[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1042]
[[Page Unknown]]
[Federal Register: January 14, 1994]
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INTERSTATE COMMERCE COMMISSION
49 CFR Part 1056
[Ex Parte No. MC-19 (Sub-No. 42)]
Practices of Motor Common Carriers of Household Goods;
Performance Reports
AGENCY: Interstate Commerce Commission.
ACTION: Final rules.
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SUMMARY: The Commission is adopting modifications to the Annual
Performance Report, Form OCP-101 (OCP-101), which sets forth
requirements that relate to carrier performance information given to
prospective individual shippers of household goods. This proceeding was
instituted to address concerns expressed by consumer groups and the
moving industry regarding the quality and reliability of the
information provided by household goods carriers in the OCP-101. The
modified OCP-101 requires objective disclosure by carriers of their
performance to prospective shippers and verification of accuracy of the
data contained in the reports.
EFFECTIVE DATE: The revised rules are effective February 13, 1994.
FOR FURTHER INFORMATION CONTACT: Charles E. Wagner (202) 927-5530 or
John Fristoe, (202) 927-5520. (TDD for hearing impaired: (202) 927-
5721.)
SUPPLEMENTARY INFORMATION: Currently, the Commission's rules require
household goods common carriers that transport 100 or more shipments to
individual shippers, as defined in the Commission's rules, to provide
information annually to the Commission about their previous year's
performance by filing an Annual Performance Report (Form OCP-101).
Under the new rules adopted in this decision, all household goods
common carriers will be required to file the OCP-101 annually. However,
only carriers that deliver 100 or more individual C.O.D. shipments will
be required to complete the major portion of the form (Part B) and
provide copies of it to prospective shippers. Part B of the OCP-101
shows a carrier's performance in the areas of estimating, on-time
performance, and claims handling in a calendar year for C.O.D. shippers
only. The OCP-101 must be filed with the Commission's Office of
Compliance and Consumer Assistance by March 31 of the following
calendar year.
A notice of proposed rulemaking was published on February 3, 1993,
at 58 FR 6912. Additional information is contained in the Commission's
decision. To obtain a copy of the full decision, write to, call, or
pick up in person from Dynamic Concepts, Inc., room 2229, Interstate
Commerce Commission Building, Washington, DC 20423. Telephone: (202)
289-4357/4359. [Assistance for the hearing impaired is available
through TDD services (202) 927-5721.]
Energy and Environmental Consideration
We conclude that modification of the regulations governing Form
OCP-101 will not significantly affect either the quality of the human
environment or the conservation of energy resources.
Regulatory Flexibility Analysis
Pursuant to 5 U.S.C. 605(b), we conclude that our action in this
proceeding will not have a significant economic impact on a substantial
number of small entities. We are modifying the OCP-101 requirements
that relate to a carrier's performance information given to prospective
individual shippers of household goods by motor common carriers of
household goods transporting 100 or more C.O.D. individual-type
shipments. The modified form will require verification of the data in
the report by a company official. The regulations will have some impact
on the administrative costs of preparing and duplicating the OCP-101
for smaller carriers (i.e., Class II and III carriers) of household
goods. The information required for completing that form is the type of
information already kept by such entities and the time required to
compile the data for that form should be minimal and vary
proportionately with the number of shipments transported by the
carrier. Although transportation consumers should benefit from the
availability of this information, the cost to small carriers should be
relatively minimal. Accordingly, it is unlikely that the economic
impact on these small entities will be significant within the meaning
of the Regulatory Flexibility Act.
List of Subjects in 49 CFR Part 1056
Advertising, Consumer protection, Freight, Insurance, Motor
carriers, Moving of household goods, Reporting and recordkeeping
requirements.
Decided: January 4, 1994.
By the Commission, Chairman McDonald, Vice Chairman Simmons,
Commissioners Phillips and Philbin.
Sidney L. Strickland, Jr.,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
part 1056 of the Code of Federal Regulations is amended as follows:
PART 1056--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE OR
FOREIGN COMMERCE
1. The authority citation for part 1056 continues to read as
follows:
Authority: 49 U.S.C. 10321, 11109, 11110 and 5 U.S.C. 553.
2. In Sec. 1056.2, paragraph (a)(3) is revised to read as follows:
Sec. 1056.2 Information for shippers.
(a) * * *
(3) A copy of Form OCP-101, Annual Performance Report, most
recently filed with the Commission, as prescribed in Sec. Sec. 1056.18,
if the carrier is required to complete part B of that form.
* * * * *
3. Section 1056.18 is revised to read as follows:
Sec. 1056.18 Preparation and filing of annual performance report.
(a) Filing requirement. Each motor common carrier for household
goods as defined in Sec. 1056.1(b) that delivers interstate shipments
to individual C.O.D. shippers, during any calendar year shall, on or
before March 31 of the following year, file with the Office of
Compliance and Consumer Assistance, Interstate Commerce Commission,
Washington, DC 20423-0001, a report of the service performed during the
report year. The report shall be submitted on Form OCP-101, and its
accuracy must be verified by an official of the carrier. All carriers
must complete part A of Form OCP-101, and those carriers transporting
100 or more shipments also must complete part B.
(b) Prescribed Annual Performance Report Form OCP-101.
Interstate Commerce Commission
Office of Compliance and Consumer Assistance
Annual Performance Report for Year Ended December 31, 19--
Carrier's Name---------------------------------------------------------
Carrier's Address------------------------------------------------------
ICC Number-------------------------------------------------------------
Part A
During the year, the total number of household goods shipments
(1st proviso) delivered for each type of shipper was:
1. C.O.D. shipments delivered under your common carrier
authority (excluding all Government, Freight Forwarder,
and Interline shipments).................................. __________
2. All other 1st proviso shipments (including all
Government, Freight Forwarder, and Interline shipments)... __________
3. Total of Lines 1 and 2 (NOTE: Total must agree with
total 1st proviso shipments reported in your ICC Annual
Report, Schedule 600, Line 7, Column d, if you are
required to file that report)............................. __________
Part B
Complete part B only if the C.O.D. delivered shipments reported
in part A, Line 1, equals or exceeds 100 shipments. The questions
and answers below deal only with the shipments reported in part A,
Line 1.
4. Number of C.O.D. shipments where the order for service
was based upon a written binding estimate (included are so-
called hybrid estimates such as Guaranteed Price and Price
Protection)............................................... __________
5. Number of C.O.D. shipments where the charges were based
on a written non-binding estimate......................... __________
6. Number of C.O.D. shipments where the charges were based
on other than a written binding or non-binding estimate... __________
7. Total of Lines 4, 5, and 6 (NOTE: Total should equal the
shipment count reported in part A, Line 1)................ __________
8. Percentage of shipments delivered where the final
charges exceeded the initial written binding estimate..... __________
9. Percentage of shipments delivered where the final
charges exceeded the initial written non-binding estimate
by 10% or more............................................ __________
10. Percentage of shipments that were picked up after the
last date for pickup listed on the order for service or
bill of lading............................................ __________
11. Percentage of shipments that were delivered after the
last date of delivery specified on the order for service
or bill of lading......................................... __________
12. Percentage of shipments delivered where there was a
claim filed (in excess of $200) for property damage or
loss...................................................... __________
13. Percentage of shipments delivered where there was a
claim filed (in excess of $200) for damages resulting from
late pickup or delivery................................... __________
14. Average number of days required to settle a claim (in
excess of $200)........................................... __________
15. Percentage of claims (in excess of $200) that were
resolved through the use of an arbitration program........ __________
16. Percentage of claims (in excess of $200) that were
resolved after the carrier received a legal notice of a
lawsuit filed by the shipper.............................. __________
Carrier's Oath (Must be Completed by a Carrier Official)
I, (name and title of company official), verify under penalty of
perjury, under the laws of the United States of America, that all
information supplied on this form or relative to the data contained
in the form is, to the best of my knowledge and belief, true,
correct and complete, based on all the information required to be
included therein, of which I have any knowledge, and these
representations are made in good faith. Further, I certify that I am
qualified and authorized to certify the accuracy of the data. I know
that willful misstatements or omission of material facts constitutes
Federal crime violations punishable under 18 U.S.C. Sec. 1001 by
imprisonment up to 5 years and fines up to $10,000 for each offense.
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Signature
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Title
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Date
(c) Instructions for Preparation of Annual Performance Report, Form
OCP-101.
Instructions for Preparation
General Instructions
1. Data for completion of Form OCP-101 may be obtained by random
sampling providing that in every instance, the universe sampled is
all shipments delivered under your common carrier authority
(excluding Government, Freight forwarder, and Interline traffic)
during the report year or all claims arising out of the
transportation of those shipments that were received or settled, as
appropriate, during the report year.
2. When random sampling is used, the minimum sample size in
every instance shall be 400 shipments or claims, as appropriate, in
replicates of 100 shipments or claims each. All samples must conform
to standard deviation with a 95% confidence level.
3. Carriers submitting Form OCP-101 shall retain and make
available for review by an authorized Commission employee all
working papers, notes, and other files relating to the preparation
of each report for a period of not less than 24 months following the
date of filing such a report.
4. The data in Form OCP-101 must be verified by a sworn
statement signed by an official of the company.
Specific Instructions
Part A
Line 1: Only report those 1st proviso C.O.D. shipments moved under
your common carrier authority after excluding all Government,
Freight forwarder and Interline traffic.
Line 2: Report all other 1st proviso shipments, including those
moving under contract carriage provisions and all Government,
Freight forwarder and Interline traffic.
Line 3: Sum lines 1 and 2. The total should agree with total 1st
proviso shipments reported in your ICC Annual Report, Schedule 600,
Line 7, Column d, if you are required to file that report.
Part B
It is not necessary to complete Part B if the total of C.O.D.
shipments reported on Part A, Line 1, did not equal or exceed 100
shipments. If completion of Part B is not required, sign the
Certification and return the form to the Interstate Commerce
Commission.
Line 4: Report only those C.O.D. shipments where the order for
service was signed after the receipt of a written binding estimate.
Include in this computation all so-called hybrid estimates (e.g.,
Guaranteed Price and Price Protection options).
Line 5: Report the total number of C.O.D. shipments where the order
for service was signed after the receipt of a written non-binding
estimate. In the case of non-binding estimates, the actual charges
are determined after the shipment has been picked up and weighed.
Line 6: Report only those C.O.D. shipments where there was no
requirement for the preparation of a binding or non-binding written
estimate by the carrier. As with non-binding estimates, the charges
here are determined after the shipment has been picked up and
weighed.
Line 7: Sum of Lines 4, 5, and 6. The number of shipments reported
on Line 7 should be the same as those reported in Part A, Line 1.
Computation of Percentages or Averages
You must determine the number of shipments falling into each of
the categories described in Lines 8 and 9, respectively, and divide
these shipments by the number of shipments reported on Lines 4 and
5, respectively.
You must determine the number of shipments falling into each of
the categories described in Lines 10 through 16 and divide these
shipments by the number of shipments reported on Line 7. (Exception:
Line 13 is an average, not a percentage.)
Line 8: Compute the percentage of those shipments delivered where
the final charges exceeded the written estimate initially provided
to the shipper because of changes agreed to by the carrier and
shipper in commodities transported and services provided.
Line 9: Compute the percentage of those shipments delivered under a
non-binding written estimate where the final charges exceeded the
written estimate provided to the shipper by 10% or more. The 10%
figure is used because every C.O.D. shipper is required to have
available 110% of the estimate at the time of delivery.
Line 10: Compute the percentage of those shipments where the actual
pickup date occurred after the last date for pickup promised on the
order for service or bill of lading.
Line 11: Compute the percentage of those shipments where the actual
delivery date occurred after the last date for delivery promised on
the order for service or bill of lading.
Line 12: Compute the percentage of those shipments where there was a
claim filed within 60 days of the actual date of delivery to the
residence. Only count those claims where the dollar value of the
amount claimed by the shipper exceeded $200 and resulted from
property damaged or lost. This excludes claims for late pickups and
deliveries which are reported on line 13.
Line 13: Compute the percentage of those shipments where there was a
claim filed within 60 days of the actual date of delivery to the
residence. Only count those claims where the dollar value of the
amount claimed by the shipper exceeded $200 and resulted from a late
pickup or delivery. Late pickups and deliveries are defined in
Instructions 10 and 11.
Line 14: Enter the average number of days required to pay, decline,
or make a firm compromise offer of settlement of all claims
exceeding $200 during the report year. For the purpose of this
report, a claim shall be considered to be a ``claim filed'' if it
meets the criteria set forth in Lines 11 and 12, and shall be
considered as paid, declined, or compromised on the date on which a
written offer is mailed or delivered in person to a claimant.
Line 15: Compute the percentage of the claims exceeding $200 arising
out of the transportation of shipments which were resolved during
the report year through the use of a dispute resolution or
arbitration procedure maintained or participated in by the carrier.
Line 16: Compute the percentage of the claims exceeding $200 arising
out of the transportation of shipments which were resolved during
the report year as a result of legal notice of suit to recover being
filed by the shipper.
[FR Doc. 94-1042 Filed 1-3-94; 8:45 am]
BILLING CODE 7035-01-P
