Regulatory Guidance Concerning Household Goods Carriers Requiring Shippers To Sign Blank or Incomplete Documents, 50537-50538 [2011-20665]

Download as PDF Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices 29. Talisman Energy USA Inc., Pad ID: 02 011 DCNR 587, ABR–201106029, Ward Township, Tioga County, Pa.; Consumptive Use of up to 6.000 mgd; Approval Date: June 30, 2011. 30. EXCO Resources (PA), LLC, Pad ID: Poor Shot East Drilling Pad #2, ABR–20100681.1, Anthony Township, Lycoming County, Pa.; Consumptive Use of up to 8.000 mgd; Approval Date: June 30, 2011. Rescinded Approvals By Rule Issued Under 18 CFR 806.22(f): 1. Hydro Recovery, LP, Blossburg Municipal Authority, ABR–201010061, Blossburg Borough, Tioga County, Pa.; Consumptive Use of up to 0.100 mgd; Approval Date: October 21, 2010, Rescinded Date: June 30, 2011. Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. Dated: August 5, 2011. Stephanie L. Richardson, Secretary to the Commission. [FR Doc. 2011–20609 Filed 8–12–11; 8:45 am] BILLING CODE 7040–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for the use of non-domestic (1) Galvanized ground bushing (3⁄4″–4″) for electrical systems; (2) Form 5/Form 7 conduit body assembly (1.5″, 2″); and (3) sealing locknuts (1.5″, 2″), for Federal-aid project #X–STP–5900 (212), South Auditorium lighting, phase 1, in Portland, Oregon. DATES: The effective date of the waiver is August 16, 2011. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, or via e-mail at gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via e-mail at michael.harkins@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: Electronic Access An electronic copy of this document may be downloaded from the Federal VerDate Mar<15>2010 16:05 Aug 12, 2011 Jkt 223001 Register’s home page at: https:// www.archives.gov and the Government Printing Office’s database at: https:// www.access.gpo.gov/nara. Background The FHWA’s Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate to use nondomestic (1) Galvanized ground bushing (3⁄4″–4″) for electrical systems; (2) Form 5/Form 7 conduit body assembly (1.5″, 2″); and (3) sealing locknuts (1.5″, 2″), for Federal-aid project #X–STP– 5900(212), South Auditorium lighting, phase 1, in Portland, Oregon. In accordance with Division A, section 123 of the ‘‘Consolidated Appropriations Act, 2010’’ (Pub. L. 111– 117), the FHWA published a notice of intent to issue a waiver on its Web site for (1) Galvanized ground bushing (3⁄4″– 4″) for electrical systems; (2) Form 5/ Form 7 conduit body assembly (1.5″, 2″); and (3) Sealing Locknuts (1.5″, 2″) for the Federal-aid project in Oregon (https://www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=52) on January 10th. The FHWA received six comments in response to the publication. Four comments opposed the approval of the waiver request but did not suggest any domestic manufacturer of the galvanized ground bushing (3⁄4″–4″), Form 5/Form 7 conduit body assembly (1.5″, 2″), or sealing locknuts (1.5″, 2″). One commenter supported granting the waiver, and the sixth commenter did not express support or opposition toward the waiver. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for galvanized ground bushing (3⁄4″–4″), Form 5/Form 7 conduit body assembly (1.5″, 2″), and sealing locknuts (1.5″, 2″). Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of galvanized ground bushing (3⁄4″–4″), Form 5/Form 7 conduit body assembly (1.5″, 2″), and sealing locknuts (1.5″, 2″) for the Federal-aid project #X–STP– 5900(212). PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 50537 In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the Oregon waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: August 4, 2011. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2011–20667 Filed 8–12–11; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Regulatory Guidance Concerning Household Goods Carriers Requiring Shippers To Sign Blank or Incomplete Documents Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of Regulatory Guidance. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) issues regulatory guidance to clarify the appropriate and intended use of blank or incomplete documents under 49 CFR 375.501(d). Carriers may require shippers to sign incomplete, but not blank, documents so long as the omitted information is limited to: (1) The actual weight of the shipment, in the case of non-binding estimates; and (2) unforeseen charges incurred in transit. This guidance also clarifies that carriers may not require shippers to sign ‘‘Revised Written Estimates,’’ ‘‘Rescissions of Old Estimate,’’ or other documents authorizing the carrier to rescind an estimate unless the shipper and carrier mutually agree to amend the estimate, and the shipper signs a new estimate before the carrier loads the shipment. SUMMARY: Effective date: This regulatory guidance is effective on August 15, 2011. DATES: FOR FURTHER INFORMATION CONTACT: Kenneth E. Rodgers, Division Chief, Commercial Enforcement, 1200 New Jersey Avenue, SE., Washington, DC 20590, telephone: (202) 366–0073. SUPPLEMENTARY INFORMATION: E:\FR\FM\15AUN1.SGM 15AUN1 50538 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Notices Legal Basis The Interstate Commerce Commission Termination Act of 1995 (ICCTA) (Pub. L. 104–88, 109 Stat. 803) provides that ‘‘the Secretary may issue regulations, including regulations protecting individual shippers, in order to carry out this part with respect to the transportation of household goods by motor carriers subject to jurisdiction under subchapter I of chapter 135. The regulations and paperwork required of motor carriers providing transportation of household goods shall be minimized to the maximum extent feasible consistent with the protection of individual shippers.’’ (49 U.S.C. 14104(a)(1)). In the Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106– 159, December 9, 1999, 113 Stat. 1750), which established FMCSA as a separate agency within the U.S. Department of Transportation (DOT), Congress authorized the Agency to regulate motor carriers transporting household goods for individual shippers. Background This document provides regulatory guidance on the Agency’s interpretation of 49 CFR 375.501(d)(1) and (2). Those sections, which were adopted as a part of a technical amendment in 2004 (69 FR 10570 (Mar. 5, 2004)), provide: srobinson on DSK4SPTVN1PROD with NOTICES (d)(1) You may provide the individual shipper with blank or incomplete estimates, orders for service, bills of lading, or any other blank or incomplete documents pertaining to the move. (2) You may require the individual shipper to sign an incomplete document at origin provided it contains all relevant shipping information except the actual shipment weight and any other information necessary to determine the final charges for all services performed. The original version of § 375.501(d), published as an interim final rule, prohibited carriers from requiring individual shippers to sign blank or incomplete estimates, orders for service, bills of lading, or any other blank or incomplete documents pertaining to the move. (68 FR 35064 (June 11, 2003)). In response to industry comments, the Agency amended § 375.501(d) to permit carriers to require shippers to sign incomplete documents so long as the documents contain all of the relevant shipping information. In doing so, the Agency recognized that certain information, such as actual final weight and other transit charges, may not be available until after the shipment is in transit. Basis for This Notice The Agency has received numerous consumer complaints concerning VerDate Mar<15>2010 16:05 Aug 12, 2011 Jkt 223001 household goods carriers and brokers that are requiring shippers to sign blank or incomplete documents and then adding unauthorized charges later. Specifically, the complaints identify carriers that required shippers to sign a blank or incomplete form entitled ‘‘Revised Written Estimate’’ or ‘‘Rescission of Old Estimate.’’ This form, when fully executed and completed, authorizes the carrier to rescind the original estimate and give a new estimate under the guise of ‘‘changed circumstances.’’ ‘‘Changed circumstances’’ generally occur when a shipper requests additional services or provides additional goods for shipment. Although the form, on its face, may be used for legitimate changes requested by shippers, in many cases, it is being used to defraud shippers who have not requested additional services or changes to their moves. Verified consumer complaints show that some carriers require shippers to execute this incomplete or blank document before loading shipments and then use the form to rescind the original estimates. The carrier then improperly converts non-binding estimates to binding estimates for significantly increased amounts or alters the preexisting binding estimates once the shipment is in transit. The carrier makes these changes without the shippers’ knowledge after the shipment is in transit. The practical effect of this practice is to force shippers unknowingly to waive their rights to the consumer protection regulations as set forth at 49 CFR 375.403 and 375.405. Carriers using these practices interpret § 375.501(d)(2) to authorize this conduct. Such carriers also cite § 375.501(d)(2) to support using ‘‘Revised Written Estimate’’/‘‘Rescission of Old Estimate’’ forms, which were specifically designed in response to the 2004 technical amendments. The FMCSA rejects this interpretation and believes that such conduct is unlawful. The 2004 amendments were intended to address the fact that certain information related to the shipment could not be determined until after the shipment was in transit. The FMCSA did not amend § 375.501(d) to allow carriers to supersede the stringent consumer protections provided in part 375. In most cases brought to the Agency’s attention, carriers have used blank or incomplete documents to increase estimates after loading without the consent or knowledge of shippers. The FMCSA rejects these carriers’ interpretation of 49 CFR 375.501(d) and believes that their conduct violates existing regulations in part 375. The FMCSA is issuing this regulatory PO 00000 Frm 00088 Fmt 4703 Sfmt 9990 guidance to eliminate any ambiguity or confusion concerning the scope of these regulatory provisions and to protect consumers from future harm. Regulatory Guidance Part 375—Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations Sections interpreted Section 375.501(d)(1) and (2) Blank or incomplete documents: Question 1: May household goods motor carriers require shippers to sign blank documents before loading a shipment? Guidance: No, movers may not require shippers to sign blank documents before loading a shipment. Movers may provide blank documents to shippers for information purposes only. Question 2: May household goods movers require shippers to sign incomplete documents before loading the shipment? Guidance: A mover may require a shipper to sign an incomplete, but not blank, document before loading at the shipment’s origin so long as the document contains all of the relevant shipment information. Movers may only omit information that cannot be determined before loading, such as actual shipment weight in the case of shipments moved under non-binding estimates or unforeseen charges incurred in transit. Question 3: May household goods movers require shippers to sign ‘‘Revised Written Estimates,’’ ‘‘Rescissions of Old Estimate’’ or other documents authorizing the mover to rescind the estimate as a condition of loading a shipment? Guidance: Movers may not require shippers to sign ‘‘Revised Written Estimates,’’ ‘‘Rescissions of Old Estimate’’ or other documents authorizing the mover to rescind the estimate as a condition of loading the shipment unless the shipper and carrier mutually agree to amend the estimate and the shipper signs a new estimate before the carrier loads the shipment. In accordance with 49 CFR 375.501(f), 375.401(h) and 375.403(a)(6), both the shipper and the mover must mutually agree to any amendment to a shipping order before loading the shipment. Section 375.501(d) does not alter this requirement. Issued on: August 8, 2011. Anne S. Ferro, Administrator. [FR Doc. 2011–20665 Filed 8–12–11; 8:45 am] BILLING CODE P E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50537-50538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20665]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Regulatory Guidance Concerning Household Goods Carriers Requiring 
Shippers To Sign Blank or Incomplete Documents

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice of Regulatory Guidance.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) issues 
regulatory guidance to clarify the appropriate and intended use of 
blank or incomplete documents under 49 CFR 375.501(d). Carriers may 
require shippers to sign incomplete, but not blank, documents so long 
as the omitted information is limited to: (1) The actual weight of the 
shipment, in the case of non-binding estimates; and (2) unforeseen 
charges incurred in transit. This guidance also clarifies that carriers 
may not require shippers to sign ``Revised Written Estimates,'' 
``Rescissions of Old Estimate,'' or other documents authorizing the 
carrier to rescind an estimate unless the shipper and carrier mutually 
agree to amend the estimate, and the shipper signs a new estimate 
before the carrier loads the shipment.

DATES: Effective date: This regulatory guidance is effective on August 
15, 2011.

FOR FURTHER INFORMATION CONTACT: Kenneth E. Rodgers, Division Chief, 
Commercial Enforcement, 1200 New Jersey Avenue, SE., Washington, DC 
20590, telephone: (202) 366-0073.

SUPPLEMENTARY INFORMATION: 

[[Page 50538]]

Legal Basis

    The Interstate Commerce Commission Termination Act of 1995 (ICCTA)
    (Pub. L. 104-88, 109 Stat. 803) provides that ``the Secretary may 
issue regulations, including regulations protecting individual 
shippers, in order to carry out this part with respect to the 
transportation of household goods by motor carriers subject to 
jurisdiction under subchapter I of chapter 135. The regulations and 
paperwork required of motor carriers providing transportation of 
household goods shall be minimized to the maximum extent feasible 
consistent with the protection of individual shippers.'' (49 U.S.C. 
14104(a)(1)). In the Motor Carrier Safety Improvement Act of 1999 (Pub. 
L. 106-159, December 9, 1999, 113 Stat. 1750), which established FMCSA 
as a separate agency within the U.S. Department of Transportation 
(DOT), Congress authorized the Agency to regulate motor carriers 
transporting household goods for individual shippers.

Background

    This document provides regulatory guidance on the Agency's 
interpretation of 49 CFR 375.501(d)(1) and (2). Those sections, which 
were adopted as a part of a technical amendment in 2004 (69 FR 10570 
(Mar. 5, 2004)), provide:

    (d)(1) You may provide the individual shipper with blank or 
incomplete estimates, orders for service, bills of lading, or any 
other blank or incomplete documents pertaining to the move.
    (2) You may require the individual shipper to sign an incomplete 
document at origin provided it contains all relevant shipping 
information except the actual shipment weight and any other 
information necessary to determine the final charges for all 
services performed.

    The original version of Sec.  375.501(d), published as an interim 
final rule, prohibited carriers from requiring individual shippers to 
sign blank or incomplete estimates, orders for service, bills of 
lading, or any other blank or incomplete documents pertaining to the 
move. (68 FR 35064 (June 11, 2003)). In response to industry comments, 
the Agency amended Sec.  375.501(d) to permit carriers to require 
shippers to sign incomplete documents so long as the documents contain 
all of the relevant shipping information. In doing so, the Agency 
recognized that certain information, such as actual final weight and 
other transit charges, may not be available until after the shipment is 
in transit.

Basis for This Notice

    The Agency has received numerous consumer complaints concerning 
household goods carriers and brokers that are requiring shippers to 
sign blank or incomplete documents and then adding unauthorized charges 
later. Specifically, the complaints identify carriers that required 
shippers to sign a blank or incomplete form entitled ``Revised Written 
Estimate'' or ``Rescission of Old Estimate.'' This form, when fully 
executed and completed, authorizes the carrier to rescind the original 
estimate and give a new estimate under the guise of ``changed 
circumstances.'' ``Changed circumstances'' generally occur when a 
shipper requests additional services or provides additional goods for 
shipment. Although the form, on its face, may be used for legitimate 
changes requested by shippers, in many cases, it is being used to 
defraud shippers who have not requested additional services or changes 
to their moves.
    Verified consumer complaints show that some carriers require 
shippers to execute this incomplete or blank document before loading 
shipments and then use the form to rescind the original estimates. The 
carrier then improperly converts non-binding estimates to binding 
estimates for significantly increased amounts or alters the pre-
existing binding estimates once the shipment is in transit. The carrier 
makes these changes without the shippers' knowledge after the shipment 
is in transit. The practical effect of this practice is to force 
shippers unknowingly to waive their rights to the consumer protection 
regulations as set forth at 49 CFR 375.403 and 375.405.
    Carriers using these practices interpret Sec.  375.501(d)(2) to 
authorize this conduct. Such carriers also cite Sec.  375.501(d)(2) to 
support using ``Revised Written Estimate''/``Rescission of Old 
Estimate'' forms, which were specifically designed in response to the 
2004 technical amendments. The FMCSA rejects this interpretation and 
believes that such conduct is unlawful. The 2004 amendments were 
intended to address the fact that certain information related to the 
shipment could not be determined until after the shipment was in 
transit. The FMCSA did not amend Sec.  375.501(d) to allow carriers to 
supersede the stringent consumer protections provided in part 375. In 
most cases brought to the Agency's attention, carriers have used blank 
or incomplete documents to increase estimates after loading without the 
consent or knowledge of shippers.
    The FMCSA rejects these carriers' interpretation of 49 CFR 
375.501(d) and believes that their conduct violates existing 
regulations in part 375. The FMCSA is issuing this regulatory guidance 
to eliminate any ambiguity or confusion concerning the scope of these 
regulatory provisions and to protect consumers from future harm.

Regulatory Guidance

Part 375--Transportation of Household Goods in Interstate Commerce; 
Consumer Protection Regulations

Sections interpreted
    Section 375.501(d)(1) and (2) Blank or incomplete documents:
    Question 1: May household goods motor carriers require shippers to 
sign blank documents before loading a shipment?
    Guidance: No, movers may not require shippers to sign blank 
documents before loading a shipment. Movers may provide blank documents 
to shippers for information purposes only.
    Question 2: May household goods movers require shippers to sign 
incomplete documents before loading the shipment?
    Guidance: A mover may require a shipper to sign an incomplete, but 
not blank, document before loading at the shipment's origin so long as 
the document contains all of the relevant shipment information. Movers 
may only omit information that cannot be determined before loading, 
such as actual shipment weight in the case of shipments moved under 
non-binding estimates or unforeseen charges incurred in transit.
    Question 3: May household goods movers require shippers to sign 
``Revised Written Estimates,'' ``Rescissions of Old Estimate'' or other 
documents authorizing the mover to rescind the estimate as a condition 
of loading a shipment?
    Guidance: Movers may not require shippers to sign ``Revised Written 
Estimates,'' ``Rescissions of Old Estimate'' or other documents 
authorizing the mover to rescind the estimate as a condition of loading 
the shipment unless the shipper and carrier mutually agree to amend the 
estimate and the shipper signs a new estimate before the carrier loads 
the shipment. In accordance with 49 CFR 375.501(f), 375.401(h) and 
375.403(a)(6), both the shipper and the mover must mutually agree to 
any amendment to a shipping order before loading the shipment. Section 
375.501(d) does not alter this requirement.

    Issued on: August 8, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-20665 Filed 8-12-11; 8:45 am]
BILLING CODE P
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