[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47918-47921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19596]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


Information Collection Activities (Released Rates)

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice and Request for Comments.

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SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives 
notice of its intent to seek from the Office of Management and Budget 
(OMB) approval of the information collections (here third-party 
disclosures) required under the Board's decision in Released Rates of 
Motor Common Carriers of Household Goods, Docket No. RR 999 (Amendment 
No. 5) (served Jan. 21, 2011 (2011 Decision) and Jan.10, 2012

[[Page 47919]]

(2012 Decision) and modified on May 15, 2012). Under 49 U.S.C. 13501, 
13531, and 14706(f)(2), the Board is charged with oversight of certain 
motor carrier tariffs (the published rates that interstate movers of 
household goods charge for the services they offer). More specifically, 
the Interstate Commerce Act requires that such a mover offer what are 
known as ``full-value'' rates, which are rates under which the mover 
will be liable for the full value of any lost or damaged cargo. Full-
value has been defined by statute to mean the ``replacement value'' of 
the goods (the cost to the consumer to replace the items lost or 
damaged (49 CFR 375.201)). Additionally, the Board and its predecessor 
agency, the Interstate Commerce Commission, have authorized moving 
companies to offer consumers a lower, ``released'' rate under which the 
carrier is released from full liability for lost or damaged cargo and 
assumes less than the statutory level of cargo liability for an 
interstate move.
    In its 2011 Decision and notice (76 FR 5,431), the Board issued 
preliminary regulations implementing a Congressional directive to 
enhance consumer protection in the case of loss or damage that occurs 
during interstate household-good moves. See Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU), Sec.  4215, Public Law 109-59, 119 Stat. 1144, 1760 
(2005). The 2011 Decision required movers to provide certain 
information concerning the two available cargo-liability options on the 
written estimate form--the first form that a moving company must give 
to a customer. In response to comments, the 2012 Decision modified the 
disclosure requirements proposed in the 2011 Decision (See 77 FR 15187-
01). Subsequently, in response to further public comments, the Board 
issued a March 9, 2012 decision and notice postponing the effective 
date of the new requirements until May 15 (See 77 FR 15187-01). These 
disclosure requirements, which fall within the definition of 
information collections under the PRA (see 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c)), are described in more detail below and appear in full in 
the appendices to this notice.
    Comments are requested concerning: (1) The accuracy of the Board's 
burden estimates; (2) ways to enhance the quality, utility, and clarity 
of the information collected; (3) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology when appropriate; and (4) whether the collection of 
information is necessary for the proper performance of the functions of 
the Board, including whether the collection has practical utility. 
Submitted comments will be summarized and included in the Board's 
request for OMB approval.

Description of Collections

    Title: Disclosure of released rates.
    OMB Control Number: 2140-NEW.
    STB Form Number: None.
    Type of Review: Existing collections in use without an OMB control 
number.
    Respondents: Household goods movers that desire to offer a rate 
limiting their liability on interstate moves to anything less than 
replacement value of the goods.
    Number of Respondents: 4,500 (approximate number of motor carriers 
and freight forwarders involved in authorized for-hire household goods 
carriage in the United States according to AMSA (American Moving and 
Storage Association).
    Frequency: One time. (Movers need only modify the standard 
documents that they already distribute.)
    Total Burden Hours (annually including all respondents): We 
estimate that 15 of the approximately 4,500 household goods movers are 
large firms that print their own forms and that it will take each of 
these large firms no more than 24 hours to produce the modified forms, 
resulting in a total start-up burden of 360 hours (24 x 15). Annualized 
over the three years covered by OMB's approval, this results in an 
annual burden of 120 hours. The household goods carrier already knows 
its released rate. It is merely adding that rate to a document that it 
already distributes to the customer.
    Total ``Non-hour Burden'' Cost: There will be a startup cost to the 
remaining approximately 4485 movers/freight forwarders that are small 
companies that will use the services of a professional printer to 
replace their existing stock of outdated forms (estimated at 500 
copies). This cost is expected to be $460 per mover, based on 
information supplied by the American Moving & Storage Association. 
Therefore, the total non-hour burden cost is estimated at a one-time 
expense of $2,063,100. Annualized over the three years covered by OMB's 
approval, this results in an annual burden of $687,700.
    Needs and Uses: Moving companies must inform consumers of their 
rights and obtain a signed waiver if the consumer elects anything other 
than full-value protection. See Released Rates of Motor Common Carriers 
of Household Goods, RR 999 (Amendment No. 4) (STB served June 13, 
2007). Previously, consumers were sometimes confused and did not 
realize that they had waived full value protection until after they had 
experienced damage to or loss of their goods. The information 
collection that is the subject of this notice is intended to correct 
this problem by providing early notice regarding the two liability 
options (full-value protection and the lower released-rate protection), 
as well as adequate time and information to help consumers decide which 
option to choose.

DATES: Comments on this information collection should be submitted by 
October 9, 2012.

ADDRESSES: Direct all comments to Marilyn Levitt, Surface 
Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or 
to [email protected]. When submitting comments, please refer to 
``Paperwork Reduction Act Comments, Motor Carrier Released Rates.''

FOR FURTHER INFORMATION CONTACT: Marilyn Levitt at (202) 245-0269 or at 
[email protected]. [Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.]

SUPPLEMENTARY INFORMATION: Under the PRA, a Federal agency conducting 
or sponsoring a collection of information must display a currently 
valid OMB control number. A collection of information, which is defined 
in 44 U.S.C. 3502(3) and 5 C.F.R. 1320.3(c), includes agency 
requirements that persons submit reports, keep records, or provide 
information to the agency, third parties, or the public. Under Sec.  
3506(c)(2)(A) of the PRA, Federal agencies are required to provide, 
prior to an agency's submitting a collection to OMB for approval, a 60-
day notice and comment period through publication in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information.

    Dated: August 6, 2012.
Jeffrey Herzig,
Clearance Clerk.

Appendix 1

Notice Required on Estimate Form/Computer Screen

    The following notice shall be placed in a prominent place, in at 
least 12-point type, on a moving company's required written estimate 
(if printed). If the estimate is provided electronically, this 
statement must be of a size that, when printed on 8 by 12 inch 
paper, equates to 12-point type.

[[Page 47920]]

    WARNING: If a moving company loses or damages your goods, there 
are 2 different standards for the company's liability based on the 
types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A 
FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING 
COMPANY IS LIABLE FOR THE FULL (REPLACEMENT) VALUE OF YOUR GOODS in 
the event of loss of, or damage to, the goods. This form may also 
contain an estimate of the cost of a move in which the moving 
company is liable for FAR LESS than the replacement value of your 
goods, typically at a lower cost to you. You will select the 
liability level later, on the bill of lading (contract) for your 
move. Before selecting a liability level, please read ``Your Rights 
and Responsibilities When You Move,'' provided by the moving 
company, and seek further information at the government Web site 
www.protectyourmove.gov.

Appendix 2

Valution Statement Required on Bill of Lading

    The following notice shall be placed in a prominent place, in at 
least 10-point type, on a moving company's required bill of lading 
(if printed). If the bill of lading is provided electronically, this 
statement must be of a size that, when printed on 8 by 12 inch 
paper, equates to 10-point type.

REQUIRED VALUATION CLAUSE AND ESTIMATE OF COST OF SHIPMENT AT FULL-
VALUE PROTECTION

THE CONSUMER MUST SELECT ONE OF THESE OPTIONS FOR THE CARRIER'S 
LIABILITY FOR LOSS OR DAMAGE TO YOUR HOUSEHOLD GOODS

CUSTOMER'S DECLARATION OF VALUE

THIS IS A STATEMENT OF THE LEVEL OF CARRIER LIABILITY--IT IS NOT 
INSURANCE

    Option 1:
    The Cost Estimate that you receive from your mover MUST INCLUDE 
Full (Replacement) Value Protection for the articles that are 
included in your shipment. If you wish to waive the Full 
(Replacement) Value level of protection, you must complete the 
WAIVER of Full (Replacement) Value Protection shown below.
    Full (Replacement) Value Protection is the most comprehensive 
plan available for protection of your goods. 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 of such a replacement. Under Full (Replacement) 
Value Protection, if you do not declare a higher replacement value 
on this form prior to the time of shipment, the value of your goods 
will be deemed to be equal to $6.00 multiplied by the weight (in 
pounds) of the shipment, subject to a minimum valuation for the 
shipment of $6,000. Under this option, the cost of your move will be 
composed of a base rate plus an added cost reflecting the cost of 
providing this full value cargo liability protection for your 
shipment.
    If you wish to declare a higher value for your shipment than 
these default amounts, you must indicate that value here. Declaring 
a higher value may increase the valuation charge in your cost 
estimate.
    The Total Value of my shipment is: -------- (to be provided by 
customer)
    Dollar Estimate of the cost of your move at Full (Replacement) 
Value Protection: ------------------------ (to be provided by 
carrier)
    I acknowledge that for my shipment I have: 1) ACCEPTED the Full 
(Replacement) Level of protection included in this estimate of 
charges and declared a higher Total Value of my shipment (if 
appropriate); and 2) received a copy of the ``Your Rights and 
Responsibilities When You Move'' brochure explaining these 
provisions.
    X ------------------------ --------
    Customer's signature Date

    --OR--
    Option 2:
    WAIVER of Full (Replacement) Value Protection. This lower level 
of protection is provided at no additional cost beyond the base 
rate; however, it provides only minimal protection that is 
considerably less than the average value of household goods. Under 
this option, a claim for any article that may be lost, destroyed, or 
damaged while in your mover's custody will be settled based on the 
weight of the individual article multiplied by 60 cents. For 
example, the settlement for an audio component valued at $1,000 that 
weighs 10 pounds would be $6.00 (10 pounds times 60 cents).
    Dollar Estimate of the cost of your move under the 60-cents 
option: --------.
    COMPLETE THIS PART ONLY if you wish to WAIVE The Full 
(Replacement) Level of Protection included in the higher cost 
estimate provided [above] [on the prior page] for your shipment and 
instead select the LOWER Released Value of 60-cents-per-pound Per 
Article; to do so you must initial and sign on the lines below.
    I wish to Release My Shipment to a Maximum Value of 60-cents-
per-pound per Article.
    --------
    (Initials)
    I acknowledge that for my shipment I have: 1) WAIVED the Full 
(Replacement) Level of protection, for which I have received an 
estimate of charges, and 2) received a copy of the ``Your Rights and 
Responsibilities When You Move'' brochure explaining these 
provisions.
X------------------------
Customer's signature
--------
Date

Appendix 3

    (Optional language that carriers may choose to include in the 
Required Valuation Clause printed in Appendix 2)

Deductibles

    You may also select one of the following deductible amounts 
under the Full (Replacement) Value level of liability that will 
apply for your shipment. (If you do not make a selection, the ``No 
Deductible'' level of full value protection that is included in your 
cost estimate will apply):
    [List here all deductibles offered, with a space to fill in the 
estimate of cost of a full value move at that deductible filled in]

 
 Amount of Deductible and (Estimate of      Customer to write initials
            Total Cost Move)              beside selected of deductible
 
$0 Deductible (--------)...............  --------(Customer writes in
                                          initials to Select a
                                          deductible)
$XXX Deductible (--------).............  --------
$XXX Deductible (--------).............  --------
$XXX Deductible (--------).............  --------
 

    And so on.

Declaration of Article(s) of Extraordinary (Unusual) Value

    I acknowledge that I have prepared and retained a copy of the 
``Inventory of Items Valued in Excess of $100 Per Pound per 
Article'' that are included in my shipment and that I have given a 
copy of this inventory to the mover's representative. I also 
acknowledge that the mover's liability for loss of or damage to any 
article valued in excess of $100 per pound will be limited to $100 
per pound for each pound of such lost or damaged article(s) (based 
on actual article weight), not to exceed the declared value of the 
entire shipment, unless I have specifically identified such articles 
for which a claim for loss or damage may be made, on the attached 
inventory.
X------------------------
Customer's signature
--------
Date

Appendix 4

    The following notice shall be placed on the bill of lading for 
household goods shipments involving a motor carrier segment and an 
ocean segment.
    The provisions of the Carriage of Goods by the Sea Act and/or of 
49 U.S.C. 14706(f)(2) (a provision in the Interstate Commerce Act) 
permit us to offer ``released'' rates (reduced rates under which you 
will not be fully reimbursed if your shipment is lost, damaged, or 
destroyed), but they also require

[[Page 47921]]

that we offer rates that will better protect a consumer in the event 
of loss or damage to a shipment. Under the rates offered here, your 
reimbursement in the event of loss will be limited to --------------
--.
    We also offer higher levels of protection (at higher rates). 
Signing this document below indicates that you agree to pay and be 
bound by the terms of the released, limited-recovery rates.
X------------------------
Customer's signature
--------
Date

[FR Doc. 2012-19596 Filed 8-9-12; 8:45 am]
BILLING CODE 4915-01-P