copies of the amended rule appendix need not be 
burdensome. The corrections have been incorporated in the electronic 
version Appendix A--Your Rights and Responsibilities When You Move 
posted on FMCSA's Web site at http://www.fmcsa.dot.gov/, where it can 
be downloaded and printed.

List of Subjects in 49 CFR Part 375

    Advertising, Arbitration, Consumer protection, Freight, Highways 
and roads, Insurance, Motor carriers, Moving of household goods, 
Reporting and recordkeeping requirements.


0
Accordingly, 49 CFR part 375 is corrected by making the following 
correcting amendments:

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

0
1. The authority citation for part 375 continues to read as follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 13301, 13704, 13707, 14104, 
14706; and 49 CFR 1.73.


[[Page 47387]]



0
2. In Appendix A to Part 375, amend subpart B by revising the third 
paragraph of the section How Must My Mover Handle Complaints and 
Inquiries? and revising the first paragraph of the section Must My 
Mover Have an Arbitration Program? to read as follows:

Appendix A to Part 375--Your Rights and Responsibilities When You Move

* * * * *

Subpart B--Before Requesting Services From Any Mover

* * * * *

How Must My Mover Handle Complaints and Inquiries?

* * * * *
    Interstate movers are also required to offer neutral arbitration 
as a means of resolving consumer loss or damage disputes involving 
loss of or damage to household goods. Your mover is required to 
provide you with information regarding its arbitration program. You 
have the right to pursue court action under 49 U.S.C. 14706 to seek 
judicial redress directly rather than participate in your mover's 
arbitration program.
* * * * *

Must My Mover Have an Arbitration Program?

    Your mover must have an arbitration program for your use in 
resolving disputes concerning loss or damage to your household 
goods. You have the right not to participate in the arbitration 
program. You may pursue court action under 49 U.S.C. 14706 to seek 
judicial remedies directly. Your mover must establish and maintain 
an arbitration program with the following 11 minimum elements:
* * * * *

0
3. In Appendix A to Part 375, amend subpart D by revising the fifth 
paragraph of the section Non-Binding Estimates to read as follows:
* * * * *

Subpart D--Estimating Charges

* * * * *

How Must My Mover Estimate Charges Under the Regulations?

* * * * *

Non-Binding Estimates

* * * * *
    Other requirements of non-binding estimates include the 
following 10 elements:
* * * * *

0
4. In Appendix A to Part 375, amend subpart E by revising paragraph 
(10) of the section Must My Mover Write Up an Order for Service? and 
revising paragraph (12) of the section Must My Mover Write Up a Bill of 
Lading? to read as follows:
* * * * *

Subpart E--Pickup of My Shipment of Household Goods

Must My Mover Write Up an Order for Service?

* * * * *
    (10) If not provided in the bill of lading, the Surface 
Transportation Board's required released rates valuation statement, 
and the charges, if any, for optional valuation coverage. The STB's 
required released rates may be increased annually by your mover 
based on the U.S. Department of Commerce's Cost of Living 
Adjustment.
* * * * *

Must My Mover Write Up a Bill of Lading?

* * * * *
    (12) If not provided in the order for service, the Surface 
Transportation Board's required released rates valuation statement, 
and the charges, if any, for optional valuation coverage. The 
Board's required released rates may be increased annually by your 
mover based on the U.S. Department of Commerce's Cost of Living 
Adjustment.
* * * * *

0
5. In Appendix A to Part 375, amend subpart F by revising the eighth 
paragraph of the section Must My Mover Transport the Shipment in a 
Timely Manner? to read as follows:
* * * * *

Subpart F--Transportation of My Shipment

Must My Mover Transport the Shipment in a Timely Manner?

* * * * *
    If your mover fails to pick up and deliver your shipment on the 
date entered on the bill of lading and you have expenses you 
otherwise would not have had, you may be able to recover those 
expenses from your mover. This is what is called an inconvenience or 
delay claim. Should your mover refuse to honor such a claim and you 
continue to believe you are entitled to be paid damages, you may 
take your mover to court under 49 U.S.C. 14706. The Federal Motor 
Carrier Safety Administration (FMCSA) has no authority to order your 
mover to pay such claims.
* * * * *

0
6. In Appendix A to Part 375, amend subpart H by revising the third 
paragraph of Do I Have a Right To File a Claim To Recover Money for 
Property My Mover Lost or Damaged? to read as follows:
* * * * *

Subpart H--Collection of Charges

* * * * *

Do I Have a Right To File a Claim To Recover Money for Property My 
Mover Lost or Damaged?

* * * * *
    While the Federal Government maintains regulations governing the 
processing of loss and damage claims (49 CFR part 370), it cannot 
resolve those claims. If you cannot settle a claim with the mover, 
you may file a civil action to recover your claim in court under 49 
U.S.C. 14706. You may obtain the name and address of the mover's 
agent for service of legal process in your state by contacting the 
Federal Motor Carrier Safety Administration. You may also obtain the 
name of a process agent via the Internet by going to http://www.fmcsa.dot.gov and then clicking on Licensing and Insurance (L&I) 
section.
* * * * *

    Issued on: July 30, 2004.
Annette M. Sandberg,
Administrator.
[FR Doc. 04-17931 Filed 8-4-04; 8:45 am]
BILLING CODE 4910-EX-P