[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1310.4]

[Page 219]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1310_TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS--Table of Contents
 
Sec. 1310.4  Incorporation of tariff provisions by reference.

    (a) Carriers that maintain tariffs pursuant to this part may 
incorporate the terms of such tariffs by reference (i.e., without 
stating their full text) into the bill of lading or other document 
embodying the contract of carriage for the transportation of household 
goods, provided that:
    (1) The bill of lading or other document must contain a conspicuous 
notice that the contract of carriage incorporates the terms of the 
carrier's tariffs; the carrier must give notice that its tariffs are 
available for inspection in its bill of lading or by other actual notice 
to individuals whose shipments are subject to such tariffs; and the 
carrier must make the full text of incorporated terms readily available 
for inspection by the shipper, free of charge, upon request. If such 
terms cannot be made available immediately, they must be made available 
promptly and free of charge by mail or other delivery service.
    (2) If the incorporated terms include any of the terms set forth in 
paragraphs (a)(2)(i) through (a)(2)(iii) of this section, the notice on 
the bill of lading or other document must indicate that such terms are 
included; the shipper must be provided with a brief summary of the 
principal features of such terms on or with the document; and the 
shipper must be able to obtain a more complete explanation of such terms 
upon request.
    (i) Limits on the carrier's liability for loss, damage, or delay of 
goods, including fragile or valuable goods.
    (ii) Claim restrictions, including time periods within which 
shippers or consignees must file a claim or bring an action against the 
carrier for its acts or omissions or those of its agents.
    (iii) Rights of the carrier to impose monetary penalties on shippers 
or consignees, increase the price of the transportation, or change any 
terms of the contract.
    (b) A carrier may not claim the benefit as against a shipper or 
consignee of, and a shipper or consignee shall not be bound by, any 
tariff term that is incorporated by reference under this section unless 
the carrier has complied with the requirements of paragraph (a) of this 
section.
    (c) The disclosure requirements established by this section preempt 
any State requirements on the same subject, for tariff terms that are 
incorporated by reference into the bill of lading or other document 
embodying the contract of carriage for the transportation of household 
goods.