State Enforcement of Household Goods Consumer Protection, 32901-32903 [2012-13530]
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
pursuant to the Congressional Review
Act, see U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Peter H. Doyle,
Chief, Audio Division, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336
and 339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
removing Channel 293C3 at Llano and
by adding Channel 242C3 at Llano.
■
[FR Doc. 2012–13222 Filed 6–1–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 371, 375, 386, and 387
State Enforcement of Household
Goods Consumer Protection
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of enforcement.
AGENCY:
FMCSA provides an updated
list of statutory provisions and FMCSA
regulations that State household goods
regulatory authorities and State
attorneys general may enforce, reflecting
amendments to FMCSA’s regulations
regarding brokers of household goods.
The Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU) gives
State household goods regulatory
authorities and State attorneys general
the right to enforce certain consumer
protection provisions that apply to
individual shippers and are related to
interstate movement of the goods.
DATES: On November 17, 2006, FMCSA
published a list of the statutory and
regulatory provisions that State
attorneys general and household goods
regulators are allowed to enforce
pursuant to section 4206(b) of
SAFETEA–LU (71 FR 67009). That
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SUMMARY:
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enforcement authority was retroactive to
August 10, 2005, the date of enactment
of SAFETEA–LU. The Agency amended
its household goods regulations on
November 29, 2010 (75 FR 72987).
States are now authorized to enforce
those regulations, retroactive to January
28, 2011, the effective date of the 2010
rule. However, the requirement for a
$25,000 surety bond or trust fund (49
CFR 387.307(a)(2)) had a delayed
compliance date of January 1, 2012, and
States may enforce that provision only
on or after that date.
FOR FURTHER INFORMATION CONTACT: Mr.
Brodie Mack, FMCSA Household Goods
Enforcement and Compliance Team
Leader, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590–0001, (202)
366–8045.
SUPPLEMENTARY INFORMATION: Section
4206(b) of SAFETEA–LU (Pub. L. 109–
59, 119 Stat. 1144, 1754, codified at 49
U.S.C. 14710 and 14711), provides that
State household goods regulatory
authorities and State attorneys general
may enforce certain consumer
protection provisions of Title 49 of the
United States Code (U.S.C.) and related
regulations applicable to the delivery
and transportation of household goods
in interstate or foreign commerce.
Section 14710 authorizes State agencies
that regulate the movement of intrastate
household goods to ‘‘enforce the
consumer protection provisions of this
title [Title 49] that apply to individual
shippers, as determined by the Secretary
[of the U.S. Department of
Transportation], and are related to the
delivery and transportation of
household goods in interstate
commerce.’’ Section 14711 authorizes
State attorneys general to bring civil
actions in the U.S. district courts to
enforce the consumer protection
provisions that apply to individual
shippers and are related to the delivery
and transportation of household goods
in interstate or foreign commerce.
On November 17, 2006, FMCSA
issued a notice that specified which
statutory provisions and FMCSA
regulations State household goods
regulatory authorities and State
attorneys general are authorized to
enforce pursuant to 49 U.S.C. 14710–
14711 (71 FR 67009). In that notice,
FMCSA also stated that it was
developing a notice of proposed
rulemaking that would require brokers
of household goods to provide
individual shippers with specific
information required under section 4212
of SAFETEA–LU. The Agency stated
that it would add that rule, once it
became final, to the list of regulations
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32901
that State household goods regulatory
authorities and State attorneys general
may enforce.
On November 29, 2010, FMCSA
issued that final rule (75 FR 72987). It
amended FMCSA’s regulations and
imposed various requirements on both
household goods carriers and brokers as
follows.
• Special Rules for Household Goods
Brokers, 49 CFR part 371, subpart B.
Household goods brokers offering
services to individual shippers and
operating in interstate or foreign
commerce are subject to the
requirements of subpart B of part 371.
This subpart requires that brokers use
only motor carriers that are properly
licensed and authorized to operate (49
CFR 371.105); provide certain
disclosures in advertisements and
Internet Web homepages, and to
individual shippers (49 CFR 371.107
through 371.111, 371.117); provide
individual shippers with a written
estimate (49 CFR 371.115); and maintain
agreements with motor carriers before
providing written estimates on behalf of
these carriers (49 CFR 371.117). Subpart
B also establishes penalties for
violations (49 CFR 371.121).
• Transportation of Household Goods
in Interstate Commerce; Consumer
Protection Regulations, 49 CFR part 375.
Household goods carriers must provide
certain consumer protection information
to prospective individual shippers
unless the consumer expressly waives
physical receipt (49 CFR 375.213). A
household goods carrier permitting a
broker to provide estimates on its behalf
must enter into an agreement with the
broker adopting the broker’s estimate as
its own (49 CFR 375.409).
• Penalty Schedule; Violations and
Monetary Penalties, 49 CFR part 386,
Appendix B. Household goods brokers
are subject to statutory penalties for
providing estimates without an
agreement with a household goods
motor carrier and for operating without
being registered with FMCSA (49 CFR
part 386, Appendix B(g)(22)–(23)).
• Minimum Levels of Financial
Responsibility for Motor Carriers, 49
CFR part 387. The current minimum
level of financial responsibility required
of household goods brokers is $25,000,
as of January 1, 2012 (49 CFR
387.307(a)(2)).
The provisions of FMCSA’s November
29, 2010, final rule are now being
included in the list of regulations that
State household goods regulatory
authorities and State attorneys general
may enforce, effective as of January 28,
2011, except for 49 CFR 387.307(a)(2),
effective as of January 1, 2012. To assist
interested parties, the list of statutory
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32902
Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
and regulatory provisions that State
household goods regulatory authorities
and State attorneys general may enforce
pursuant to sections 14710 and 14711 of
SAFETEA–LU is provided in its entirety
below. The brief description
accompanying each item listed below is
for informational purposes only and is
not intended to be a definitive
interpretation of legal requirements.
7. Dispute Settlement Program for
Household Goods Carriers, 49 U.S.C.
14708
Statutes
8. General Civil Penalties; Estimate of
Broker Without Carrier Agreement, 49
U.S.C. 14901(d)(2)
1. Tariff Requirement for Certain
Transportation, 49 U.S.C. 13702
Household goods carriers must have
tariffs covering transportation and
related services and must charge in
accordance with their tariffs. The carrier
must give notice of availability of the
tariff to individual shippers and must
make the tariff available for inspection
to shippers upon reasonable request.
2. Household Goods Rates—Estimates;
Guarantees of Service, 49 U.S.C. 13704
Rates for transportation of household
goods moving on a written binding
estimate must be available to shippers
on a non-preferential basis and must not
result in charges that are predatory.
3. Payment of Rates; Exceptions, 49
U.S.C. 13707(b)
Household goods carriers must give
up possession of a shipment upon
payment of 100 percent of a binding
estimate or 110 percent of a non-binding
estimate, but may collect all charges
related to post-contract services and
impracticable operations at delivery
(with some limitations as to the latter).
4. Requirement for Registration, 49
U.S.C. 13901; General Civil Penalties, 49
U.S.C. 14901(d)(3)
FMCSA registration is required to
provide transportation or brokerage
services subject to FMCSA jurisdiction.
Transportation or brokering of
household goods without FMCSA
registration is punishable by a minimum
civil penalty of $25,000 per violation.
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5. Household Goods Carrier Operations;
Estimates, 49 U.S.C. 14104(b)
Household goods carriers must
comply with certain estimating
requirements and provide individual
shippers with prescribed informational
publications.
6. Liability of Carriers Under Receipts
and Bills of Lading; Limiting Liability of
Household Goods Carriers to Declared
Value; 49 U.S.C. 14706(f)
Household goods carriers are liable
for the replacement value of goods
unless the individual shipper waives
full value protection in writing.
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Household goods carriers must
provide binding arbitration upon a
shipper’s request for disputes up to
$10,000 involving loss and damage and
payment of charges in addition to those
collected at delivery.
Household goods brokers making
estimates before entering into an
agreement with a carrier are liable for a
minimum civil penalty of $10,000 per
violation.
9. General Civil Penalties; Violation
Relating to Transportation of Household
Goods, 49 U.S.C. 14901(e)
Any person falsifying documents
relating to household goods shipment
weight or charging for accessorial
services that are not performed or are
not reasonably necessary for the safe
and adequate movement of the
shipment is subject to a minimum civil
penalty of $2,000 for the first violation
and $5,000 for each subsequent
violation.
10. Civil Penalty Procedures, 49 U.S.C.
14915
Holding an household goods
shipment hostage is punishable by a
minimum civil penalty of $10,000 per
violation.
Regulations
1. Designation of Process Agent;
Required States, 49 CFR 366.4
All carriers and brokers must
designate agents for service of court
process in States of operation.
2. Principles and Practices for the
Investigation and Voluntary Disposition
of Loss and Damage Claims, 49 CFR
370.3 Through 370.9
These sections contain regulations
governing voluntary disposition of loss
and damage claims. The regulations
protect individual shippers, as well as
business shippers, by ensuring that
motor carriers investigate claims and
process them in accordance with
prescribed procedures.
3. Records To Be Kept by Brokers; Right
of Review, 49 CFR 371.3(c)
Brokers must provide access to
transaction records by each party to a
brokered transaction.
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4. Records To Be Kept by Brokers;
Misrepresentation, 49 CFR 371.7
Brokers must not misrepresent their
name or broker status.
5. Bills of Lading for Freight Forwarders,
49 CFR 373.201
All household goods freight
forwarders must issue a shipper a
thorough bill of lading covering
transportation from origin to
destination.
6. Transportation of Household Goods
in Interstate Commerce; Consumer
Protection Regulations, 49 CFR Part 375
This part contains consumer
protection regulations governing
transportation of household goods for
individual shippers in interstate
commerce. The regulations set forth the
rights and obligations of household
goods carriers and shippers with respect
to services provided; liability; estimates;
pick up, delivery and transportation of
shipments; payment; and penalties for
noncompliance.
7. Procedures Governing the Processing,
Investigation, and Disposition of
Overcharge, Duplicate Payment, or
Over-Collection Claims, 49 CFR 378.3
Through 378.9
These sections set forth the rights and
obligations of household goods carriers
and shippers with respect to the filing
and processing of claims for overcharge,
duplicate payment, and over collection
for the transportation of property,
including household goods.
8. Surety Bond, Certificate of Insurance,
or Other Securities; Cargo Insurance, 49
CFR 387.301(b)
Household goods carriers must obtain
cargo insurance in prescribed amounts
and file evidence of such insurance with
FMCSA.
9. Property Broker Surety Bond or Trust
Fund, 49 CFR 387.307
All brokers, including household
goods brokers, must obtain and file a
surety bond or trust fund to pay
shippers or motor carriers if the broker
fails to carry out its contracts for the
arrangement of transportation.
10. General Requirements, 49 CFR
387.403
Household goods freight forwarders
must obtain and file the same level of
cargo insurance required of household
goods motor carriers.
11. Special Rules for Household Goods
Brokers, 49 CFR Part 371, Subpart B
Household goods brokers offering
services to individual shippers and
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Rules and Regulations
operating in interstate or foreign
commerce are subject to the
requirements of subpart B of part 371.
This subpart requires that brokers: use
only motor carriers that are properly
licensed and authorized to operate (49
CFR 371.105); provide certain
disclosures in advertisements and
Internet Web homepages, and to
individual shippers (49 CFR 371.107
through 371.111, 371.117); provide
individual shippers with a written
estimate (49 CFR 371.115); and maintain
agreements with motor carriers before
providing written estimates on behalf of
these carriers (49 CFR 371.117). Subpart
B also establishes penalties for
violations (49 CFR 371.121).
Issued on: May 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012–13530 Filed 6–1–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2012–0032]
RIN 2127–AL21
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2013 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2013
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule announces
NHTSA’s determination that there are
no new model year (MY) 2013 light duty
truck lines subject to the parts-marking
requirements of the Federal motor
vehicle theft prevention standard,
because they have been determined by
the agency to be high-theft or because
they have a majority of interchangeable
parts with those of a passenger motor
vehicle line. This final rule also
identifies those vehicle lines that have
been granted an exemption from the
parts-marking requirements, because the
vehicles are equipped with antitheft
devices determined to meet certain
statutory criteria.
DATES: Effective Date: The amendment
made by this final rule is effective June
4, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Rosalind Proctor, Consumer Standards
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SUMMARY:
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Division, Office of International Policy,
Fuel Economy and Consumer Programs,
NHTSA, West Building, 1200 New
Jersey Avenue SE., (NVS–131, Room
W43–302) Washington, DC 20590. Ms.
Proctor’s telephone number is (202)
366–4807. Her fax number is (202) 493–
0073.
SUPPLEMENTARY INFORMATION: The theft
prevention standard applies to (1) all
passenger car lines, (2) all multipurpose
passenger vehicle (MPV) lines with a
gross vehicle weight rating (GVWR) of
6,000 pounds or less, (3) low-theft lightduty truck (LDT) lines with a GVWR of
6,000 pounds or less that have major
parts that are interchangeable with a
majority of the covered major parts of
passenger car or MPV lines and (4) hightheft light-duty truck lines with a GVWR
of 6,000 pounds or less.
The purpose of the theft prevention
standard (49 CFR Part 541) is to reduce
the incidence of motor vehicle theft by
facilitating the tracing and recovery of
parts from stolen vehicles. The standard
seeks to facilitate such tracing by
requiring that vehicle identification
numbers (VINs), VIN derivative
numbers, or other symbols be placed on
major component vehicle parts. The
theft prevention standard requires motor
vehicle manufacturers to inscribe or
affix VINs onto covered original
equipment major component parts, and
to inscribe or affix a symbol identifying
the manufacturer and a common symbol
identifying the replacement component
parts for those original equipment parts,
on all vehicle lines subject to the
requirements of the standard.
Section 33104(d) provides that once a
line has become subject to the theft
prevention standard, the line remains
subject to the requirements of the
standard unless it is exempted under
section 33106. Section 33106 provides
that a manufacturer may petition
annually to have one vehicle line
exempted from the requirements of
section 33104, if the line is equipped
with an antitheft device meeting certain
conditions as standard equipment. The
exemption is granted if NHTSA
determines that the antitheft device is
likely to be as effective as compliance
with the theft prevention standard in
reducing and deterring motor vehicle
thefts.
The agency annually publishes the
names of those LDT lines that have been
determined to be high theft pursuant to
49 CFR Part 541, those LDT lines that
have been determined to have major
parts that are interchangeable with a
majority of the covered major parts of
passenger car or MPV lines and those
vehicle lines that are exempted from the
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32903
theft prevention standard under section
33104. Appendix A to Part 541
identifies those LDT lines that are or
will be subject to the theft prevention
standard beginning in a given model
year. Appendix A–I to Part 541
identifies those vehicle lines that are or
have been exempted from the theft
prevention standard.
For MY 2013, there are no new LDT
lines that will be subject to the theft
prevention standard in accordance with
the procedures published in 49 CFR Part
542. Therefore, Appendix A does not
need to be amended.
For MY 2013, the list of lines that
have been exempted by the agency from
the parts-marking requirements of Part
541 is amended to include ten vehicle
lines newly exempted in full. The ten
exempted vehicle lines are the Buick
Verano, Chrysler Dart, Ford C–Maxx,
Land Rover LR2, Mazda CX–5,
Mitsubishi i-MiEV, Nissan Juke, Subaru
XV Crosstrek, Toyota Prius and the
Volkswagen Audi A4 Allroad (MPV).
Subsequent to publishing the April
12, 2011 final rule (See 76 FR 20251),
Nissan North America, Inc., (Nissan)
informed the agency that beginning with
MY 2012, it would no longer be
installing an antitheft device as standard
equipment on the Versa vehicle line and
would begin applying parts marking to
its Versa vehicles beginning with the
same model year. Nissan was granted a
parts marking exemption by the agency
on January 3, 2007 for the Versa line
(See 72 FR 188), but changed its
nameplate from Nissan Versa to the
Versa Hatchback vehicle line beginning
with MY 2012. The agency also granted
two petitions for exemption in full
subsequent to publishing the April 2011
Federal Register notice. Specifically,
the agency granted a full exemption to
Nissan North America, Inc., for its
Nissan Leaf vehicle line and Telsa
Motors, Inc., for its Model S vehicle line
beginning with their MY 2012 vehicles.
We note that the agency also removes
vehicle lines that have been
discontinued more than 5 years ago
from the list published in the Federal
Register, annually. Therefore, the
agency is removing the Ford FiveHundred (2007) and Volkswagen Audi
Allroad vehicle lines from the Appendix
A–I listing. The agency will continue to
maintain a comprehensive database of
all exemptions on our Web site.
However, we believe that republishing a
list containing vehicle lines that have
not been in production for a
considerable period of time is
unnecessary.
The vehicle lines listed as being
exempt from the standard have
previously been exempted in
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]]>Agencies
[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32901-32903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13530]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 371, 375, 386, and 387
State Enforcement of Household Goods Consumer Protection
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of enforcement.
-----------------------------------------------------------------------
SUMMARY: FMCSA provides an updated list of statutory provisions and
FMCSA regulations that State household goods regulatory authorities and
State attorneys general may enforce, reflecting amendments to FMCSA's
regulations regarding brokers of household goods. The Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) gives State household goods regulatory
authorities and State attorneys general the right to enforce certain
consumer protection provisions that apply to individual shippers and
are related to interstate movement of the goods.
DATES: On November 17, 2006, FMCSA published a list of the statutory
and regulatory provisions that State attorneys general and household
goods regulators are allowed to enforce pursuant to section 4206(b) of
SAFETEA-LU (71 FR 67009). That enforcement authority was retroactive to
August 10, 2005, the date of enactment of SAFETEA-LU. The Agency
amended its household goods regulations on November 29, 2010 (75 FR
72987). States are now authorized to enforce those regulations,
retroactive to January 28, 2011, the effective date of the 2010 rule.
However, the requirement for a $25,000 surety bond or trust fund (49
CFR 387.307(a)(2)) had a delayed compliance date of January 1, 2012,
and States may enforce that provision only on or after that date.
FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA Household Goods
Enforcement and Compliance Team Leader, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001,
(202) 366-8045.
SUPPLEMENTARY INFORMATION: Section 4206(b) of SAFETEA-LU (Pub. L. 109-
59, 119 Stat. 1144, 1754, codified at 49 U.S.C. 14710 and 14711),
provides that State household goods regulatory authorities and State
attorneys general may enforce certain consumer protection provisions of
Title 49 of the United States Code (U.S.C.) and related regulations
applicable to the delivery and transportation of household goods in
interstate or foreign commerce. Section 14710 authorizes State agencies
that regulate the movement of intrastate household goods to ``enforce
the consumer protection provisions of this title [Title 49] that apply
to individual shippers, as determined by the Secretary [of the U.S.
Department of Transportation], and are related to the delivery and
transportation of household goods in interstate commerce.'' Section
14711 authorizes State attorneys general to bring civil actions in the
U.S. district courts to enforce the consumer protection provisions that
apply to individual shippers and are related to the delivery and
transportation of household goods in interstate or foreign commerce.
On November 17, 2006, FMCSA issued a notice that specified which
statutory provisions and FMCSA regulations State household goods
regulatory authorities and State attorneys general are authorized to
enforce pursuant to 49 U.S.C. 14710-14711 (71 FR 67009). In that
notice, FMCSA also stated that it was developing a notice of proposed
rulemaking that would require brokers of household goods to provide
individual shippers with specific information required under section
4212 of SAFETEA-LU. The Agency stated that it would add that rule, once
it became final, to the list of regulations that State household goods
regulatory authorities and State attorneys general may enforce.
On November 29, 2010, FMCSA issued that final rule (75 FR 72987).
It amended FMCSA's regulations and imposed various requirements on both
household goods carriers and brokers as follows.
Special Rules for Household Goods Brokers, 49 CFR part
371, subpart B. Household goods brokers offering services to individual
shippers and operating in interstate or foreign commerce are subject to
the requirements of subpart B of part 371. This subpart requires that
brokers use only motor carriers that are properly licensed and
authorized to operate (49 CFR 371.105); provide certain disclosures in
advertisements and Internet Web homepages, and to individual shippers
(49 CFR 371.107 through 371.111, 371.117); provide individual shippers
with a written estimate (49 CFR 371.115); and maintain agreements with
motor carriers before providing written estimates on behalf of these
carriers (49 CFR 371.117). Subpart B also establishes penalties for
violations (49 CFR 371.121).
Transportation of Household Goods in Interstate Commerce;
Consumer Protection Regulations, 49 CFR part 375. Household goods
carriers must provide certain consumer protection information to
prospective individual shippers unless the consumer expressly waives
physical receipt (49 CFR 375.213). A household goods carrier permitting
a broker to provide estimates on its behalf must enter into an
agreement with the broker adopting the broker's estimate as its own (49
CFR 375.409).
Penalty Schedule; Violations and Monetary Penalties, 49
CFR part 386, Appendix B. Household goods brokers are subject to
statutory penalties for providing estimates without an agreement with a
household goods motor carrier and for operating without being
registered with FMCSA (49 CFR part 386, Appendix B(g)(22)-(23)).
Minimum Levels of Financial Responsibility for Motor
Carriers, 49 CFR part 387. The current minimum level of financial
responsibility required of household goods brokers is $25,000, as of
January 1, 2012 (49 CFR 387.307(a)(2)).
The provisions of FMCSA's November 29, 2010, final rule are now
being included in the list of regulations that State household goods
regulatory authorities and State attorneys general may enforce,
effective as of January 28, 2011, except for 49 CFR 387.307(a)(2),
effective as of January 1, 2012. To assist interested parties, the list
of statutory
[[Page 32902]]
and regulatory provisions that State household goods regulatory
authorities and State attorneys general may enforce pursuant to
sections 14710 and 14711 of SAFETEA-LU is provided in its entirety
below. The brief description accompanying each item listed below is for
informational purposes only and is not intended to be a definitive
interpretation of legal requirements.
Statutes
1. Tariff Requirement for Certain Transportation, 49 U.S.C. 13702
Household goods carriers must have tariffs covering transportation
and related services and must charge in accordance with their tariffs.
The carrier must give notice of availability of the tariff to
individual shippers and must make the tariff available for inspection
to shippers upon reasonable request.
2. Household Goods Rates--Estimates; Guarantees of Service, 49 U.S.C.
13704
Rates for transportation of household goods moving on a written
binding estimate must be available to shippers on a non-preferential
basis and must not result in charges that are predatory.
3. Payment of Rates; Exceptions, 49 U.S.C. 13707(b)
Household goods carriers must give up possession of a shipment upon
payment of 100 percent of a binding estimate or 110 percent of a non-
binding estimate, but may collect all charges related to post-contract
services and impracticable operations at delivery (with some
limitations as to the latter).
4. Requirement for Registration, 49 U.S.C. 13901; General Civil
Penalties, 49 U.S.C. 14901(d)(3)
FMCSA registration is required to provide transportation or
brokerage services subject to FMCSA jurisdiction. Transportation or
brokering of household goods without FMCSA registration is punishable
by a minimum civil penalty of $25,000 per violation.
5. Household Goods Carrier Operations; Estimates, 49 U.S.C. 14104(b)
Household goods carriers must comply with certain estimating
requirements and provide individual shippers with prescribed
informational publications.
6. Liability of Carriers Under Receipts and Bills of Lading; Limiting
Liability of Household Goods Carriers to Declared Value; 49 U.S.C.
14706(f)
Household goods carriers are liable for the replacement value of
goods unless the individual shipper waives full value protection in
writing.
7. Dispute Settlement Program for Household Goods Carriers, 49 U.S.C.
14708
Household goods carriers must provide binding arbitration upon a
shipper's request for disputes up to $10,000 involving loss and damage
and payment of charges in addition to those collected at delivery.
8. General Civil Penalties; Estimate of Broker Without Carrier
Agreement, 49 U.S.C. 14901(d)(2)
Household goods brokers making estimates before entering into an
agreement with a carrier are liable for a minimum civil penalty of
$10,000 per violation.
9. General Civil Penalties; Violation Relating to Transportation of
Household Goods, 49 U.S.C. 14901(e)
Any person falsifying documents relating to household goods
shipment weight or charging for accessorial services that are not
performed or are not reasonably necessary for the safe and adequate
movement of the shipment is subject to a minimum civil penalty of
$2,000 for the first violation and $5,000 for each subsequent
violation.
10. Civil Penalty Procedures, 49 U.S.C. 14915
Holding an household goods shipment hostage is punishable by a
minimum civil penalty of $10,000 per violation.
Regulations
1. Designation of Process Agent; Required States, 49 CFR 366.4
All carriers and brokers must designate agents for service of court
process in States of operation.
2. Principles and Practices for the Investigation and Voluntary
Disposition of Loss and Damage Claims, 49 CFR 370.3 Through 370.9
These sections contain regulations governing voluntary disposition
of loss and damage claims. The regulations protect individual shippers,
as well as business shippers, by ensuring that motor carriers
investigate claims and process them in accordance with prescribed
procedures.
3. Records To Be Kept by Brokers; Right of Review, 49 CFR 371.3(c)
Brokers must provide access to transaction records by each party to
a brokered transaction.
4. Records To Be Kept by Brokers; Misrepresentation, 49 CFR 371.7
Brokers must not misrepresent their name or broker status.
5. Bills of Lading for Freight Forwarders, 49 CFR 373.201
All household goods freight forwarders must issue a shipper a
thorough bill of lading covering transportation from origin to
destination.
6. Transportation of Household Goods in Interstate Commerce; Consumer
Protection Regulations, 49 CFR Part 375
This part contains consumer protection regulations governing
transportation of household goods for individual shippers in interstate
commerce. The regulations set forth the rights and obligations of
household goods carriers and shippers with respect to services
provided; liability; estimates; pick up, delivery and transportation of
shipments; payment; and penalties for noncompliance.
7. Procedures Governing the Processing, Investigation, and Disposition
of Overcharge, Duplicate Payment, or Over-Collection Claims, 49 CFR
378.3 Through 378.9
These sections set forth the rights and obligations of household
goods carriers and shippers with respect to the filing and processing
of claims for overcharge, duplicate payment, and over collection for
the transportation of property, including household goods.
8. Surety Bond, Certificate of Insurance, or Other Securities; Cargo
Insurance, 49 CFR 387.301(b)
Household goods carriers must obtain cargo insurance in prescribed
amounts and file evidence of such insurance with FMCSA.
9. Property Broker Surety Bond or Trust Fund, 49 CFR 387.307
All brokers, including household goods brokers, must obtain and
file a surety bond or trust fund to pay shippers or motor carriers if
the broker fails to carry out its contracts for the arrangement of
transportation.
10. General Requirements, 49 CFR 387.403
Household goods freight forwarders must obtain and file the same
level of cargo insurance required of household goods motor carriers.
11. Special Rules for Household Goods Brokers, 49 CFR Part 371, Subpart
B
Household goods brokers offering services to individual shippers
and
[[Page 32903]]
operating in interstate or foreign commerce are subject to the
requirements of subpart B of part 371. This subpart requires that
brokers: use only motor carriers that are properly licensed and
authorized to operate (49 CFR 371.105); provide certain disclosures in
advertisements and Internet Web homepages, and to individual shippers
(49 CFR 371.107 through 371.111, 371.117); provide individual shippers
with a written estimate (49 CFR 371.115); and maintain agreements with
motor carriers before providing written estimates on behalf of these
carriers (49 CFR 371.117). Subpart B also establishes penalties for
violations (49 CFR 371.121).
Issued on: May 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-13530 Filed 6-1-12; 8:45 am]
BILLING CODE 4910-EX-P
