Implementation of Household Goods Working Group Recommendations

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DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 371 and 375 [Docket No. FMCSA-2020-0205] RIN 2126-AC35 Implementation of Household Goods Working Group Recommendations AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

FMCSA proposes to update the Transportation of Household Goods regulations to incorporate recommendations from the Household Goods Consumer Protection Working Group (Working Group) contained in the Recommendations to the U.S. Department of Transportation to Improve Household Goods Consumer Education, Simplify and Reduce Paperwork, and Condense FMCSA Publication ESA 03005 (Recommendations Report). The Agency proposes to update the regulations to reflect those aspects of the Recommendations Report which require a rulemaking to implement and are within the Agency's authority. The proposed updates based on these recommendations would result in an aggregate reduction in costs for household goods motor carriers and provide clarity for individual shippers.

DATES:

Comments must be received on or before October 12, 2021. Comments on the information collection must be received on or before October 12, 2021.

ADDRESSES:

You may submit comments identified by Docket Number FMCSA-2020-0205 using any of the following methods:

• Go to https://www.regulations.gov/docket/FMCSA-2020-0205/document. Follow the online instructions for submitting comments.

• Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.

• Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations

ington, DC 20590-0001.

• Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT:

Ms. Monique Riddick, Commercial Enforcement and Investigations Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-0073; Monique.riddick@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

This notice of proposed rulemaking (NPRM) is organized as follows:

I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Advance Notice of Proposed Rulemaking Not Required E. Comments on the Information Collection II. Executive Summary A. Purpose of the Amendments B. Summary of the Major Provisions C. Costs and Benefits III. Abbreviations IV. Legal Basis V. Background VI. Discussion of Proposed Rulemaking VII. International Impacts VIII. Section-by-Section Analysis IX. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures B. Congressional Review Act C. Regulatory Flexibility Act (Small Entities) D. Assistance for Small Entities E. Unfunded Mandates Reform Act of 1995 F. Paperwork Reduction Act G. E.O. 13132 (Federalism) H. Privacy I. E.O. 13175 (Indian Tribal Governments) J. National Environmental Policy Act of 1969 I. Public Participation and Request for Comments

A. Submitting Comments

If you submit a comment, please include the docket number for this NPRM (Docket No

(Small Entities) D. Assistance for Small Entities E. Unfunded Mandates Reform Act of 1995 F. Paperwork Reduction Act G. E.O. 13132 (Federalism) H. Privacy I. E.O. 13175 (Indian Tribal Governments) J. National Environmental Policy Act of 1969 I. Public Participation and Request for Comments

A. Submitting Comments

If you submit a comment, please include the docket number for this NPRM (Docket No. FMCSA-2020-0205), indicate the specific section of this document to which your comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission.

To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2020-0205/document, click on this NPRM, click “Comment,” and type your comment into the text box on the following screen.

If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.

FMCSA will consider all comments and material received during the comment period and may make changes based on your comments.

Confidential Business Information

ed postcard or envelope.

FMCSA will consider all comments and material received during the comment period and may make changes based on your comments.

Confidential Business Information

CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of the NPRM. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any comments FMCSA receives which are not specifically designated as CBI will be placed in the public docket for this rulemaking.

FMCSA will consider all comments and material received during the comment period.

B. Viewing Comments and Documents

To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2020-0205/document and choose the document to review. To view comments, click this NPRM, and click “Browse Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9

C. Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process

s NPRM, and click “Browse Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9

C. Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy.

D. Advance Notice of Proposed Rulemaking Not Required

This rulemaking is under the authority of several provisions in title 49 U.S.C., subtitle IV, part B and is not a safety rule under title 49 U.S.C., subtitle VI, part B. This rulemaking is therefore not subject to the requirement under 49 U.S.C. 31136(g) to publish an advance notice of proposed rulemaking or proceed with a negotiated rulemaking.

E. Comments on the Information Collection

Written comments and recommendations for the information collection discussed in this NPRM should be sent to FMCSA within 60 days of publication using any of the methods described in “Public Participation and Request for Comments” above.

II. Executive Summary

A. Purpose of the Amendments

FMCSA proposes to incorporate certain recommendations from the Working Group's Recommendations Report into the regulations at 49 CFR part 375. These recommendations, when implemented, would offer streamlined documentation requirements and provide opportunity for increased efficiency for the transportation of household goods for individual shippers by interstate household goods motor carriers and service by household goods brokers, improve consumer education and protection for individual shippers in need of their services, and combat fraud

hese recommendations, when implemented, would offer streamlined documentation requirements and provide opportunity for increased efficiency for the transportation of household goods for individual shippers by interstate household goods motor carriers and service by household goods brokers, improve consumer education and protection for individual shippers in need of their services, and combat fraud. The Working Group was established and provided recommendations pursuant to section 5503 of the Fixing America's Surface Transportation Act (FAST Act), Public Law 114-94, 129 Stat. 1312, 1551 (Dec. 4, 2015).

B. Summary of the Major Provisions

The proposed rule would implement the majority of the Working Group's recommendations that require a rulemaking. These recommendations would update a variety of regulatory requirements under 49 CFR part 375.

The first recommendation from the Working Group that is being proposed in this NPRM is to revise Appendix A to part 375 with an updated version of the Your Rights and Responsibilities When You Move booklet (Rights and Responsibilities). The updated Rights and Responsibilities booklet would contain the same information as the 2013 version of the booklet with some modifications to conform with the other proposed changes in this NPRM, which are discussed below, and to increase clarity of the information contained in the booklet. Additionally, FMCSA is proposing to implement the Working Group's recommendation to require motor carriers to provide the Rights and Responsibilities booklet at the same time as the estimate instead of at the time of the order for service as currently required. These changes to Appendix A and the Rights and Responsibilities booklet would ensure that the appendix matches the information contained in the booklet and that the booklet presents individual shippers with clear and accurate information earlier in the moving process

ng certain information that cannot be determined before the document must be signed. These proposed changes would increase protection of individual shippers by ensuring that any documents they are required to sign be as accurate as possible at the time those documents are signed.

This proposal would also implement the Working Group's recommendation to allow for virtual surveys of household goods. By updating the definition of physical survey to include virtual surveys, this proposed change would allow an option for motor carriers and individual shippers to use live video to conduct surveys, rather than requiring motor carriers to survey the household goods to be moved in-person. A related recommendation to require motor carriers to conduct surveys beyond a 50-mile radius is also being proposed. Based on the availability of virtual surveys, this would ensure that every individual shipper has the option of a survey of their goods prior to the preparation of an estimate. The implementation of these two recommendations, as proposed, would reduce the burden on motor carriers for moves originating within 50 miles of the motor carrier agent's location by allowing them to conduct surveys remotely, while enhancing protection of individual shippers who are beyond 50 miles from the motor carrier agent's location by offering the option for a survey regardless of where the household goods are located.

This proposal would also implement the Working Group's recommendations to remove the requirement for an order for service, update the requirements in the bill of lading, and require the bill of lading to be provided earlier in the moving process. This proposal incorporates all of the requirements that are currently part of the order for service into the bill of lading. FMCSA also proposes to require the bill of lading to be signed at least 3 days before the scheduled date of the move in order to ensure that the bill of lading is provided earlier in the moving process

require the bill of lading to be provided earlier in the moving process. This proposal incorporates all of the requirements that are currently part of the order for service into the bill of lading. FMCSA also proposes to require the bill of lading to be signed at least 3 days before the scheduled date of the move in order to ensure that the bill of lading is provided earlier in the moving process. This would reduce the paperwork burden on motor carriers while ensuring that individual shippers would be given the same level of protection as they are under the current regulations.

FMCSA is also proposing to implement the Working Group's recommendation to replace the requirement for a freight bill with an invoice. This proposed change would increase clarity for individual shippers regarding any outstanding balances that must be paid while reducing repetitive paperwork for motor carriers.

This proposal would implement the Working Group's recommendation to require all motor carriers who have a Ready to Move? on the FMCSA website or to a true and accurate copy of Ready to Move? on their own websites. This would increase the opportunity for individual shippers to become aware of the information contained in Ready to Move? earlier in the moving process.

In addition to proposing to implement the Working Group's recommendations, FMCSA is proposing additional minor changes to the regulations which are intended to increase clarity and consistency.

C. Benefits and Costs

This proposed rule would affect household goods motor carriers and individual shippers

become aware of the information contained in Ready to Move? earlier in the moving process.

In addition to proposing to implement the Working Group's recommendations, FMCSA is proposing additional minor changes to the regulations which are intended to increase clarity and consistency.

C. Benefits and Costs

This proposed rule would affect household goods motor carriers and individual shippers. Some provisions in this rule would result in costs for motor carriers ( i.e., providing the Rights and Responsibilities booklet earlier in the process, and providing either in-person or virtual surveys at locations beyond 50 miles from the motor carrier agent's location), and some provisions would result in negative costs, or cost savings ( i.e., allowing virtual surveys in place of in-person surveys, and eliminating the order for service document and including its information in the bill of lading). The motor carrier efficiencies discussed would not negatively impact shippers, as the services and information received today would not change under the proposed rule. FMCSA does not anticipate that shippers would incur costs as a result of this proposed rule. FMCSA estimates the total 10-year costs of this rule, if finalized as proposed, at −$1.6 million (or $1.6 million in cost savings) discounted at 3 percent, and −$1.3 million (or $1.3 million in cost savings) discounted at 7 percent. Expressed on an annualized basis, this equates to −$188,000 in costs (or $188,000 in cost savings) at both a 3 and 7 percent discount rate.

nt rate.

FMCSA does not expect this rule to impact safety. FMCSA does expect that it would result in benefits related to consumer protection and potentially motor carrier fuel savings. The proposal would result in shippers receiving accurate and clear information earlier in the process, enabling them to make more informed and better decisions regarding which household goods motor carrier to hire. Additionally, the proposal would aid in obtaining more accurate estimates of moving fees based on physical surveys for those interstate moves that are beyond 50 miles from a motor carrier agent's location.

III. Abbreviations

AMSA American Moving and Storage Association ATA American Trucking Associations ATRI American Transportation Research Institute CAGR Compound Average Growth rate CE Categorical Exclusion CFR Code of Federal Regulations DOT Department of Transportation E.O. Executive Order FAST Act Fixing America's Surface Transportation Act FMCSA Federal Motor Carrier Safety Administration FOIA Freedom of Information Act FR Federal Register HHG Household goods ICC Interstate Commerce Commission MAP-21 Moving Ahead for Progress in the 21st Century Act MCMIS Motor Carrier Management Information System MCSAP Motor Carrier Safety Assistance Program NAICS North American Industry Classification System OMB Office of Management and Budget PIA Privacy Impact Assessment PII Personally Identifiable Information PTA Privacy Threshold Assessment SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Secretary Secretary of Transportation STB Surface Transportation Board U.S.C. United States Code IV. Legal Basis for the Rulemaking

The purpose of this rulemaking is to propose changes in the regulations in 49 CFR part 375 applicable to the transportation of household goods for individual shippers in interstate commerce

countable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Secretary Secretary of Transportation STB Surface Transportation Board U.S.C. United States Code IV. Legal Basis for the Rulemaking

The purpose of this rulemaking is to propose changes in the regulations in 49 CFR part 375 applicable to the transportation of household goods for individual shippers in interstate commerce. Most of the proposed changes involve FMCSA's implementation of the recommendations of the Working Group, which was established pursuant to section 5503 of the Fixing America's Surface Transportation Act (FAST Act), Public Law 114-94, 129 Stat. 1312, 1551 (Dec. 4, 2015). Additional changes are being proposed by FMCSA to update provisions in part 375 and its appendix A.

FMCSA's authority to provide protection for individual shippers of household goods is found in several sections of 49 U.S.C. subtitle IV, part B. The sections primarily involved in this rulemaking are 49 U.S.C. 13704, 13707, and 14104. They govern guaranteed service and charges for transportation, payment of rates, and surveys, estimates, and weighing of shipments, respectively. The Secretary of Transportation (the Secretary) has specific authority to issue regulations, including regulations protecting individual shippers, in order to carry out 49 U.S.C. subtitle IV, part B with respect to the transportation of household goods by motor carriers (49 U.S.C. 14104(a)). The Secretary also has broad authority to prescribe regulations to carry out 49 U.S.C. subtitle IV, part B. 49 U.S.C. 13301(a). This authority has been delegated by the Secretary to FMCSA (49 CFR 1.87(a)).

V. Background

FMCSA is an operating administration of the United States Department of Transportation (USDOT). FMCSA's primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses

broad authority to prescribe regulations to carry out 49 U.S.C. subtitle IV, part B. 49 U.S.C. 13301(a). This authority has been delegated by the Secretary to FMCSA (49 CFR 1.87(a)).

V. Background

FMCSA is an operating administration of the United States Department of Transportation (USDOT). FMCSA's primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.

In addition to its primary safety mission, FMCSA is responsible for a national household goods transportation and consumer protection program that promotes increased compliance through data analysis, investigations, enforcement, and public education and outreach activities, and is responsible for licensing and regulating more than 5,000 interstate household goods motor carriers, freight forwarders, and brokers.

Historically, the Interstate Commerce Commission (ICC) regulated all aspects of the interstate moving process from assessing the need to permit entities to participate in the industry, to pricing, to establishing how claims would be handled. When Congress terminated the ICC in 1995 (ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 803 (Dec. 29, 1995)), it transferred household goods regulation to the USDOT. Congress established FMCSA in 2000 to carry out the regulation of commercial motor vehicles, specifically large trucks and buses. Congress also granted the Agency authority over consumer protection of individual household goods shippers.

Since FMCSA's inception, Congress has addressed the regulation of household goods movers through legislation to improve consumer protection and regulatory authority to ensure compliance by motor carriers, brokers, and freight forwarders. The legislation is briefly outlined below:

• Sections 4201-4216 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, passed in 2005

ssed the regulation of household goods movers through legislation to improve consumer protection and regulatory authority to ensure compliance by motor carriers, brokers, and freight forwarders. The legislation is briefly outlined below:

• Sections 4201-4216 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, passed in 2005. These sections of SAFETEA-LU are also referred to as the “Household Goods Mover Oversight Enforcement and Reform Act of 2005;”

• Sections 32921-32923 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, passed in 2012. MAP-21 brought about significant updates to licensing requirements for household goods motor carriers; and

• Section 5503 of the FAST Act, Public Law 114-94, passed in 2015. The FAST Act called for the formation of the Working Group to develop recommendations on how best to convey relevant information to consumers with respect to Federal laws that pertain to the interstate transportation of household goods by motor carriers.

The rationale for this rulemaking to update 49 CFR part 375 is that the rules contained therein are outdated. Additionally, Appendix A: Your Rights and Responsibilities When You Move is outdated. The Protect Your Move website ( http://www.protectyourmove.gov ) displays the 2013 version of the Rights and Responsibilities booklet, which did not undergo change through the rulemaking process. The booklet was instead approved by the FMCSA Administrator for distribution to the household goods industry and their customers. The booklet was shortened in 2013 to enhance readability and contained new regulatory language from the Surface Transportation Board (STB) regarding valuation and insurance and the placement of this language on FMCSA-required transportation documents.

As stated above, the FAST Act required FMCSA to establish a working group to provide specific recommendations as outlined below

d their customers. The booklet was shortened in 2013 to enhance readability and contained new regulatory language from the Surface Transportation Board (STB) regarding valuation and insurance and the placement of this language on FMCSA-required transportation documents.

As stated above, the FAST Act required FMCSA to establish a working group to provide specific recommendations as outlined below. The Working Group was comprised of representatives of the Agency, consumer affairs experts, educators with expertise in how people learn most effectively, and representatives of the household goods moving industry. These members represented all facets of the household goods industry and worked vigorously to produce the Recommendations Report.

Specifically, the FAST Act directed the Working Group to develop recommendations for FMCSA in the following areas:

1. Condense FMCSA publication ESA 03005 ( Ready to Move? ) into a format more easily used by consumers;

2. Use state-of-the-art education techniques and technologies, including optimizing the use of the internet as an educational tool; and

3. Reduce and simplify the paperwork required of motor carriers and shippers in interstate transportation.

The Working Group produced a Recommendations Report 1 with 19 recommendations for FMCSA, stating:

1 Available at https://www.fmcsa.dot.gov/fastact/fast-act-hhg-working-group-report-recommendations. The Recommendations Report is also in the docket for this rulemaking.

1. Develop and maintain modern communications tools, platforms, and partnerships to educate consumers.

2. Develop online (and other) education modules that are short and easily understood, and aligned with the different phases of the moving process.

3. Develop and maintain modern tools to assist the moving industry with its efforts to educate consumers.

4. Provide additional funding for staff and resources dedicated to household goods consumer education

and partnerships to educate consumers.

2. Develop online (and other) education modules that are short and easily understood, and aligned with the different phases of the moving process.

3. Develop and maintain modern tools to assist the moving industry with its efforts to educate consumers.

4. Provide additional funding for staff and resources dedicated to household goods consumer education. This funding would allow FMCSA to:

• Procure full time, year-round, dedicated resources and personnel (either Federal or contracted) with the expertise needed to implement state-of-the-art education utilizing the internet as a tool for the purpose of consumer protection education and outreach efforts.

• Collect data (such as intake interviews) to ensure that education and outreach efforts are effective and continuously improving.

• Collaborate and build partnerships with industry, the public, and other organizations.

• Develop content delivery and messaging tactics for consumer protection education and outreach.

5. This Working Group recommends the following with regard to FMCSA-ESA-03-006, Your Rights and Responsibilities When You Move:

• The 2013 version should be formally adopted by rulemaking to officially replace the pre-2013 version which FMCSA currently permits movers to choose to use in lieu of the formally approved wording.

• FMCSA should look for opportunities to further condense and streamline this document.

• If applicable, and as other recommendations are adopted in the future, the contents of this document should be updated to reflect the changes that are implemented as a result of this Working Group's efforts.

• It should be acceptable for movers to provide this document electronically without requiring the shipper to provide written consent to waive their right to a hard copy.

• Movers should be required to provide this document earlier in the move process (along with the estimate instead of before the order for service).

changes that are implemented as a result of this Working Group's efforts.

• It should be acceptable for movers to provide this document electronically without requiring the shipper to provide written consent to waive their right to a hard copy.

• Movers should be required to provide this document earlier in the move process (along with the estimate instead of before the order for service).

6. FMCSA's guidance should be formally adopted that if a consumer tenders additional items or requests additional services prior to load, and the mover agrees to such additions, the mover should prepare a completely new estimate (instead of amending the existing one). Additionally, the mover should maintain a record of the date, time, and manner that the new estimate was accepted by the shipper.

7. Change the requirement for a “physical” survey to a “visual” survey. The term “visual survey” should include both physical and virtual surveys.

8. Movers should be required to offer visual surveys for all household goods shipments, including those that are located over 50-miles from the mover's location. Consumers should continue to have the option to waive in writing the visual survey if they choose, but movers must offer them the option of a visual survey regardless of distance.

9. The requirement for an order for service should be eliminated, and the unique, critical items from the order for service should be moved to the bill of lading. (Note: The Working Group is recommending eliminating the order for service as a requirement of all movers, but movers that prefer to use an order for service should still be allowed to do so.)

10. The following changes should be made to the bill of lading requirements:

• The carrier's physical address, telephone number, and DOT number should be added to the bill of lading requirements.

• The bill of lading should continue to require the carrier's name, and either the legal or trade name registered with FMCSA should be acceptable

order for service should still be allowed to do so.)

10. The following changes should be made to the bill of lading requirements:

• The carrier's physical address, telephone number, and DOT number should be added to the bill of lading requirements.

• The bill of lading should continue to require the carrier's name, and either the legal or trade name registered with FMCSA should be acceptable.

• The requirement to provide names, addresses, and telephone numbers of additional motor carriers involved in the move should be eliminated. (However, movers should still be allowed to provide this information if they choose to.)

• Any reference to the order for service should be removed from the bill of lading.

• Add “Any identification or registration number you assign to the shipment” to the bill of lading requirements (carried over from the current order for service requirements).

• A statement should be added that the bill of lading incorporates by reference all of the services and charges printed on the estimate.

11. The bill of lading should be made available to consumers prior to the date of load, at least as early as the time when the order for service was previously provided (before a mover receives a shipment from an individual shipper).

12. Remove the requirement for a freight bill, and the written notices for a freight bill should be transferred to an invoice.

13. Finalize the proposed rulemaking published at 79 FR 23306 (4/28/14) to

14. Eliminate the current requirement for consumers to sign a written waiver in order to receive their documents electronically.

15. Movers should be required to provide FMCSA publication ESA 03005 ( Ready to Move? ) when the visual survey is either scheduled or waived by the consumer.

16. The title of FMCSA publication ESA 03005 should be changed from Ready to Move? to Choose Your Mover.

17. ESA 03005 should be made available electronically and should be printable

r in order to receive their documents electronically.

15. Movers should be required to provide FMCSA publication ESA 03005 ( Ready to Move? ) when the visual survey is either scheduled or waived by the consumer.

16. The title of FMCSA publication ESA 03005 should be changed from Ready to Move? to Choose Your Mover.

17. ESA 03005 should be made available electronically and should be printable. It should fit on a standard desktop or laptop screen without requiring scrolling, and it should also be mobile-friendly. Consideration should be given to how the brochure can be both visually appealing and also direct consumers' attention to the right places.

18. All movers who have a website should be required to prominently display, at their option, either a link to the brochure (ESA 03005) on the FMCSA website or a true and accurate copy of ESA 03005 on their own websites.

19. ESA 03005 should be condensed to include only the content found in Appendix H.

The Recommendations Report includes a discussion of potential benefits to both motor carriers and consumers, which are attributed to the reduction in paperwork motor carriers are required to issue. The recommendations of the Working Group seek to provide clarity for consumers, allowing them to move with confidence and make their moves more successful. Finally, the Recommendations Report states that these updates would provide the opportunity for motor carriers to create a smooth moving experience for consumers.

VI. Discussion of Proposed Rulemaking

making

FMCSA has reviewed the recommendations contained in the Recommendations Report and is now proposing changes to 49 CFR part 375 to implement those recommendations that FMCSA believes require a rulemaking. After considering the recommendations, FMCSA found that recommendations 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 18 would require a change to the regulations at 49 CFR part 375 to implement. 2 Those 11 recommendations are therefore considered in this proposed rule, including recommendation 15 discussed below, which FMCSA lacks statutory authority to implement. The Agency will address the remaining recommendations separate from this rulemaking.

2 See Household Goods Consumer Protection Working Group Report To Congress. Available at https://www.fmcsa.dot.gov/mission/policy/household-goods-consumer-protection-working-group-report-congress. The Household Goods Consumer Protection Working Group Report To Congress is also in the docket for this rulemaking.

The specific proposed changes based on the Recommendations Report are described below.

A. Recommendations 5 and 14—Appendix A and Electronic Documents

Recommendation 5 suggests that FMCSA incorporate the 2013 version of the Rights and Responsibilities booklet into appendix A to part 375. Recommendation 5 also suggests that FMCSA look for ways to further condense and streamline the 2013 booklet, update the document with any changes to part 375 from the Recommendations Report, and require movers to provide this booklet earlier in the moving process.

Under current guidance titled Guidance on FMCSA's Publication: Your Rights and Responsibilities When You Move, FMCSA permits distribution of both the 2013 and the pre-2013 version of the Rights and Responsibilities booklet (78 FR 25782, May 2, 2013). The Working Group noted that the 2013 version is much more streamlined than the pre-2013 version, which the Working Group stated is long, cumbersome, and less helpful to consumers

Guidance on FMCSA's Publication: Your Rights and Responsibilities When You Move, FMCSA permits distribution of both the 2013 and the pre-2013 version of the Rights and Responsibilities booklet (78 FR 25782, May 2, 2013). The Working Group noted that the 2013 version is much more streamlined than the pre-2013 version, which the Working Group stated is long, cumbersome, and less helpful to consumers. The Working Group also determined that the 2013 version can be further condensed and would need to be updated to conform with any changes to the regulations in 49 CFR part 375.

FMCSA proposes to revise appendix A to part 375 to formally adopt an updated version of the Rights and Responsibilities booklet. Appendix A currently contains the contents of the pre-2013 version of the Rights and Responsibilities booklet. The updated version of the Rights and Responsibilities booklet that would be incorporated into appendix A would contain the same information as the 2013 version of the booklet, with further updates to reflect the changes to 49 CFR part 375 proposed by this rulemaking, as discussed below. These edits would ensure that the content of the booklet conforms with the updated regulations. The updated Rights and Responsibilities booklet, and therefore appendix A, would also include various minor changes intended to increase the clarity of the information in the booklet for individual shippers. These changes would ensure that the Rights and Responsibilities booklet and appendix A are consistent and contain the most up-to-date information for individual shippers.

ost up-to-date information for individual shippers.

The updated Rights and Responsibilities booklet would contain the same information provided in the proposed contents of appendix A in this rulemaking. Any comments received on the proposed appendix A below which result in changes in a final rule would therefore be reflected in the final version of the updated Rights and Responsibilities booklet. If this NPRM is finalized, motor carriers would be required to provide the updated Rights and Responsibilities booklet in order to satisfy the requirements under 49 CFR 375.213. Accordingly, the Agency would rescind the guidance titled Guidance on FMCSA's Publication: Your Rights and Responsibilities When You Move (78 FR 25782, May 2, 2013) because the pre-2013 and 2013 versions of the Rights and Responsibilities booklet would be inaccurate due to the changes to 49 CFR part 375 in this rulemaking, resulting in individual shipper being misinformed about their regulatory rights and responsibilities under 49 CFR part 375.

FMCSA proposes to amend 49 CFR 375.213 to require motor carriers to provide individual shippers with the Rights and Responsibilities booklet at the time the estimate is provided. The regulations at 49 CFR 375.213 currently require the Rights and Responsibilities booklet to be provided along with the order for service. The statute at 49 U.S.C. 14104(b)(2) states, in part:

Before the execution of a contract for service, the motor carrier shall provide the shipper copy of the Department of Transportation publication OCE 100, entitled “Your Rights and Responsibilities When You Move” required by section 375.213 of title 49, Code of Federal Regulations (or any successor regulation).

OCE 100, entitled “Your Rights and Responsibilities When You Move” required by section 375.213 of title 49, Code of Federal Regulations (or any successor regulation).

FMCSA is proposing to require the Rights and Responsibilities booklet be provided along with the estimate, which is prior to the execution of a contract for service (the bill of lading under the proposed changes in this rulemaking). Motor carriers would likely see an increased burden under this proposed change because they would be required to provide the Rights and Responsibilities booklet earlier in the moving process and more often than they are currently required. This proposed change, however, would also increase the likelihood that individual shippers would become aware of the consumer protection information in the booklet earlier in the moving process, when it would be more helpful for them to understand their rights and responsibilities. The Working Group Report, in its Recommendations 5 and 14, also suggests that FMCSA should revise its regulations to make it acceptable for motor carriers to provide documents, including the Rights and Responsibilities booklet, electronically without requiring the shipper to provide written consent to waive their right to a hard copy. These recommendations were considered by FMCSA after the Working Group Report in the rulemaking titled “Electronic Documents and Signatures” (NPRM, 79 FR 23306, (April 28, 2014), and final rule, 83 FR 16210 (April 17, 2018)) which implemented provisions similar to the related recommendation 13 by “eliminating the requirement in § 375.213 for the Ready to Move brochure and Rights and Responsibilities booklet to be provided only in paper copy or retrieved at a URL.” See 83 FR at 16214

lemaking titled “Electronic Documents and Signatures” (NPRM, 79 FR 23306, (April 28, 2014), and final rule, 83 FR 16210 (April 17, 2018)) which implemented provisions similar to the related recommendation 13 by “eliminating the requirement in § 375.213 for the Ready to Move brochure and Rights and Responsibilities booklet to be provided only in paper copy or retrieved at a URL.” See 83 FR at 16214.

The Electronic Documents final rule retained the provisions of 49 CFR 375.213(e), which provides that a shipper may elect to waive receipt of a copy of either Ready to Move? or the Rights and Responsibilities booklet and elect to access the same information via a hyperlink on the carrier's website to the FMCSA web page. 49 CFR 375.213(a) and (b)(1). When the shipper elects to receive these documents via the hyperlink, the motor carrier is required to obtain a signed and dated receipt that includes “verification of the shipper's agreement to access the Federal consumer protection information on the internet.” 49 CFR 375.213(e)(2).

FMCSA is proposing to remove the requirement in section 375.213(e)(1) for a waiver in order for the individual shipper to have the option to access either Ready to Move? or the Rights and Responsibilities booklet via a hyperlink. FMCSA is not proposing to change the requirements of section 375.213(e)(2) and (3) for the motor carrier to obtain and retain proof that the shipper agreed to access one or both of these publications via the internet. 3 The proposed change would no longer require a waiver for the individual shipper to access documents electronically through a hyperlink, but would still require the motor carrier to obtain a signed receipt as proof of the individual shipper's acknowledgment that they have received access to the electronic copies of these documents. These documents are important to educate individual shippers, and it is necessary ensure that the motor carrier's records are clear that the shipper was able to access to these documents through the provided hyperlink

l require the motor carrier to obtain a signed receipt as proof of the individual shipper's acknowledgment that they have received access to the electronic copies of these documents. These documents are important to educate individual shippers, and it is necessary ensure that the motor carrier's records are clear that the shipper was able to access to these documents through the provided hyperlink.

3 Section 375.213(e) is proposed to be renumbered as section 375.213(f) with substantive changes to allow the proposed insertion of a new paragraph (e).

B. Recommendation 6—Estimates

Recommendation 6 from the Recommendations Report suggested that FMCSA eliminate the motor carrier's ability to revise a binding estimate or a non-binding estimate and, if additional items are tendered, require that a new binding estimate or new non-binding estimate be prepared. The Working Group explained that, while this practice has been adopted in FMCSA guidance titled, Regulatory Guidance Concerning Household Goods Carriers Requiring Shippers To Sign Blank or Incomplete Documents (76 FR 50537, Aug. 15, 2011) (2011 guidance), it should be formally adopted into the regulations.

FMCSA proposes to amend 49 CFR 375.403(a)(6)(ii), (a)(9), and 49 CFR 375.405(b)(7)(ii) to clarify that a motor carrier must prepare a new binding or non-binding estimate when an individual shipper tenders additional household goods or requests additional services. This proposed change would update the regulatory language for consistency with FMCSA's interpretation of the regulations issued in response to question 3 in the 2011 guidance.

onsistency with FMCSA's interpretation of the regulations issued in response to question 3 in the 2011 guidance.

Additionally, FMCSA is proposing to incorporate the rest of the 2011 guidance into the regulations in 49 CFR part 375. The 2011 guidance refers to the regulations at § 375.501(d) when discussing blank documents, incomplete documents, and revised estimates. As discussed in section VI.D. below, FMCSA is proposing to remove 49 CFR 375.501 from the regulations and move certain items from 49 CFR 375.501 to 49 CFR 375.505, including the requirements that are currently located at § 375.501(d). Accordingly, the edits incorporating FMCSA's interpretation of § 375.501(d) found in the 2011 guidance would be made to paragraph § 375.505(g). FMCSA is proposing to add subparagraph (3) to proposed paragraph (g) of § 375.505, which would prevent a motor carrier from requiring an individual shipper to sign a blank document. The Agency is also proposing an additional sentence to paragraph (g)(2) of § 375.505 which would allow motor carriers to omit from documents only that information that cannot be determined before loading, such as actual shipment weight or unforeseen charges incurred in transit. These additional changes clarify how blank and incomplete documents may be involved in the moving process. Blank and incomplete documents may both be provided to the individual shippers for informational purposes. Motor carriers may never require an individual shipper to sign a blank document. Motor carriers may however require individual shippers to sign incomplete documents only when the information omitted from the documents cannot be determined before loading, such as actual shipment weight or unforeseen charges incurred in transit.

These proposed changes fully incorporate FMCSA's interpretation of the regulations from the 2011 guidance into 49 CFR part 375

sign a blank document. Motor carriers may however require individual shippers to sign incomplete documents only when the information omitted from the documents cannot be determined before loading, such as actual shipment weight or unforeseen charges incurred in transit.

These proposed changes fully incorporate FMCSA's interpretation of the regulations from the 2011 guidance into 49 CFR part 375. The proposed changes would protect individual shippers from motor carriers that attempt improperly to utilize blank documents, incomplete documents, or revised estimates when such use is a violation of the regulations in 49 CFR part 375 and would provide additional clarity to motor carriers regarding proper use of blank and incomplete documents. FMCSA would rescind the 2011 guidance if the proposed changes discussed above are finalized.

C. Recommendations 7 and 8—Surveys of Household Goods

Recommendation 7 from the Recommendations Report suggested that FMCSA change the requirement for a physical survey to a visual survey. The Working Group stated that the term visual survey should include both physical and virtual surveys. The Working Group determined that the term visual survey was necessary to ensure that movers actually see what they would be moving before preparing an estimate, while recognizing that technological advances would allow remote surveys through the use of video capability in addition to physical surveys.

FMCSA proposes to define the term physical survey to include both on-site and virtual surveys

The Working Group determined that the term visual survey was necessary to ensure that movers actually see what they would be moving before preparing an estimate, while recognizing that technological advances would allow remote surveys through the use of video capability in addition to physical surveys.

FMCSA proposes to define the term physical survey to include both on-site and virtual surveys. The requirement for a physical survey originates in 49 U.S.C 14104(b)(1)(A), which states:

Except as otherwise provided in this subsection, every motor carrier providing transportation of household goods described in section 13102(10)(A) as a household goods motor carrier and subject to jurisdiction under subchapter I of chapter 135 shall conduct a physical survey of the household goods to be transported on behalf of a prospective individual shipper and shall provide the shipper with a written estimate of charges for the transportation and all related services.

However, there is no definition for the term physical survey in the statute and FMCSA has not established a definition physical survey in order to give a clear meaning to the term and to resolve any ambiguity. FMCSA would not change the term physical survey to visual survey as recommended by the Working Group because FMCSA does not believe that it can replace the statutory term with a new term. However, FMCSA has sufficient authority to propose a reasonable interpretation of the term which meets the functional intent of the Working Group's recommendation. FMCSA proposes to define physical survey in 49 CFR 375.103 as “a survey which is conducted on-site or virtually

y as recommended by the Working Group because FMCSA does not believe that it can replace the statutory term with a new term. However, FMCSA has sufficient authority to propose a reasonable interpretation of the term which meets the functional intent of the Working Group's recommendation. FMCSA proposes to define physical survey in 49 CFR 375.103 as “a survey which is conducted on-site or virtually. If the survey is performed virtually, the household goods motor carrier must be able to view the household goods through live video that allows it to clearly identify the household goods to be transported.” The proposed definition of physical survey would allow for virtual surveys with a live video component that would permit motor carriers to see the household goods that are the subject of the survey as if the motor carrier were performing the survey on-site. Any survey conducted without a video component, such as verbally over the phone or through filling out a form, would not be acceptable under this proposed change. This definition requires both the motor carrier and the individual shipper to be physically present on a live video in order to perform a virtual survey.

This proposed change recognizes the significant technological advances ( e.g., use of smart phones, tablets, faster computers) that have occurred since the passage of SAFETEA-LU and its implementing regulations, which allow for clear live videos between motor carriers and individual shippers. Allowing motor carriers to use this technology to conduct remote surveys of household goods reduces the burden of those surveys on the motor carriers. Requiring a live visual component to the survey process ensures that motor carriers provide consumers with estimates that are as accurate as those prepared following an on-site survey

clear live videos between motor carriers and individual shippers. Allowing motor carriers to use this technology to conduct remote surveys of household goods reduces the burden of those surveys on the motor carriers. Requiring a live visual component to the survey process ensures that motor carriers provide consumers with estimates that are as accurate as those prepared following an on-site survey.

Recommendation 8 from the Recommendations Report suggested that FMCSA require movers to offer visual surveys for all household goods shipments, including those that are located over 50 miles from the motor carrier agent's location. The Working Group determined that, with the availability of virtual surveys, consumers' ability to obtain a visual survey should no longer be limited because of distance.

FMCSA proposes to remove the provision under 49 CFR 375.401(a)(1) that excepts from the physical survey requirement those surveys where the household goods are located more than 50 miles from the motor carrier agent's location. FMCSA also proposes to remove similar language from 49 CFR 371.113(a) to ensure consistency in the regulations relating to household goods brokers. The statutory language in 49 U.S.C. 14104(b)(1)(C) states that the written estimate given to an individual shipper shall be based on a physical survey of the household goods if the household goods are located within a 50-mile radius of the location of the carrier's agent preparing the estimate. Congress enacted this provision in section 4205 of SAFETEA-LU, Public Law 109-59, 119 Stat. 1144 at 1753-54 (Aug. 10, 2005). Both the statute and legislative history are silent on whether an estimate should be based on a physical survey when the household goods are located more than 50 miles from the location of the carrier's agent. (Id., see also Sen. Rep. 109-120 at 47-48 (July 29, 2005), and H. Conf. Rep. 109-203 at 1009-1010 (July 28, 2005))

f SAFETEA-LU, Public Law 109-59, 119 Stat. 1144 at 1753-54 (Aug. 10, 2005). Both the statute and legislative history are silent on whether an estimate should be based on a physical survey when the household goods are located more than 50 miles from the location of the carrier's agent. (Id., see also Sen. Rep. 109-120 at 47-48 (July 29, 2005), and H. Conf. Rep. 109-203 at 1009-1010 (July 28, 2005)). But the Senate report on SAFETEA-LU also noted that:

Inaccurate estimates based on an inventory provided by a prospective customer over the telephone or the internet are the source of many complaints and disputes. It is hoped that requiring an estimate be based on a visual inspection of the goods to be moved prior to the execution of a contract will significantly reduce such disputes.

In 2007, FMCSA adopted regulations to implement this statutory provision, among others, in Amendments To Implement Certain Provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 72 FR 36760. The Agency stated that:

The statute permits two exceptions to the requirement for a physical survey. First, the motor carrier need not conduct a physical survey if the household goods are located beyond a 50-mile radius of the location of the carrier's household goods agent preparing the written estimate provided to the individual shipper.

72 FR at 36764. Because the statute permitted, but did not require, that estimates for household goods located more than 50 miles from the motor carrier agent's location be based on a physical survey, the implementing regulation, in § 375.401(a)(1) provides: If the household goods are located beyond a 50-mile radius of the location of the household goods motor carrier's agent preparing the estimate, the requirement to base the estimate on a physical survey does not apply.

See also 72 FR at 36766

located more than 50 miles from the motor carrier agent's location be based on a physical survey, the implementing regulation, in § 375.401(a)(1) provides: If the household goods are located beyond a 50-mile radius of the location of the household goods motor carrier's agent preparing the estimate, the requirement to base the estimate on a physical survey does not apply.

See also 72 FR at 36766. Even though household goods carriers and their agents are not required to perform a physical survey on goods located more than 50 miles from the motor carrier agent's location, neither the statute nor the regulation precludes carriers from conducting a physical survey in such circumstances, if they choose to do so. For similar reasons, the statute also does not preclude the consideration of a regulatory requirement for physical inspection of household goods located beyond the 50-mile radius. Recommendation 8 in the Recommendations Report states:

Movers should be required to offer visual surveys for all household goods shipments, including those that are located over 50-miles from the mover's location. Consumers should continue to have the option to waive in writing the visual survey if they choose, but movers must offer them the option of a visual survey regardless of distance.

As the Recommendations Report explained: The Working Group also discussed the current exception to the survey requirements for consumers who are over 50 miles from the HHG carrier's agent. The reason for this exception is because consumers living in remote areas may not be able to obtain one or more estimates if movers were required to travel long distances to physically inspect shipments. The Working Group determined that since virtual surveys are a realistic possibility, that consumers' ability to obtain a visual survey should not now be waived automatically because of distance

t. The reason for this exception is because consumers living in remote areas may not be able to obtain one or more estimates if movers were required to travel long distances to physically inspect shipments. The Working Group determined that since virtual surveys are a realistic possibility, that consumers' ability to obtain a visual survey should not now be waived automatically because of distance. Rather, if consumers' goods are located more than 50 miles from the mover's agent that is providing the estimate, they should be given the option of a visual survey. Consumers should continue to have the option to waive the visual survey if they choose, but movers must offer them the option of a visual survey regardless of distance. Movers will be required to perform a visual survey unless the consumer decides to voluntarily waive the right for such survey.

Report at 30-31 (emphasis in original). In the Report to Congress in response to the Working Group's recommendations (submitted in September 2019 as required by section 5503 of the FAST Act), FMCSA addressed Recommendation 8 as follows: FMCSA is evaluating the working group's recommendation. If deemed appropriate by the Administrator/Secretary, FMCSA will develop proposed regulatory changes for notice and comment rulemaking. This recommendation would add a potential benefit to the consumer by preventing unexpected charges for additional household goods.

Report at 4. As recognized in the passage above from the Senate Report on SAFETEA-LU, a physical inspection of the

In addition, 49 U.S.C. 14104(a) includes a general delegation of authority to the Agency to adopt regulations for the protection of individual shippers of household goods. By expanding the required use of physical surveys (either on-site or virtual) to individual shippers located beyond 50 miles, the proposed amendment would provide more shippers with protections and increase the competitive alternatives available to them

104(a) includes a general delegation of authority to the Agency to adopt regulations for the protection of individual shippers of household goods. By expanding the required use of physical surveys (either on-site or virtual) to individual shippers located beyond 50 miles, the proposed amendment would provide more shippers with protections and increase the competitive alternatives available to them. Requiring a physical survey beyond 50 miles could result in motor carriers performing more surveys of household goods than they perform under the current regulations. FMCSA estimates however that all shippers located beyond 50 miles from the motor carrier agent's location would take advantage of the virtual survey option, as discussed in section IX.A.

D. Recommendations 9, 10, and 11—Order for Service and Bill of Lading

Recommendation 9 from the Recommendations Report suggested that FMCSA should eliminate the order for service and add any items on the order for service that are not already on the bill of lading to that document. The Working Group explained that the requirement for an order for service results in an additional paperwork burden for motor carriers without providing any additional protection for individual shippers. The Working Group stated that the information required by the bill of lading and order for service is very similar, therefore they could be combined to reduce the paperwork burden for motor carriers.

FMCSA proposes to remove the requirement for an order for service for the shipment of household goods under Part 375. This proposed change recognizes the significant overlaps in the current order for service requirements in § 375.501 and the bill of lading requirements in § 375.505. Additionally, FMCSA proposes to remove all references to the order for service from Part 375 and replace them with references to the bill of lading. FMCSA proposes to delete 49 CFR 375.501 and, as discussed below, to update 49 CFR 375.505 with all of the requirements currently found in § 375.501

e current order for service requirements in § 375.501 and the bill of lading requirements in § 375.505. Additionally, FMCSA proposes to remove all references to the order for service from Part 375 and replace them with references to the bill of lading. FMCSA proposes to delete 49 CFR 375.501 and, as discussed below, to update 49 CFR 375.505 with all of the requirements currently found in § 375.501.

Recommendation 10 from the Recommendations Report suggested that FMCSA make a variety of updates to the bill of lading requirements:

• Add the carrier's physical address, telephone number, DOT number, any identification or registration number assigned to the shipment, and a statement that the bill of lading incorporates by reference all of the services and charges printed on the estimate;

• Continue to require the carrier's name on the bill of lading, and provide that either the legal or trade name ( i.e., doing business as name) registered with FMCSA is acceptable for use;

• Eliminate the requirement that names, addresses, and telephone numbers of additional motor carriers involved in the move be provided; and

• Remove references to the order for service;

Recommendation 11 from the Recommendations Report suggested that FMCSA should require movers to provide the bill of lading to consumers prior to the date of loading.

te of loading.

FMCSA proposes to update the requirements for a bill of lading under 49 CFR 375.505 to include requirements currently found in an order for service. The proposed bill of lading requirements would offer the same level of protection, but with a lesser paperwork burden. These updates to the bill of lading requirements include almost all of the recommended changes in recommendation 10. FMCSA is not proposing to eliminate the requirement to provide names, addresses, and telephone numbers of additional motor carriers involved in the move, because this requirement provides the individual shipper with information that is often necessary to understand which motor carriers are involved in the shipment of their household goods.

FMCSA proposes to update § 375.505(b) by adding the requirements currently found in § 375.501(a) which are not already covered by § 375.505(b). This proposed change ensures that § 375.505(b) would require the same information on a bill of lading currently required in an order for service. By ensuring that all the information from both documents would be included in the bill of lading, the proposed change would provide the same level of consumer protection while only requiring a single document and therefore reducing the burden on motor carriers.

FMCSA also proposes to update 49 CFR 375.505 by adding the requirements that are currently in 49 CFR 375.501(b) through (e). Under the proposed change, these sections would be moved to § 375.505(e) through (h). These sections would also be updated to replace references to an order for service with references to a bill of lading. FMCSA also proposes an additional update to the new § 375.505(f) to clarify that the bill of lading must be signed at both the origin and the destination of the shipment by the motor carrier and the individual shipper

ge, these sections would be moved to § 375.505(e) through (h). These sections would also be updated to replace references to an order for service with references to a bill of lading. FMCSA also proposes an additional update to the new § 375.505(f) to clarify that the bill of lading must be signed at both the origin and the destination of the shipment by the motor carrier and the individual shipper. These proposed changes would ensure that the regulatory requirements that are currently in 49 CFR 375.501 are fully incorporated into 49 CFR 375.505 and would not be lost by removing the requirement for an order for service.

Additionally, FMCSA proposes to add § 375.505(h) to require movers to provide the bill of lading to consumers prior to the date of load. The Working Group recommended that the bill of lading be provided before the date of the load, at least as early as the order for service was provided. The current regulations do not have a specific requirement for when the order for service must be provided to an individual shipper. However, § 375.501(e) mentions allowing for a 3-day period, if possible, for the individual shipper to rescind the order for service after it is provided by the motor carrier. FMCSA proposes to require motor carriers to provide a bill of lading to individual shippers at least 3 days prior to the date the shipment is scheduled to be loaded. This proposed approach implements recommendation 11 and ensures that individual shippers will have sufficient time to fully read and understand the bill of lading and decide if they want to rescind it. FMCSA specifically requests public comment on whether the bill of lading should be provided more or fewer than 3 days before the date the shipment is scheduled to be loaded.

E. Recommendation 12—Invoice

ent on whether the bill of lading should be provided more or fewer than 3 days before the date the shipment is scheduled to be loaded.

E. Recommendation 12—Invoice

Recommendation 12 from the Recommendations Report suggested that FMCSA remove the requirement for a freight bill, and replace references in the Federal Motor Carrier Safety Regulations to a freight bill with references to an invoice. The Working Group stated that the freight bill requirement is repetitive and unnecessary, evidenced by the fact that movers typically combine it with the bill of lading. The Working Group explained that customers who have already paid in full for their charges find a freight bill confusing, while customers with a balance due after their deliveries better understand an invoice as a request for payment.

FMCSA proposes to replace the requirement for a freight bill in Subpart H of 49 CFR part 375 with a requirement for an invoice. This proposed change would reduce the need for essentially duplicative documents, while increasing clarity regarding outstanding charges for individual shippers. Accordingly, FMCSA proposes to replace the term “freight bill” with the word “invoice” throughout 49 CFR 375.

F. Recommendations 15 and 18—Ready To Move

Recommendation 15 from the Recommendations Report suggested that FMCSA require movers to provide FMCSA publication ESA 03005 ( Ready to Move? ) when the physical survey is either scheduled or waived by the consumer. The Working Group determined that consumers are not currently receiving the brochure at the right time in the moving process, and that consumers should receive the information contained in the brochure earlier in the process, before picking a mover. The Working Group explained that the brochure provides critical information about how to select a mover and the best time for consumers to receive this information is during the very early stages of the process.

FMCSA is not proposing to implement recommendation 15. FMCSA does not believe that the statute at 49 U.S.C

ation contained in the brochure earlier in the process, before picking a mover. The Working Group explained that the brochure provides critical information about how to select a mover and the best time for consumers to receive this information is during the very early stages of the process.

FMCSA is not proposing to implement recommendation 15. FMCSA does not believe that the statute at 49 U.S.C. 14104(b)(2) allows Ready to Move? to be provided earlier than at the time the estimate is provided. That statutory provision states, in part:

At the time that a motor carrier provides the written estimate required by paragraph (1), the motor carrier shall provide the shipper a copy of the Department of Transportation publication FMCSA-ESA-03-005 (or its successor publication) entitled “Ready to Move?”.

FMCSA believes this language explicitly requires Ready to Move? to be provided when the motor carrier provides the estimate to the individual shipper. For this reason, FMCSA is not proposing to implement recommendation 15 at this time. Recommendation 18 from the Recommendations Report suggested that FMCSA should require all household goods motor carriers that have a website to display prominently, at their option, either a link to Ready to Move? on the FMCSA website or a true and accurate copy of Ready to Move? on their own websites. The Working Group determined that this requirement would allow consumers to have access to this information as soon as they start searching for movers and would ensure broader distribution.

FMCSA proposes to update 49 CFR 375.213 to include a requirement for a motor carrier that has a website to display prominently either a link to Ready to Move? on the FMCSA website or a true and accurate copy of Ready to Move? on their own website. This proposed change would only apply to motor carriers that already have a website and does not impose any requirement for motor carriers to create a website

proposes to update 49 CFR 375.213 to include a requirement for a motor carrier that has a website to display prominently either a link to Ready to Move? on the FMCSA website or a true and accurate copy of Ready to Move? on their own website. This proposed change would only apply to motor carriers that already have a website and does not impose any requirement for motor carriers to create a website. Requiring motor carriers to update their existing website including the hyperlink or electronic document ensures that individual shippers are more likely to become aware of Ready to Move? earlier in the process when they are initially looking for motor carriers to contact. The Agency specifically requests public comment on whether the term “display prominently” provides sufficient clarity to motor carriers regarding where to include either a link to Ready to Move? on the FMCSA website or a true and accurate copy of Ready to Move? on their own website. If the term does not provide sufficient clarity, the Agency specifically requests public comment on alternative language to ensure that individual shippers can easily find the required link to Ready to Move? on the FMCSA website or a true and accurate copy of Ready to Move? on a motor carrier's website.

G. Additional Proposed Changes

FMCSA proposes to make clarifying changes to 49 CFR part 375 in addition to the recommendations from the Working Group. The Agency proposes to define bill of lading as “both the receipt and the contract for the transportation of the individual shipper's household goods.” This proposed definition would provide additional information regarding the role of the bill of lading in the household goods moving process in light of the removal of the order for service requirement.

FMCSA proposes to update the definition of Surface Transportation Board in 49 CFR 375.103 to reflect that the STB is no longer an agency within DOT and is an independent establishment of the United States government. See 49 U.S.C. 1301

dditional information regarding the role of the bill of lading in the household goods moving process in light of the removal of the order for service requirement.

FMCSA proposes to require that motor carriers provide a direct hyperlink to Ready to Move? and the Rights and Responsibilities booklet on the Agency's website if they use a hyperlink to provide those documents to individual shippers under 49 CFR 375.213. This proposed revision would specify that the hyperlinks be direct to each document and not to FMCSA's website generally, in order to ensure that individual shippers who are provided with those hyperlinks are able to access the required documents without needing to search FMCSA's website for the required information. The Agency recognizes that the location of documents on its website may change as the website is updated and would ensure that their location is not affected by website updates or updates to the documents themselves.

FMCSA proposes to revise the title of 49 CFR 375.801 to read “What types of charges are subject to subpart H?” instead of “What types of charges apply to subpart H?” This would clarify that 49 CFR 375.801 discusses which types of charges are subject to the requirements of subpart H.

Overall, the implementation of the proposed changes discussed in this NPRM are expected to reduce paperwork burden, save money on printing materials, and save time for regulated entities and stakeholders. Consumers would have fewer documents to review, approve, and sign and potentially experience less confusion in a stressful situation.

VII. International Impacts

The regulations in 49 CFR parts 371 and 375 apply only within the United States (50 states and the District of Columbia)

reduce paperwork burden, save money on printing materials, and save time for regulated entities and stakeholders. Consumers would have fewer documents to review, approve, and sign and potentially experience less confusion in a stressful situation.

VII. International Impacts

The regulations in 49 CFR parts 371 and 375 apply only within the United States (50 states and the District of Columbia). Motor carriers and drivers are subject to the laws and regulations of the countries in which they operate, unless an international agreement states otherwise. Drivers and carriers should be aware of the regulatory differences among nations.

VIII. Section-by-Section Analysis

This section-by-section analysis describes the proposed changes in numerical order.

A. Section 371.113 May I provide individual shippers with a written estimate?

Paragraph (a) of this section would be revised to remove the requirement for household goods to be within 50 miles of the motor carrier agent's location before a physical survey is required.

B. Section 375.103 What are the definitions of terms used in this part?

In this section, a definition for bill of lading would be added to clarify the role of the bill of lading as both a contract and a receipt in the transportation of household goods. The current definition for order for service would be removed. A definition for physical survey would also be added, which would allow for virtual surveys. The current definition for reasonable dispatch would be revised to remove the reference to the order for service. The current definition for Surface Transportation Board would be updated to reflect that the STB is no longer an agency within DOT, but is instead an independent agency.

C. Section 375.211 Must I have an arbitration program?

In paragraph (a) subparagraph (2), the term “order for service” would be removed and replaced with “bill of lading.”

to remove the reference to the order for service. The current definition for Surface Transportation Board would be updated to reflect that the STB is no longer an agency within DOT, but is instead an independent agency.

C. Section 375.211 Must I have an arbitration program?

In paragraph (a) subparagraph (2), the term “order for service” would be removed and replaced with “bill of lading.”

D. Section 375.213 What information must I provide to a prospective individual shipper?

In this section, the introductory text of paragraph (a) would be revised and subparagraphs (1) and (2) would be added. The new paragraph (a) would require both Ready to Move? and the Rights and Responsibilities booklet to be provided to the individual shipper along with the estimate. Subparagraphs (1) and (2) would also include a requirement for motor carriers providing a hyperlink for either of the documents to the individual shipper to provide a hyperlink directly to those documents on the FMCSA website.

In the introductory text of paragraph (b), the term “order for service” would be removed and replaced with “bill of lading” and the word “five” would be removed and replaced with “four.” Paragraph (b)(1) would be deleted and paragraphs (b)(2) through (b)(5) would be renumbered as (b)(1) through (b)(4).

Paragraph (e) would be redesignated as paragraph (f) and a new paragraph (e) would be added, which would require motor carriers that have a website to display prominently either a link to the Ready to Move? document on the FMCSA website or a true and accurate copy of that document on their own websites.

E. Section 375.215 How must I collect charges?

In this section, the requirement for a freight or expense bill in the first sentence would be replaced with a requirement for an invoice.

F. Section 375.217 How must I collect charges upon delivery?

In paragraph (b), the language regarding an order for service would be removed.

true and accurate copy of that document on their own websites.

E. Section 375.215 How must I collect charges?

In this section, the requirement for a freight or expense bill in the first sentence would be replaced with a requirement for an invoice.

F. Section 375.217 How must I collect charges upon delivery?

In paragraph (b), the language regarding an order for service would be removed.

G. Section 375.221 May I use a charge or credit card plan for payments?

In paragraph (c), the phrase “for a freight or expense bill” would be removed and replaced with the phrase “an invoice.”

H. Section 375.401 Must I estimate charges?

In this section, the introductory text of paragraph (a) would be revised to require a physical survey for all shipments unless waived, and to state that the only way to waive the physical survey of household goods is through a written agreement between an individual and a motor carrier. Additionally, paragraph (a) would be further revised so that paragraphs (a)(2)(i) through (a)(2)(iii) would be redesignated as (a)(1) through (a)(3).

Paragraph (b) would be revised by removing the phrase “an order for service” and replacing it with “a bill of lading.” In paragraph (f), the phrase “the order for service and” would be removed in both places it appears.

I. Section 375.403 How must I provide a binding estimate?

In this section, paragraph (a)(1) would be revised to reflect that 49 CFR 375.401(a) would allow for only one waiver procedure under the proposed changes discussed above. Paragraphs (a)(6)(ii) and (a)(9) would be revised to no longer allow for a revised binding estimate and instead require the preparation of a new binding estimate when an individual shipper tenders additional household goods or requires additional services related to the transportation of the household goods.

would allow for only one waiver procedure under the proposed changes discussed above. Paragraphs (a)(6)(ii) and (a)(9) would be revised to no longer allow for a revised binding estimate and instead require the preparation of a new binding estimate when an individual shipper tenders additional household goods or requires additional services related to the transportation of the household goods.

J. Section 375.405 How must I provide a non-binding estimate?

In this section, paragraph (b)(7)(ii) would be revised to no longer allow for a revised non-binding estimate and would instead require the preparation of a new non-binding estimate when an individual shipper tenders additional household goods or requires additional services related to the transportation of the household goods.

In paragraph (c) the language regarding an order for service would be removed.

K. Section 375.501 Must I write up an order for service?

This section would be deleted in its entirety.

L. Section 375.505 Must I write up a bill of lading?

In this section, paragraph (a) would be revised to clarify that a motor carrier must prepare and issue a bill of lading at least 3 days before receiving a shipment of household goods to transport for an individual shipper. Additionally, the last three sentences in the paragraph would be removed. Removing these sentences would delete a discussion of incomplete bills of lading, which would be addressed under paragraph (h), as well as a reference to an order for service.

Paragraph (b) would be revised to require a bill of lading to contain 17 items, instead of the 14 items a bill of lading is currently required to contain. The additional three items, as well as updates to the other items listed in paragraph (b)(1) through (b)(17), incorporate requirements currently found in 49 CFR 375.501(a).

In paragraph (d), the word “bills” would be removed and replaced with “a bill of lading.”

New paragraph (e), which would mirror current paragraph 49 CFR 375.501(b), would be added to this section

rently required to contain. The additional three items, as well as updates to the other items listed in paragraph (b)(1) through (b)(17), incorporate requirements currently found in 49 CFR 375.501(a).

In paragraph (d), the word “bills” would be removed and replaced with “a bill of lading.”

New paragraph (e), which would mirror current paragraph 49 CFR 375.501(b), would be added to this section.

New paragraph (f), which would mirror current paragraph 49 CFR 375.501(c), would be added to this section with updates to replace all references to an order for service with language regarding a bill of lading.

New paragraphs (g)(1) through (g)(3) would be added to this section. Paragraphs (g)(1) and (g)(2) would mirror current paragraphs 49 CFR 375.501(d)(1) and (2) with updates to remove the reference to an order for service in subparagraph (1) and replacing “at origin” with “before the shipment is loaded” in subparagraph (2). Subparagraph (3) would be added to state that a motor carrier cannot require an individual shipper to sign a blank document.

A new paragraph (h) would be added to this section to require the motor carrier to provide the bill of lading at least 3 days before loading and provide the individual shipper a 3-day period after the individual shipper signs the bill of lading to rescind the bill of lading. It would also require a motor

M. Section 375.605 How must I notify an individual shipper of any service delays?

In paragraph (a), the term “order for service” would be removed and replaced with the term “bill of lading.”

N. Section 375.801 What types of charges apply to subpart H?

The title of this section would be changed to read “What types of charges are subject to subpart H?” to clarify that 49 CFR 375.801 discusses which types of charges are subject to the requirements of subpart H. Additionally, the term “invoice” would replace the term “freight bill” in paragraph (a).

with the term “bill of lading.”

N. Section 375.801 What types of charges apply to subpart H?

O. Section 375.803 How must I present my freight or expense bill?

In this section, the term “invoice” would replace the term “freight bill” everywhere it appears, including in the section title. The new title would read “How must I present my invoice?”

P. Section 375.805 If I am forced to relinquish a collect-on-delivery shipment before the payment of ALL charges, how do I collect the balance?

The term “invoice” would replace the term “freight bill.”

Q. Section 375.807 What actions may I take to collect the charges upon my freight bill?

In this section, the term “invoice” would replace the term “freight bill” everywhere it appears, including in the section title. The new title would read “What actions may I take to collect the charges upon my invoice?”

R. Appendix A to Part 375—Your Rights and Responsibilities When You Move

This appendix would be replaced in its entirety with the information contained in the updated Your Rights and Responsibilities When You Move booklet, which would conform with the other revisions to part 375 discussed in this proposal.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures

mproving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures

Under section 3(f) of E.O. 12866 (58 FR 51735, October 4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), Improving Regulation and Regulatory Review, this NPRM does not require an assessment of potential costs and benefits under section 6(a)(3) of E.O. 12866. Accordingly, the Office of Management and Budget has not reviewed it under those Orders. In addition, this rule is not significant within the meaning of DOT regulatory policies and procedures.

Affected Entities

This proposed rule affects household goods motor carriers covered by the 49 CFR part 375 regulations. These regulations are based on the commercial statutes with special provisions for household goods carriers that authorize States, at their discretion, to enforce Federal rules, but only for interstate household goods transportation. The motor carrier safety assistance program (MCSAP) statutes do not require MCSAP grant recipients to adopt compatible commercial regulations for intrastate transportation not related to safety. 4 Therefore, FMCSA anticipates that this rule would affect interstate household goods motor carriers, and does not include intrastate household goods motor carriers in the counts of affected entities.

4 See 49 U.S.C. 31102(c)(2)(Q).

FMCSA obtained motor carrier count information from the Motor Carrier Management Information System (MCMIS), which includes information submitted to FMCSA by motor carriers the first time they apply for a DOT number, and then biennially thereafter. The table below shows the counts of household goods motor carriers in 2019 and estimates of the number of carriers that would be affected by this rule annually during the analysis period of 2022 to 2031.

FMCSA estimated the future baseline number of motor carriers by developing a compound average growth rate (CAGR) using historical counts from 2014 through 2019

r, and then biennially thereafter. The table below shows the counts of household goods motor carriers in 2019 and estimates of the number of carriers that would be affected by this rule annually during the analysis period of 2022 to 2031.

FMCSA estimated the future baseline number of motor carriers by developing a compound average growth rate (CAGR) using historical counts from 2014 through 2019. There were 3,472 active household goods motor carriers in 2014, and 4,297 active household goods motor carriers in 2019, resulting in a CAGR of 4.36 percent.

This rule would also affect shippers, or consumers who hire household goods motor carriers. The U.S. Census Bureau estimates that approximately 7.4 million people moved interstate during 2018, and that the average household contained 2.63 people. Therefore, we can estimate that approximately 2.8 million households participated in interstate moves during 2018 (7,443,306 ÷ 2.63 = 2,830,154). 5 However, most interstate moves do not involve a for-hire mover, and thus would not be affected by this rule. As discussed below, the American Moving and Storage Association (AMSA) estimated that approximately 20 percent of interstate household good moves are completed by for-hire movers. 6

5 U.S. Census Bureau. 2018: ACS 5-Year Estimates Data Profiles. Available at: https://data.census.gov/cedsci/table?d=ACS%205-Year%20Estimates%20Data%20Profiles&table=DP02&tid=ACSDP5Y2018.DP02&vintage=2018&hidePreview=true (accessed October 6, 2020).

6 The AMSA will become a conference of the ATA. AMSA to Become Conference of American Trucking Associations (Aug. 7, 2020), available at https://www.moving.org/amsa-to-become-conference-of-american-trucking-associations/

e at: https://data.census.gov/cedsci/table?d=ACS%205-Year%20Estimates%20Data%20Profiles&table=DP02&tid=ACSDP5Y2018.DP02&vintage=2018&hidePreview=true (accessed October 6, 2020).

Table 1—Interstate Household Goods (HHG) Motor Carriers Year Interstate HHG motor carriers 2019 4,297 2020 4,484 2021 4,680 2022 4,884 2023 5,097 2024 5,319 2025 5,551 2026 5,793 2027 6,046 2028 6,309 2029 6,584 2030 6,871 2031 7,171 Analysis Inputs

Motor Carrier Profit per Hour

Broadly speaking, the opportunity cost to the motor carrier (the firm) of a given regulatory action is the value of the best alternative that the firm must forgo in order to comply with the regulatory action. In this analysis, FMCSA follows the methodology used in the Entry-Level Driver Training rulemakings published in 2016 and 2018 and values the change in time spent in nonproductive activity as the opportunity cost to the firm, which is represented by the now attainable profit, using three variables: The marginal cost of operating a CMV, an estimate of a typical average motor carrier profit margin, and the change in nonproductive time.

The American Transportation Research Institute (ATRI) report, An found that marginal operating costs were $71.78 per hour in 2018. 7 These marginal costs include vehicle-based costs ( e.g., fuel costs, insurance premiums, etc.), and driver-based costs ( i.e., wages and benefits).

7 ATRI. An Analysis of the Operational Costs of Trucking: 2019 Update. October 2019. Table 10, pg. 19. Available at: https://truckingresearch.org/wp-content/uploads/2019/11/ATRI-Operational-Costs-of-Trucking-2019-1.pdf (accessed December 11, 2019). Source data are assumed to be presented in 2018 dollar terms.

Next, the Agency estimated the profit margin for motor carriers

wages and benefits).

Next, the Agency estimated the profit margin for motor carriers. Profit is a function of revenue and operating expenses, and the American Trucking Associations (ATA) defines the operating ratio of a motor carrier as a measure of profitability based on operating expenses as a percentage of gross revenues. 8 Armstrong & Associates, Inc. (2009) states that trucking companies that cannot maintain a minimum operating ratio of 95% (calculated as operating costs ÷ net revenue) will not have sufficient profitability to continue operations in the long run. 9 Therefore, Armstrong & Associates states that trucking companies need a minimum profit margin of 5% of revenue to continue operating in the future. Transport Topics publishes data on the “Top 100” for-hire carriers, ranked by revenue. 10 For 2014, 39 of these Top 100 carriers also have net income information reported by Transport Topics. FMCSA estimates that the 39 carriers with both revenue and net income information have an average profit margin of approximately 4.3 percent for 2014. For 2018, 33 of these Top 100 carriers have net income information reported by Transport Topics, with an average profit margin of approximately 6 percent for 2018. 11 The higher profit margin experienced in 2018 is reinforced by a Forbes article that found net profit margin for freight trucking companies “expanded to 6 percent in 2018, compared with an annual average of between 2.5 percent and 4 percent each year since 2012.” 12 In 2019, the data provided by Transport Topics shows a similar pattern based on the 28 companies that provided net income information, with an average profit margin of 5.8 percent

is reinforced by a Forbes article that found net profit margin for freight trucking companies “expanded to 6 percent in 2018, compared with an annual average of between 2.5 percent and 4 percent each year since 2012.” 12 In 2019, the data provided by Transport Topics shows a similar pattern based on the 28 companies that provided net income information, with an average profit margin of 5.8 percent. 13 It is uncertain whether the recent surge in net profit margin will continue through the analysis period, so FMCSA assumes the lower profit margin of 5 percent for motor carriers for purposes of this analysis.

8 ATA. American Trucking Trends 2015. Page 79.

9 Armstrong & Associates, Inc. Carrier Procurement Insights. 2009. Pages 4-5. Available at: https://www.3plogistics.com/product/carrier-procurement-insights-trucking-company-volume-cost-and-pricing-tradeoffs-2009/ (accessed January 5, 2016).

10 Transport Topics. 2014. Top 100 For-Hire Carriers. Available at: http://ttnews.com/top100/for-hire/2014 (accessed November 19, 2018).

11 Transport Topics. 2018. Top 100 For-Hire Carriers. Available at: https://www.ttnews.com/top100/for-hire/2018 (accessed November 19, 2018).

12 Forbes. Trucking Companies Hauling in Higher Sales. Available at: https://www.forbes.com/sites/sageworks/2018/03/04/trucking-companies-hauling-in-higher-sales/#40e0012f3f27 (accessed November 19, 2018).

13 Transport Topics. 2019. Top 100 For-Hire Carriers. Available at: https://www.ttnews.com/top100/for-hire/2019 (accessed October 14, 2020).

Using the assumed profit margin of 5 percent for motor carriers, FMCSA estimated the revenue gained per hour for motor carriers by multiplying the marginal cost per hour by the profit margin. This calculation resulted in a profit per hour of $3.59.

Number of Interstate Moves per Year

FMCSA estimates the number of interstate moves by for-hire movers using U.S

2019 (accessed October 14, 2020).

Number of Interstate Moves per Year

FMCSA estimates the number of interstate moves by for-hire movers using U.S. Census Bureau data based on the number of people moving interstate, the average number of people per household, and an AMSA estimate of the number of moves that involved for-hire moving services. The U.S. Census Bureau estimates that approximately 7.4 million people moved interstate during 2018, and that the average household contained 2.63 people. Therefore, we can estimate that approximately 2.8 million households participated in interstate moves during 2018 (7,443,306 ÷ 2.63 = 2,830,154). 14 FMCSA estimates the growth in interstate moves using the same Census data from 2010 through 2018, and finds an annual average growth rate of 0.08 percent. 15 AMSA estimated that 550,000, or approximately 20 percent, of the interstate household goods moves in 2017 were completed by for-hire movers. 16

14 U.S. Census Bureau. 2018: ACS 5-Year Estimates Data Profiles. Available at: https://data.census.gov/cedsci/table?d=ACS%205-Year%20Estimates%20Data%20Profiles&table=DP02&tid=ACSDP5Y2018.DP02&vintage=2018&hidePreview=true (accessed October 6, 2020).

15 0.08 percent = (average households that moved interstate in 2018 ÷ average household that moved interstate in 2010) ( 1/8 )−1‸.

. 16 American Moving and Storage Association. Newsroom: About our Industry. https://www.moving.org/newsroom/data-research/about-our-industry/ (accessed December 29, 2020).

ociation. Newsroom: About our Industry. https://www.moving.org/newsroom/data-research/about-our-industry/ (accessed December 29, 2020).

Some impacts of the proposed rule would be based on the distance of the shipper's location from the motor carrier. For instance, moves that are within 50 miles of the motor carrier agent's location must receive a physical survey unless the shipper signs a waiver. The information collection request (ICR) supporting statement, published in November 2019, estimated that the motor carrier agent is within 50 miles of the shipper's location for 95 percent of interstate moves, and beyond 50 miles for 5 percent of moves. The table below shows the number of household interstate moves by for-hire movers, and those that are within and beyond 50 miles from the motor carrier agent's location.

Table 2—Number of Interstate Moves by: Households, For-Hire Movers, Within and Beyond 50 Miles of the Motor Carrier Agent Location Year Total number of interstate moves by households Number of household interstate moves by for-hire movers Number of interstate moves by for-hire movers within 50 miles Number of interstate moves by for-hire movers beyond 50 miles A B = A × 20% C = B × 95% D = B × 5% 2018 2,830,154 556,621 528,784 27,837 2019 2,832,418 557,066 529,207 27,859 2020 2,834,684 557,512 529,630 27,882 2021 2,836,952 557,958 530,054 27,904 2022 2,839,221 558,404 530,478 27,926 2023 2,841,493 558,851 530,902 27,949 2024 2,843,766 559,298 531,327 27,971 2025 2,846,041 559,745 531,752 27,993 2026 2,848,318 560,193 532,177 28,016 2027 2,850,596 560,641 532,603 28,038 2028 2,852,877 561,090 533,029 28,061 2029 2,855,159 561,539 533,456 28,083 2030 2,857,443 561,988 533,882 28,106 2031 2,859,729 562,438 534,309 28,128 2032 2,862,017 562,888 534,737 28,151 Cost Impacts

Recommendation 5—Appendix A

029 2,855,159 561,539 533,456 28,083 2030 2,857,443 561,988 533,882 28,106 2031 2,859,729 562,438 534,309 28,128 2032 2,862,017 562,888 534,737 28,151 Cost Impacts

Recommendation 5—Appendix A

FMCSA is proposing to adopt the working group recommendation that would require the Rights and Responsibilities booklet to be provided earlier in the process—at the time the estimate is provided to the shipper. This document contains useful information to assist a shipper in making a determination regarding which household goods motor carrier to hire. However, requiring the document earlier in the process, prior to when a shipper has chosen a carrier, would result in providing an additional two documents per interstate move, as FMCSA estimates that shippers request an estimate from three household goods carriers and only contract with one. Therefore, while FMCSA considers it important to require this information early enough in the process for the information to inform the shipper's decision on which household goods carrier to choose, the proposed requirement would result in costs equal to the increase in the time required to print the additional hard-copy Rights and Responsibilities booklets provided.

FMCSA estimated this cost by first determining the increase in the number of hard-copy Rights and Responsibilities booklets printed each year. This can be determined by subtracting the number of estimates provided from the number of orders for service provided, and adjusting for the preference to receive electronic documents. The number of orders for service provided is equal to the number of household interstate moves by for-hire movers from Table 2. The number of estimates provided is equal to the number of orders for service provided multiplied by three, accounting for the fact that shippers likely request estimates from more than one motor carrier

d, and adjusting for the preference to receive electronic documents. The number of orders for service provided is equal to the number of household interstate moves by for-hire movers from Table 2. The number of estimates provided is equal to the number of orders for service provided multiplied by three, accounting for the fact that shippers likely request estimates from more than one motor carrier. In the ICR supporting statement, FMCSA previously estimated that 40 percent of shippers prefer to receive information in hard copy form, and that 60 percent prefer to receive electronic information.

As shown in columns A and B of Table 3 below, FMCSA multiplied the number of interstate moves per year by 40 percent to estimate the number of hard-copy Rights and Responsibilities booklets provided to shippers under the existing requirements, and multiplied the number of orders for service where hard-copies are provided by three (to account for the assumption that shippers seek an estimate from three different household goods carriers) to estimate the number of hard-copy Rights and Responsibilities booklets that would be provided under the proposed rule. The difference between these two variables (column C) represents the increase in the number of hard-copy Rights and Responsibilities booklets that would be printed as a result of this rule.

The ICR supporting statement estimated that a carrier could print roughly 1,600 pages per hour, and that each Rights and Responsibilities booklet consists of 25 pages. Thus, the increase in the number of hours needed to print hard-copy Rights and Responsibilities documents is equal to the number of Rights and Responsibilities documents from Table 3, Column C, multiplied by 25 pages per document, and divided by 1,600 pages per hour. Column D shows this maximum increase in hours spent printing.

The time spent printing additional copies of the Rights and Responsibilities booklet is time not spent in other revenue producing activities

ts and Responsibilities documents is equal to the number of Rights and Responsibilities documents from Table 3, Column C, multiplied by 25 pages per document, and divided by 1,600 pages per hour. Column D shows this maximum increase in hours spent printing.

The time spent printing additional copies of the Rights and Responsibilities booklet is time not spent in other revenue producing activities. As shown in Table 3, Column E, FMCSA quantifies this opportunity cost of time using the previously discussed estimate of the motor carrier profit per hour, $3.59, resulting in total 10-year costs of $251,000, or $218,000 discounted at 3 percent, and $179,000 discounted at 7 percent. On an annualized basis, the costs would be $26,000 discounted at 3 percent and $26,000 discounted at 7 percent.

Table 3—Recommendation 5: Motor Carrier Opportunity Cost Resulting From Increased Printing of Your Rights and Responsibilities Booklet Year Number of orders for service with hard copy YRR c provided Number of estimates with hard copy of YRR provided Maximum increase in number of hard copies provided Maximum increase in total hours spent printing Motor carrier increase in cost for hours spent printing A = Interstate moves by for- hire movers × 40% B = A × 3 C = B − A D = C × 25 ÷ 1600 E = D × $3.59 2022 223,362 670,085 446,723 6,980 $25,051 2023 223,540 670,621 447,081 6,986 25,071 2024 223,719 671,158 447,438 6,991 25,092 2025 223,898 671,695 447,796 6,997 25,112 2026 224,077 672,232 448,155 7,002 25,132 2027 224,257 672,770 448,513 7,008 25,152 2028 224,436 673,308 448,872 7,014 25,172 2029 224,616 673,847 449,231 7,019 25,192 2030 224,795 674,386 449,590 7,025 25,212 2031 224,975 674,925 449,950 7,030 25,232 Total 10-Year Cost 251,418 Total Annualized Cost 25,142 Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e

2029 224,616 673,847 449,231 7,019 25,192 2030 224,795 674,386 449,590 7,025 25,212 2031 224,975 674,925 449,950 7,030 25,232 Total 10-Year Cost 251,418 Total Annualized Cost 25,142 Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e. , less than zero) and represent a decrease in cost or a cost savings. c The Rights and Responsibilities booklet is abbreviated as YRR for the purposes of the tables in this section. FMCSA also proposes to adopt the recommendation to make it acceptable for motor carriers to provide documents, including the Rights and Responsibilities booklet, electronically without requiring the motor carrier to include a waiver statement on the written estimate. Under the existing requirements, when the shipper elects to receive these documents via the hyperlink, the motor carrier is required to obtain a signed waiver of the shipper's right to a hard copy via a statement on the written estimate, as well as a signed and dated receipt that includes “verification of the shipper's agreement to access the Federal consumer protection information on the internet.” The proposal would remove the requirement in 49 CFR 375.213(e)(1) for the shippers to include a waiver statement on the written estimate, but would retain the requirement to obtain a receipt. FMCSA expects that removing the waiver statement would be a de minimis one-time cost savings for motor carrier, but requests comment on the current process for obtaining the waiver statement and receipt required in 49 CFR 375.213(e), and whether removing the requirement to obtain a waiver would result in measurable cost savings.

Recommendation 7—Survey of Household Goods

nt and receipt required in 49 CFR 375.213(e), and whether removing the requirement to obtain a waiver would result in measurable cost savings.

Recommendation 7—Survey of Household Goods

In agreement with the recommendations, FMCSA proposes to change the requirement to conduct a survey of the shipper's goods by redefining a “physical survey” to include both an “in person” and a “virtual” survey. The physical survey would include in-person surveys and virtual surveys. This change does not require that shippers receive only virtual surveys, but it does provide the option and allows the shipper to determine whether a physical or virtual survey would better suit their needs.

In the event of a virtual survey, the motor carrier would likely spend the same amount of time completing the survey but would not need to travel to and from the shipper's location. This reduction in travel would allow that time to be put to other productive uses, resulting in a motor carrier cost savings equal to the now attainable profit that can be earned during that time. FMCSA estimates this cost savings using three variables; the reduction in travel time per completed survey, the number of completed surveys that would now be virtual, and the motor carrier hourly profit. The distance and time required to travel to and from a move site varies with each survey. However, the survey requirement is in place for moves originating within 50 miles from the motor carrier agent's location. Therefore, we can estimate that the time savings would accrue to those moves originating within 50 miles. FMCSA estimated the average round-trip travel time for a move originating within 50 miles of the motor carrier agent would be approximately 1 hour.

hose moves originating within 50 miles. FMCSA estimated the average round-trip travel time for a move originating within 50 miles of the motor carrier agent would be approximately 1 hour.

Under the current requirements, physical surveys must be completed for all moves originating within 50 miles of the motor carrier agent's location, unless the physical survey is waived by the individual shipper. FMCSA assumes that under the proposal, some portion of shippers would voluntarily request a virtual survey but is unable to estimate the exact number of virtual surveys that would be conducted under the proposal. FMCSA developed an estimate of the number of surveys that would be conducted virtually using a range from 25 percent to 75 percent, with a primary estimate of 50 percent. As shown in the table below, the motor carrier cost savings are estimated by multiplying the number of virtual surveys originating within 50 miles, by the 1 hour of time savings, and by the motor carrier profit per hour of $3.59. FMCSA estimates that providing virtual surveys would result in in costs of $9.6 million over 10 years (or $9.6 million in cost savings), $8.1 million (or $8.1 million in cost savings) discounted at 3 percent, and $6.7 million (or $6.7 million in cost savings) discounted at 7 percent. On an annualized basis, the costs would be $955,000 (or $955,000 in cost savings) discounted at 3 percent and $955,000 (or $955,000 in cost savings) discounted at 7 percent

lt in in costs of $9.6 million over 10 years (or $9.6 million in cost savings), $8.1 million (or $8.1 million in cost savings) discounted at 3 percent, and $6.7 million (or $6.7 million in cost savings) discounted at 7 percent. On an annualized basis, the costs would be $955,000 (or $955,000 in cost savings) discounted at 3 percent and $955,000 (or $955,000 in cost savings) discounted at 7 percent.

Table 4—Recommendation 7: Motor Carrier Opportunity Cost Savings for Providing Virtual Surveys Within 50 Miles Year Number of virtual surveys (low) Number of virtual surveys (primary) Number of virtual surveys (high) Motor carrier opportunity cost (low) Motor carrier opportunity cost (primary) Motor carrier opportunity cost (high) A B C D = A × $3.59 × −1 hour E = B × $3.59 × −1 hour F = C × $3.59 × −1 hour 2022 132,619 265,239 397,858 ($475,971) ($951,942) ($1,427,914) 2023 132,726 265,451 398,177 (476,352) (952,704) (1,429,056) 2024 132,832 265,663 398,495 (476,733) (953,466) (1,430,199) 2025 132,938 265,876 398,814 (477,114) (954,229) (1,431,343) 2026 133,044 266,089 399,133 (477,496) (954,992) (1,432,488) 2027 133,151 266,302 399,452 (477,878) (955,756) (1,433,634) 2028 133,257 266,515 399,772 (478,260) (956,521) (1,434,781) 2029 133,364 266,728 400,092 (478,643) (957,286) (1,435,929) 2030 133,471 266,941 400,412 (479,026) (958,052) (1,437,078) 2031 133,577 267,155 400,732 (479,409) (958,818) (1,438,228) Total 10-Year Cost Savings (4,776,884) (9,553,767) (14,330,651) Total Annualized Cost Savings (477,688) (955,377) (1,433,065) Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e ., less than zero) and represent a decrease in cost or a cost savings

Cost Savings (4,776,884) (9,553,767) (14,330,651) Total Annualized Cost Savings (477,688) (955,377) (1,433,065) Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e ., less than zero) and represent a decrease in cost or a cost savings. Recommendation 8—Survey of Household Goods; beyond 50 miles

In agreement with the recommendations, FMCSA is proposing to require that movers offer physical surveys for all household goods shipments, including those that are located over 50 miles from the motor carrier agent's location.

Currently, motor carriers are not required to offer physical surveys for household goods shipments that are located beyond 50 miles from the motor carrier agent's location. Often, a consumer will discuss the shipment load and the mover will provide an estimate based on the discussion, without visually inspecting the amount or weight of goods for transport. The purpose of the survey is to develop a more accurate estimate of moving fees and to prevent unexpected charges from surfacing later in the move process. Because FMCSA lacks data on how behavior would change, FMCSA estimates that all shippers located beyond 50 miles from the motor carrier agent's location would take advantage of the virtual survey option. These surveys would take about 1.5 hours each, and FMCSA monetizes this time using the motor carrier profit margin of $3.59 per hour. As shown below, FMCSA estimates the cost of providing virtual surveys to be approximately $1.5 million over 10 years, $1.3 million at a 3 percent discount rate, and $1.1 million at a 7 percent discount rate. On an annualized basis, the cost would be $151,000 annualized at both a 3 and 7 percent discount rate

ch, and FMCSA monetizes this time using the motor carrier profit margin of $3.59 per hour. As shown below, FMCSA estimates the cost of providing virtual surveys to be approximately $1.5 million over 10 years, $1.3 million at a 3 percent discount rate, and $1.1 million at a 7 percent discount rate. On an annualized basis, the cost would be $151,000 annualized at both a 3 and 7 percent discount rate.

Table 5—Recommendation 8: Motor Carrier Opportunity Cost for Providing Virtual Surveys Beyond 50 Miles Year Number of moves beyond 50 miles with a virtual survey Motor carrier opportunity cost Motor carrier opportunity cost 3% discount rate Motor carrier opportunity cost 7% discount rate A A = B × 1.5 hours × $3.59 2022 27,926 $150,342 $145,963 $140,506 2023 27,949 150,462 141,825 131,419 2024 27,971 150,582 137,804 122,920 2025 27,993 150,703 133,898 114,971 2026 28,016 150,823 130,102 107,535 2027 28,038 150,944 126,413 100,580 2028 28,061 151,065 122,830 94,076 2029 28,083 151,186 119,347 87,991 2030 28,106 151,307 115,964 82,301 2031 28,128 151,428 112,676 76,978 Total 10-Year Cost Savings 1,286,822 1,059,278 Total Annualized Cost Savings 150,855 150,817 Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e. , less than zero) and represent a decrease in cost or a cost savings. Recommendation 9—Order for Service

In agreement with the working group recommendation, FMCSA is proposing to eliminate the order for service. Much of the information provided on the order for service is also on the bill of lading, and is therefore duplicative. 17 Eliminating the order for service would reduce the amount of paperwork consumers are required to review, but would not reduce the necessary information they are provided. Currently, each interstate move requires both an order for service and a bill of lading. Each document takes 30 minutes to prepare

provided on the order for service is also on the bill of lading, and is therefore duplicative. 17 Eliminating the order for service would reduce the amount of paperwork consumers are required to review, but would not reduce the necessary information they are provided. Currently, each interstate move requires both an order for service and a bill of lading. Each document takes 30 minutes to prepare. Under the proposal, a motor carrier would be able to save 30 minutes of time for each interstate move by no longer drafting an order for service. FMCSA monetized this time using the motor carrier hourly profit margin of $3.59. As shown below, FMCSA estimates that eliminating the order for service would result in costs of −$10 million over 10 years (or cost savings of $10 million), −$8.6 million (or $8.6 million in cost savings) discounted at 3 percent, and −$7.1 million (or $7.1 million in cost savings) discounted at 7 percent. On an annualized basis, the costs would be −$1.0 million (or $1.0 million in cost savings) discounted at 3 percent and 7 percent.

17 FMCSA is revising the requirements for a bill of lading to incorporate all of the requirements from an order for service, including non-duplicative information.

Table 6—Recommendation 9: Motor Carrier Opportunity Cost for Eliminating the Order for Service Year Number of interstate moves by for-hire movers Motor carrier opportunity cost Motor carrier opportunity cost discounted at 3% Motor carrier opportunity cost discounted at 7% A B = A × −0.5 hours × $3.59 2022 558,404 ($1,002,056) ($972,870) ($936,501) 2023 558,851 (1,002,858) (945,290) (875,935) 2024 559,298 (1,003,660) (918,491) (819,286) 2025 559,745 (1,004,463) (892,453) (766,300) 2026 560,193 (1,005,267) (867,152) (716,741) 2027 560,641 (1,006,071) (842,569) (670,388) 2028 561,090 (1,006,876) (818,682) (627,032) 2029 561,539 (1,007,681) (795,473) (586,480) 2030 561,988 (1,008,487) (772,922) (548,550) 2031 562,438 (1,009,294) (751,010) (513,074) Total 10- Year Cost Savings (8,576,911) (7,060,287) Total A

,660) (918,491) (819,286) 2025 559,745 (1,004,463) (892,453) (766,300) 2026 560,193 (1,005,267) (867,152) (716,741) 2027 560,641 (1,006,071) (842,569) (670,388) 2028 561,090 (1,006,876) (818,682) (627,032) 2029 561,539 (1,007,681) (795,473) (586,480) 2030 561,988 (1,008,487) (772,922) (548,550) 2031 562,438 (1,009,294) (751,010) (513,074) Total 10- Year Cost Savings (8,576,911) (7,060,287) Total Annualized Cost Savings (1,005,476) (1,005,226) Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e., less than zero) and represent a decrease in cost or a cost savings. Document Production Cost

The ICR supporting statement also estimated printing costs of $0.15 per page for both the Rights and Responsibilities booklet and the Order for Service. FMCSA estimates the change in the cost of materials for printing the Rights and Responsibilities booklet and the Orders for Service by multiplying the change in the number of pages by the $0.15 cost per page. As shown in Table 7, FMCSA estimates a 10-year materials cost to total $16 million, or $13.6 million discounted at 3 percent, and $11.2 million discounted at 7 percent. On an annualized basis, the costs would be $1.6 million discounted at both 3 and 7 percent.

Table 7—Document Production Cost Year Recommendation 5— Increase in pages for hard copy YRR Recommendation 9— Eliminating the order for service (reduction in pages) Total change in number of pages Total cost for producing documents A B C = A + B D = C × $0.15 2022 11,168,084 −558,404 10,609,680 $1,591,452 2023 11,177,018 −558,851 10,618,167 1,592,725 2024 11,185,960 −559,298 10,626,662 1,593,999 2025 11,194,909 −559,745 10,635,163 1,595,275 2026 11,203,865 −560,193 10,643,671 1,596,551 2027 11,212,828 −560,641 10,652,186 1,597,828 2028 11,221,798 −561,090 10,660,708 1,599,106 2029 11,230,775 −561,539 10,669,237 1,600,386 2030 11,239,760 −561,988 10,677

2022 11,168,084 −558,404 10,609,680 $1,591,452 2023 11,177,018 −558,851 10,618,167 1,592,725 2024 11,185,960 −559,298 10,626,662 1,593,999 2025 11,194,909 −559,745 10,635,163 1,595,275 2026 11,203,865 −560,193 10,643,671 1,596,551 2027 11,212,828 −560,641 10,652,186 1,597,828 2028 11,221,798 −561,090 10,660,708 1,599,106 2029 11,230,775 −561,539 10,669,237 1,600,386 2030 11,239,760 −561,988 10,677,772 1,601,666 2031 11,248,752 −562,438 10,686,314 1,602,947 Total 10-Year Cost Savings 15,971,934 Total Annualized Cost Savings 1,597,193 Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e., less than zero) and represent a decrease in cost or a cost savings. Total Costs

As shown below, FMCSA estimates the total costs of this final rule at $1.6 million (or $1.6 million in cost savings) discounted at 3 percent, and $1.3 million (or $1.3 million in cost savings) discounted at 7 percent. Expressed on an annualized basis, this equates to −$188,000 in costs (or $188,000 in cost savings) at both a 3 and 7 percent discount rate.

Table 8—Total 10-Year and Annualized Costs of the Proposed Rule [Thousands of 2018$] Year Rec. 5: Appendix A c Rec. 7: Virtual survey of HHG (primary) d Rec. 8: Survey of HHG beyond 50 miles e Rec. 9: Order for service f Document production g Total cost (primary) Total cost discounted at 3% Total cost discounted at 7% 2022 $25.1 ($951.9) 150.3 (1,002.1) 1,591.5 (187.2) (181.7) (174.9) 2023 25.1 (952.7) 150.5 (1,002.9) 1,592.7 (187.3) (176.6) (163.6) 2024 25.1 (953.5) 150.6 (1,003.7) 1,594.0 (187.5) (171.5) (153.0) 2025 25.1 (954.2) 150.7 (1,004.5) 1,595.3 (187.6) (166.7) (143.1) 2026 25.1 (955.0) 150.8 (1,005.3) 1,596.6 (187.8) (162.0) (133.9) 2027 25.2 (955.8) 150.9 (1,006.1) 1,597.8 (187.9) (157.4) (125.2) 2028 25.2 (956.5) 151.1 (1,006.9) 1,599.1 (188.1) (152.9) (117.1) 2029 25.2 (957.3) 151.2 (1,007.7) 1,600.4 (188.2) (148.6) (109

(163.6) 2024 25.1 (953.5) 150.6 (1,003.7) 1,594.0 (187.5) (171.5) (153.0) 2025 25.1 (954.2) 150.7 (1,004.5) 1,595.3 (187.6) (166.7) (143.1) 2026 25.1 (955.0) 150.8 (1,005.3) 1,596.6 (187.8) (162.0) (133.9) 2027 25.2 (955.8) 150.9 (1,006.1) 1,597.8 (187.9) (157.4) (125.2) 2028 25.2 (956.5) 151.1 (1,006.9) 1,599.1 (188.1) (152.9) (117.1) 2029 25.2 (957.3) 151.2 (1,007.7) 1,600.4 (188.2) (148.6) (109.5) 2030 25.2 (958.1) 151.3 (1,008.5) 1,601.7 (188.4) (144.4) (102.5) 2031 25.2 (958.8) 151.4 (1,009.3) 1,602.9 (188.5) (140.3) (95.8) Total 10-Year Cost Savings (1,878.3) (1,601.9) (1,318.6) Total Annualized Cost Savings (187.8) (187.8) (187.8) Notes: a Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) b Values shown in parentheses are negative values ( i.e., less than zero) and represent a decrease in cost or a cost savings. c (Increase in Number of Hard Copy YRR Booklets Provided) × (25 ÷ 1600) × ($3.59). d (Number of Virtual Surveys) × ($3.59) × (−1 hour). e (Interstate Moves beyond 50 miles by For-Hire Movers) × (−0.5 hours) × ($3.59). f (Interstate Moves by For-Hire Movers) × (−0.5 hours) × ($3.59). g ((Increase in Pages for YRR Booklet) + (Decrease in Pages for Elimination of Order for Service)) × $0.15. Benefit Impacts

FMCSA does not expect this rule to impact safety, but does expect that it would result in benefits related to consumer protection and fuel savings. Recommendation 5 would result in shippers receiving accurate and clear information earlier in the process, allowing them to make more informed and better decisions regarding which household goods motor carrier to hire, and would allow shippers to obtain more accurate estimates of moving fees based on physical surveys for those interstate moves beyond 50 miles from a motor carrier agent's location

Recommendation 5 would result in shippers receiving accurate and clear information earlier in the process, allowing them to make more informed and better decisions regarding which household goods motor carrier to hire, and would allow shippers to obtain more accurate estimates of moving fees based on physical surveys for those interstate moves beyond 50 miles from a motor carrier agent's location. The motor carrier efficiencies discussed above would not negatively impact shippers, as the services and information received today would not change under the proposed rule.

FMCSA anticipates that providing virtual surveys for those moves within 50 miles of a motor carrier agent's location would not only result in motor carrier time savings quantified above, but could potentially result in fuel savings if motor carriers drive fewer miles, which could produce a small reduction in CO2 emissions. It is important to note that FMCSA is not anticipating a change in CMV vehicle miles traveled, as the rule does not affect the number of interstate moves occurring per year, but recognizes that motor carriers could reduce miles driven in light-duty vehicles used for providing estimates to shippers. The distance and fuel required to travel to and from a move site varies with each survey. However, the survey requirement is in place for moves within 50 miles from the motor carrier agent's location, and we can estimate that any potential fuel savings would only accrue to those moves. FMCSA assumes the average mileage for these moves would be approximately 25 miles, or 50 miles round-trip. Based on data provided by the Bureau of Transportation Statistics, light-duty vehicles averaged approximately 22 miles per gallon in 2017, resulting in just over 2 gallons saved per trip (22.27 miles per gallon ÷ 50 miles per trip = 2.24 gallons per trip). 18 The U.S. Energy 19 Therefore, FMCSA estimates that each virtual survey could result in $7.37 in avoided fuel costs (2.24 gallons per trip × $3.28 per gallon)

vided by the Bureau of Transportation Statistics, light-duty vehicles averaged approximately 22 miles per gallon in 2017, resulting in just over 2 gallons saved per trip (22.27 miles per gallon ÷ 50 miles per trip = 2.24 gallons per trip). 18 The U.S. Energy 19 Therefore, FMCSA estimates that each virtual survey could result in $7.37 in avoided fuel costs (2.24 gallons per trip × $3.28 per gallon). Any potential fuel savings would result from a reduction in vehicle miles traveled in light-duty vehicles. The Agency is uncertain how motor carriers would respond to the proposed change allowing virtual surveys, and whether they would be involved in other driving-related activities which could diminish or negate any potential fuel savings. For these reasons, FMCSA is not quantifying any potential fuel impacts but requests comment on how motor carriers would adjust their operations in response to this proposed rule. Similarly, while these potential fuel savings, if realized, would result in a reduction of CO2 emissions that is directly proportional to the amount of fuel saved, the Agency is not quantifying those potential savings in this proposed rule due to the aforementioned uncertainty with respect to how motor carriers would adjust their operations. If FMCSA receives data that enables the quantification of fuel savings in the context of the development of a subsequent final rule, the Agency would monetize the commensurate reduction in CO2 emissions consistent with the social cost of carbon values, as established by the White House and the Interagency Working Group on the Social Cost of Greenhouse Gases.

18 U.S. Department of Transportation, Bureau of Transportation Statistics. Table 4-23: Average Fuel Efficiency of U.S. Light Duty Vehicles. Available at: https://www.bts.gov/content/average-fuel-efficiency-us-light-duty-vehicles

19 U.S. Energy Information Administration. Petroleum and Other Liquids Prices, Transportation, Motor Gasoline: Reference Case, years 2022—2031, inflated to 2018$

ases.

19 U.S. Energy Information Administration. Petroleum and Other Liquids Prices, Transportation, Motor Gasoline: Reference Case, years 2022—2031, inflated to 2018$. Available at: https://www.eia.gov/outlooks/aeo/data/browser/#/?id=12-AEO2015&region=0-0&cases=ref2015~highmacro~lowmacro~highprice~lowprice&start=2020&end=2034&f=A&linechart=ref2015-d021915a.3-12-AEO2015~highmacro-d021915a.3-12-AEO2015~lowmacro-d021915a.3-12-AEO2015~highprice-d021915a.3-12-AEO2015~lowprice-d021915a.3-12-AEO2015&sourcekey=0 (accessed October, 15 2020).

B. Congressional Review Act

Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq. ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule,” as defined by 5 U.S.C. 804(2). 20

20 A “major rule” means any rule that the Administrator of Office of Information and Regulatory Affairs at the Office of Management and Budget finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, Federal agencies, State agencies, local government agencies, or geographic regions; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets (5 U.S.C. 804(2)).

C. Regulatory Flexibility Act (Small Entities)

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq. ) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat

investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets (5 U.S.C. 804(2)).

C. Regulatory Flexibility Act (Small Entities)

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq. ) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses. Section 605 of the RFA allows an Agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities.

This rule affects shippers and household goods motor carriers. Shippers, or consumers that hire household good motor carriers, are not considered small entities because they do not meet the definition of a small entity in Section 601 of the RFA. Specifically, shippers are considered neither a small business under Section 601(3) of the RFA, nor are they considered a small organization under Section 601(4) of the RFA.

The SBA defines the size standards used to classify entities as small. SBA establishes separate standards for each industry, as defined by the North American Industry Classification System (NAICS). 21 Household goods motor carriers would fall under Subsector Industry 48421, household good and office goods moving, which has an SBA size standard based on annual revenue of $30 million

) of the RFA.

21 Executive Office of the President, OMB. “North American Industry Classification System.” 2017. Available at: https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf (accessed January 15, 2020).

FMCSA examined data from the U.S. Census Bureau to determine the number of small entities within the identified 5-digit NAICS industry group. The Census Bureau collects and publishes data on the number of firms, establishments, employment, annual payroll, and estimated receipts by revenue size of the firm. The most recent data available are from the 2012 County Business Patterns and the 2012 Economic Census. 22 The revenue size categories used in the 2012 Economic Census do not exactly align with the SBA size standard, but they do allow FMCSA to develop a good estimate of the percentage of small entities within the NAICS industry group 48421. The 2012 Economic Census reported that there were 5,718 firms operating for the entire year within NAICS industry group 48421 (household goods and office goods moving). Of those firms that operated for the entire year, 5,663 firms (99 percent), had annual revenues of less than $25 million, and 5,692 firms (100 percent) had annual revenues less than $50 million. FMCSA concludes that this rule will impact a substantial number of small entities.

22 U.S. Department of Commerce, U.S. Census Bureau. Establishment and Firm Size: Summary Statistics by Revenue Size of Firms for the U.S. Release date March, 2016. Available at: https://www2.census.gov/econ2012/EC/sector48/EC1248SSSZ4.zip (accessed September 18, 2020)

nt) had annual revenues less than $50 million. FMCSA concludes that this rule will impact a substantial number of small entities.

The RFA does not define a threshold for determining whether a specific regulation results in a significant impact. However, the SBA, in guidance to government agencies, provides some objective measures of significance that the agencies can consider using. 23 Revenue is one measure that could be used to illustrate a significant impact, specifically, if the cost of the regulation exceeds one percent of the average annual revenues of small entities in the sector.

23 SBA, Office of Advocacy. “A Guide for Government Agencies. How to Comply with the Regulatory Flexibility Act.” 2017. Available at: https://www.sba.gov/sites/default/files/advocacy/How-to-Comply-with-the-RFA-WEB.pdf (accessed on December 30, 2020).

Examining the 2012 Economic Census data discussed above, FMCSA found that affected entities had average revenues ranging from $55,000 to $35 million. The cost of the regulation would thus need to exceed $550 per carrier in any one year in order to be considered a significant impact on the entities within the smallest revenue size category. The exact impact per motor carrier is dependent on many variables throughout the year ( e.g., the number of hard-copy Rights and Responsibilities booklets provided, the number of virtual surveys provided for those moves within 50 miles of the motor carrier agents' locations, and the number of virtual surveys completed for moves beyond 50 miles of the motor carrier agents' locations), and cannot be estimated with precision

r carrier is dependent on many variables throughout the year ( e.g., the number of hard-copy Rights and Responsibilities booklets provided, the number of virtual surveys provided for those moves within 50 miles of the motor carrier agents' locations, and the number of virtual surveys completed for moves beyond 50 miles of the motor carrier agents' locations), and cannot be estimated with precision. While FMCSA cannot provide the exact impact per

Table 8—Estimated Impact per Motor Carrier Year Household goods motor carriers Total cost (discounted at 7%) Estimated impact per motor carrier 2022 4,884 ($174,909.9) ($35.8) 2023 5,097 (163,597.9) (32.1) 2024 5,319 (153,017.6) (28.8) 2025 5,551 (143,121.5) (25.8) 2026 5,793 (133,865.4) (23.1) 2027 6,046 (125,208.0) (20.7) 2028 6,309 (117,110.4) (18.6) 2029 6,584 (109,536.5) (16.6) 2030 6,871 (102,452.5) (14.9) 2031 7,171 (95,826.6) (13.4) Consequently, I certify that the proposed action would not have a significant economic impact on a substantial number of small entities.

D. Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this NPRM so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the NPRM would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please consult the person listed under FOR FURTHER INFORMATION CONTACT .

Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business

sinesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $168 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2019 levels) or more in any one year. Though this NPRM would not result in such an expenditure, the Agency does discuss the effects of this rule elsewhere in this preamble.

F. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) requires that an agency consider the impact of paperwork and other information collection burdens imposed on the public. An agency is prohibited from collecting or sponsoring an information collection, as well as imposing an information collection requirement, unless it displays a valid OMB control number (5 CFR 1320.8(b)(3)(vi)).

ited from collecting or sponsoring an information collection, as well as imposing an information collection requirement, unless it displays a valid OMB control number (5 CFR 1320.8(b)(3)(vi)).

This proposed rule would amend the existing approved information collection titled “Transportation of Household Goods; Consumer Protection,” OMB control number 2126-0025, which expires on November 30, 2022. Specifically, FMCSA seeks approval for the revision of the information collection request (ICR) due to the Agency's development of this NPRM. In accordance with 44 U.S.C. 3507(d), FMCSA will submit the proposed information collection amendments to the Office of Information and Regulatory Affairs (OIRA) at OMB for its approval.

Title: Transportation of Household Goods; Consumer Protection.

OMB Control Number: 2126-0025.

Type of Review: Revision of a currently-approved information collection.

Summary: FMCSA is proposing to make various changes to the household goods regulations recommended by Household Goods Consumer Protection Working Group. These proposed changes include further revisions to streamline the Rights and Responsibilities booklet which would be incorporated in appendix A of the regulations, requiring new binding or non-binding estimates when an individual shipper tenders more goods or requests additional service instead of a revised estimate, allowing a motor carrier to provide a virtual survey, removing the exception from the survey requirement for moves where the household goods are located more than 50 miles from the motor carrier agent's location, eliminating the order for service and incorporating that document into the bill of lading, and making other minor updates to increase the clarity of the regulations. These proposed changes are intended to reduce the paperwork burden on household goods motor carriers and reduce confusion for individual shippers. FMCSA summarizes the resulting changes from the existing ICR below

er agent's location, eliminating the order for service and incorporating that document into the bill of lading, and making other minor updates to increase the clarity of the regulations. These proposed changes are intended to reduce the paperwork burden on household goods motor carriers and reduce confusion for individual shippers. FMCSA summarizes the resulting changes from the existing ICR below.

IC-1: Required Information for Prospective Individual Shippers

FMCSA is proposing to require the Rights and Responsibilities booklet to be provided earlier in the process, when the estimate is provided to the shipper, which would result in providing an additional two documents per interstate move. This is because FMCSA estimates that shippers request an estimate from three household goods carriers but contract with only one. FMCSA multiplied the average number of interstate moves per year by 40 percent to estimate the number of hard-copy Rights and Responsibilities booklets provided to shippers under the existing requirements (558,851 × 40 percent = 223,540 copies). FMCSA then multiplied the number of orders for

Estimated Number of Respondents: 5,100.

Estimated Responses: 447,081.

Estimated Burden Hours: 6,986.

Estimated Cost: $232,693.

IC-2: Estimating Charges

The proposed rule would require that movers offer surveys for all household goods shipments, including those that are located over 50 miles from the motor carrier agent's location. Currently, household goods motor carriers are not required to offer surveys for household goods shipments that are located beyond 50 miles from the motor carrier agent's location. FMCSA estimates that all shippers located beyond 50 miles from the motor carrier agent's location would take advantage of the survey option. There is an annual average of 27,949 moves beyond 50 miles, of those moves that currently receive non-binding surveys

ers are not required to offer surveys for household goods shipments that are located beyond 50 miles from the motor carrier agent's location. FMCSA estimates that all shippers located beyond 50 miles from the motor carrier agent's location would take advantage of the survey option. There is an annual average of 27,949 moves beyond 50 miles, of those moves that currently receive non-binding surveys. These surveys would take about 1.5 hours each, and FMCSA assumes all tasks will be completed by a first line supervisor of a transportation and material moving worker with a loaded hourly wage of $44.11, resulting in an increase of 41,923 burden hours and an increased cost of $1,849,045 (27,959 × 1.5 hours × $44.11 = $1,849,045).

Estimated Number of Respondents: 5,100.

Estimated Responses: 27,949.

Estimated Burden Hours: 41,923.

Estimated Cost: $1,849,045.

IC-3: Pick Up of Shipments of Household Goods

FMCSA is proposing to eliminate the order for service because much of the information provided on the order for service is also provided on the bill of lading. Currently, each interstate move requires both an order for service and a bill of lading and it takes 30 minutes to prepare each document. As such, removing the order for service form requirement would save 30 minutes per move. The Agency assumes all tasks would be completed by a cargo agent with a loaded hourly wage of $33.80. With the annual average of 558,851 total interstate moves and 30 minute time savings, motor carriers would save 279,426 burden hours (558,851 interstate moves × -0.5 hours = −279,426 burden hours). The estimated cost savings would be $9,445,421 (−279,426 burden hours × $33.80 = −$9,445,421).

Estimated Number of Respondents: 5,100.

Estimated Responses: 558,851.

Estimated Burden Hours: −279,426.

Estimated Cost Savings: $9,445,421.

Document Production

The estimates of the costs of producing required documents is based on the total number of pages movers would need to produce multiplied by a flat rate of $0.15 per page

$9,445,421 (−279,426 burden hours × $33.80 = −$9,445,421).

Estimated Number of Respondents: 5,100.

Estimated Responses: 558,851.

Estimated Burden Hours: −279,426.

Estimated Cost Savings: $9,445,421.

Document Production

The estimates of the costs of producing required documents is based on the total number of pages movers would need to produce multiplied by a flat rate of $0.15 per page. With the estimated annual average of 670,621 “Your Rights and Responsibilities” documents printed, there would be 16,765,531 total pages printed (670,621 documents printed × 25 pages per document = 16,765,531 total pages printed). The estimated total annual printing cost to respondents is $2.5 million (16,765,531 total pages printed × $0.15 per page = $2.5 million).

In removing the order for service form, which is a one page document, the Agency estimates that there would be 558,851 fewer documents printed. This results in an estimated annual cost savings to respondents of $83,828 (558,851 documents printed × 1 page per document × $0.15 per page = $83,828).

Estimated Number of Respondents: 5,100.

Estimated Responses: 1,229,472.

Estimated Cost: $2,431,002.

FMCSA asks for comment on the information collection requirements of this proposed rule. Specifically, the Agency asks for comment on: (1) Whether the proposed information collection is necessary for FMCSA to perform its functions; (2) how the Agency can improve the quality, usefulness, and clarity of the information to be collected; (3) the accuracy of FMCSA's estimate of the burden of this information collection; and (4) how the Agency can minimize the burden of the information collection.

If you have comments on the collection of information, you must send those comments to FMCSA as outlined under the PUBLIC PARTICIPATION AND REQUEST FOR COMMENTS section at the beginning of this NPRM.

G. E.O. 13132 (Federalism)

A rule has implications for federalism under Section 1(a) of E.O

information collection; and (4) how the Agency can minimize the burden of the information collection.

If you have comments on the collection of information, you must send those comments to FMCSA as outlined under the PUBLIC PARTICIPATION AND REQUEST FOR COMMENTS section at the beginning of this NPRM.

G. E.O. 13132 (Federalism)

A rule has implications for federalism under Section 1(a) of E.O. 13132 if it has “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”

FMCSA has determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement.

H. Privacy

The Consolidated Appropriations Act, 2005, 24 requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. This NPRM would not require the collection of personally identifiable information (PII). The Agency will complete a Privacy Threshold Assessment (PTA) to evaluate the risks and effects the proposed rulemaking might have on collecting, storing, and sharing personally identifiable information. The PTA will be submitted to FMCSA's Privacy Officer for review and preliminary adjudication and to DOT's Privacy Officer for review and final adjudication.

24 Public Law 108-447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a (Dec. 4, 2014).

I. E.O. 13175 (Indian Tribal Governments)

This rule does not have Tribal implications under E.O

g, and sharing personally identifiable information. The PTA will be submitted to FMCSA's Privacy Officer for review and preliminary adjudication and to DOT's Privacy Officer for review and final adjudication.

24 Public Law 108-447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a (Dec. 4, 2014).

I. E.O. 13175 (Indian Tribal Governments)

This rule does not have Tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.

J. National Environmental Policy Act of 1969

FMCSA analyzed this proposed rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), Appendix 2, paragraphs 6.m. and 6.l. The Categorical Exclusions (CEs) in paragraphs 6.m. and 6.l., respectively, cover regulations requiring every motor carrier to issue and keep a receipt or bill of lading (or record) for property tendered for transportation in interstate or foreign commerce, and regulations implementing procedures applicable to the operations of household good carriers engaged in the transportation of household goods. The proposed requirements in this rule are covered by these CEs, and the proposed rule would not have any effect on the quality of the environment. The CE determination is available for inspection or copying in the docket.

List of Subjects

49 CFR 371 Brokers, Motor carriers, Reporting and recordkeeping requirements.

49 CFR 375 Advertising, Consumer protection, Freight, Highways and roads, Insurance, Motor carriers, Moving of household goods, Reporting and recordkeeping requirements

not have any effect on the quality of the environment. The CE determination is available for inspection or copying in the docket.

List of Subjects

49 CFR 371 Brokers, Motor carriers, Reporting and recordkeeping requirements.

49 CFR 375 Advertising, Consumer protection, Freight, Highways and roads, Insurance, Motor carriers, Moving of household goods, Reporting and recordkeeping requirements.

Accordingly, FMCSA proposes to amend 49 CFR chapter 3, parts 371 and 375 as follows:

PART 371—BROKERS OF PROPERTY

1. The authority citation for part 371 continues to read as follows:

Authority:

49 U.S.C. 13301, 13501, and 14122; subtitle B, title IV of Pub. L. 109-59; and 49 CFR 1.87.

2. Amend § 371.113 by revising paragraph (a) to read as follows:

§ 371.113 May I provide individual shippers with a written estimate? (a) You may provide each individual shipper with an estimate of transportation and accessorial charges. If you provide an estimate, it must be in writing and must be based on a physical survey of the household goods conducted by the authorized motor carrier on whose behalf the estimate is provided. The estimate must be prepared in accordance with a signed, written agreement, as specified in § 371.115 of this subpart.

PART 375—TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS

3. The authority citation for part 375 continues to read as follows:

Authority:

49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902, 14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49 CFR 1.87.

4. Amend § 375.103 by:

a. Adding, in alphabetical order, definitions for “Bill of lading” and “Physical survey”;

b. Removing the definition for “Order for service”; and

c. Revising the definitions for “Reasonable dispatch” and “Surface Transportation Board”

49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902, 14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49 CFR 1.87.

4. Amend § 375.103 by:

a. Adding, in alphabetical order, definitions for “Bill of lading” and “Physical survey”;

b. Removing the definition for “Order for service”; and

c. Revising the definitions for “Reasonable dispatch” and “Surface Transportation Board”.

The additions and revisions read as follows:

§ 375.103 What are the definitions of terms used in this part?

Bill of lading means both the receipt and the contract for the transportation of the individual shipper's household goods.

Physical survey means a survey which is conducted on-site or virtually. If the survey is performed virtually, the household goods motor carrier must be able to view the household goods through live video that allows it to clearly identify the household goods to be transported.

Reasonable dispatch means the performance of transportation on the dates, or during the period, agreed upon by you and the individual shipper and shown on the bill of lading. For example, if you deliberately withhold any shipment from delivery after an individual shipper offers to pay the binding estimate or 110 percent of a non-binding estimate, you have not transported the goods with reasonable dispatch. The term “reasonable dispatch” excludes transportation provided under your tariff provisions requiring guaranteed service dates. You will have the defenses of force majeure, i.e., superior or irresistible force, as construed by the courts.

Surface Transportation Board means an independent agency of the United States that regulates household goods carrier tariffs, among other economic regulatory responsibilities.

5. Amend § 375.211 by revising the introductory text of paragraph (a)(2) to read as follows:

§ 375.211 Must I have an arbitration program? (a) * * *

., superior or irresistible force, as construed by the courts.

Surface Transportation Board means an independent agency of the United States that regulates household goods carrier tariffs, among other economic regulatory responsibilities.

5. Amend § 375.211 by revising the introductory text of paragraph (a)(2) to read as follows:

§ 375.211 Must I have an arbitration program? (a) * * *

(2) Before execution of the bill of lading, you must provide notice to the individual shipper of the availability of neutral arbitration, including all three of the following items:

6. Amend § 375.213 by:

a. Revising paragraph (a);

b. Revising the introductory text of paragraph (b);

c. Removing paragraph (b)(1);

d. Redesignating paragraphs (b)(2) through (5) as paragraphs (b)(1) through (4);

e. Redesignating paragraph (e) as paragraph (f);

f. Adding new paragraph (e); and

g. Revising newly redesignated paragraph (f).

The revisions and addition read as follows:

§ 375.213 What information must I provide to a prospective individual shipper? (a) When you provide the written estimate to a prospective individual shipper, you must also provide the individual shipper with the following documents:

(1) The DOT publication titled “Ready to Move?—Tips for a Successful Interstate Move” (Department of Transportation publication FMCSA-ESA-03-005, or its successor publication). You must provide the individual shipper with either a copy or provide a hyperlink on your internet website to the web page on the FMCSA website containing that publication.

(2) The contents of appendix A of this part, titled “Your Rights and Responsibilities When You Move” (Department of Transportation publication FMCSA-ESA-03-006, or its successor publication). You must provide the individual ship

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