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[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Rules and Regulations]
[Page 17313-17318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-13]
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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
AGENCY: Federal Motor Carrier Safety Administration.
ACTION: Interim final rule; technical amendments; delay of compliance
date.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) makes
further technical amendments to the interim final rule published on
June 11, 2003, 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, the consumer pamphlet Your
Rights and Responsibilities When You Move (69 FR 10570). On March 16,
2004, the U.S. Department of Transportation (DOT) received from the
American Moving and Storage Association a petition for reconsideration
and stay of compliance date of the interim final rule and technical
amendments. In response to the petitioner's concerns, we are adopting
clarifying technical amendments to the interim final rule and
establishing a new compliance date for the rule. However, we believe
that certain amendments sought in the petition are not necessary, while
others are substantive in nature and will be considered along with
other potential substantive amendments in a future rulemaking
proceeding. Therefore, the
[[Page 17314]]
petition is granted in part and denied in part. Today's action is
intended to ensure that the household goods regulations and consumer
information are consistently accurate, clear, and unambiguous.
DATES: Effective Dates: The interim final rule (68 FR 35064) published
on June 11, 2003, was effective September 9, 2003. The technical
amendments published on March 5, 2004 (69 FR 10570) are effective April
5, 2004. Today's technical amendments are effective May 5, 2004.
Compliance Dates: The compliance date for the interim rule was
delayed indefinitely at 68 FR 56208 (September 30, 2003). The technical
amendments published on March 5, 2004, established a new compliance
date (April 5, 2004) for the interim rule, as amended. The compliance
date for the interim rule and the technical amendments published on
March 5, 2004, is delayed until May 5, 2004. The compliance date for
today's technical amendments is May 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.
Docket: For access to the docket to read background documents or
comments received, go to
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov
at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of DOT's dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477). This statement is also
available at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
In the Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-
159, December 9, 1999, 113 Stat. 1749), which established FMCSA as a
separate agency within DOT, Congress authorized the agency to regulate
motor carriers transporting household goods for individual shippers.
Our regulations setting forth Federal requirements for motor carriers
that provide interstate transportation of household goods are found in
49 CFR part 375. The regulations governing payment of transportation
charges are in 49 CFR part 377.
In May 1998, the Federal Highway Administration published a notice
of proposed rulemaking (NPRM) requesting comments on its proposal to
update the household goods regulations (63 FR 27126, May 15, 1998). The
Federal Highway Administration is the predecessor agency to FMCSA
within DOT.
The public submitted more than 50 comments to the NPRM. FMCSA
subsequently modified the substance of the proposal in light of
concerns raised by some of the commenters, and published an interim
final rule in June 2003 (68 FR 35064, Jun. 11, 2003). We published an
interim final rule rather than a final rule to allow the Office of
Management and Budget (OMB) additional time to complete its review of
information collection requirements.
In order to publish the rule text in the October 1, 2003, edition
of the Code of Federal Regulations (CFR), we established the interim
final rule's effective date as September 9, 2003. However, compliance
was not required until March 1, 2004. On August 25, 2003, we received
two petitions for reconsideration of the interim final rule. The
petitioners were (1) the American Moving and Storage Association (the
Association) and (2) United Van Lines, LLC and Mayflower Transit, LLC
(Unigroup). On the same date, the Association submitted a separate
Petition for Stay of Effective Date.
On September 30, 2003, FMCSA delayed the compliance date for the
rule indefinitely in order to consider fully the petitioners' concerns
(68 FR 56208). In separate letters to the petitioners dated December
23, 2003, we conveyed our decision to make some of the requested
changes through technical amendments to the interim final rule and to
further consider others that are substantive in nature in a future
rulemaking proceeding.
On March 5, 2004, FMCSA published technical amendments to the
interim final rule (69 FR 10570, Mar. 5, 2004). Some of the amendments
provided uniformity between the rule text and the appendix--the
consumer pamphlet Your Rights and Responsibilities When You Move--while
others clarified certain provisions, reflected current industry
practice, or corrected typographical errors. In addition, certain
technical amendments revised language that was contrary to the
statutory intent of the ICC Termination Act of 1995 (ICCTA) (Public Law
104-88, 109 Stat. 803), as codified at 49 U.S.C. 14104 and 14708.
The March 5, 2004, notice of technical amendments stated our intent
to consider certain substantive amendments requested by the petitioners
in a future rulemaking. As these substantive amendments involve changes
to prescribed operational practices of movers, and in some cases have a
direct impact on consumers, the public should be given an opportunity
to comment.
On March 16, 2004, we received from the Association a Petition for
Reconsideration and Stay of the Interim Final Rule and Technical
Amendments Compliance Date. In response to the petitioner's concerns,
we have made clarifying technical amendments to the interim final rule,
chiefly to its appendix, and established a new compliance date for the
rule.
However, as discussed in more detail below, we are not adopting all
of the Association's proposed changes. Therefore, its petition is
granted in part and denied in part.
All except one of the technical amendments being adopted today
appear in the consumer pamphlet Your Rights and Responsibilities When
You Move (Appendix A to Part 375). Section 375.213 requires movers to
furnish the information in this pamphlet to prospective customers. For
movers with Internet access, printing copies of the amended consumer
pamphlet need not be burdensome. The updated pamphlet is posted on
FMCSA's Web site, at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fmcsa.dot.gov/,
where it can be downloaded and printed.
Purpose of the Household Goods Regulations
The amended interim final rule, including today's technical
amendments, is intended to (1) increase the public's understanding of
the regulations with which movers must comply, and (2) help individual
shippers and the moving industry understand the roles and
responsibilities of movers, brokers, and shippers, to prevent moving
disputes. Individual shippers--substantial numbers of whom are either
relocating for business reasons or retired--may use for-hire truck
transportation services infrequently. Thus, these consumers may be
poorly informed about the regulations with which movers must comply and
have little understanding of how moving companies operate. The consumer
pamphlet Your Rights and Responsibilities When You Move is intended to
help individual shippers understand the regulations so that they can
make informed decisions in selecting a mover and planning a
satisfactory move.
[[Page 17315]]
Discussion of Today's Further Amendments to the Technical Amendments
Many of the technical amendments being adopted today conform the
appendix with the text of the regulations to ensure the consumer
information is consistently clear and explicit. The discussion below
groups the technical amendments into three subject areas--service
charges and extension of credit, billing periods, and movers' tariffs.
Service Charges and Extension of Credit
The Association pointed out a number of errors in the section of
the consumer pamphlet entitled May My Mover Extend Credit to Me?, under
subpart B of the appendix (Before Requesting Services from Any Mover).
Several paragraphs of this section, as published in the June 11, 2003,
interim final rule and unchanged in the technical amendments issued on
March 5, 2004, misinformed consumers both about the standard credit
period for household goods movers and about the rules on service
charges. This language contradicts our regulations at Sec. 375.807. We
have amended this section of the consumer pamphlet to reflect the
following requirements:
The standard credit period for household goods
movers is 7 days, not 15 days.
Movers may not establish their own standard
credit period of up to 30 calendar days.
Movers may not establish service charges since
their service charge amount is prescribed by Sec. 375.807(c)(2).
Movers may not establish additional service
charges since these too are prescribed by Sec. 375.807(c)(2).
No instructions apply to the movers' computation
of service charges.
Movers are not required to furnish explicit
advice to shippers about service charges.
Billing Period for Additional Services
Prior to the interim final rule published on June 11, 2003, our
regulations provided for a standard 15-day freight bill presentation
period for household goods collect-on-delivery (COD) shipments, except
for shipments moving under non-binding estimates where the
transportation charges exceeded 110 percent of the non-binding
estimate. Under these circumstances, the mover was required to defer
billing for the additional charges for 30 days after the delivery date
(see former sections 375.3(d) and 377.215).
The interim final rule retained this exception to the 15-day rule
in sections 375.407(d) and 375.801(b). It also added a second exception
to the 15-day rule--in sections 375.403(a)(7) and (8) and 375.405(b)(9)
and (10)--by requiring carriers to wait at least 30 days before billing
shippers for additional services provided after the household goods are
in transit. The Association objects to this requirement, and requests
it be removed.
However, amending the 30-day requirement would be a substantive
change to the regulations, requiring notice-and-comment rulemaking. We
will consider revisions to the billing period in a future rulemaking
proceeding. At that time, we also will consider changes to Sec. Sec.
375.403(a)(8) and 375.405(b)(10), related to individual shipper
requests for additional services after the household goods are in
transit. In the Association's view, movers have a right to payment
within the standard 15-day billing period when the shipper has
requested such additional services. This issue deserves careful
consideration, and we will ensure the public has an opportunity to
comment on any proposed changes.
In addition to its objection to the interim final rule's
establishment of a 30-day billing period for charges for additional
services, the Association finds the consumer pamphlet language of
Subpart D (Estimating Charges) inconsistent with that of Subpart H
(Collection of Charges). While Subpart D informs consumers that
additional services rendered cannot be billed prior to 30 days after
the date of delivery, Subpart H, under the section If I Forced My Mover
To Relinquish a Collect-on-Delivery Shipment * * *, cites a 15-day
billing period for ``all transportation charges.'' We agree that this
section of the consumer pamphlet should be clearer, and have amended it
by deleting the word ``all'' and adding the sentence: ``However,
charges exceeding 110 percent of a non-binding estimate, and charges
for additional services requested or found necessary after the shipment
is in transit, will be presented no sooner than 30 days after the date
of delivery.''
We made a related technical amendment to Sec. 375.403(a)(8). The
third sentence of that subparagraph now reads: ``You must bill for the
payment of the balance of any remaining charges for additional services
no sooner than 30 days after the date of delivery.''
The Association believes that Sec. Sec. 375.403(a)(7) and
375.405(b)(9) are in conflict with our regulation at Sec. 375.407(c).
We disagree, and believe that Sec. 375.407(c) is clear as written.
Under the regulations, movers must defer for 30 days billing for
charges in excess of 110 percent of a non-binding estimate and charges
for additional services provided after the shipment was in transit.
Although the latter requirement was introduced in the June 11 interim
final rule, the former has been in effect for more than 25 years.
Section Sec. 375.407(c) ends with the sentence ``After this 30-day
period, you may demand payment of the balance of any remaining charges,
as explained in Sec. 375.405.'' The cross-reference to Sec. 375.405
in this sentence makes it clear that ``any remaining charges'' for
which movers must defer billing include not only charges in excess of
110 percent of a non-binding estimate but also charges for additional
services provided after the goods are in transit. Therefore, we believe
that Sec. 375.407(c) does not require amendment.
With respect to the interim final rule's introduction of a
requirement that carriers wait 30 days to bill individual shippers for
additional services provided after the goods are in transit, we
inadvertently failed to incorporate this requirement in section 375.801
as amended March 5, 2004. We amended section 375.801 because, as
originally published, it applied only to binding estimates and did not
accurately reflect industry practice (see 69 FR 10572, Mar. 5, 2004).
In making this change, however, we inadvertently eliminated the
reference to the 30-day exceptions that had previously appeared in
sections 377.215 and 375.801(b). We did not intend to eliminate the
exception to the 15-day rule codified in 375.403(a)(7) and (8),
375.405(b)(9) and (10), and 375.407(d). Notice-and-comment rulemaking
would have been required in order to make such substantive changes.
Therefore, section 375.801(b) has a limited reach and should be
narrowly construed consistent with sections 375.403(a)(7) and (8),
375.405(b)(9) and (1) and 375.407(d).
Finally, we made two technical amendments to clarify the
regulations regarding billing periods in the consumer pamphlet Your
Rights and Responsibilities When You Move:
(1) At several points we added a clarifying parenthetical sentence:
``(Bills for charges exceeding 110 percent of a non-binding estimate,
and for additional services requested or found necessary after the
shipment is in transit, will be presented no sooner than 30 days after
the date of delivery.''). This was added in the section How Must My
Mover Collect Charges? under subpart B and in three sections of subpart
H (How Must My Mover Present Its Freight or Expense Bill to Me?; If I
Forced My Mover To Relinquish a Collect-on-Delivery Shipment Before the
Payment of ALL Charges, How Must My Mover Collect
[[Page 17316]]
the Balance?; and What Actions May My Mover Take To Collect From Me the
Charges Upon Its Freight Bill?).
(2) In the numbered subparagraph (7) of Binding Estimates (under
the section How Must My Mover Estimate Charges Under the Regulations?
of subpart D), we added to the second sentence the clarifying language
``for these additional services no sooner than 30 days after
delivery.'' The new sentence reads: ``Your mover must bill you for the
balance of any remaining charges for these additional services no
sooner than 30 days after the date of delivery.'' The phrase ``no
sooner than 30 days after the date of delivery'' also was added to the
last sentence of this subparagraph.
Movers' Tariffs
The petitions for reconsideration FMCSA received from the
Association and Unigroup on August 25, 2003, requested that we clarify
references to movers' tariffs by prefacing ``tariffs'' with the
adjectival phrase ``applicable portions of.'' In the technical
amendments published March 5, 2004, we made the requested change
(substituting ``applicable sections'' for ``applicable portions'') in
the section What Other Information Must My Mover Provide Me? under
subpart B of the consumer pamphlet. However, as the Association noted
in the petition we received on March 16, 2004, we failed to insert the
requested language in the section Non-Binding Estimates (also under
subpart B) of the pamphlet. We have amended the fifth sentence of the
second paragraph of that section as follows: ``That is why it is
important to ask for copies of the applicable portions of the mover's
tariffs before deciding on a mover.''
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
We have determined these technical amendments do not meet the
criteria for a ``significant regulatory action'' as specified in
Executive Order 12866 and within the meaning of DOT regulatory policies
and procedures (44 FR 11034, Feb. 26, 1979). This document was not
reviewed by the Office of Management and Budget.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), as amended
by the Small Business Regulatory Enforcement and Fairness Act (Public
Law 104-121), requires Federal agencies to analyze the impact of
rulemakings on small entities, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
As noted in the Regulatory Flexibility Act section of the interim
final rule published on June 11, 2003, and of the technical amendments
issued on March 5, 2004 (69 FR 10570), this rule does not impose a
significant economic impact on a substantial number of small entities.
The original rule issued by the former Interstate Commerce Commission
imposed paperwork requirements (creating, duplicating, and storing
records, and practicing inventory control for those records) that were
estimated at 785 hours for each entity (moving company). The interim
final rule published on June 11, 2003, increased this time-and-cost
burden by 458 hours, to an estimated total of 1,243 burden hours per
entity.
Today's further technical amendments do not increase the estimated
burden hours for compliance with the household goods transportation
regulations. The technical amendments respond to an industry petition,
and are intended to ensure the interim final is consistently clear,
unambiguous, and accurate. Most entities, including small entities,
already follow the principles, practices, and procedures captured in
these corrections to the technical amendments. Therefore, FMCSA
certifies that these technical amendments will not have a significant
impact on a substantial number of small entities.
Executive Order 13132 (Federalism)
The Federalism section in our interim final rule published on June
11, 2003, and of the technical amendments published on March 5, 2004
(69 FR 10570), noted that the rule has been analyzed in accordance with
the principles and criteria contained in Executive Order 13132, dated
August 4, 1999 (64 FR 43255, Aug. 10, 1999). State Attorneys General
and other State and local officials submitted comments to the May 1998
NPRM (63 FR 27126, May 15, 1998). We considered these comments in
developing the interim final rule, and placed the comments in the
rulemaking docket.
FMCSA certifies that the rule published on June 11, 2003, has
federalism implications because it directly impacts the distribution of
power and responsibilities among the various levels of government.
Federalism implications likewise attach to today's technical
amendments.
We have submitted a federalism summary impact statement for the
June 11, 2003, interim final rule to the Director of the Office of
Management and Budget.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 2 U.S.C.
1532) requires each agency to assess the effects of its regulatory
actions on State, local, and tribal governments and the private sector.
Any agency promulgating a final rule likely to result in a Federal
mandate requiring expenditures by a State, local, or tribal government
or by the private sector of $100 million or more in any one year must
prepare a written statement incorporating various assessments,
estimates, and descriptions that are delineated in the Act. FMCSA
determined that the changes in the June 11, 2003, interim final rule
will not have an impact of $100 million or more in any one year. No
significant additional impact is associated with today's further
technical amendments.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal agency must obtain approval from OMB for each
collection of information it conducts, sponsors, or requires through
regulations. FMCSA sought approval of the information collection
requirements in the ``Transportation of Household Goods; Consumer
Protection Regulations'' interim final rule published on June 11, 2003.
On June 19, 2003, OMB assigned control number 2126-0025 to this
information collection, and the approval expires on June 30, 2006.
OMB approved 600,000 annual responses, 4,370,037 annual burden
hours, and annual costs to respondents of $37,247,000. It also approved
FMCSA form number MCSA-2P to be used as part of the information
collection process. Today's technical amendments do not affect this
information collection.
A detailed analysis of the burden hours can be found in the OMB
Supporting Statement for this rule. The Supporting Statement and its
attachments are in Docket No. FMCSA-97-2979.
National Environmental Policy Act
The agency has analyzed these technical amendments for the purpose
of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321
et seq.). We have determined under our environmental procedures Order
5610.1, published March 1, 2004, that this action is categorically
excluded (CE) under Appendix 2, paragraph 6.m. of the Order from
further environmental documentation. This CE relates to regulations
implementing procedures
[[Page 17317]]
applicable to the operations of household goods carriers engaged in the
transportation of household goods. In addition, the agency believes
that the action includes no extraordinary circumstances that would have
any effect on the quality of the environment. Thus, we believe the
action does not require an environmental assessment or an environmental
impact statement.
We have also analyzed this action under the Clean Air Act, as
amended (CAA) section 176(c), (42 U.S.C. 7401 et seq.) and implementing
regulations promulgated by the Environmental Protection Agency. We have
preliminarily determined that approval of this action would be exempt
from the CAA's General Conformity requirement since it is merely a
technical amendment to an existing rule. See 40 CFR 93.153(c)(2). We
believe that it will not result in any emissions increase, nor will it
have any potential to result in emissions that are above the general
conformity rule's de minimis emission threshold levels. Moreover, we
believe it is reasonably foreseeable that the rule will not increase
total commercial motor vehicle mileage, change the routing of
commercial motor vehicles, change how commercial motor vehicles
operate, or change the commercial motor vehicle fleet-mix of motor
carriers.
Executive Order 12630 (Taking of Private Property)
This rule would not effect a taking of private property or
otherwise have takings implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.
Executive Order 13211 (Energy Supply, Distribution, or Use)
We have analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. This action is not a significant energy action
within the meaning of section 4(b) of the Executive Order because as a
procedural action it is not economically significant and will not have
a significant adverse effect on the supply, distribution, or use of
energy.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
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
For the reasons set out in the preamble, FMCSA amends 49 CFR part 375
as set forth below:
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.
0
2. Amend Sec. 375.403 by revising paragraph (a)(8) to read as follows:
Sec. 375.403 How must I provide a binding estimate?
(a) * * *
(8) If the individual shipper requests additional services after
the household goods are in transit, you must inform the individual
shipper of the additional charges that will be billed. You must require
full payment at destination of the original binding estimate only. You
must bill for the payment of the balance of any remaining charges for
additional services no sooner than 30 days after the date of delivery.
For example, if your binding estimate to an individual shipper
estimated total charges at delivery as $1,000, but your actual charges
at destination are $1,500, you must deliver the shipment upon payment
of $1,000. You must then issue freight or expense bills no sooner than
30 days after the date of delivery for the remaining $500.
* * * * *
0
3. Amend Appendix A as published on March 5, 2004, at 69 FR 10580 as
follows:
0
a. Amend subpart B by revising the second paragraph of the section How
Must My Mover Collect Charges?, and, in the section May My Mover Extend
Credit to Me?, by revising the second paragraph, by removing the third
paragraph and numbered subparagraphs (1) and (2), and by removing the
numeral (3) preceding the final paragraph and republishing that
paragraph.
0
b. Amend subpart D, under the section How Must My Mover Estimate
Charges Under the Regulations?, by revising numbered subparagraph (7)
of Binding Estimates, and revising the second paragraph and numbered
subparagraph (10) of Non-Binding Estimates.
0
c. Amend subpart H by revising the 9th paragraph of the section How
Must My Mover Present Its Freight or Expense Bill to Me?; by revising
the section If I Forced My Mover To Relinquish a Collect-on-Delivery
Shipment Before the Payment of ALL Charges, How Must My Mover Collect
the Balance?; and by revising the first three paragraphs and the
numbered subparagraph (1) of the section What Actions May My Mover Take
To Collect From Me the Charges Upon Its Freight Bill?.
The revisions read as follows:
APPENDIX A TO PART 375--YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU
MOVESubpart B--Before Requesting Services From Any Mover
* * * * *
How Must My Mover Collect Charges?
* * * * *
Your mover must present its freight or expense bill to you
within 15 days of the date of delivery of a shipment at its
destination. The computation of time excludes Saturdays, Sundays,
and Federal holidays. (Bills for charges exceeding 110 percent of a
non-binding estimate, and for additional services requested or found
necessary after the shipment is in transit, will be presented no
sooner than 30 days after the date of delivery.) * * *
May My Mover Extend Credit to Me?
* * * * *
The credit period must begin on the day following presentation
of your mover's freight bill to you. Under Federal regulation, the
standard credit period is 7 days, excluding Saturdays, Sundays, and
Federal holidays. Your mover must also extend the credit period to a
total of 30 calendar days if the freight bill is not paid within the
7-day period. A service charge equal to one percent of the amount of
the freight bill, subject to a $20 minimum, will be assessed for
this extension and for each additional 30-day period the charges go
unpaid.
* * * * *
Your failure to pay within the credit period will require your
mover to determine whether you will comply with the Federal
household goods transportation credit regulations in good faith in
the future before extending credit again.
Subpart D--Estimating Charges
* * * * *
[[Page 17318]]
How Must My Mover Estimate Charges Under the Regulations?
Binding Estimates
* * * * *
(7) If you add additional services after your household goods
are in transit, you will be billed for the additional services but
only be expected to pay the full amount of the binding estimate to
receive delivery. Your mover must bill you for the balance of any
remaining charges for these additional services no sooner than 30
days after delivery. For example, if your binding estimate shows
total charges at delivery should be $1,000 but your actual charges
at destination are $1,500, your mover must deliver the shipment upon
payment of $1,000. The mover must bill you for the remaining $500 no
sooner than 30 days after the date of delivery.
* * * * *
Non-binding Estimates
* * * * *
A non-binding estimate is not a bid or contract. Your mover
provides it to you to give you a general idea of the cost of the
move, but it does not bind your mover to the estimated cost. You
should expect the final cost to be more than the estimate. The
actual cost will be in accordance with your mover's tariffs. Federal
law requires your mover to collect the charges shown in its tariffs,
regardless of what your mover writes in its non-binding estimates.
That is why it is important to ask for copies of the applicable
portions of the mover's tariffs before deciding on a mover. The
charges contained in movers' tariffs are essentially the same for
the same weight shipment moving the same distance. If you obtain
different non-binding estimates from different movers, you must pay
only the amount specified in your mover's tariff. Therefore, a non-
binding estimate may have no effect on the amount that you will
ultimately have to pay.
* * * * *
(10) If you add additional services after your household goods
are in transit, you will be billed for the additional services. To
receive delivery, however, you are required to pay no more than 110
percent of the non-binding estimate. At least 30 days after
delivery, your mover must bill you for any remaining balance,
including the additional services you requested. For example, if
your non-binding estimate shows total charges at delivery should be
$1,000 but your actual charges at destination are $1,500, your mover
must deliver the shipment upon payment of $1,100. The mover must
bill you for the remaining $400 no sooner than 30 days after the
date of delivery.
* * * * *
Subpart H--Collection of Charges
* * * * *
How Must My Mover Present Its Freight or Expense Bill to Me?
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On ``collect'' shipments, your mover must present its freight
bill for 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 charges exceeding 110
percent of a non-binding estimate, and for additional services
requested or found necessary after the shipment is in transit, will
be presented no sooner than 30 days from the date of delivery.)
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If I Forced My Mover To Relinquish a Collect-on-Delivery Shipment
Before the Payment of ALL Charges, How Must My Mover Collect the
Balance?
On ``collect-on-delivery'' shipments, your mover must present
its freight bill for transportation charges within 15 days,
calculated from the date the shipment was delivered at your
destination. This period excludes Saturdays, Sundays, and Federal
holidays. (Bills for charges exceeding 110 percent of a non-binding
estimate, and charges for additional services requested or found
necessary after the shipment is in transit, will be presented no
sooner than 30 days after the date of delivery.)
What Actions May My Mover Take To Collect From Me the Charges Upon Its
Freight Bill?
Your mover must present a freight bill within 15 days (excluding
Saturdays, Sundays, and Federal holidays) of the date of delivery of
a shipment at your destination. (Bills for charges exceeding 110
percent of a non-binding estimate, and for additional services
requested or found necessary after the shipment is in transit, will
be presented no sooner than 30 days after the date of delivery.)
The credit period must be 7 days (excluding Saturdays, Sundays,
and Federal holidays).
Your mover must provide in its tariffs the following three
things:
(1) A provision automatically extending the credit period to a
total of 30 calendar days for you if you have not paid its freight
bill within the 7-day period.
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Issued on: March 30, 2004.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 04-7553 Filed 4-1-04; 8:45 am]
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