text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/111

 PUBLIC LAW 95-473—OCT. 17, 1978 chapter may not subject a freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter to unreasonable discrimination whether or not the freight forwarder is controlled by that carrier. (d) Differences between the rates, classifications, rules, and practices of water and rail common carriers in effect for their respective types of transportation do not constitute a violation of this section or an unfair or destructive competitive practice under this subtitle. § 10742. Facilities for interchange of traffic A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of chapter 105 of this title shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of passengers and property to and from, its respective line and a connecting line of another common carrier under either of those subchapters. § 10743. Payment of rates (a) Except as provided in subsection (b) of this section, a common carrier (except a pipeline or sleeping car carrier) providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under this subtitle shall give up possession at destination of property transported by it only when payment for the transportation or service is made. (b)(1) Under regulations of the Commission governing the payment for transportation and service and preventing discrimination, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Commission may provide for weekly or monthly payment for transportation provided by motor common carriers and for periodic payment for transportation provided by water common carriers. (2) Such a carrier (including a motor common carrier being used by a freight forwarder) may extend credit for transporting property for the United States Government, a State, a territory or possession of the United States, or a political subdivision of any of them. § 10744. Liability for payment of rates (a)(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail, motor, or water common carrier under this subtitle. When the shipper or consignor instructs the carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property— (A) of the agency and absence of beneficial title; and (B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading. (2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial

92 STAT. 1391 Ante, pp. 1359, 1361, 1365. Ante, p. 1369.

49 USC 10742.

49 USC 10743.

49 USC 10744.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/112

 92 STAT. 1392

,

Post, p. 1452. .

49 USC 10745. Ante, p. 1359.

PUBLIC LAW 95-473—OCT. 17, 1978 owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates. (b) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail or express carrier under this subtitle. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul carrier that is to make ultimate delivery— (1) to deliver the property to another party identified by the ' ' shipper or consignor as the beneficial owner of the property; and (2) that delivery is to be made to that party on payment of all applicable transportation rates; that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under clause (2) of this subsection on delivery. However, if the party gives written notice to the delivering carrier before delivery that the party is not the beneficial owner of the property and gives the carrier the name and address of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regaidless of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of property. (c)(1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That carrier must bring the action during the period provided in section 11706(a) of this title or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section. (2) A water common carrier may bring an action to enforce liability under subsection (a) of this section. That carrier must bring the action by the end of the 2d year after the claim accrues or by end of the 6th month after final judgment against it in an action against the consignee or beneficial owner named by the consignee by the end of that 2-year period. (3) A rail or express carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in section 11706(a) of this title or by the end of the 6th month after final judgment against it in an action against the shipper, consignor, or other party under that section. § 10745. Continuous carriage of freight A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The car-

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/113

 PUBLIC LAW 95-473—OCT. 17, 1978 riage of freight by those carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this subtitle. § 10746. Transportation of commodities manufactured or produced by a rail carrier A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may not transport from a State or territory or possession of the United States to another State, territory, or possession or a foreign country, an article or commodity that— (1) is manufactured, mined, or produced by the carrier or under its authority; or (2) is owned by the carrier or in which it has an interest. However, a rail carrier may transport such an article or commodity when it is necessary and intended for use in the business of that carrier. This section does not apply to timber and products manufactured from timber. § 10747. Transportation services or facilities furnished by shipper A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title may publish in a tariff filed with the Commission under subchapter IV of this chapter a charge or allowance for transportation or service for property when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or service. The Commission may prescribe the maximum reasonable charge or allowance a carrier subject to its jurisdiction may pay for a service or instrumentality furnished under this section. The Commission may begin a proceeding under this section on its own initiative or on application. § 10748. Transportation of livestock by rail carrier (a) Transportation entirely by railroad of ordinary livestock in carload lots to public stockyards shall include necessary services of unloading and reloading in route, delivery of inbound shipments at those stockyards into suitable pens, and receiving and loading outbound shipments at those stockyards. A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may charge a shipper, consignee, or owner an extra amount for those services only if, under Commission regulations, the unloading or reloading in route is at the request of the shipper, consignee, or owner, to try an intermediate market, or to comply with quarantine regulations. (b) Subsection (a) of this section does not affect the duties and liabilities of a rail carrier in existence on February 28, 1920, under a law related to the transportation of other than ordinary livestock or the duty of providing transportation for shipments other than shipments to or from public stockyards. § 10749. Exchange of services and limitation on use of common carriers by freight forwarders (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title may contract with a telephone, telegraph, or cable company to exchange services.

39-194 O—80—pt. 2

8: QL3

92 STAT. 1393

49 USC 10746.

^"*«' P- 1359.

Timber products, exemption. 49 USC 10747.

Ante, p. 1358. Ante, p. 1369.

Maximum charge or allowance. Proceeding. 49 USC 10748.

49 USC 10749.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/114

 92 STAT. 1394

PUBLIC LAW 95-473—OCT. 17, 1978

(b) A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this Ante, p. 1369. title may use a carrier, including a carrier referred to in this subsection, to transfer, collect, or deliver in a terminal area. However, to provide other services, a freight forwarder may only use— -..;;. (1) ^ rail, express, motor, or water common carrier providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title including— (A) a motor common carrier providing exempt transporAnte, pp. 1363, tation under section 10525 or 10526 (a)(8) of this title; or 1365. (B) a water common carrier providing exempt transportaAnte, p. 1366. tion under section 10542(a) of this title or transportation between places in Alaska or Hawaii and between those places and other places in the United States; (2) an air carrier subject to the jurisdiction of the Civil Aero49 USC 1301 et nautics Board under chapter 20 of this title; or seq(3) the Alaska Kailroad. ^ • li 49 USC 10750. § 10750. Demurrage charges Rules. A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapAnte, p. 1359. ter 105 of this title shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to— (1) freight car use and distribution; and (2) maintenance of an adequate supply of freight cars to be available for transportation of property. « 1

" " ^ " " ''-

49 USC 10761.

Relief. Ante, p. 1337. Proceeding.

49 USC 10762. Rates, publication and ""°8-

SUBCHAPTER I \ ^ T A R I F F S AND T R A F F I C

§ 10761. Transportation prohibited without tariff (a) Except as provided in this subtitle, a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide that transportation or service only if the rate for the transportation or service is contained in a tariff that is in effect under this subchapter. That carrier may not charge or receive a different compensation for that transportation or service than the rate specified in the tariff whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. (b) The Commission may grant relief from subsection (a) of this section to contract carriers 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 and on its own initiative for a water contract carrier or group of water contract carriers. §10762. General tariff requirements (a)(1) A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (except a motor common carrier) shall publish and file with the Commission tariffs containing the rates and (A) if a common carrier, classifications, rules, and practices related to those rates, and (B) if a contract carrier, rules and practices related to those rates, established under this chapter for transportation or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/115

 PUBLIC LAW 95-473—OCT. 17, 1978 service it may provide under this subtitle. A motor comLmon carrier shall publish and file with the Commission tariffs containing the rates for transportation it may provide under this subtitle. The Commission may prescribe other information that motor common carriers shall include in their tariff's. A motor contract carrier that serves only one shipper and has provided continuous transportation to that shipper for at least one year may file only its minimum rates unless the Commission finds that filing of actual rates is required in the public interest. (2) Carriers that publish tariffs under paragraph (1) of this subsection shall keep them open for public inspection. A rate contained in a tariff filed by a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 shall be stated in money of the United States. A tariff filed by a motor or water contract carrier or by a freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of that chapter, respectively, may not become effective for 30 days after it is filed. (b)(1) The Commission shall prescribe the form and manner of publishing, filing, and keeping tariffs open for public inspection under this section. The Commission may prescribe specific charges to be identified in a tariff published by a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter, but those tariffs must identify plainly— (A) the places between which property and passengers will be transported; (B) terminal, storage, and icing charges (stated separately) if a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter; (C) terminal charges if a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter III or IV of that chapter; (D) privileges given and facilities allowed; and (E) any rules that change, affect, or determine any part of the published rate. (2) A joint tariff filed by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter shall identify the carriers that are parties to it. The carriers that are parties to a joint tariff, other than the carrier filing it, must file a concurrence or acceptance of the tariff with the Commission but are not required to file a copy of the tariff. The Commission may prescribe or approve what constitutes a concurrence or acceptance. (c)(1) When a common carrier providing transportation or service subject to the jurisdiction of the Commission (A) under subchapter I of chapter 105 of this title proposes to change a rate, or (B) under another subchapter of that chapter proposes to change a rate, classification, rule, or practice, the carrier shall publish, file, and keep open for public inspection a notice of the proposed change as required under subsections (a) and (b) of this section. (2) When a contract carrier providing f lansportation subject to the iurisdiction of the Commission under subchapter II or III of chapter 105 of this title proposes to establish a new rate or to reduce a rate, directly or by changing a rule or practice related to the rate or the value of service under the rate, the carrier shall publish, file, and keep open for public inspection a notice of the new or reduced rate as required under subsections (a) and (b) of this section.

92 STAT. 1395

Public inspection.

Ante, pp. 1361, 1365, 1369.

Charges, identification. Ante, p. 1359.

Joint tariffs, concurrence or acceptance.

Proposed changes, notice.

New or reduced rates, notice.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/116

 92 STAT. 1396

Tariff simplification, regulations.

Extensions, statement to Congress.

Rejections. Relief. Ante, p. 1337. Proceeding.

49 USC 10763.

Ante, p. 1359.

PUBLIC LAW 95-473—OCT. 17, 1978

(3) A notice filed under this subsection shall plainly identify the proposed change or new or reduced rate and indicate its proposed effective date. A proposed change and a new or reduced rate may not become effective for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section. (d)(1) The Cormnission may reduce the 30-day period of subsections (a) and (c) of this section if cause exists. The Commission may change the other requirements of this section if cause exists in particular instances or as they apply to special circumstances. (2) The Commission ma;^ prescribe regulations for the simplification of tariffs by carriers providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title and permit them to change rates, classifications, rules, and practices without filing complete tariffs that cover matter that is not being changed when the Commission finds that action to be consistent with the public interest. Those carriers may publish new tariffs that incorporate changes or plainly indicate the proposed changes in the tariffs then in effect and kept open for public inspection. However, the Commission shall require that all rates of rail carriers and rail rate-making associations be incorporated in their individual tariffs by the end of the 2d year after initial publication of the rate, or by the end of the 2d year after a change in a rate becomes effective, whichever is later. The Commission may extend those periods if cause exists, but if it does, it must send a notice of the extension and a statement of the reasons for the extension to Congress. A rate not incorporated in an individual tariff as required by the Commission is void. (e) The Commission may reject a tariff submitted to it by a common carrier under this section if that tariff violates this section or regulation of the Commission carrying out this section. (f) The Commission may grant relief from this section to contract carriers 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 and on its own initiative for a water contract carrier or group of water contract carriers. §10763. Designation of certain routes by shippers or Interstate Commerce Commission (a)(1) When a person delivers property to a rail carrier for transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, the person may direct the carrier to transport the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the property may designate the lines over which the property will be transported. The designation must be in writing. A carrier may be directed to transport property over a particular through route when— (A) there are at least 2 through routes over which the property could be transported; (B) a through rate has been established for transportation over each of those through routes; and (C) the carrier is a party to those routes and rates. (2) A carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting carrier, that carrier must also receive and transport it according to

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Page:United States Statutes at Large Volume 92 Part 2.djvu/117

 PUBLIC LAW 95-473—OCT. 17, 1978 the routing instructions and deliver it to the next succeeding carrier or consignee according to the instructions. (b) If no direction is made under subsection (a) of this section, the Commission may designate the route over which the property may be transported after arrival at the end of the route of one carrier or at a junction with the route of another carrier when the property is to be delivered to another carrier for further transportation. The Commission may act under this subsection when the public interest and a fair distribution of traffic require that action. (c) The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section. § 10764. Arrangements between carriers: copy to be filed with Interstate Commerce Commission (a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall file with the Commission a copy of each arrangement related to transportation affected by this subtitle that the carrier has with another common carrier. The Commission may require other carriers and brokers subject to its jurisdiction under chapter 105 to file a copy of each arrangement related to transportation or service affected by this subtitle that they have with other persons. (2) When the Commission finds that filing a class of arrangements by a carrier subject to its jurisdiction under subchapter I of that chapter is not necessary in the public interest, the Commission may except the class from paragraph (1) of this subsection. (b) The Commission may disclose the existence or contents of an arrangement between a contract carrier and a shipper filed under subsection (a) of this section only if the disclosure is— (1) limited to those parts of the arrangement that are necessary to indicate the extent of its failure to conform to a tariff then in effect under section 10762 of this title; or (2) consistent with the public interest and made as a part of the record in a formal proceeding. § 10765. Water transportation under arrangements with certain other carriers (a) The Interstate Commerce Commission may require a common carrier providing transportation or service subject to its jurisdiction under chapter 105 of this title that makes an arrangement with a water carrier (whether or not subject to its jurisdiction under this subtitle) providing transportation from a port in the United States to another country for the through transportation of property from a place in the interior of the United States to another country to make similar arrangements with steamship lines that provide transportation from that port to that country. (b) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title that transports property from a place in the United States through another country to a place in the United States shall publish and keep open for public inspection tariffs as required under section 10762 of this title. The tariffs shall identify the through rate established for that transportation to the United States from another country to which the carrier accepts property for shipment from the United States. Unless the through rates are available for public inspection under that section,

92 STAT. 1397

Exceptions; 49 USC 10764.

^"^*' P- 1^^^-

Exception,

49 USC 10765.

Tariffs, publication and pu^hc inspection,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/118

 92 STAT. 1398

49 USC 10766. Ante, p. 1369.

Ante, p. 1337. Contract, copy filing. Ante, p. 1361.

Conditions and compensation.

PUBLIC LAW 95-473—OCT. 17, 1978 the property is subject to customs duties applicable to property produced in aiiothei" country before the property may be admitted to the United States. §10766. Freight forwarder traffic agreements (a) A freight forwarder providing service subject to the jurisdiction of the Interstate Commerce Commission under subchapter IV of chapter 105 of this title may agree with another freight forwarder to load traffic jointly between places served under this subtitle. However, the Commission may cancel, suspend, or require changes in the agreement when the Commission finds the agreement is inconsistent with the transportation policy of section 10101 of this title. (b) A freight forwarder providing service subject to the jurisdiction of the Commission under that subchapter may contract with motor common carriers providing transportation subject to the jurisdiction of the Commission under subchapter II of that chapter, to provide transportation for the forwarder. A copy of that contract must be filed with the Commission. The contract may govern use by the freight forwarder of the services and instrumentalities of the motor common carrier and the compensation to be paid for the transportation. However, the parties to a contract must establish reasonable conditions and compensation that are consistent with the transportation policy of section 10101 of this title and do not unreasonably discriminate against a party or another freight forwarder. When a contract under this subsection governs line-haul transportation of property for a total distance of at least 450 highway miles in truckload lots between concentration and break-bulk places, the compensation paid to a motor common carrier under the contract may not be less than the rate for that transportation established under this chapter. When the Commission finds that a contract, or its conditions or compensation, under this subsection is or will be inconsistent with this subsection, the Commission shall prescribe consistent conditions and compensation. (c) The Commission may begin a proceeding under this section on its OAvn initiative or on complaint. ,

SUBCHAPTER V—VALUATION OF PROPERTY 49 USC 10781.

Ante, p. 1359.

Classifications.

§10781. Investigation and report by Interstate Commission

Commerce

(a) The Interstate Commerce Commission shall investigate, establish, and report the value of all property owned or used by each carrier providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title, except a street, suburban, or interurban electric rail carrier not operated as a part of a general railroad system of transportation. However, the Commission may investigate, establish, and report the value of property owned or used by such an electric rail carrier when the Commission decides that action is desirable in the public interest. When the Commission makes an investigation required to be made under this section, it must— (1) inventory and list the property of that carrier in detail; (2) indicate the value established tinder section 10782 of this title for that property; and (3) classify the physical property under classifications that conform, as nearly as practicable, to the classification of expenditures prescribed by the Commission for railroads and equipment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/119

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1399

(b) Except as provided in subsection (a) of this section, the Commission may prescribe— (1) the procedure to be followed when conducting an investigation under this subchapter; (2) the form in which to submit the results of the valuation; and (3) the classification of the elements that make up the established value. The report for each investigation conducted under this subchapter shall indicate the value of the property of each common carrier as a whole and separately identify the value of its property in each State and territory and possession of the United States in which the property is located. § 10782. Requirements for establishing value 49 USC 10782. (a) In carrying out an investigation of a common carrier required under section 10781 of this title, the Interstate Commerce Commission shall— (1) establish, for each piece of property except land owned or used by the carrier as a common carrier, the ori^nal cost to date, cost of reproduction new and cost of reproduction less depreciation, and analyze the methods used to establish those costs and the reasons for differences among them; (2) establish other values, and elements of value, of that property and analyze the methods used to establish them and the reasons for differences between them and the cost values established under clause (1) of this subsection; (3) establish separately from improvements, the original cost on the date of dedication to public use, of all lands, rights of way, and terminals owned or used by the carrier as a common carrier and establish their current value; (4) identify property not held by the carrier as a common carrier, its original cost, and current value and analyze the methods of valuation used; (5) establish the amount and value of assistance or grant of right of way made to the carrier, or to a previous corporation that operated its property, by the United States Government or by a State, county, or municipal government, or by an individual, association, or corporation and the amount and value of any concession and allowance made by the United States Government or another of those governments in consideration of that assistance; and (6) identify the grants of land to that carrier, or to a previous corporation that operated its property, by the United States Government, or by a State, county, or municipal government, the amount of money derived from the sale of part of those grants, the value of the unsold parts (established as of the date acquired and currently), and the amount and value of any concession and allowance made by the carrier to the United States Government, or v another of those governments, in consideration of that assistance or grant of land. (b) The Commission may prescribe elements to consider in establishing the cost to date of property owned or used by a carrier. However, in establishing that cost, the Commission shall investigate and include in those elements—

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/120

 92 STAT. 1400

49 USC 10783. Ante, p. 1359.

Special service, compensation and accounting. Records inspection, 49 USC 10784.

PUBLIC LAW 95-473—OCT. 17, 1978

(1) the history and organization of the corporation that currently operates the property and of previous corporations that \ also operated that property; (2) increases or decreases of securities during reorganization of that corporation or such a previous corporation; (3) money received through the issuance of securities by that corporation or such a previous corporation; (4) syndicating, banking, and other financial arrangements under which those securities were issued and the expenses thereof; (5) the net and gross earnings of those corporations; and (6) the expenditure of all money and the purposes of those expenditures in as much detail as the Commission determines to be necessary. § 10783. Cooperation and assistance of carriers (a) Each common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall cooperate with and assist the Commission in valuing property under this subchapter. The Commission may order those carriers to— (1) give to the Commission maps, profiles, contracts, engineering reports, and other records to assist it in investigating and establishing the value of that carrier's property; and (2) assist the Commission in valuing property under this subchapter in other ways, including giving its agents free access to its right-of-way, property, and records on request. (b) A rail carrier whose property is being valued under this subchapter shall— (1) transport employees of the United States Government Avho are making surveys and other examinations of the physical property of that carrier in the course of that valuation when reasonably required by them in the actual discharge of their duties; (2) transport and store the cars of the United States Government that are used to house and maintain those employees when reasonably required during the valuation; and (3) transport supplies necessary to maintain those employees and the property of the United States Government actually used on the railroad during the valuation. (c) The transportation required to be provided under subsection (b) of this section is considered a special service for which the Commission may prescribe the compensation to be paid. A rail carrier shall give the Commission an accurate accounting of the transportation provided under this section when required by the Commission. (d) The Commission shall keep records compiled under this subchapter open for public inspection. However, the Commission may order those records closed to the public but must state its reasons for closing them. § 10784. Revision of property valuations (a) When the Interstate Commerce Commission completes an initial valuation of property under this subchapter, it shall thereafter correct, revise, and supplement that valuation, including previous inventories and classifications, by keeping itself informed of new \ construction, changes in condition, quantity, use, and classification of

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Page:United States Statutes at Large Volume 92 Part 2.djvu/121

 PUBLIC LAW 95-473—OCT. 17, 1978 property on which an initial vakiation was made and the cost of all improvements to, and changes in investment, in that property. The Commission may keep itself informed of current changes in costs and values of railroad property to carry out this section. (b) The Commission may order a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to give it reports and information needed to carry out this section. § 10785. Finality of valuation: notice, protest, and review (a) The Interstate Commerce Commission shall notify the carrier, the Attorney General, and the chief executive officer of each State in which property being valued under this subchapter is located, of the completion of a tentative valuation of that property. The Commission may also notify other parties. The notice must be sent by certified mail and must indicate the valuation established for each of that carrier's classes of property. A valuation of property under this subchapter becomes final if a protest is not filed within 30 days after notice of the tentative valuation of that property is given. When the tentative valuation becomes final under this subsection, the effective date is the date of the tentative valuation. (b) When a carrier files a protest of a tentative valuation, the Commission shall begin a proceeding to consider the protest. If the Commission decides that a tentative valuation should be changed, it may make the necessary changes. The tentative valuation, as changed, becomes final and is effective on the date of the final action of the Commission under this subsection. (c) The Commission shall publish final valuations and classifications of property established under this subchapter. A final valuation or classification that has become effective under this subchapter is prima facie evidence of the value of the property in a proceeding under this subtitle and in a judicial proceeding to enforce, enjoin, set aside, annul, or suspend an action of the Commission. (d) When evidence is introduced at the trial of an action involving a final valuation of property established by the Commission and found by the court to be different from the evidence offered to the Commission during a proceeding under subsection (b) of this section or in addition to that evidence and substantially affecting the valuation, the court shall send a copy of that evidence to the Commission and stay further proceedings in the action. The court may determine the duration of the stay of proceedings. The Commission shall consider the evidence and may change the final valuation established under this subchapter. The Commission shall complete its action and report to the court in the time determined by the court. If the Commission changes the valuation, the court must substitute the valuation as changed for the original valuation and give its judgment on the substituted valuation. If the Commission does not change the original valuation, the court must give judgment on the original valuation. § 10786. Applicability In addition to common carriers providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, this subchapter applies to receivers and operating trustees of those carriers.

92 STAT. 1401

Reports, Ante, p. 1359. 49 USC 10785.

Proceeding,

Publication,

New evidence,

,,,.

49 USC 10786.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/122

 92 STAT. 1402

PUBLIC LAW 95-473—OCT. 17, 1978 CHAPTER 109—LICENSING SUBCHAPTER I—RAILROADS AND F E R R I E S Sec.

10901. Authorizing construction and operation of railroad lines. 10902. Authiorizing action to provide adequate, efficient, and safe facilities. 10903. Authorizing abandonment and discontinuance of railroad lines and rail transportation. 10904. Filing and procedure for applications to abandon or discontinue. 10905. Offers of financial assistance to avoid abandonment and discontinuance. 10906. Offering abandoned rail properties for sale for public purposes. 10907. Exceptions. 10908. Discontinuing or changing interstate train or ferry transportation subject to State law. 10909. Discontinuing or changing train or ferry transportation in one State.

SUBCHAPTER II—OTHER CARRIERS AND MOTOR CARRIER BROKERS

,

5,.

10921. 10922. 10923. 10924. 10925. 10926. 10927. 10928. 10929. 10930. 10931. 10932. 10933.

Requirement for certificate, permit, or license. Certificates of motor and water common carriers. Permits of motor and water contract carriers and freight forwarders. Licenses of motor carrier brokers. Effective periods of certificates, permits, and licenses. Transfers of certificates and permits. Security of motor carriers, brokers, and freight forwarders. .. Temporary authority for motor and water carriers. Temporary authority for previously exempt water transportation. Limitations on certificates and permits. Motor common carriers providing transportation entirely in one State. Motor carrier savings provisions. Authorizing abandonment of freight forwarder service.

SUBCHAPTER I—RAILROADS AND F E R R I E S 49 USC 10901. • Ante, p. 1359

Application, filing-

Publication in newspaper. Publication in Federal Register.

§ 10901. Authorizing construction and operation of railroad lines (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— (1) construct an extension to any of its railroad lines; (2) construct an additional railroad line; (3) acquire or operate an extended or additional railroad line; or (4) provide transportation over, or by means of, an extended or additional railroad line; only if the Commission finds that the present or future public convenience and necessity require or will be enhanced by the construction or acquisition (or both) and operation of the railroad line. (b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Commission shall— (1) send a copy of the application to the chief executive officer of each State that would be directly affected by the construction or operation of the railroad line; (2) send an accurate and understandable summary of the application to a newspaper of general circulation in each area that would be affected by the construction or operation of the railroad line; (3) have a copy of the summary published in the Federal Register;

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 PUBLIC LAW 95-473—OCT. 17, 1978 (4) take other reasonable and effective steps to publicize the • application; and (5) indicate in each transmission and publication that each interested person is entitled to recommend to the Commission i' that it approve, deny, or take other action concerning the application, (c)(1) If the Commission— (A) finds public convenience and necessity, it may— (i) approve the application as filed; or (ii) approve the application with modifications and require compliance with conditions the Commission finds necessary in the public interest; or (B) fails to find public convenience and necessity, it may deny the application. (2) On approval, the Commission shall issue to the rail carrier a certificate describing the construction or acquisition (or both) and operation approved by the Commission. § 10902. Authorizing action to provide adequate, efficient, and safe facilities The Interstate Commerce Commission may authorize a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to take action necessary to provide adequate, efficient, and safe facilities to enable the rail carrier to perform its obligations under this subtitle, including extension of any of the carrier's railroad lines after issuance of a certificate under section 10901 of this title. The Commission may authorize a rail carrier to act under this section only if it finds that the expense involved will not impair the ability of the carrier to perform its obligations to the public. The Commission may conduct a proceeding on its own initiative or on application of an interested party. § 10903. Authorizing abandonment and discontinuance of railroad lines and rail transportation (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— (1) abandon any part of its railroad lines; or (2) discontinue the operation of all rail transportation over any part of its railroad lines; only if the Commission finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Commission shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development. (b)(1) A proceeding to grant authority under subsection (a) of this section begins on application filed with the Commission. Subject to sections 10904-10906 of this title, if the Commission— (A) finds public convenience and necessity, it shall— . (i) approve the application as filed; or ,; (ii) approve the application with modifications and require compliance with conditions that the Commission finds are required by public convenience and necessity; or (B) fails to find public convenience and necessity, it shall deny the application.

92 STAT. 1403

Certificate issuance.

49 USC 10902.

Ante, p. 1359.

Proceeding, 49 USC 10903.

Adverse impact, Proceeding,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/124

 92 STAT. 1404 Certificate.

Post, p. 1439

49 USC 10904.

f 1

PUBLIC LAW 95-473—OCT. 17, 1978 (2) On approval, the Commission shall issue to the rail carrier a certificate describing the abandonment or discontinuance approved by the Commission. Each certificate shall also contain provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under section 11347 of this title and section 565(b) Of title 45. (c) Except as provided in sections 10905 and 10906 of this title— (1) if a certificate is issued without an investigation under section 10904(c) of this title, the abandonment or discontinuance may take effect under the certificate on the 30th day after the issuance of the certificate; or (2) if a certificate is issued after an investigation under section 10904(c) of this title, the abandonment or discontinuance may take effect under the certificate on the 120th day after the issuance of the certificate. § 10904. Filing and procedure for applications to abandon or discontinue (a)(1) An application for a certificate of abandonment or discontinuance under section 10903 of this title, and a notice of intent to abandon or discontinue, must be filed with the Interstate Commerce Commission at least 60 days before the day on which the abandonment or discontinuance is to become effective. (2) When a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title files an application and notice of intent, the notice shall include— (A) an accurate and understandable summary of the rail carrier's application and the reasons for the proposed abandonment or discontinuance; and ' (B) a- statement indicating that each interested person is entitled to recommend to the Commission that it approve, deny, or take other action concerning the application. (3) The rail carrier shall— (A) send by certified mail a copy of the notice of intent to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance; (B) pos;t a copy of the notice in each terminal and station on each portion of a railroad line proposed to be abandoned or over which all transportation is to be discontinued; (C) publish a copy of the notice for 3 consecutive weeks in a newspaper of general circulation in each county in which each such portion is located; (D) mail a copy of the notice, to the extent practicable, to all shippers that have made significant use (as designated by the Commission) of the railroad line during the 12 months preceding the filing of the application; and ' (E) attach to the notice filed with the Commission an affidavit certifying the manner in which clauses (A) - (D) of this paragraph have been satisfied. (b) The burden is on the person applying for the certificate to prove that the present or future public convenience and necessity require or permit the abandonment or discontinuance* (c)(1) During the period between the date the application is filed through the day immediately before the date proposed in the application that the abandonment or discontinuance become effective, the dommission shall, on petition, and may, on its own initiative, begin

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Page:United States Statutes at Large Volume 92 Part 2.djvu/125

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1405

an investigation to assist it in determining what disposition to make of the application. The order to conduct the investigation must be served on any affected rail carrier not later than the 5th day before the proposed effective date of the abandonment or discontinuance. An investigation may include public hearings at any location reasonably adjacent to the railroad line involved in the abandonment or discontinuance. The hearing may be held on the request of an interested party or on the initiative of the Commission. (2) If an investigation is not conducted, the Commission shall act under section 10903(b) of this title by the last day of the period referred to in paragraph (1) of this subsection. If an investigation is to be conducted, the Commission shall postpone the proposed effective date of any part of the abandonment or discontinuance. The postponement shall be for a reasonable period of time necessary to complete the investigation. (d)(1) In this subsection, "potentially subject to abandonment" "Potentially has the meaning given the term in regulations of the Commission. The subject to regulations may include standards that vary by region of the United abandonment.' States and by railroad or group of railroads. (2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the carrier. The carrier shall submit to the Commission and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall— (A) include a detailed description of each of its railroad lines potentially subject to abandonment; and (B) identify each railroad line for which the carrier plans to file an application for a certificate under subsection (a) of this section. (3) If an application for a certificate is opposed by— (A) a shipper or other person that has made significant use (as determined by the Commission) of the railroad fine involved in the proposed abandonment or discontinuance during the 12month period before the filing of the application for a certificate; or (B) a State or political subdivision of a State in which any part of the railroad line is located; the Commission may issue a certificate under section 10903 of this title only if the railroad line has been described and identified in the diagram or amendment to the diagram of the rail carrier that was submitted to the Commission at least 4 months before the date on which the application was filed. § 10905. 0£fers of financial assistance to avoid abandonment and 49 USC 10905. discontinuance (a) In this section— (1) "avoidable cost" means all expenses that would be incurred "Avoidable by a rail carrier in providing transportation that would not be cost." incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and cash outflows incurred include— (A) working capital and required capital expenditure; (B) expenditures to eliminate deferred maintenance;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/126

 92 STAT. 1406

PUBLIC LAW 95-473—OCT. 17, 1978

(C) the current cost of freight cars, locomotives, and •. other equipment; and (D) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes. "Reasonable (2) "reasonable return" means— return." (A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Interstate Commerce Commission; and (B) if a rail carrier is in reorganization, the mean cost of capital of rail carriers not in reorganization, as determined by the Commission. Publication in (b) When the Commission finds under section 10903 of this title Federal Register. that the present or future public convenience and necessity require or permit abandonment or discontinuance, it shall publish the finding in the Federal Register. If, within 30 days after the publication, the Commission finds that— (1) a financially responsible person (including a governmental authority) has offered financial assistance to enable the rail transportation to be continued over that part of the railroad line to be abandoned or over which all rail transportation is to be discontinued: and (2) it is likely that the assistance would be equal to— (A) the difference between the revenues attributable to • •;: that part of the railroad line and the avoidable cost of providing rail freight transportation on the line, plus a reasonable return on the value of the line; or (B) the acquisition cost of that part of the railroad line; the Commission shall postpone the issuance of a certificate authorizing abandonment or discontinuance for a reasonable time, not to exceed 6 months, to enable the person or governmental authority to enter into an agreement with the rail carrier to provide the assistance or to buy that part of the railroad line and to continue to provide rail transportation over the line. Thereafter, the Commission shall determine the extent to which the avoidable cost of providing rail transportation plus a reasonable return on the rail properties involved exceed the revenues attributable to the railroad line or the rail transportation proposed to be abandoned or discontinued. On notice to the Commission that such an agreement has been executed, the Commission shall further postpone the issuance of the certificate as long as the agreement, or an extension or modification of the agreement, is in effect. (c) The rail carrier shall provide promptly to a party considering offering financial assistance under subsection (b) of this section— (1) its most recent reports on the physical condition of that part of the railroad line involved in the proposed abandonment or discontinuance; and (2) traffic, revenue, and other data necessary to determine the amount of financial assistance that would be required to continue rail transportation over that part of the railroad line. §10906. Offering abandoned rail properties for sale for public 49 USC 10906. purposes When the Interstate Commerce Commission finds under section 10903 of this title that the present or future public convenience and necessity require or permit abandonment or discontinuance, the Commission shall find further whether the rail properties that are in-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/127

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1407

volved in the proposed abandonment or discontinuance are suitable for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Commission finds that the rail properties proposed to be abandoned are suitable for public purposes^ the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Commission. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes. §10907. Exceptions 49 USC 10907. (a) Notwithstanding sections 10901 and 10902 and subchapter III of chapter 113 of this title, and without the approval of the Interstate Commerce Comonission, a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title may enter into arrangements for the joint Ante, p. 1359. ownership or joint use of spur, industrial, team, switching, or side tracks. (b) The Commission does not have authority under sections 1090110906 of this title over— (1) the construction, acquisition, operation, abandonment, or ' discontinuance of spur, industrial, team, switching, or side tracks if the tracks are located, or intended to be located, entirely in one State; or (2) a street, suburban, or interurban electric railway that is not operated as part of a general system of rail transportation. § 10908. Discontinuing or changing interstate train or ferry trans- 49 USC 10908. porfation subject to State law (a) When a discontinuance or change in any part of the transportation of a train or ferry operating between a place in a State and a place in another State— (1) is proposed by a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title; and (2) is subject to the law" of a State, or to a regulation or order of, or proceeding pending before, a court or other authority of a State; the carrier, notwithstanding that law, regulation, order, or proceeding, may discontinue or change the transportation— (A) if it files a notice of the proposed discontinuance or change ., with the Commission at least 30 days before the discontinuance or change is intended to be effective and carries out the discontinuance or change under that notice; (B) if it mails a copy of the notice to the chief executive officer of each State in which the train or feriy is operated and posts a copy of the notice at each station, depot, or other facility served by the train or ferry; and (C) except as otherwise provided by the Commission under this section. (b) On petition or on its own initiative, the Commission may conduct a proceeding on the proposed discontinuance or change if it begins the proceeding between the date the carrier files the notice under subsection (a) of this section and the date on which the discontinuance or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/128

 92 STAT. 1408

PUBLIC LAW 95-473—OCT. 17, 1978

change is intended to be effective. After the proceeding begins, the Commission may order the carrier proposing the discontinuance or change to continue any part of the transportation pending completion of the proceeding and the decision of the Commission if the Commission serves a copy of its order on the carrier at least 10 days before the date on which the carrier intended the discontinuance or change to be effective. However, the Commission may not order the transportation continued for more than 4 months after the date on which the carrier intended the discontinuance or change to be effective. (c) If, after a proceeding completed either before or after the proposed discontinuance or change has become effective, the Commission finds that any part of the transportation is required or permitted by present or future public convenience and necessity and will not unreasonably burden interstate or foreign commerce, the Commission may order the carrier to continue or restore that transportation for not to exceed one year from the date of the Commission order. On expiration of the Commission order, the jurisdiction of each State involved in the discontinuance or change is no longer superseded except to the extent this section is again invoked. 49 USC 10909. § 10909. Discontinuing or changing train or ferry transportation in one State (a) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I Ante, p. 1359. of chapter 105 of this title has proposed a discontinuance or change of any part of the transportation of a train or ferry operated by it entirely in one State and— (1) the law of the State prohibits the discontinuance or change; ^.,:, (2) the carrier has requested the State authority having jurisdiction over the discontinuance or change for permission to discontinue or change the transportation and the request has been denied; or (3) the State authority has not acted finally by the 120th day after the carrier made the request; \ the carrier may petition the Commission for permission to discontinue or change the transportation. Notification. (b) When a petition is filed under subsection (a) of this section, the Commission shall notify the chief executive officer of the State in Hearing which the train or ferry is operated concerning the petition. Before opportunity. acting on the petition, the Commission shall give interested parties a full hearing. If such a hearing is requested, the Commission shall give all interested parties at least 30 days notice of the hearing and shall hold the hearing in the State in which the train or ferry is operated. The Commission may cooperate with, and use the services, records, and facilities of, the State in carrying out this section. (c) The Commission may grant permission to the carrier to discontinue or change any part of the transportation if the Commission finds that— (1) the present or future public convenience and necessity require or permit the discontinuance or change to be authorized by the Commission; and (2) continuing the transportation, without the proposed discontinuance or change, will constitute an unreasonable burden on the interstate operations of the carrier or on interstate commerce.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/129

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1409

SUBCHAPTER II—OTHER CARRIERS AND MOTOR CARRIER BROKERS § 10921. Requirement for certificate, permit, or license Except as provided in this subchapter or another law, a person may provide transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter II, III, or IV of chapter 105 of this title or be a broker for transportation subject to the jurisdiction of the Commission under subchapter II of that chapter, only if the person holds the appropriate certificate, permit, or license issued under this subchapter authorizing the transportation or service. § 10922. Certificates of motor and water common carriers (a) Except as provided in this section and section 10930(a) of this title, the Interstate Commerce Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II or III of chapter 105 of this title as a motor common carrier or water common carrier, respectively, if the Commission finds that— (1) the person is fit, willing, and able— (A) to provide the transportation to be authorized by the certificate; and (B) to comply with this subtitle and regulations of the Commission; and (2) the transportation to be provided under the certificate is or will be required by the present or future public convenience and necessity. (b) A person must file an application with the Commission for a certificate to provide transportation as a motor common carrier or water common carrier. The Commission may approve any part of the application or deny the application. The application must— (1) be under oath; (2) contain information required by Commission regulations; and (3) be served on persons designated by the Commission. (c)(1) Subject to section 10927(a) of this title, each certificate issued to a person to provide transportation as a motor common carrier shall specify— (A) the transportation to be provided by the carrier; (B) any of the regular routes over which, any of the places between which, and off-route places at which, the carrier may provide transportation; and (C) if transportation is not" over regular routes or between specified places, the area in which the carrier may provide transportation. (2) Under regulations of the Commission, a motor common carrier may occasionally deviate from the regular routes, or the places specified in the certificate, or both. (3) If a motor common carrier transports passengers, the Commission may authorize transportation of the passengers only over a regular route and between specified places, except to the extent the carrier is authorized to provide special or charter transportation.

39-194 O—80—pt. 2

9: QL3

49 USC 10921.

Ante, pp. 1361, 1365, 1369.

49 USC 10922.

Applications,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/130

 92 STAT. 1410

49 USC 10923.

Ante, pp. 1361, 1365. Ante, p. 1369.

Ante, p. 1337. Applications.

PUBLIC LAW 95-473—OCT. 17, 1978 (4) A certificate of a motor common carrier to transport passengers may include authority to transport— (A) newspapers, baggage of passengers, express, or mail in the same motor vehicle with the passengers; and (B) baggage of passengers in a separate motor vehicle. (d) Each certificate issued to a person to provide transportation as a water common carrier shall specify each route over which, and each port between which, the carrier may provide transportation. (e)(1) A motor common carrier may provide transportation under a certificate only if the carrier complies with conditions the Commission finds are required by public convenience and necessity, including conditions— (A) on extending routes of the carrier; and (B) to carry out requirements established by the Commission under this subtitle. (2) The Commission may prescribe necessary conditions under which a water common carrier provides transportation, including conditions on extending routes of the carrier. (3) The Commission may prescribe conditions when the certificate is issued and at any time thereafter. The Commission may not prescribe a condition preventing— (A) a motor common carrier or water common carrier from adding to its equipment and facilities or its transportation within the scope of the certificate to satisfy business development and public demand; or (B) a water common carrier, if the carrier has authority to provide transportation OA er completed parts of a waterway project authorized under law, from extending its transportation over the uncompleted parts of the project when opened tor navigation to satisfy business development and public demand. (f) A certificate issued under this section does not confer a proprietary or exclusive right to use the public highways or public waterways. § 10923. Permits of motor and water contract carriers and freight forwarders (a) Except as provided in this section and section 10930 of this title, the Interstate Commerce Commission shall issue a permit to a person authorizing the person to provide transportation subject to the jurisdiction of the Commission under subchapter II or III of chapter 105 of this title as a motor contract carrier or water contract carrier, respectively, or to provide service subject to that jurisdiction under subchapter IV of chapter 105 as a freight forwarder, if the Commission finds that— (1) the person is fit, willing, and able— (A) to provide the transportation or service to be authorized by the permit; and (B) to comply with this subtitle and regulations of the Commission; and (2) the transportation or service to be provided under the permit is or will be consistent with the public interest and the transportation policy of section 10101 of this title. (b)(1) A person must file an application with the Commission for a permit to provide transportation as a contract carrier or to provide service as a freight forwarder. The Commission may approve any part of the application or deny the application. The application must— (A) be under oath;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/131

 PUBLIC LAW 95-473—OCT. 17, 1978 r

92 STAT. 1411

(B) contain information required by Commission regulations; and (C) be served on persons designated by the Commission. _{,,1^^ (2) In deciding whether to approve the application of a person for a permit as a motor contract carrier, the Commission shall consider— (A) the number of shippers to be served by the carrier; (B) the nature of the transportation proposed to be provided; (C) the effect that granting the permit would have on the transportation of carriers protesting the granting of the permit; and (D) the effect that denying the permit would have on the person applying for the permit, its shippers, or both, and the changing character of the requirements of those shippers. (3) The Commission may not deny any part of an application for a freight forwarder permit filed by a corporation controlled by, or under common control with— ^ ^ ^i^^ (A) a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title, because of the relationship between the Ante, pp. 1359, corporation and that carrier; and 1361, 1365. (B) a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 only because the service to be provided by the corporation will compete with service provided by another freight forwarder subject to subchapter IV of that chapter. Ante, p. 1369. (c) Each permit issued to a person— (1) to provide transportation as a motor contract carrier is subject to section 10927(a) of this title and shall specify the transportation to be provided by the carrier; (2) to provide transportation as a water contract carrier shall specify the transportation to be provided by the carrier; and (3) to provide service as a freight forwarder shall specify the nature or general description about which the service is to be \ provided, the area in which, and the areas between which, the service may be provided by the freight forwarder. (d)(1) The Commission may prescribe necessary conditions under which a contract carrier or freight forwarder provides transportation or service. The Commission may prescribe the conditions when the permit is issued and at any time thereafter. (2) The permit for a motor contract carrier shall specify necessary conditions, including each person or number or class of persons for which the carrier may provide transportation— (A) to ensure that the carrier provides transportation as a motor contract carrier and within the scope of the permit; and (B) to carry out requirements established by the Commission under this subtitle. (3) Subject to the permit and its conditions, a motor contract carrier may substitute or add to its equipment and facilities as requests for its transportation develop. The Commission may not prescribe a, ^ condition preventing— (A) a water contract carrier from substituting or adding contracts within the scope of the permit to satisfy the requirements of business development and public demand; and (B) a water contract carrier or freight forwarder from adding ^.. to its equipment and facilities, and transportation or service, as

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Page:United States Statutes at Large Volume 92 Part 2.djvu/132

 92 STAT. 1412

49 USC 10924.

Ante, p. 1361.

Ante, p. 1337.

49 USC 10925.

Ante, p. 1371.

Post, p. 1449.

PUBLIC LAW 95-473—OCT. 17, 1978 the case may be, within the scope of the permit to satisfy the requirements of business development and public demand. § 10924. Licenses of motor carrier brokers (a) The Interstate Commerce Commission shall issue, subject to section 10927(b) of this title, a license to a person authorizing the person to be a broker for transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, if the Commission finds that— (1) the person is fit, willing, and able— (A) to be a broker for transportation to be authorized by the license; and (B) to comply with this subtitle and regulations of the Commission; and (2) the transportation for which the person is to be a broker will be consistent with the public interest and the transportation policy of section 10101 of this title. (b)(1) The broker may provide the transportation itself only if the broker also has been issued a certificate or permit to provide the transportation under this subchapter. A broker may use only the transportation of a motor carrier holding a certificate or permit issued under this subchapter. (2) This subsection does not apply to a motor carrier having a certificate or permit issued under this subchapter or to an employee or agent of the motor carrier to the extent the transportation is to be provided entirely by the motor carrier, with other motor carriers holding certificates or permits, or with rail, express, or water common carriers. (c) A person must file an application with the Commission for a license to be a broker for motor carrier transportation. The Comiiiission may approve the application or any part of it, or deny the application. (d) Commission regulations shall provide for the protection of travelers and shippers by motor vehicle, to be observed by brokers. § 10925. Effective periods of certificates, permits, and licenses (a) Each certificate, permit, and license issued under section 10922, 10923, or 10924 of this title is effective from the date specified in it and remains in effect except as otherwise provided in this section. (b) On application of the holder of a certificate, permit, or license, the Interstate Commerce Commission may amend or revoke any part of the certificate, permit, or license. On complaint or on its own mitiative and after notice and an opportunity for a proceeding, the Commission may suspend, amend, or revoke any part of a certificate, permit, or license— (1) if a motor carrier, broker, or freight forwarder, for willful failure to comply with this subtitle, a regulation or order of the Commission, or a condition of its certificate, permit, or license; and (2) if a water carrier, for willful failure to comply with section 10701(a) or 11101 (a) of this title, a regulation or order of the Commission, or a condition of its certificate or permit. (c)(1) Except on application of the holder, the Commission may revoke a certificate or permit of a motor carrier or freight forwarder, or a license of a broker, only after the Commission has issued an order to the holder under section 11701 of this title requiring compliance with this subtitle, a regulation of the Commission, or a condition of the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/133

 PUBLIC LAW 95-473—OCT. 17, 1978 certificate, permit, or license of the holder, and the holder willfully does not comply with the order. (2) Except on application of the holder, the Commission may suspend, amend, or revoke a certificate or permit of a water carrier only after the Commission has issued an order to the holder under section 11701 of this title requiring compliance with section 10701(a) or 11101(a) of this title, and the holder willfully does not comply with the order. (3) The Commission may act under paragraph (1) or (2) of this subsection only after giving the holder of the certificate, permit, or license at least 30 days to comply with the order. (d)(1) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission may suspend a certificate of a motor carrier, a permit of a freight forwarder, or a license of a broker— (A) if a motor carrier or broker, for failure to comply with section 10701, 10702, 10761, 10762, 10924(d), or 10927 (b) or (d) of this title, or an order or regulation of the Commission prescribed under those sections; and (B) if a freight forwarder, for failure to comply with section 10762 or 10927 (c) or (d) of this title, or an order or regulation of the Commission prescribed under those sections. (2) The Commission may suspend the certificate, permit, or license only after it gives notice of the suspension to the holder at least 15 days before the date the suspension is to begin. The suspension remains in effect until the holder complies with those applicable sections. § 10926. Transfers of certificates and permits Except as provided in this subtitle, a certificate or permit issued under section 10922 or 10923 of this title— (1) if a certificate or permit of a motor carrier, may be transferred under regulations of the Interstate Commerce Commission; (2) if a certificate or permit of a water carrier, may be transferred under regulations prescribed by the Commission to protect the public interest and to ensure compliance with this subtitle; and (3) if a permit of a freight forwarder, may be transferred under regulations prescribed by the Commission to ensure compliance with this subtitle, if the Commission finds that the person to whom the permit is to be transferred satisfies section 10923(a) and (b) of this title. However, if the proposed transfer would affect the interests of employees of a freight forwarder, the Commission shall require a fair and equitable arrangement to protect the interests of those employees before the transfer is effective. § 10927. Security of motor carriers, brokers, and freight forwarders (a)(1) The Interstate Commerce Commission may issue a certificate or permit to a motor carrier under section 10922 or 10923 of this title only if the carrier files with the Commission a bond, insurance policy, or other type of security approved by the Commission. The security nmst be sufficient to pay, not more than the amount of the security, for each final judgment against the carrier for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate or permit, or for loss or damage to property (except property referred to in

92 STAT. 1413

Post, p. 1449. Ante, p. 1371.

Ante, p. 1345. 5 USC 551.

Ante, pp. 1371, 1^12, 1394.

49 USC 10926.

49 USC 10927. i x- pS'j «

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Page:United States Statutes at Large Volume 92 Part 2.djvu/134

 92 STAT. 1414

PUBLIC LAW 95-473—OCT. 17, 1978

paragraph (3) of this subsection), or both. A certificate or permit remains in effect only as long as the carrier satisfies the requirements of this paragraph. (2) A motor carrier operating in the United States when providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country Ante, pp. 1351, shall comply with the requirements of sections 10329 and 10330 that 1352. apply to a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. To protect the public, the Commission may require any such motor carrier to file the type of security that a motor carrier is re•* • • > quired to file under paragraph (1) of this subsection. v^ .:' (3) The Commission may require a motor common carrier providing transportation under a certificate to file with the Commission a type of security sufficient to pay a shipper or consignee for damage to property of the shipper or consignee placed in the possession of the motor common carrier as the result of transportation provided '«''6! under this subtitle. A carrier required by law to pay a shipper or con* signee for loss, damage, or default for which a connecting motor common carrier is responsible is subrogated, to the extent of the amount paid, to the rights of the shipper or consignee under any such security. (b) The Commission may issue a broker's license to a person under section 10924 of this title only if the person files with the Commission a bond, insurance policy, or other type of security approved by the Commission to ensure that the transportation for which a broker arranges is provided. The license remains in eff'ect only as long as the >,s.ii,.g.. broker complies with this subsection. (c)(1) The Commission may require a freight forwarder providing service under a permit issued under section 10923 of this title to file with the Commission a bond, insurance policy, or other type of security approved by the Commission. The security must be sufficient to pay, not more than the amount of the security, for each final judgment against the freight forwarder for bodily injury to, or death of, an individual, or loss of, or damage to, property (other than property referred to in paragraph (2) of this subsection), resulting from the negligent operation, maintenance, or use of motor vehicles by or under the direction and control of the freight forwarder when providing transfer, collection, or delivery service under this subtitle. (2) The Commission may require a freight forwarder providing service under a permit to file with the Commission a bond, insurance policy, or other type of security approved by the Commission sufficient to pay, not more than the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service under this subtitle. (d) The Commission may determine the type and amount of security filed with it under this section. 49 USC 10928. § 10928. Temporary authority for motor and water carriers Without regard to subchapter II of chapter 103 of this title and 5 USC 551. subchapter II of chapter 5 of title 5, the Interstate Commerce Commission may grant a motor carrier or water- carrier temporary authority to provide transportation to a place or in an area having, respectively, no motor carrier or water carrier capable of meeting the immediate needs of the place or area. Unless suspended or revoked, the Commission may grant the temporary authority foi- not more than 180 days. A grant of temporary authority does not establish a pre-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/135

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1415

sumption that permanent authority to provide transportation will be granted under this subchapter. § 10929. Temporary authority for previously exempt water transportation When transportation exempt from the jurisdiction of the Interstate Commerce Commission under section 10544(a)-(c) of this title becomes subject to the jurisdiction of the Commission, the water carrier may continue to provide the transportation without a certificate or permit issued under this subchapter for a period of 120 days beginning on the day the transportation becomes subject to the jurisdiction of the Commission. If the carrier applies to the Commission within that period for a certificate or permit to provide the transportation previously exempt, the Commission shall issue to the carrier the appropriate certificate or permit authorizing the transportation. The Commission shall issue each such certificate and permit without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5. § 10930. Limitations on certificates and permits (a) Except when the Interstate Commerce Commission finds good cause consistent with the public interest and the transportation policy of section 10101 of this title— (1) a person may not hold both a certificate of a motor common carrier and a permit of a motor contract carrier issued under this subchapter, or both a certificate of a water common carrier and a permit of a water contract carrier issued under this subchapter, to transport property over the same route or in the same area; and (2) if a person controls, is controlled by, or is under common control with, another person— (A) one of them may not hold a certificate of a motor common carrier, while the other holds a permit of a motor contract carrier, to transport property over the same route or in the same area; and (B) one of them may not hold a certificate of a water common carrier, while the other holds a permit of a water contract carrier, to transport property over the same route or in the same area. (b)(1) A person may not hold a permit of a freight forwarder issued under this subchapter if the person is a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title. (2) Except for motor vehicle transportation subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title by section 10523(a)(2) of this title, a permit may not authorize a freight forwarder to conduct direct rail, water, or motor carrier transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter. (3) Except when the Commission finds that service to be provided as a freight forwarder is consistent with the public interest and the transportation policy of section 10101 of this title, a person may not hold a permit of a freight forwarder when— (A) the principal business of the person is manufacturing and selling, or buying and selling, or both manufacturing and selling and buying and selling articles or commodities, and the service

49 USC 10929. Ante, p. 1368.

Ante, p. 1345. 5 USC 551. 49 USC 10930. Ante, p. 1337.

^.'<h:n

Ante, pp. 1359, 1361, 1365. Ante, p. 1369. Ante, p. 1362.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/136

 92 STAT. 1416

PUBLIC LAW 95-473--OCT. 17, 1978

of a freight forwarder (or similar assembling, consolidating, and shipping service is provided by the person for its own business) i^g^vf. j5,.,r„ is commonly used to transport the articles or commodities; or (B) the person controls, is controlled by, or is under common control with, a person referred to in clause (A) of this paragraph. 49 USC 10931. § 10931. Motor common carriers providing transportation entirely in one State (a) A motor common carrier may provide transportation subject to the jurisdiction of the Interstate Commerce Commission under Ante, p. 1361. subchapter II of chapter 105 of this title without a certificate issued by the Commission under section 10922 of this title, when— (1) the carrier provides transportation entirely in one State; (2) the carrier is not controlled by, controlling, or under common control with a carrier providing transportation outside the State; ^J ^ (3) the carrier has applied for, and has been issued, a certificate of public convenience and necessity by the State authority having jurisdiction to issue such a certificate, permitting the carrier to provide intrastate transportation by motor vehicle; and (4) the intrastate certificate was issued after, and the certificate states that— Publication in (A) notice was given to interested parties through publicaFederal Register. tion in the Federal Kegister of the filing of the application by the carrier and the desire of the carrier to provide transportation otherwise under the jurisdiction of the Commission within the limits of the certificate issued by the State authority; (B) reasonable opportunity to be heard was given; and '*' (C) the State authority considered and found that the public convenience and necessity require that the carrier be permitted to provide transportation under the jurisdiction of the Commission within limits that do not exceed the scope of the certificate issued by the State authority. Petitions. (b) An interested party that opposed issuing the certificate to a motor common carrier in a proceeding before a State authority may petition the Commission for reconsideration of a decision of the State authority. On reconsideration, the Commission, based on the record before the State authority, may affirm, reverse, or change that decision, but only with respect to the transportation subject to Commission jurisdiction. (c) The Commission may require, before a motor common carrier provides transportation authorized under this section, that— (1) a certified copy of the carrier's intrastate certificate and other appropriate information be filed with the Commission: and (2) the carrier comply with applicable requirements established by the Commission. Certificates of (d)(1) The Commission shall issue a certificate of registration to a registration. motor common carrier authori7;ing the carrier to provide transportation under this section. The authority granted under the certificate is subject to all other applicable provisions of this subtitle. Except as otherwise provided in this subsection and subchapter TIT of chapter 113 of this title, the certificate of registration may be transferred if it is transferred with the intrastate certificate. Transfer of the intrastate certificate without the certificate of registration revokes the certificate of registration.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/137

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1417

(2) The certificate of registration issued by the Commission is valid as long as the motor common carrier provides transportation entirely in the State from which it received its intrastate certificate and is not controlled by, controlling, or under common control with, a carrier providing transportation outside the State. (e)(1) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under this section to provide transportation is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day. (2) Transportation authorized under this section may be suspended or revoked by the Commission under section 10925 of this title. § 10932. Motor carrier savings provisions 49 USC 10932. (a) Except as specifically provided in a certificate or permit, the holder of a motor carrier certificate or permit issued as the result of an application filed before September 2, 1950, authorizing the carrier to provide transportation in the United States or between the United . •>. States and a foreign country (to the extent the transportation is in the United States), may provide the transportation between a place in the United States and a place in a territory or possession of the United States— (1) without being authorized to do so by the Interstate Commerce Commission; and ,:.. (2) to the same extent and subject to the same conditions of the certificate or permit of the carrier. -f =;..,, (b)(1) A motor common carrier providing transportation under an intrastate certificate issued by a State and under a certificate of registration issued by the Commission under section 206(a)(7) of the Interstate Commerce Act (76 Stat. 912) that has been in effect since Post, p. 1466. October 15, 1962, may continue to provide transportation otherwise subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title— Ante, ip. 1361. (A) if the certificate of the State authorizing intrastate transportation is limited to a specified period of time, only for that period; (B) subject to all other applicable provisions of this subtitle^ (C) as long as the carrier provides transportation only in the State issuing the intrastate certificate; and (D) as long as the carrier is not controlled by, controlling, or under conmion control with, a carrier providing transportation outside the State. (2) Except as provided in subchapter III of chapter 113 of this title, the certificate of registration issued by the Commission may be transferred if it is transferred with the intrastate certificate. Transfer of the intrastate certificate without the certificate of registration revokes the certificate of registration. (3) On the 180th day after the termination, restriction in scope, or suspension of the intrastate certificate, the authority granted under the certificate of registration is revoked or likewise restricted unless the intrastate certificate is renewed or reissued or the restriction is removed by that 180th day. The certificate of registration may be suspended or revoked by the Commission under section 10925 of this title. (c) Under regulations of the Commission, a motor common carrier transporting passengers under a certificate issued by the Commission

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Page:United States Statutes at Large Volume 92 Part 2.djvu/138

 92 STAT. 1418

PUBLIC LAW 95-473—OCT. 17, 1978

as the result of an application filed before January 2, 1967, or under a reissuance of the operating authority provided in the certificate, may provide transportation to any place suoject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for special and chartered parties. (d) The Commission may not prescribe a condition for a motor contract carrier permit issued before August 23, 1957, that restricts the authority of the carrier— (1) to substitute similar contracts within the scope of the permit; or (2) to add contracts within the scope of the permit, unless the Commission, on its own initiative or on petition of an interested carrier, finds that the scope of the transportation to be provided by the motor contract carrier under any such additional contract is not confined to transportation provided by a motor contract carrier as defined after August 21, 1957. 49 USC 10933. § 10933. Authorizing abandonment of freight forwarder service When a freight forwarder is controlled by, or under common control with, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapAnte, pp. 1359, ter I, II, or III of chapter 105 of this title, the freight forwarder 1361, 1365. jnay abandon any part of the service it provides subject to the jurisAnte, p. 1369. diction of the Commission under subchapter IV of chapter 105, only if the Commission finds the abandonment is consistent with the pubAnte, p. 1337. lie interest and the transportation policy of section 10101 of this title. On making the finding, the Commission shall issue to the freight forwarder a certificate describing the abandonment authorized by the Commission.

CHAPTER 111—OPERATIONS OF CARRIERS SUBCHAPTER I—GENERAL REQUIREMENTS Sec. 11101. 11102. 11103. 11104. 11105. 11106. 11107. 11108.

Providing transportation and service. Classification of carriers. Use of terminal facilities. Switcli connections and tracks. Protective services. Identification of motor vehicles. Leased motor velilcles. Water carriers subject to unreasonable discrimination in foreign transportation.

SUBCHAPTER II—CAR SERVICE

'

11121. 11122. 11123. 11124. 11125. 11126. 11127. 11128.

Criteria. Compensation and practice. Situations requiring immediate action. Rerouting traffic on failure of rail carrier to serve the public. Directed rail transportation. Distribution of coal cars. Service of freight forwarders. Water emergencies; embargoes imposed by carriers.

SUBCHAPTER III—REPORTS AND RECORDS 11141. Definitions. 11142. Uniform accounting systems.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/139

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1419

Sec.

11143. Depreciation charges. 11144. Records: form; inspection; preservation. 11145. Reports by carriers, lessors, and associations.

SUBCHAPTER I—GENERAL REQUIREMENTS § 11101. Providing transportation and service (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide the transportation or service on reasonable request. In addition, a motor common carrier shall provide safe and adequate service, equipment, and facilities. (b) The Commission may prescribe requirements for continuous and adequate transportation and service provided by motor common carriers and freight forwarders subject to the jurisdiction of the Commission under subchapters II and IV of chapter 105 of this title and for transportation of baggage and express by such motor common carriers of passengers. (c) The Commission may not regulate the duration of, or the amount of compensation payable under, an arrangement between a motor carrier and another party to use, with a driver, a motor vehicle not owned by that carrier to transport property when— (1) the motor vehicle— (A) to be used is that of a farmer or a cooperative associai, tion or a federation of cooperative associations under section 10526(a)(4) or (5) of this title or a motor private carrier; (B) is used regularly in the transportation of (i) property referred to in section 10526(a)(6) of this title, or (ii) perishable products manufactured from perishable property referred to in that section; and (C) is to be used by the carrier in a single movement or in one or more of a series of movements, loaded or empty, in the general direction of the general area where the motor vehicle is based; or (2) the motor vehicle to be used has completed a movement exempt under section 10526(a)(6) of this title and is next to be used by that carrier in a loaded movement in any direction or in a movement referred to in clause (1)(C) of this subsection, or both. § 11102. Classification of carriers The Interstate Commerce Commission may classify and maintain requirements for groups of carriers included in the terms "motor common carrier", "water common carrier", "motor contract carrier", or "water contract carrier" and for brokers, when required because of the special nature of the transportation provided by them. § 11103. Use of terminal facilities (a) The Interstate Commerce Commission may require terminal facilities,^ including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, to be used by another rail carrier if the Commission finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the carriers cannot agree, the

49 USC 11101. Ante, p. 1358.

Ante, pp. 1361, 1369.

Ante, p. 1364.

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49 USC 11102.

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49 USC 11103.

Ante, p. 1359.

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