[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Rules and Regulations]
[Pages 5171-5173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2549]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 1310
[STB Ex Parte No. 555]
Household Goods Tariffs
AGENCY: Surface Transportation Board, Transportation.
ACTION: Final rules.
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SUMMARY: The Surface Transportation Board (Board) adopts regulations
governing the tariffs that motor carriers and freight forwarders are
required to maintain for the transportation of household goods; and
establishing the notice requirements with which household goods
carriers must comply in order to be entitled to enforce the provisions
of their tariffs against individuals whose shipments are subject to
such tariffs. These regulations reflect changes effected by the ICC
Termination Act of 1995.
EFFECTIVE DATE: These rules are effective March 6, 1997.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: The Board's decision adopting these
regulations is available to all persons for a charge by phoning DC NEWS
& DATA, INC., at (202) 289-4357.
Small Entities
The Board certifies that these rules will not have a significant
economic effect on a substantial number of small entities.
Environment
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects in 49 CFR Part 1310
Household goods carriers, Moving of household goods, Tariffs.
Decided: January 22, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, the Board adds a new
part 1310 to title 49, chapter X, of the Code of Federal Regulations to
read as follows:
PART 1310--TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS
Sec.
1310.1 Scope; Definitions.
1310.2 Requirement to maintain tariffs.
1310.3 Contents of tariffs.
1310.4 Incorporation of tariff provisions by reference.
1310.5 Availability of tariffs at carrier offices.
1310.6 Furnishing copies of tariff publications.
Authority: 49 U.S.C. 721(a), 13702(a), 13702(c) and 13702(d).
Sec. 1310.1 Scope; Definitions.
(a) The provisions of this part address the tariff requirements
imposed by 49 U.S.C. 13702 on motor carriers and freight forwarders for
the transportation of household goods, and the notice requirements with
which such carriers must comply in order to be entitled to enforce the
provisions of their tariffs against individuals whose shipments are
subject to such tariffs.
(b) The provisions of this part apply to all movements of household
goods defined in paragraph (c)(1) of this section, and to those
movements of household goods defined in paragraph (c)(2) of this
section that are not provided under contracts entered into pursuant to
49 U.S.C. 14101(b) or former
[[Page 5172]]
49 U.S.C. 10702 (repealed January 1, 1996).
(c) For the purposes of this part, the term household goods means
personal effects and property used or to be used in a dwelling, when a
part of the equipment or supply of such dwelling, and similar property
if the transportation of such effects or property is:
(1) Arranged and paid for by the householder, including
transportation of property from a factory or store when the property is
purchased by the householder with intent to use in his or her dwelling;
or
(2) Arranged and paid for by another party.
(d) For the purposes of this part service terms means all
classifications, rules, regulations and practices that affect the
rates, charges, or level of service for movements of household goods.
Sec. 1310.2 Requirement to maintain tariffs.
(a) Except when providing transportation for charitable purposes
without charge, carriers subject to the Board's jurisdiction under
Chapter 135 of Title 49 of the United States Code may provide
transportation or service for movements of household goods only if the
rates, and related rules and practices, for such transportation or
service are contained in a published tariff that is in effect under
this section. The carrier may not charge or receive a different
compensation for the transportation or service than the rate specified
in the tariff, whether by returning a part of that rate to a person, by
giving a person a privilege, by allowing the use of a facility that
affects the value of that transportation or service, or through another
device. Tariffs shall be published in the English language and rates
shall be stated in money of the United States.
(b) Tariffs maintained pursuant to this part must be available for
inspection by the Board, and must be provided to the Board promptly and
free of charge, upon request, by mail or other delivery service.
(c) A carrier that maintains a tariff pursuant to this part may not
enforce the provisions of the tariff unless the carrier has given
notice that the tariff is available for inspection in its bill of
lading or by other actual notice to individuals whose shipments are
subject to the tariff, as provided in Sec. 1310.4 of this part.
(d) The Board may invalidate a tariff prepared by or on behalf of a
carrier under this part if that tariff violates 49 U.S.C. 13702 or the
regulations contained in this part.
Sec. 1310.3 Contents of tariffs.
(a) Tariffs prepared under this part must include an accurate
description of the services offered to the public; must provide the
specific applicable rates, charges and service terms; and must be
arranged in a way that allows for the determination of the exact rate,
charges and service terms applicable to any given shipment. Increases,
reductions and other changes must be symbolized or highlighted in some
way to facilitate ready identification of the changes and their
effective dates.
(b) All information necessary to determine applicable rates,
charges and service terms for a given shipment need not be contained in
a single tariff, but if multiple tariffs are used to convey that
information, the tariff containing the rates must make specific
reference to all other tariffs required to determine applicable rates,
charges and service terms. The carrier(s) party to the rate(s) must
participate in all of the tariffs so linked and all such tariffs must
be made available to shippers upon reasonable request.
Sec. 1310.4 Incorporation of tariff provisions by reference.
(a) Carriers that maintain tariffs pursuant to this part may
incorporate the terms of such tariffs by reference (i.e., without
stating their full text) into the bill of lading or other document
embodying the contract of carriage for the transportation of household
goods, provided that:
(1) The bill of lading or other document must contain a conspicuous
notice that the contract of carriage incorporates the terms of the
carrier's tariffs; the carrier must give notice that its tariffs are
available for inspection in its bill of lading or by other actual
notice to individuals whose shipments are subject to such tariffs; and
the carrier must make the full text of incorporated terms readily
available for inspection by the shipper, free of charge, upon request.
If such terms cannot be made available immediately, they must be made
available promptly and free of charge by mail or other delivery
service.
(2) If the incorporated terms include any of the terms set forth in
paragraphs (a)(2)(i) through (a)(2)(iii) of this section, the notice on
the bill of lading or other document must indicate that such terms are
included; the shipper must be provided with a brief summary of the
principal features of such terms on or with the document; and the
shipper must be able to obtain a more complete explanation of such
terms upon request.
(i) Limits on the carrier's liability for loss, damage, or delay of
goods, including fragile or valuable goods.
(ii) Claim restrictions, including time periods within which
shippers or consignees must file a claim or bring an action against the
carrier for its acts or omissions or those of its agents.
(iii) Rights of the carrier to impose monetary penalties on
shippers or consignees, increase the price of the transportation, or
change any terms of the contract.
(b) A carrier may not claim the benefit as against a shipper or
consignee of, and a shipper or consignee shall not be bound by, any
tariff term that is incorporated by reference under this section unless
the carrier has complied with the requirements of paragraph (a) of this
section.
(c) The disclosure requirements established by this section preempt
any State requirements on the same subject, for tariff terms that are
incorporated by reference into the bill of lading or other document
embodying the contract of carriage for the transportation of household
goods.
Sec. 1310.5 Availability of tariffs at carrier offices.
(a) Each carrier shall maintain, at its principal office, a
complete set of its effective tariffs and those to which it is a party.
(b) Each carrier shall also maintain some or all of its tariffs at
its other business offices, upon request. Carriers shall provide
information regarding all locations where tariffs may be viewed.
(c) At all points where tariffs are maintained, they shall be made
available for inspection by any person during the carrier's normal
business hours. The tariffs shall be accessible and readable. The
carrier shall also display, in a conspicuous place in those locations,
a notice, in large print, which contains a statement that the tariffs
are available for public inspection.
(d) At all other carrier business offices, the carrier shall
display a notice advising the public of the location of the nearest
available tariff. The notice shall be in large print and posted in a
conspicuous place. In addition, the carrier shall, upon request, make
its tariffs available at that location as soon as possible but not
later than within 20 days, or provide the sought information orally if
satisfactory to the requestor.
(e) Any publication referred to in a tariff must be maintained with
that tariff.
(f) If any tariff maintained pursuant to paragraph (b) of this
section has not been used for a substantial length of time, the
availability of that tariff,
[[Page 5173]]
including its reissues, may be discontinued at that office until such
time as it is again requested. It shall then be made available within
20 days.
Sec. 1310.6 Furnishing copies of tariff publications.
(a) Copies of tariffs, specific tariff provisions or tariff
subscriptions shall be provided upon request to any interested person.
(b) Except for providing to shippers the full text of tariff terms
incorporated by reference into the bill of lading or other document
embodying the contract of carriage for the transportation of household
goods, as described in Sec. 1310.4(a)(1), carriers may assess charges
for furnishing copies of tariff publications to interested persons. If
a charge is made, the charge must be reasonable, and identical for the
same publications and delivery service.
[FR Doc. 97-2549 Filed 2-3-97; 8:45 am]
BILLING CODE 4915-00-P
