text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/82

 92 STAT. 1362

Post, p. 1446. 49 USC 10522.

49 USC 10523.

PUBLIC LAW 95-473—OCT. 17, 1978 (D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or (E) the United States and a place in a foreign country to the extent the transportation is in the United States; and (2) in a reservation under the exclusive jurisdiction of the United States or on a public high way. ., (b) This subtitle does not— (1) affect the power of a State to regulate intrastate transportation provided by a motor carrier; (2) authorize the Coniinission to prescribe or regulntc a rate .. for intrastate transportation provided by a motor carrier; (3) allow a motor carrier to provide intrastate transportation on the highways of a State; or (4) except as provided in section 11504(b) of this title, affect the taxation power of a State over a motor carrier. § 10522. Exempt transportation between Alaska and other States To the extent that transportation by a motor carriei' between a place in Alaska and a place in another State under section 10521 of this title is provided in a foreign country— (1) the Interstate Commerce Commission does not have juris•: diction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that 1, country; but (2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this subtitle related to rates and practices applicable to the transportation. § 10523. Exempt motor vehicle transportation in terminal areas (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation— (A) is a transfer, collection, or delivery; (B) is provided by— (i) a rail carrier subject to the jurisdiction of the Commission under subchapter 1 of this chapter; (ii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or (iii) a freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter; and (C) is incidental to transportation provided by the carrier or service provided by the freight forwarder that is subject to the jurisdiction of the Commission under any of those subchapters. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier, under subchapter III of this chapter when provided by such a Avater carrier, and under subchapter IV of this chapter when provided by such a freight forwarder. (b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the ti*ansportation— (A) is a transfer, collection, or delivery; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/83

 PUBLIC LAW 95-473—OCT. 17, 1978 (B) is provided by a person as an agent or under other arrangement for— s (i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; (ii) a motor carrier subject to the jurisdiction of the Commission under this subchapter; (iii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or (iv) a freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the freight forwarder for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under this subchapter when provided for such a motor carrier, under subchapter III of this chapter when provided for such a water carrier, and under subchapter IV of this chapter when provided for such a freight forwarder. § 10524. Transportation furthering a primary business The Interstate Commerce Commission does not have jurisdiction under this subchapter over the transportation of property by motor vehicle when— (1) the property is transported by a person engaged in a business other than transportation; and (2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person. § 10525. Exempt motor carrier transportation entirely in one State (a) The Interstate Commerce Commission shall exempt transportation of a motor carrier subject to the jurisdiction of the Commission under this subchapter from compliance with this subtitle when— (1) the motor carrier provides transportation entirely in one State; and (2) the Commission finds that the nature or quantity of transportation provided by the motor carrier does not substantially affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. (b) The Commission may begin a proceeding under this section on its own initiative or on application of a motor carrier, a State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State, or an interested party. An application must be under oath and must contain information required by Commission regulation. The Commission may exempt the transportation by motor carrier or class of motor carriers. When an exemption is granted, the Commission shall issue a certificate of exemption describing the conditions required by the public interest under which the certificate is issued. (c). When an application for exemption is accompanied by a certificate of the authority of the State in which the applicant provides transportation stating the finding of the State authority that the applicant is entitled to a certificate of exemption under this section, the exemption is effective on the 60th day after the application is filed with the Commission unless the Commission denies the application before

92 STAT. 1S63

49 USC 10524.

49 US^ 10525.

Ante, p. 1337. Proceedings.

Exemption certificate.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/84

 92 STAT. 1364

Revocation.

Ante, p. 1337.

49 USC 10526.

PUBLIC LAW 95-473—OCT. 17, 1978

that date. If not denied before that date, the exemption remains effective until the Commission thereafter denies or revokes it. (d) The Commission may revoke any part of an exemption granted under this section when it finds that the nature or quantity of the transportation by the motor carrier or class of motor carriers is, or is likely substantially to affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. If the exemption is revoked, the Commission shall restore without further proceedings the authority any such motor carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption was effective. (e) State regulation of the operations of a motor carrier covered by an exemption under this section is not a burden on interstate or foreign commerce. §10526. Miscellaneous motor carrier transportation exemptions (a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over— (1) a motor vehicle transporting only school children and teachers to or from school; (2) a motor vehicle providing taxicab service and having a ' capacity of not more than 6 passengers and is not operated on a ' ' regular route or between specified places; (3) a motor vehicle owned or operated by or for a hotel and ^ oidy transporting hotel patrons between the hotel and the local station of a common carrier; (4) a motor vehicle controlled and operated by a farmer and transporting— ,'., (A) the farmer's agricultural or horticultural commodities and products; or /_ (B) supplies to the farm of the farmer; (5) a motor vehicle controlled and operated by a cooperative association (as defined by section 1141j(a) of title 12) or by a ' * federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State— (A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter} — (i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance; (ii) may not exceed in each fiscal year 15 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and (iii^ shall be provided only after the cooperative association or federation notifies the Commission of its intent to provide the transportation; and (B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transporta-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/85

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1365

tion between those places for the cooperative association or federation and its members during that fiscal year; (6) a motor vehicle carrying, for compensation, only property and that property consists of — (A) ordinary livestock; (B) agricultural or horticultural commodities (other than manufactured products thereof); (C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported T from a foreign country, wool tops and noils, or wool waste .. (carded, spun, woven, or knitted); and (D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, other than fish or shellfisli that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; (7) a motor vehicle used only to distribute newspapers; (8) transportation by motor vehicle incidental to transportation by aircraft; or (9) the operation of a motor vehicle in a national park or national monument. (b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this sub- ^«*e. P- 1337. chapter over— (1) transportation provided entirely in a nuniicipality, iji contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except— (A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or (B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs; (2) transportation by motor vehicle provided casnally, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or (3) the emergency towing of an accidentally wrecked or disabled motor vehicle. SUBCHAPTER III—WATER CARRIER TRANSPORTATION §10541. General jurisdiction 49 USC 10541. (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/86

 92 STAT. 1366

49 USC 10542.

-

PUBLIC LAW 95-473—OCT. 17, 1978

(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States; (2) by water carrier and rail carrier or motor carrier from a place in a State to a place in another State, except that if part of the transportation is outside the United States, the Commission only has jurisdiction over that part of the transportation provided— (A) by rail carrier or motor carrier that is in the United States; and (B) by water carrier that is from a place in the United States to another place in the United States; and (3) by water carrier or by water carrier and rail carrier or motor carrier between a place in the United States and a place outside the United States, to the extent that— (A) when the transportation is by rail carrier or motor carrier, the transportation is provided in the United States; (B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and (C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States. (b) If transportation by a carrier would be subject to the jurisdiction of the Commission under both subsection (a) of this section and subchapter I of this chapter, then that transportation is subject to the jurisdiction of the Commission under subsection (a) of this section. However, that transportation is also subject to the jurisdiction of the Commission under subchapter I of this chapter to the extent that this subtitle imposes requirements on transportation by carriers subject to the jurisdiction of the Commission under subchapter I that are not imposed on transportation by carriers subject to the jurisdiction of the Commission under subsection (a) of this section. (c) This subtitle does not— (1) affect the power of a State to regul ate intrastate transportation provided by a water carrier; or (2) authorize the Commission to prescribe or regulate a rate for intrastate transportation by a water carrier. § 10542. Exempt bulk transportation (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by a water carrier of commodities in bulk that, under an existing custom of the trade in the handling and transportation of commodities in bulk as of June 1, 1939— (A) are loaded and carried without wrappers or containers; and (B) are received and delivered by the carrier without transportation mark or count.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/87

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1367

(2) This subsection does not apply to transportation subject to 46 USC 843 et chapter 23A of title 46 on September 18, 1940. (b) The Commission does not have jurisdiction under this sub- seq. chapter over transportation by a water contract carrier of commodities in bulk in a non-oceangoing vessel on a normal voyage during which— (1) the cargo space of the vessel is used for carrying not more than 3 commodities in bulk; and (2) the vessel passes in or through waters that are international for navigational purposes by a treaty to which the United States is a party. (c) The Commission does not have jurisdiction under this subchapter over transportation by water carrier of liquid cargoes in bulk in tank vessels— J. (1) designed exclusively for transporting such a cargo; and (2) certified under regulations of the Secretary of Transportation under section 391a of title 46. 49 USC 10543. § 10543. Exempt incidental water transportation (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter when the transportation— (A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or Hi) is flotage, car ferrying, lighterage, or towage; (B) is provided by— (i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; or (ii) a motor carrier subject to the jurisdiction of the Com• mission under subchapter II of this chapter; and (C) is incidental to transportation provided by the carrier subject to the jurisdiction of the Commission under either of those subchapters. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier and under subchapter II of this chapter when provided by such a motor carrier. (b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by water when the transportation— (A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or ' (ii) is flotage, car ferrying, lighterage, or towage; and (B) is provided by a person as an agent or under other arrangement for— (i) a rail carrier or express carrier subject to the jurisdic'< tion of the Commission under subchapter I of this chapter; (ii) a motor carrier subject to the jurisdiction of the (iii) a water carrier subject to the jurisdiction of the Commission under this subchapter. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier
 * c; /.'5 Commission under subchapter II of this chapter; or

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/88

 92 STAT. 1368

49 USC 10544. Ante, p. 1337.

Proceeding.

Conditions. Proceeding.

46 USC 801 et seq., 843 et seq.

PUBLIC LAW 95-473—OCT. 17, 1978 or express carrier, under subchapter II of this chapter when provided for such a motor carrier, and under this subchapter when provided for such a water carrier. § 10544. Miscellaneous water carrier transportation exemptions (a) Except to the extent the Interstate Commerce Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over transportation by water carrier when the transportation is provided— (1) entirely in one harbor or between places in contiguous harbors, other than transportation under common control, manage, ment, or arrangement for a continuous carriage or shipment to or from a place outside the limits of the harbor or the contiguous harbors; (2) by a vessel of not more than 100 tons carrying capacity oi 100 indicated horsepower; (3) by a vessel carrying only passengers and equipped to carry not more than 16 passengers; (4) by a ferry; (5) by a water carrier transporting equipment of contractors used, or to be used, in construction or repair for the water carrier; or (6) to carry out salvage operations. (b) The Commission may exempt from its jurisdiction under this subchapter the transportation of passengers between places in the United States through a foreign port when the Commission finds its jurisdiction is not necessary to carry out the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party. (c) The Commission shall exempt from its jurisdiction under this subchapter the transportation of commodities by water contract carrier when the Commission finds that the transportation is not actually and substantially competitive with transportation provided by a carrier subject to the jurisdiction of the Commission under subchapter I or II of this chapter because of the inherent nature of the commodities transported, their requirement of special equipment, or their shipment in bulk. The Commission may prescribe conditions applicable to an exemption under this subsection. The Commission may begin a proceeding under this subsection on application of a water contract carrier. (d)(1) The Commission does not have jurisdiction under this subtitle over transportation by a water common carrier provided between the 48 contiguous States and Alaska if, before January 3, 1959— (A) the carrier provided that transportation, was also a motor common carrier, and has continued to provide the transportation since before that date; and (B) the transportation was subject to chapters 23 and 23A of title 46. (2) The transportation remains subject to the jurisdiction of the Federal Maritime Commission. (e) The Commission shall exempt the transportation of property on a vessel furnished by a water contract carrier to a person not a carrier providing transportation or service subject to the jurisdiction of the Commission under this subtitle when the person uses the vessel to trans-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/89

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1369

port its own property and the Commission finds its jurisdiction is not necessary to carry out the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this sec- Ante, p. 1337. tion on its own initiative or on application of an interested party. Proceeding, The Commission may exempt the transportation by person or class of persons. The Commission shall specify the period of time during which the exemption is effective. The Commission may revoke the exemption when it finds that its jurisdiction over the transportation of the property is necessary to carry out the transportation policy of section 10101. The Commission may deny or revoke an exemption only after an opportunity for a proceeding. (f)(1) The Commission shall exempt the transportation of property by a water carrier under this subchapter when the Commission finds that the carrier is transporting only the property of a person owning substantially all of the voting stock of the carrier. When an exemp- Exemption tion is granted, the Commission shall issue a certificate of exemp- certificate. tion. The Commission may begin a proceeding under this subsection Proceeding, on its own initiative or on application of an interested party. (2) The Commission may revoke an exemption granted under this Revocation. subsection when it finds the water carrier is no longer- entitled to the exemption. If the exemption is revoked, the Conunission shall restore without further proceedings the authority the water carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption became effective. SUBCHAPTER IV—FREIGHT FORWARDER SERVICE § 10561. General jurisdiction 49 USC 10561. (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over service that a freight forwarder— (1) undertakes to provide; or (2) is authorized or required under this subtitle to provide; to the extent transportation is provided in the United States and is between— (A) a place in a State and a place in another State, even if part of the transportation is outside the United States; (B) a place in a State and another place in the same State through a place outside the State; or (C) a place in the United States and a place outside the United States. (b) The Commission does not have jurisdiction under subsection (a) of this section over service undertaken by a freight forwarder using transportation— (1) of an air carrier subject to chapter 20 of this title; or 49 USC 1301 et (2) by motor vehicle exempt under section 10526(a)(8) of this ^«^title. § 10562. Exempt freight forwarder service 49 USC 10562. The Interstate Commerce Commission does not have jurisdiction under this subchapter over— (1) service provided by, or under the direction of, a cooperative association (as defined by section 1141j (a) of title 12) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association; (2) service subject to the jurisdiction of the Commission and provided with respect to only one of the following categories:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/90

 92 STAT. 1370

PUBLIC LAW 95-473—OCT. 17, 1978 I

(A) ordinary livestock; (B) fish (including shellfish); (C) agricultural or horticultural commodities (other than manufactured products thereof); or (D) used household goods; (3) the service of a shipper or a group of shippers in consolidating or distributing freight on a nonprofit basis, for the shipper or members of the group to secure carload, truckload, or otner volume rates; or (4) the service of an agent of a shipper in consolidating or distributing pool cars when the service is provided for the snip; per only in a terminal area in which the service is performed. CHAPTER 107—RATES, TARIFFS, AND VALUATIONS SUBCHAPTER I—GENEKAL AUTHORITY

'

Sec. 10701. Standards for rates, classifications, through routes, rules, and practices. 10702. Authority for carriers to establish rates, classifications, rules, and practices. 10703. Authority for carriers to establish through routes. 10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Interstate Commerce Commission. 10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. 10706. Rate agreements: exemption from antitrust laws. 10707. Investigation and suspension of new rail carrier rates, classifications, rules, and practices. 10708. Investigation and suspension of new nonrail carrier rates, classlfica,,, tioiis. rules, and practices. ' ' 10709. Determination of market dominance in rail carrier rate proceedings. 10710. Elimination of discrimination against recyclable materials. 10711. Effect of certain sections on rail rates and practices.

SUBCHAPTER II—SPECIAL CIRCUMSTANCES 10721. 10722. 10723. 10724. 10725. 10726. 10727. 10728. 10729. 10730. 10731.

'''• -•' ^*

-j

Government traffic. Special passenger rates. Charitable purposes. -' Emergency rates. Special freight forwarder rates. Long and short haul transportation. Demand-sensitive rates. ' Separate rates for distinct rail services. . *Rail carriers; incentive for capital investment. Rates and liability based on value. Investigation of discriminatory rail rates for transportation of recyclable or recycled materials.

10741. 10742. 10743. 10744. 10745. 10746. 10747. 10748. 10749. 10750.

SUBCHAPTER III—LIMITATIONS

Prohibitions against discrimination by common carriers. Facilities for interchange of traffic. • ^ Payment of rates. Liability for payment of rates. Continuous carriage of freight. Transportation of commodities manufactured or produced by a rail carrier. Transportation services or facilities furnished by shipper. Transportation of livestock by rail carrier. Exchange of services and limitation on use of common carriers by freight forwarders. Demurrage charges.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/91

 3 ^---.S^ " " ^^^jfH^'S^

92 STAT. 1371

PUBLIC LAW 95-473—OCT. 17, 1978 SUBCHAPTER IV—TAEIFFS AND T R A F F I C 10761. Transportation prohibited without tariff. 10762. General tariff requirements. 10763. Designation of certain routes by shippers or Interstate Commerce Commission. 10764. Arrangements between carriers: copy to be filed with Interstate Commerce Commission. 10765. Water transportation under arrangements with certain other carriers. 10766. Freight forwarder traffic agreements.

SUBCHAPTER V—VALUATION OF PROPERTY 10781. 10782. 10783. 10784. 10785. 10786.

Investigation and report by Interstate Commerce Commission. Ite(iuirements for establisliing value. Cooperation and assistance of carriers. Revision of property valuations. Finality of valuation: notice, protest, and review. Applicability.

SUBCHAPTER I—GENERAL AUTHORITY

,:

§ 10701. Standards for rates, classifications, through routes, rules, and practices (a) A rate, classification, rule, or practice related to transportation or service provided by a carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title must be reasonable. A through route established by such a carrier must be reasonable. Divisions of joint rates by those carriers must bo made without unreasonable discrimination against a participating carrier and must be reasonable. (b)(1) A rate for transportation provided by a rail carrier subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title that contributes, or would contribute, to the going concern value of that carrier does not violate subsection (a) of this section because it is below a reasonable minimum rate for the service rendered or to be rendered. This subsection does not prohibit increasin^ a rate to a level that contributes to the going concern value of a rail carrier if the increase is otherwise reasonable. The increased rate is presumed reasonable if it does not exceed the incremental costs of rendering the transportation to which the increase applies. (2)(A) A rate for transportation by a rail carrier that equals or exceeds the variable costs of providing the transportation is presumed to contribute to the going concern value of the rail carrier proposing the rate. However, the presumption may be rebutted by clear and convincing evidence. (B) Variable and incremental costs shall be determined under formulas prescribed by the Commission. However, when making a determination of variable costs, the Commission shall, on application of the rail carrier proposing the rate, determine only the costs of that carrier and only those costs of the specific service in question unless the specific information is not available. The Commission may not include in variable costs an expense that does not vary directly with the level of transportation provided under the proposed rate. (_c) A_ common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or ITT of chapter 105 of this title may not discriminate in its rates against a connecting line of another carrier providing transportation subject to the juris-

49 USC 10701.

Rate increases,

Nondiscrimination.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/92

 92 STAT. 1372

Post, p. 1402.

49 USC 10702.

Filing.

Relief. Ante, p. 1337. Proceeding.

49 USC 10703.

PUBLIC LAW 95-473—OCT. 17, 1978 diction of the Commission under either of those subchapters or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper. (d) In a proceeding to determine whether a rate for transportation or service provided by a common carrier subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 of this title complies with subsection (a) of this section, the good will, earning power, or certificate or permit under which that carrier is operating may not be considered or admitted as evidence of the value of the property of that carrier. When the carrier receives a certificate or permit under chapter 109 of this title, it is considered to have agreed to this subsection for itself and for all transferees of that certificate or permit. § 10702. Authority for carriers to establish rates, classifications, rules, and practices (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish— (1) rates, including divisions of joint rates, and classifications for transportation and service it may provide under this subtitle; and (2) rules and practices on matters related to that transportation or service, including rules and practices on— (A) issuing tickets, receipts, bills of lading, and manifests; (B) carrying of baggage; (C) the manner and method of presenting, marking, packing, and delivering property for transportation; and (D) facilities for transportation. (b) A contract carrier providing transportation subject tx) the jurisdiction of the Commission under chapter 105 of this title shall establish, and file with the Commission, actual and minimum rates for the transportation it may provide under this subtitle and rules and practices related to those rates. However, this subsection does not require a motor contract carrier to maintain the same rates and rules related to those rates for the same transportation provided to shippers served by it. The Commission may grant relief from this subsection when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers or on its own initiative for a water contract carrier or group of water contract carriers. § 10703. Authority for carriers to establish through routes (a) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish through routes as follows: (1) Eail, express, sleeping car, and pipeline carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes. (2) Eail and water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes. (3) A motor common carrier of passengers shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/93

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1373

(4)(A) A motor common carrier of property may establisli through routes and joint rates and classifications applicable to them with other carriers of the same type, with rail and express carriers, and with water common carriers, including those referred to in subparagraph (D) of this paragraph. (B) A motor common carrier of passengers may establish through routes and joint rates applicable to them with rail carriers or water common carriers, including those referred to in subparagraph (D) of this paragraph, or both. (C) Water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes and may establish— (i) through routes and rates and classifications applicable to them with motor common carrierS; and (ii) through routes and joint rates and classifications applicable to them with water common carriers refen-ed to in subparagraph (D) (ii) of this paragraph. „ (D) A through route or joint rate or classification authorized to be established with a carrier referred to in this subparagraph may be established with a water common carrier providing transportation subject to— (i) the jurisdiction of the Commission under subchaptei' III of chapter 105 of this title; or (ii) section 801 or sections 843-848 of title 46 (including persons holding themselves out to transport goods by water but not OAvning or operating vessels) and providing transportation of property between Alaska or- Hawaii and the other 48 States. A through route and a rate, classification, rule, or practice related to a through route with a water common carrier referred to in, this subparagraph is subject to the provisions of this subtitle governing the type of carrier establishing the rate, classification, rule, or practice, (b) A carrier providing transportation subject to the jurisdiction Operating rules, of the Commission under subchapter I or III of chapter 105 of this title that establishes a through route with another carrier under this section shall establish rules for its operation and provide— (1) reasonable facilities for operating the through route; and (2) reasonable compensation to persons entitled to compensation for services related to the through route. § 10704. Authority and criteria: rates, classifications, rules, 49 USC 10704. and practices prescribed by Interstate Commerce Commission (a)(1) When the Interstate Commerce Commission, after a full Violations, hearing, decides that a rate charged or collected by a carrier for transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or that a classification, rule, or practice of that carrier, does or will violate this subtitle, the Commission may prescribe the rate (including a maximum or minimum rate, or both), classification, rule, or practice to be followed. The Commission may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Commission.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/94

 92 STAT. 1374 Revenue levels, standards and procedures.

'

PUBLIC LAW 95-473—OCT. 17, 1978

(£) The Commission shall maintain standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under that subchapter that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Commission shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. However, a rate, classification, rule, or practice of a rail carrier may be maintained at a particular level to protect the traffic of another carrier or mode of transportation only if the Commission finds that the rate or classification, or rule or practice related to it, reduces or would reduce the goin^ concern value of the carrier charging the rate. Revenue levels established under this paragraph should— (A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a capital, and cover the effects of inflation; and (B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States. (b)(1) When the Commission decides that a rate charged or collected by— (A) a motor common carrier for providing transportation subject to its jurisdiction under subchapter II of chapter 105 of this title by itself, with another motor common carrier, with a rail, I; express, or water common carrier, or any of them; (B) a water common carrier for providing transportation 1 subject to its jurisdiction under subchapter III of chapter 105 of this title; or (C) a freight forwarder for providing service subject to its jurisdiction under subchapter IV of chapter 105 of this title; or that a classification, rule, or practice of that carrier, does or will i ing a maximum or minimum rate, or both), classification, rule, or practice to be followed. (2) When prescribing a rate, classification, rule, or practice for transportation or service by common carriers other than by rail carrier, the Commission shall consider, among other factors, the following:
 * reasonable level of debt, permit the raising of needed equity
 * violate this chapter, the Commission shall prescribe the rate (includ«
 * i

ft' (A.) the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier; and (B) the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service. (3) If the carrier is a motor or water common carrier or a freight forwarder, the Commission shall also consider the need, in the public interest, of adequate and efficient transportation oi service by that carrier at the lowest cost consistent with providing that transportation or service. (4) If the carrier is a motor common carrier or a freight forwarder, the Commission shall also consider the inherent advantages of transportation by motor common carrier or the inherent nature of freight forwarding, respectively. (c)(1) When the Commission finds that a minimum rate of a contract carrier for transportation subject to the jurisdiction of the Com-

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/95

 '

••

» « * « * * * •

PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1375

mission under subchapter II or III of chapter 105 of this title, or a rule or practice related to the rate or the value of the service under it, violates this chapter or the transportation policy of section 10101 of this title, the Commission may prescribe the minimum rate, rule, or practice for the carrier that is desirable in the public interest and will promote that policy. In prescribing the rate, the Commission may not give a motor or water contract carrier an advantage or preference in competition with a motor or water common carrier, respectively, if an advantage or preference is unreasonable or inconsistent with the public interest and the transportation policy of section 10101 of this title. (2) When prescribing a minimum rate, or rule or practice related to a rate, for a contract carrier, the Commission shall consider— (A) the cost of the transportation provided by the carrier; and (B) the effect of a prescribed minimum rate, or rule or practice, on the movement of traffic by that carrier. (d) In a proceeding involving competition between carriers of different modes of transportation subject to this subtitle, except rail carriers, the Commission, in determining whether a r-ate is less than a reasonable minimum rate, shall consider the facts and circumstances involved in moving the traffic by the mode of carrier to which the rate is applicable. Subject to the transportation policy of section 10101 of this title, rates of a carrier may not be maintained at a particular level to protect the traffic of another mode of transportation. (e) In a proceeding involving a proposed increase or decrease in rail carrier rates, the Commission shall specifically consider allegations that the increase or decrease would (1) change the rate relationships between commodities, ports, places, regions, areas, or other particular descriptions of traffic (without regard to previous Commission consideration or approval of those relationships), and (2) have a significant adverse effect on the competitive position of shippers or consignees served by the rail carrier proposing the increase or decrease. The Commission shall investigate to determine whether the change or effect violates this subtitle when it finds that those allegations are substantially supported on the record. The investigation may be made either before or after the proposed increase or decrease becomes effective and either in that proceeding or in another proceeding. (f) The Commission may begin a proceeding under this section on its own initiative or on complaint. A complaint under subsection (a) of this section must be made under section 11701 of this title, but the proceeding may also be in extension of a complaint pending before the Commission. A complaint under subsection (c) of this section must contain a full statement of the facts and the reasons for the complaint and must be made under oath. §10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission (a)(1) The Interstate Commerce Commission may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates (including maximum or minimum rates or both), the division of joint rates, and the conditions under which those routes must be operated, for a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II (except a motor common carrier of property).

Ante, p. 1337.

Proceedings,

Investigation,

Post, p. 1449.

49 USC 10705.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/96

 92 STAT. 1376 Differential.

PUBLIC LAW 95-473—OCT. 17, 1978

or III of chapter 105 of this title. When one of the carriers on a through route is a water carrier, the Commission shall prescribe a differential between an all-rail rate and a joint rate related to the water carrier if the differential is j ustified. (2) The Commission may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when— Post, p. 1419. (A) required under section 10741-10744 or 11103 of this title; (B) one of the carriers is a Avater carrier; (C) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or (D) the Commission decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation. .,, ' The Commission shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes. Prohibition. (3) The Commission may not prescribe— (A) a through route, classification, practice, or rate between a street electric passenger railway not euj^aged in the general business of transporting freight in addition to its passenger and express business and (i) a rail carrier of a different character, or (ii) a water common carrier; or (B) a through route or joint rate applicable to it to assist a participating carrier to meet its financial needs. (b) The Commission shall prescribe the division of joint rates to be received by a carrier providing transportation subject to its jurisdiction under chapter 105 of this subtitle when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Commission under subsection (a) of this section, does or will violate section 10701 of this title. When prescribing the division of joint rates of a rail or water carrier under this subsection, the Commission shall consider— (1) the efficiency with which the carriers concerned are ^ operated;
 * i!

(2) the amount of revenue required by the carriers to pay their operating expenses and taxes and receive a fair return on the I property held and used for transportation; I.,: (3) the importance of the transportation to the public; (4) whether a particular participating carrier is an origi,1 nating, intermediate, or delivering line; and (5) other circumstances that ordinarily, without regard to the ,, mileage traveled, entitle one carrier to a different proportion of a rate than another carrier. (c) If a division of a joint rate prescribed under a decision of the Commission is later found to violate section 10701 of this title, the Commission may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Commission decides is justified. The Commission may make a decision under this paragraph effective as part of its original decision.
 * !,W\

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Page:United States Statutes at Large Volume 92 Part 2.djvu/97

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1377

(d) When the Commission suspends, for investigation, a rail or water common carrier tariff that would cancel a through route, joint rate, or classification without the consent of all carriers that are parties to it or without authorization of the Commission, the carrier proposing the cancellation has the burden of proving that cancellation is consistent with the public interest without regard to subsection (a) (2) of this section. In determining whether a cancellation involving a rail carrier is consistent with the public interest, the Commission shall, to the extent applicable— (1) compare the distance traveled and the average transportation time and expense required using (A) the through route, and (B) alternative routes, between the places served by the through route; (2) consider any reduction in energy consumption that may result from cancellation; and (3) consider the overall impact of cancellation on the shippers and carriers that are affected by it. (e)(1) The Commission may begin a proceeding under subsection (a) or (b) of this section on its own initiative or on complaint and may take action only after a full hearing. The Commission must complete all evidentiary proceedings to adjust the division of joint rates for transportation by rail carrier within one year after the complaint is filed if the proceeding is brought on complaint or within 2 years after the commencement of a proceeding on the initiative of the Commission and must take final action by the 270th day after completion of the evidentiary proceedings. The Commission may decide to extend such a proceeding to permit its fair and expeditious completion, but when the Commission cannot meet those time limits, it must report its reasons to Congress. (2) When a carrier begins a proceeding to adjust the division of joint rates for transportation by a rail carrier under this section by filing a complaint with the Commission, the carrier must also file all of the evidence in support of its position with the complaint and, during the course of the proceeding may only file rebuttal or reply evidence unless otherwise ordered by the Commission. (3) When the Commission receives a notice of intent to begin a proceeding to adjust the division of joint rates for transportation by a rail carrier under this section, the Commission shall allow the party filing the notice the same right to discovery that a party would have on filing a complaint under this section. (f) When there is a shortage of equipment, congestion of traffic, or other emergency declared by the Commission, it may prescribe temporary through routes that are desirable in the public interest on its own initiative or on application without regard to subsection (e) of this section, subchapter II of chapter 103 of this title, and subchapter II of chapter 5 of title 5. §10706. Rate agreements: exemption from antitrust laws (a)(1) In this subsection— (A) "affiliate" means a person controlling, controlled by, or under common control or ownership with another person and "ownership" refers to equity holdings in a business entity of at least 5 percent. (B) "single-line rate" refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by

39-194 O—80—pt. 2

7: QL3

1 i-

Hearing and proceeding,

Extension, report
 * ° Congress,

Discovery,

Emergency.

,

Ante, p. 1345. 5 USC 551. 19 USC 10706. Definitions.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/98

 92 STAT. 1378

PUBLIC LAW 95-473—OCT. 17, 1978

switching, dray age or other terminal carriers or agencies) can be provided by that carrier. Approval. (2)(A) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title that is a party to an agreement of at least 2 rail carriers or an agreement with a class of carriers referred to in subsection (c)(1)(B) - (E) of this section, that relates to rates (including charges between rail carriers and compensation paid or received for the use of facilities and equipment), classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, or establishment of them, shall apply to the Commission for approval of that agreement under this subsection. The Commission shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of its approval. If the Commission approves the agreement, it . ' may be made and carried out under its terms and under the conditions required by the Commission, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936, as amended (15 U.S.C. 13,13a, 13b, 21a) do not apply to parties and other persons with respect to making or carrying out the agreement. However, the Commission may not approve or continue approval of an '' ' " agreement when the conditions required by it are not met or if it does not receive a verified statement under subparagraph (B) of this paragraph. Verified (B) The Commission may approve an agreement under substatement, filing, paragraph (A) of this paragraph only when the carriers applying for approval file a verified statement with the Commission. Each statement must specify for each rail carrier that is a party to the agreement— (i) the name of the carrier; (ii) the mailing address and telephone number of its head'• quarter's office; and • (iii) the names of each of its affiliates and the names, addresses, and affiliates of each of its officers and directors and of each person, together with an affiliate, owning or controlling any debt, equity, or security interest in it having a value of at least $1,000,000. Final disposition. (3)(A) An organization established or continued under an agreement approved under this subsection shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. Such an organization may not— (i) permit a rail carrier to participate in agreements related to, or to vote on single-line rates proposed by another rail carrier, or on rates related to a particular interline movement unless that rail carrier can practicably participate in that movement; or (ii) permit, provide for, or establish a procedure for joint consideration or joint action to protest or seek the suspension of a rate or classification filed by a rail carrier under section 10707 of this title when that rate or classification is established by independent action. (B) Subparagraph (A)(i) and (ii) of this paragraph does not apply to—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/99

 PUBLIC LAW 95-473—OCT. 17, 1978 (i) general rate increases or decreases if the agreement gives shippers, under specified procedures, at least 15 days' notice of the proposal and an opportunity to present comments on it before a tariff containing the increases or decreases is filed with the Commission; or (ii) broad tariff changes that are of at least substantially general application throughout the area where the changes will apply. (C) In any proceeding in which a party alleges that a lail carrier voted or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself. (b) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title (except a rail carrier) that is a party to an agreement of at least 2 carriers related to rates (including charges between carriers and compensation paid or received for the use of facilities and equipment), allowances, classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, or establishment of them, may apply to the Commission for approval of that agreement under this subsection. The Commission shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of approval. If the Commission approves the agreement, it may be made and carried out under its terms and under the conditions required by the Commission, and the antitrust laws, as defined in section 12 of title 15, do not apply to parties and other persons with respect to making or carrying out the agreement. (c)(1) In this subsection, carriers are classified as follows: (A) Rail, express, and sleeping car carriers are a class. (B) Pipeline carriers are a class. (C) Motor carriers are a class. ' (D) Water carriers are a class. (E) Freight forwarders are a class. (2) The Commission may not approve an agreement under this section. (A) between or among carriers of different classes unless, in addition to the finding required under subsection (a) or (b) of this section, the Commission finds that the agreement is limited to matters related to transportation under joint rates or over through routes; (B) related to a pooling, division, or other matter to which subchapter III of chapter 113 of this title applies; or (C) establishing a procedure for determination of a matter through joint consideration unless the Commission finds that each party to the agreement has the absolute right under it to take independent action before or after a determination is made under that procedure. (d) The Commission may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Commission, or its delegate, may inspect a record maintained under this section.

92 STAT. 1379 Notice and comments.

Ante, p. 1358.

Ante, p. 1337.

Carrier classification.

Unapprovable agreements.

Post, p. 1434.

Records maintenance.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/100

 92 STAT. 1380 Review. '

•

Postponement.

Proceeding.

Review.

Report to President and Congress. Ante, p. 1345. Assessment report by FTC, publication.

49 USC 10707.

Ante, p. 1359. Notice. "

PUBLIC LAW 95-473—OCT. 17, 1978

(e) The Commission may review an agreement approved under subsection (a) or (b) of this section and shall change the conditions of approval or terminate it when necessary to comply with (1) the public interest and subsection (a), or (2) subsection (b). The Commission shall postpone the effective date of a change of an agreement under this subsection for whatever period it determines to be reasonably necessary to avoid unreasonable hardship. (f) The Commission may begin a proceeding under this section on its own initiative or on application. Action of the Commission under this section (1) approving an agreement, (2) denying, ending, or changing approval, (3) prescribing the conditions on which approval is granted, or (4) changing those conditions, has effect only as related to application of the antitrust laws referred to in subsection (a) or (b) of this section. (g) The Commission shall review each agreement approved under subsection (a) of this section periodically, but at least once every 3 years (1) to determine whether the agreement or an organization established or continued under one of those agreements still complies with the requirements of that subsection and the public interest, and (2) to evaluate the success and effect of that agreement or organization on the consuming public and the national rail freight transportation system. If the Commission finds that an agreement or organization does not conform to the requirements of that subsection, it shall end or suspend its approval. The Commission shall report to the President and Congress the results of the review as a part of its annual report under section 10311 of this title. (h)(1) The Federal Trade Commission, in consultation with the Antitrust Division of the Department of Justice, shall prepare periodically an assessment of, and shall report to the Commission on— (A) possible anticompetitive features of— (i) agreements approved or submitted for approval under subsection (a) of this section; and (ii) an organization operating under those agreements; and (B) possible ways to alleviate or end an anticompetitive feature, effect, or aspect in a manner that will further the goals of this subtitle and of the transportation policy of section 10101 of this title. (2) Reports received by the Commission under this subsection shall be published and made available to the public under section 552(a) of title 5. § 10707. Investigation and suspension of new rail carrier rates, classifications, rules, and practices (a) When a new individual or joint rate or individual or joint classification, rule, or practice related to a rate is filed with the Interstate Commerce Commission by a rail carrier providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title, the Commission may begin a proceeding, on its own initiative or on complaint of an interested party, to determine whether the proposed rate, classification, rule, or practice violates this subtitle. The Commission must give reasonable notice to interested parties before bewinning a proceeding under this subsection but may act without allowing an interested party to file an answer or other formal pleading in response to its decision to begin the proceeding.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/101

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1381

(b)(1) The Commission must complete a proceeding under this section and make its final decision by the end of the 7th month after the rate, classification, rule, or practice was to become effective. However, if the Commission reports to Congress by the end of the Tth month that it cannot make a final decision by that time and explains the reason for the delay, it may take an additional 3 months to complete the proceeding and make its final decision. If the Commission does not reach a final decision within the applicable time period, the rate, classification, rule, or practice— (A) is effective at the end of that time period; or (B) if already in effect at the end of that time period, remains in effect. (2) If an interested party has filed a complaint under subsection (a) of this section, the Commission may set aside a rate, classification, rule, or practice that has become effective under this section if the Commission finds it to be in violation of this chapter. (c)(1) Pending final Commission action in a proceeding under subsection (a) of this section, the Commission may suspend the proposed rate, classification, rule, or practice for 7 months after the time it would otherwise go into effect or, if a report is made under subsection (b) of this section, for 10 months after the time it would otherwise go into effect. However, the Commission may suspend a rate under this subsection only if it appears from specific facts shown by the verified complaint of a person that— (A) without suspension, the proposed rate change will cause substantial injury to the complainant or the party represented by the complainant; and (B) it is likely that the complainant will prevail on the merits. (2) The burden is on the complainant to prove the facts required under paragraph (1)(A) and (B) of this subsection. (d) If the Commission does not suspend a proposed rate increase that is the subject of a proceeding under this section, the Commission shall require the rail carriers involved to account for all amounts received under the increase until the Commission completes the proceeding or until 7 months after the increase becomes effective, whichever occurs first, or, if the proceeding is extended under subsection (b) of this section, until the Commission completes the proceeding or until 10 months after the increase becomes effective, whichever occurs first. The accounting must specify by whom and for whom the amounts are paid. When the Commission takes final action, it shall require the carrier to refund to the person for whom the amounts were paid that part of the increased rate found to be unjustified, plus interest at a rate equal to the average yield (on the date the proposed increase is filed) of marketable securities of the United States Government having a duration of 90 days. When any part of a proposed rate decrease is suspended and later found to complv with this subtitle, the rail carrier may refund any part of the portion of the decrease found to comply with this subtitle if the carrier makes the refund available equally to the shippers who participate in the rate according to the relative amounts of traffic shipped at that rate. (e) In a proceeding under this section, the burden is on the carrier proposing the changed rate, classification, rule, or practice to prove that the change is reasonable. The Commission shall specifically consider proof that the proposed rate, classification, nile, or practice will have a significantly adverse effect (in violation of section 10701, 10741-

Extension, report to Congress,

Accounting,

Refund requirement,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/102

 92 STAT. 1382

49 USC 10708.

Notice.

Accounting.

Refund requirement.

49 USC 10709. "Market dominance."

PUBLIC LAW 95-473—OCT. 17, 1978 10744, or 11103 of this title) on the competitive posture of shippers or consignees affected by the proposed rate, classification, rule, or practice. The Commission shall give proceedings under this section preference over all other proceedings related to rail carriers pending before it and make its decision at the earliest practical time. § 10708. Investigation and suspension of new nonrail carrier rates, classifications, rules, and practices (a)(1) The Interstate Commerce Commission may begin a proceeding to determine the lawfulness of a proposed rate, classification, rule, or practice immediately, on its own initiative or on application of an interested party when— (A) a new individual or joint rate or individual or joint classi• fication, rule, or practice affecting a rate is filed with the Commis*, sion by a common carrier, other than a rail carrier, under this ' ' ' subtitle; or (B) a new or reduced rate or rule or practice that causes a reduction of a rate is filed with the Commission by a contract carrier under this subtitle. (2) The Commission must give reasonable notice before beginning a proceeding under this section but may act without allowing an interested carrier to file an answer or other formal pleading in response to its decision to begin the proceeding. The Commission may take whatever final action on a rate, classification, rule, or practice under this section, after a full hearing (whether completed before or after the rate, classification, rule, or practices goes into effect), as it could in a proceeding begun after a rate, classification, rule, or practice became effective. (b) Pending final Commission action in a proceeding under subsection (a) of this section, the Commission may suspend the proposed rate, classification, rule, or practice at any time for not more than 7 months beyond the time it would otherwise go into effect by (1) delivering to each affected carrier, and (2) filing with the proposed rate, classification, rule, or practice, a statement of reasons for the suspension. If the Commission does not take final action during the suspension period, the proposed rate, classification, rule, or practice is effective at the end of that period. However, if an increase in a rate for, or related to, transportation of property by an express, sleeping car, or pipeline carrier becomes effective under this subsection, the Commission may require the interested carrier to account for all amounts received under it and specify by whom and on whose behalf those amounts were paid. When the Commission takes final action, it may require the carrier to refund, with interest, to the persons on whose behalf those amounts were paid, the part of the increased rate found to be in violation of this subtitle. (c) In a proceeding under this section, the burden is on the carrier proposing the changed rate, classification, rule, or practice to prove that the change is reasonable. The Commission shall give proceedings under this section preference over all other proceedings related to that type of carrier pending before it and make its decision at the earliest practical time. § 10709. Determination of market dominance in rail carrier rate proceedings (a) In this section, "market dominance" means an absence of effective competition from other carriers or modes of transportation far the transportation to which a rate applies.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/103

 PUBLIC LAW 95-473—OCT. 17, 1978 (b) When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title is challenged as being unreasonably high, the Commission shall determine, within 90 days after the start of a proceeding under section 10707 of this title to investigate the lawfulness of that rate, whether the carrier proposing the rate has market dominance over the transportation to which the rate applies. The Commission may make that determination on its own initiative or on complaint. A finding by the Commission that the carrier does not have market dominance is determinative in a proceeding under this subtitle related to that rate or transportation unless changed or set aside by the Commission or set aside by a court of competent jurisdiction. (c) When the Commission finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum. This subsection does not limit the power of the Commission to suspend a rate under section 10707(c) of this title. However, if the Commission has found that a carrier does not have market dominance over the ti-ansportation to which the rate applies, the Commission may suspend an increase in that rate as being in excess of a reasonable maximum for that transportation only if it specifically changes or sets aside its prior determination of market dominance. § 10710. Elimination of discrimination against recyclable materials The Interstate Commerce Commission shall maintain regulations that will eliminate discrimination against the transportation of recyclable materials in rate structures and in other Commission practices where discrimination exists. § 10711. Effect of certain sections on rail rates and practices Sections 10701(a) and (b), 10707, 10709, 10727, and 10728 of this title, related to rail carriers, do not— (1) modify the application of sections 10701(c), 10726, 10741-10744, or 11103 of this title in determining whether a rate or practice complies with this subtitle; (2) make a competitive practice that is unfair, destructive, predatory, or otherwise undermines competition that is necessary in the public interest comply with this subtitle; (3) affect a law in existence on February 5, 1976, or the authority of the Interstate Commerce Commission related to rate relationships between ports; or (4) affect the authority and responsibility of the Commission to guarantee the equalization of rates in the same port.

92 STAT. 1383

Ante, p. 1359.

Suspension.

49 USC 10710.

49 USC 10711.

SUBCHAPTER II—SPECIAL CIRCUMSTANCES § 10721. Government traffic 49 USC 10721. (a)(1) Except as provided in this section, the full applicable commercial rate shall be paid for transportation for the United States Government by a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission

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Page:United States Statutes at Large Volume 92 Part 2.djvu/104

 92 STAT. 1384

Increased revenues.

Ante, pp. 1359, 1361, 1365.

Ante, p. 1358. 39 USC 5001 et seq., 5201 et seq. Quoted or tendered rate, filing.

49 USC 10722.

PUBLIC LAW 95-473—OCT. 17, 1978 under this subtitle. Section 5 of title 41 does not apply when transportation for the United States Government can be obtained from a common carrier lawfully operating in the area where the transportation will be provided. When prescribing rates for transportation or service by those common carriers, the Commission shall consider increased revenues those carriers receive under this subsection to reflect those increases in appropriate readjustments of their rates. (2) Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies to a rail carrier if that carrier, or its predecessor in interest, received a grant of land from the United States to aid in constructing the railroad it operates but did not file a release with the Secretary of the Interior before September 18, 1941, of claims against the United States Government to, or arising out of, lands that were granted, claimed to have been granted, or claimed should have been granted to that carrier or its predecessor in interest. This paragraph does not require a rail carrier to reconvey to the United States land patented or certified to it or prevent the patent of land that the Secretary of the Interior found was sold by the carrier to an innocent purchaser for value or as preventing the patent of land listed or selected by the carrier and finally approved by the Secretary of the Interior to the extent that issuance of those patents is authorized by law. (b)(1) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title may transport individuals for the United States Government without cnarge or at reduced rates. The carriers may transport custom inspectors and immigration officers without charge. A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title shall provide transportation for the United States Postal Service under chapters 50 and 52 of title 39, and may transport property for the United States Government, a State, or municipal government without charge or at reduced rates. (2) Unless a carrier is advised by the United States Government that disclosure of a quotation or tender of a rate established under paragraph (1) of this subsection for transportation provided to the United States Government would endanger the national security, the carrier shall file the quoted or tendered rate, including a retroactive rate made after the transportation has been provided, concurrently, with the Commission and the department, agency, or instrumentality of the United States Government for which the quotation or tender was made or for which the proposed transportation is to be provided. A carrier may quote or tender a rate established under an agreement made and approved under section 10706 of this title, but the exemption from the antitrust laws provided by that section applies only when the filing requirements of this paragraph are met. (c) A different policy, rule of rate making, system of accounting, method of determining costs of transportation, value of property, or rate of return may not be applied to a water carrier owned or controlled by the United States Government than is applied to a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title. § 10722. Special passenger rates (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/105

 PUBLIC LAW 95-473—OCT. 17, 1978 II, or III of chapter 105 of this title may establish mileage, excursion, and commutation passenger rates including joint interchangeable 5,000 mile passenger rates with the privilege of carrying an amount of baggage without charge for at least 1,000 miles. A carrier that establishes a rate under this subsection may issue tickets reflecting that rate. A carrier that establishes a joint interchangeable 5,000 mile passenger rate shall also establish rules related to that rate specifying the amount of baggage that may be carried without charge under it. (b) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may establish reduced rates for individuals when the cost of that transportation is an expense of an individual who— (1) is a member of the armed forces of the United States or another country when that individual is traveling in uniform on official leave, furlough, or pass; or (2) has been released from the armed forces of the United States not more than 30 days before beginning that transportation and is traveling home or to a prospective place of abode. (c) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may provide transportation without charge for an individual who is— ^1) a necessary caretaker of livestock, poultry, milk, or fruit; (2) an executive officer, general chairman, or counsel of an employee organization authorized to represent employees of that carrier under chapter 8 of title 45; (3) an employee in charge of the mails when working or traveling to or from work; (4) a newsboy on a train; (5) a baggage agent; or (6) a witness attending a legal investigation in which that carrier has an interest. (d)(1) In this subsection— (A) "employee of a carrier" includes an individual who— (i) is furloughed, pensioned, or not on active duty because of advanced age or infirmity that occurred while the individual was employed by that carrier; (ii) is being transported for purposes of reemployment by that carrier; or (iii) was killed while employed by a carrier. (B) "family" refers to the family of an individual named in clause (A) of this paragraph and includes the widow or minor child of an employee who died while employed by a carrier. (2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title may provide transportation without charge for officers and employees (and their families) of that carrier, another carrier (by exchange of passes or tickets), or a telegraph, telephone, or cable company. A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter may provide services related to movement of property for those individuals without charge. However, transportation of, or service provided for, household goods must be due to a change in the place of employment of an officer or employee while employed by that carrier. § 10723. Charitable purposes (a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter

92 STAT. 1385 Ante, pp. 1359, 1361, 1365. Ticket issuance. Baggage charge, rules.

45 USC 151 et seq.

Definitions.

49 USC 10723.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/106

 92 STAT. 1386 Ante, pp. 1359, 1361, 1365.

PUBLIC LAW 95-473—OCT. 17, 1978

I^ H^ or III of chapter 105 of this title may provide transportation without charge for— (A) an indigent or homeless individual (including an individ• ual transported by a hospital, charitable organization, or munici'.pal government and the necessary agents employed in that transportation); (B) an individual who is confined to or about to enter or return home after discharge from a— (i) Veterans'Administration facility; ': (ii) State home for disabled volunteer soldiers; or (iii) soldiers' and sailors' home, under an arrangement with the board of managers of that facility; (C) a minister of religion; and ^* (D) an individual who is confined to a hospital or charitable facility. (2) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title may provide transportation for property without charge or at a reduced rate for— (A) a charitable purpose, including transportation referred to in paragraph (1) of this subsection; or (B) use in a public exhibition. (b)(1) A common carrier subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter may provide transportation without charge to an individual who is— (A) engaged only in charitable work; (B) injured in an accident (together with the physicians and nurses attending that individual); or (C) a traveling secretary of a railroad Young Men's Christian Association. (2) That carrier may also establish a rate and related rule equal i!'»ii to the rate charged for the transportation of one individual when that rate is for the transportation of— (A) a totally blind individual and an accompanying guide or a dog trained to guide the individual; or (B) a disabled individual and accompanying attendant when required because of the disability. 49 USC 10724. § 10724. Emergency rates (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may transport passengers without charge to provide relief during general emergencies. (b)(1) The Commission may authorize a common carrier providing transportation or service subject to its jurisdiction under chapter 105 Ante, p. 1358. of this title to give reduced rates for service and transportation of property to or from an area in the United States to provide relief during emergencies. When the Commission takes action under this subsection, it must— (A) define the area of the United States in which the reduced rates will apply; (B) specify the period during which the reduced rates are to be in effect; and .^?::;:i' ri(Q^ define the class of persons entitled to the reduced rates. (2) The Commission may specify those persons entitled to reduced rates by reference to those persons designated as being in need of relief by the United States Government or by a State government authorized

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Page:United States Statutes at Large Volume 92 Part 2.djvu/107

 PUBLIC LAW 95-473—OCT. 17, 1978 to assist in providing relief during the emergency. The Commission may act under this subsection without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5. § 10725. Special freight forwarder rates (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may establish— (1) assembling rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments to a place for further movement as part of a carload or truckload shipment; and (2) distribution rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments moving from a place to which those shipments have moved as a part of a carload or truckload shipment. (b) A rate and related classification and rule established under subsection (a) of this section applies to freight forwarders and other persons using common carrier transportation under like conditions and may differ from other rates and related classifications and rules that contemporaneously apply to the same common carrier transportation when the difference is justified by a difference in the respective conditions under which that transportation is used. A rate referred to in subsection (a)(1) or (2) of this section may not be established to cover the line-haul transportation between the principal concentration place and the principal break-bulk place. (c) When establishing a rate, classification, rule, or practice, a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title may consider the tj^pe of property tendered to it by a freight forwarder for transportation when the property is in parcels that do not exceed 70 pounds in weight or 100 inches in length and girth combined. The carrier may establish the lowest rate for the transportation that allows it to receive adequate compensation for transporting the property. § 10726. Long and short haul transportation (a)(1) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of chapter 105 of this title (except an express carrier) may not charge or receive more compensation for the transportation of property of the same kind or of passengers— (A) for a shorter distance than for a longer distance over the same line or route in the same direction (the shorter distance being included in the longer distance); or (B) under a through rate than under the total of the intermediate rates it may charge or receive under this chapter. This paragraph does not authorize a carrier to charge or receive equal compensation for transportation over a shorter distance than a longer distance. (2) Notwithstanding paragraph (1) of this subsection, a carrier operating over a circuitous line or route to or from a place in competition with another carrier of the same type that operates over a more direct line or route may establish a rate (otherwise complying with this chapter) for that transportation to meet the rate of the carrier operating over the more direct line or route, A rate established for transportation over a circuitous route under this subsection is not evidence of the compensatory character of rates in other proceedings.

92 STAT. 1387

Ante, p. 1345. 5 USC 551. 49 USC 10725. Ante, pp. 1359, 1361, 1365.

49 USC 10726.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/108

 92 STAT. 1388

Relief.

Proceeding.

49 USC 10727. Standards and procedures.

Annual report to Congress, legislative recommendations. 49 USC 10728.

Expeditious procedures.

PUBLIC LAW 95-473—OCT. 17, 1978

(b) In special cases, the Commission may authorize a carrier to charge less for transportation over a longer distance than it charges for transportation over a shorter distance. The Commission may prescribe the extent to which a carrier authorized to charge less under this subsection may be granted relief from subsection (a) of this section. However, the Commission may not authorize a rate— (1) to or from the more distant place unless it is reasonably compensatory; or (2) because of potential water competition not actually in existence. (c) A rail carrier that reduces a rate for the transportation of property in competition with a water route to or from competitive places may increase the rate only if, after a proceeding, the Commission finds that the increase is proposed because of a change in conditions other than the elimination of water competition. (d) The Commission shall begin a proceeding under subsection (b) of this section on application of a carrier. A carrier may file a proposed rate with its application, and if the application is approved, the Commission shall allow the rate to become effective one day after the approval becomes effective. §10727. Demand-sensitive rates (a) The Interstate Commerce Commission shall maintain standards and procedures to permit seasonal, regional, or peak-period demand rates for transportation by rail carrier subject to its jurisdiction under subchapter I of chapter 105 of this title, that— (1) provide sufficient incentives to shippers, through rescheduling and advance planning, to reduce peak-period shipments; (2) generate additional revenue for rail carriers; (3) make better use of the national supply of freight cars; (4) improve— (A) the transportation of property by rail carriers; (B) the level of employment by rail carriers; and (C) the financial stability of markets served by rail carriers. (b) The Commission shall submit to Congress an annual report on the implementation of rates under this section and shall include recommendations for additional legislation needed to make it easier to establish those rates. §10728. Separate rates for distinct rail services (a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may, on its own initiative or at the request of a shipper or receiver of property, establish separate rates for distinct rail services to— (1) encourage competition; (2) promote increased reinvestment by rail carriers; and (3) encourage and make easier increased non-railroad investment in the production of rail services. (b) The Commission shall maintain expeditious procedures to permit separate rates for distinct rail services to— (1) encourage those services to be priced in accordance with the cash-outlay incurred by the carrier and the demand for them; and (2) enable shippers and receivers to evaluate transportation and related rates and alternatives.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/109

 PUBLIC LAW 95-473—OCT. 17, 1978 §10729. Rail carriers; incentive for capital investment (a) A proposed rate, classification, rule, or practice for transportation by a rail carrier subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title requiring a total capital investment of at least $1,000,000 to implement shall be established and become effective under this section. This section applies whether the investment is made individually or collectively by the carrier or by a shipper, receiver, or agent for any of them, or by a third party. (b) A rail carrier may file a notice of intent to establish a rate, classification, rule, or practice under subsection (a) of this section with the Commission. The notice must include a sworn affidavit detailing the anticipated capital investment. Unless the Commission after holding a proceeding under subsection (c) of this section, decides by the 180th day after the notice is filed that the proposed rate, classification, rule, or practice would violate this subtitle, the carrier may establish that rate, classification, rule, or practice at any time during the next 180 days, and it may become effective 30 days after it is established. Once a rate, classification, rule, or practice becomes effective imider this section, the Commission may not, for 5 years, suspend or set it aside as violating section 10701, 10726, 10741-10744, or 11103 of this title. However, the Commission may order the rate, classification, rule, or practice to be revised to a level equal to the variable costs of providing the transportation when the Commission finds the level then in effect reduces the going concern value of the carrier. (c) On request of an interested person, the Commission shall hold a proceeding to investigate and determine whether the rate, classification, rule, or practice proposed to be established under this section complies with this subtitle. The Commission must give reasonable notice to interested parties before beginning a proceeding under this subsection but may act without allowing an interested party to file an answer or other formal pleading. § 10730. Rates and liability based on value The Interstate Commerce Commission may require or authorize a carrier providing transportation or service subject to its jurisdiction under suV)chapter I, II, or IV of chapter 105 of this title, to establish rates for transportation of property under which the liability of the carrier for that property is limited to a value established by written declaration of the shipper, or by a written agreement, when that value would be reasonable under the circumstances surrounding the transportation. A rate may be made applicable under this section to livestock only if the livestock is valuable chiefly for breeding, racing, show purposes, or other special uses. A tariff filed with the Commission under subchapter IV of this chapter shall refer specifically to the action of the Commission under this section. § 10731. Investigation of discriminatory rail rates for transportation of recyclable or recycled materials (a) In this section— (1) "recyclable material" means material collected or recovered from waste for a commercial or industrial use whether the collection or recovery follows end usage as a product. (2) "virgin material" means raw material, including previously unused metal or metal ore, woodpulp or pulpwood, textile fiber or material, or other resource that, through the application

92 STAT. 1389 49 USC 10729. Ante, p. 1359.

Notice of intent, filing.

Proceeding. Notice.

49 USC 10730.

Ante, pp. 1359, 1361, 1369.

49 USC 10731. Definitions.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/110

 92 STAT. 1390

PUBLIC LAW 95-473—OCT. 17, 1978

''"* ' ' *

of technology, is or will become a source of raw material for commercial or industrial use. (b) When appropriate, the Interstate Commerce Commission shall— (1) investigate the rate structure for the transportation of recyclable or recycled materials and competing virgin material by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 Ante, p. 1359. of this title and the manner in which that rate structure has been affected by successive general rate increases approved by the ' Commission for those carriers; (2) determine whether those rate increases affect any part of the rate structure in violation of section 10701 or 10741 of this title and order the rate found to be in violation of either of those sections removed from the rate structure; and Proceedings, (3) report to the President and Congress, in each of the annual report to reports of the Commission for 1978 and 1979, and in other approPresident and priate reports, all proceedings started or completed under this Congress. subsection. Public hearing. (c) A determination under subsection (b)(2) of this section may be made only after a public hearing. During the hearing, the rail carriers have the burden of proving that rate increases that affect the rate structure applicable to the transportation of those competing materials comply with sections 10701 and 10741 of this title. Research (d) In cooperation with the Commission, the Secretary of Transprogram, portation shall maintain a research, development, and demonstration cooperation with program to develop and improve transport terminal operations, transTransportation port service characteristics, transport equipment, and collection and Secretary. processing methods to facilitate the competitive and efficient transportation of recyclable or recycled materials by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title. SUBCHAPTER III-^LIMITATIONS

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49 USC 10741. § 10741. Prohibitions against discrimination by common carriers ,^J^.;, (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may not charge or receive from a person a different compensation (by using a special rate, rebate, drawback, or another means) for a service rendered, or txy be rendered, in transportation the carrier may perform under this subtitle than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances. A common carrier that charges or receives such a different compensation for that service unreasonably discriminates. (b) A common carrier providing transportation or service subject Ante, p. 1358. to the jurisdiction of the Commission under chapter 105 of this title may not subject a person, place, port, or type of traffic to unreasonable discrimination. However, subject to subsection (c) of this section, this subsection does not apply to discrimination against the traffic of another carrier providing transportation by any mode. (c) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that

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