SUBCHAPTER II—SPECIAL CIRCUMSTANCES
§10721. Government traffic
(a)(1) Except as provided in this section, the full applicable commercial rate shall be paid for transportation for the United States Government by a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under this subtitle. Section 3709 of the Revised Statutes (
(2) Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies to a rail carrier if that carrier, or its predecessor in interest, received a grant of land from the United States to aid in constructing the railroad it operates but did not file a release with the Secretary of the Interior before September 18, 1941, of claims against the United States Government to, or arising out of, lands that were granted, claimed to have been granted, or claimed should have been granted to that carrier or its predecessor in interest. This paragraph does not require a rail carrier to reconvey to the United States land patented or certified to it or prevent the patent of land that the Secretary of the Interior found was sold by the carrier to an innocent purchaser for value or as preventing the patent of land listed or selected by the carrier and finally approved by the Secretary of the Interior to the extent that issuance of those patents is authorized by law.
(b)(1) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(2) Unless a carrier is advised by the United States Government that disclosure of a quotation or tender of a rate established under paragraph (1) of this subsection for transportation provided to the United States Government would endanger the national security, the carrier shall file the quoted or tendered rate, including a retroactive rate made after the transportation has been provided, concurrently, with the Commission and the department, agency, or instrumentality of the United States Government for which the quotation or tender was made or for which the proposed transportation is to be provided. A carrier may quote or tender a rate established under an agreement made and approved under
(3) Nothing in this subsection shall limit the Commission's authority to suspend and investigate proposed rates for the transportation of household goods for the United States Government on the basis that such rates constitute predatory practices in contravention of the transportation policy set forth in
(A) without suspension, the proposed rate will cause substantial injury to the complainant; and
(B) it is likely that the complainant will prevail on the merits.
(c) A different policy, rule of rate making, system of accounting, method of determining costs of transportation, value of property, or rate of return may not be applied to a water carrier owned or controlled by the United States Government than is applied to a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of
(
In subsection (a)(1), the words "Except as provided in this section" are substituted for "Notwithstanding any other provision of law, but subject to the provisions of sections 1(7) and 22 of the Interstate Commerce Act, as amended" since the relevant parts of those sections are incorporated in this revised section. The term "rates" is substituted for "rates, fares, and charges" throughout this section in view of the definition of "rate" in section 10102 of the revised title. The words "the rate determined by the Interstate Commerce Commission as reasonable therefore shall be paid" are omitted as unnecessary in view of the restatement. The words ": Provided, however, That" are omitted as surplus. The words "may enter into contracts for the transportation of" are omitted as unnecessary. The words "When prescribing" are substituted for "in the exercise of its power to prescribe" for clarity. The words "just and reasonable" are omitted as unnecessary in view of section 10701 of the revised title. The words "shall consider" are substituted for "shall give due consideration" for clarity. The words "under this subsection" are substituted for "as a result of the enactment of
In subsection (a)(2), the words "Paragraph (1) of this subsection does not apply, and the law related to compensation for transportation for the United States Government in effect immediately before September 18, 1940, applies" are substituted for "the provisions of law with respect to compensation for such transportation shall continue to apply to such transportation as though subsection (a) of this section had not been enacted" for clarity. The words "in the form and manner prescribed by him" are omitted as executed. The words "did not file a release . . . before September 18, 1941" are substituted for 49:65(b) (2d sentence) for clarity. The words "This paragraph does not require" are substituted for "Nothing in this section shall be construed as requiring" are being more precise. The word "heretofore" is omitted as surplus.
In subsection (b), the words "transportation" and "rate" are substituted for "carriage, storage, or handling of property" and "rate, charge or fare" in view of the definitions of "transportation" and "rate" in section 10102 of this revised title.
In subsection (b)(1), the words "A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under
In subsection (b)(2), the words "Unless a carrier is advised by" are substituted for "The provisions of this paragraph . . . shall not apply to . . . as indicated" for clarity. The words "department, agency, or instrumentality of the United States Government for which the quotation or tender was made" are substituted for "any agency or department thereof, for whose account the quotations or tenders are offered" for clarity. The words "for the transportation, storage, or handling of property or the transportation of persons free or at reduced rates" in 49:22(2) are omitted as unnecessary in view of the restatement. The words "for transportation provided to the United States" are added for clarity. The words "including a retroactive rate made after the transportation has been provided" are substituted for "including . . . those for retroactive application whether negotiated or renegotiated after the services have been performed" for clarity. The words "shall be in writing or confirmed in writing" are omitted as unnecessary in view of the restatement. The words "the carrier shall" are substituted for "shall be submitted . . . by the carrier or carriers offering such tenders or quotations" for consistency. The words "in the manner specified by the Commission" are omitted as unnecessary in view of the general power of the Commission to prescribe regulations to carry out this subtitle in section 10321. The last sentence is substituted for "and only upon the submittal of such a quotation or tender made pursuant to an agreement approved by the Commission under section 5b or section 5c shall the provisions of paragraph (9) of such section 5b or paragraph (8) of such section 5c apply" for clarity in view of section 10706 of the revised title. The words "(a) was made prior to August 31, 1957, or (b) is on or after August 31, 1957, made" are omitted as executed. The 3d sentence of 49:22(2) is omitted as unnecessary in view of section 10303(b) of the revised title.
In subsection (c), the words "A different policy . . . may not be applied to" are substituted for "In the application of the provisions of this chapter . . . no different policy . . . shall be applied" as being more precise.
Amendments
1994—Subsec. (a)(1).
1980—Subsec. (b)(1).
Subsec. (b)(3).
Section Referred to in Other Sections
This section is referred to in
§10722. Special passenger rates
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(b) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may establish reduced rates for individuals when the cost of that transportation is an expense of an individual who—
(1) is a member of the armed forces of the United States or another country when that individual is traveling in uniform on official leave, furlough, or pass; or
(2) has been released from the armed forces of the United States not more than 30 days before beginning that transportation and is traveling home or to a prospective place of abode.
(c) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may provide transportation without charge for an individual who is—
(1) a necessary caretaker of livestock, poultry, milk, or fruit;
(2) an executive officer, general chairman, or counsel of an employee organization authorized to represent employees of that carrier under
(3) an employee in charge of the mails when working or traveling to or from work;
(4) a newspaper carrier on a train;
(5) a baggage agent; or
(6) a witness attending a legal investigation in which that carrier has an interest.
(d)(1) In this subsection—
(A) "employee of a carrier" includes an individual who—
(i) is furloughed, pensioned, or not on active duty because of advanced age or infirmity that occurred while the individual was employed by that carrier;
(ii) is being transported for purposes of reemployment by that carrier; or
(iii) was killed while employed by a carrier.
(B) "family" refers to the family of an individual named in clause (A) of this paragraph and includes the surviving spouse or minor child of an employee who died while employed by a carrier.
(2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10722(a) | 49:22(1) (1st sentence (77th–86th words and 2d proviso), 2d, 3d, and 4th sentences). | Feb. 4, 1887, ch. 104, §22(1) (1st sentence (77th–86th words, words between 2d and 5th semicolons, and 2d proviso), 2d, 3d, and 4th sentences), |
| 49:317(b) (proviso). | Feb. 4, 1887, ch. 104, |
|
| 49:906(c) (proviso). | Feb. 4, 1887, ch. 104, |
|
| 10722(b) | 49:22(1) (1st sentence words between 2d and 4th semicolons). | |
| 49:317(b) (proviso). | ||
| 49:906(c) (proviso). | ||
| 10722(c), (d) | 49:1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st–18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos). | Feb. 4, 1887, ch. 104, |
| 49:22(1) (1st sentence words between 4th and 5th semicolons). | ||
| 49:317(b) (proviso). | ||
| 49:906(c) (proviso). | ||
| 49:1005(c) (proviso). | Feb. 4, 1887, ch. 104, |
In subsection (a), the text of the provisos in 49:317(b) and 906(c) is omitted in view of the restatement. The words "may establish" are inserted for clarity. In the first sentence, the word "rates" is substituted for "tickets" for clarity. The words "without charge" are substituted for "free" for clarity. The words "at least" are substituted for "or more" for clarity. The 2d, 3d, and 4th sentences of 49:22(1) are omitted as unnecessary in view of subchapter IV of
In subsection (b), the provisos in 49:317(b) and 906(c) are omitted in view of the restatement of 49:22. The word "may" is substituted for "nothing . . . shall be construed to prohibit" for clarity. The word "establish" is substituted for "establishing by publication and filing in the manner prescribed" for clarity and consistency in view of subchapter IV of
In subsection (c), the words "employees on sleeping cars, express cars, and to linemen on telegraph and telephone companies" are omitted to eliminate redundancy in view of subsection (d) of the revised section. The word "working" is substituted for "duty" for clarity.
In subsection (d)(1), the words "In this subsection" are substituted for "as used in this paragraph" to conform to the revised title. The word "individual" is substituted for "persons" as being more precise. The words "was employed by that carrier" are substituted for "in the service of any such common carrier" for clarity. The words "the remains of a" are omitted as unnecessary. The word "reemployment" is substituted for "ex-employees traveling for the purpose of entering the service" for clarity. The words "refers to the family of an individual named in clause (A) of this paragraph" are substituted for "shall include families of those persons named in this proviso, also the families of persons killed" for clarity. The words "during minority" are omitted as surplus. The words "while employed by" are substituted for "while in the service of" for clarity.
In subsection (d)(2), the words "A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of
Amendments
1986—Subsec. (d)(2).
1982—Subsec. (c)(4).
Subsec. (d)(1)(B).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10723. Charitable purposes
(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(A) an indigent or homeless individual (including an individual transported by a hospital, charitable organization, or municipal government and the necessary agents employed in that transportation);
(B) an individual who is confined to or about to enter or return home after discharge from a—
(i) facility of the Department of Veterans Affairs;
(ii) State home for disabled volunteer soldiers; or
(iii) soldiers' and sailors' home, under an arrangement with the board of managers of that facility;
(C) a minister of religion; and
(D) an individual who is confined to a hospital or charitable facility.
(2) A common carrier providing transportation or service subject to the jurisdiction of the Commission under
(A) a charitable purpose, including transportation referred to in paragraph (1) of this subsection; or
(B) use in a public exhibition.
(b)(1) A common carrier subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter may provide transportation without charge to an individual who is—
(A) engaged only in charitable work;
(B) injured in an accident (together with the physicians and nurses attending that individual); or
(C) an individual traveling on behalf of a nonprofit organization which provides recreational, housing or other services and benefits for the general welfare of employees of common carriers.
(2) That carrier (other than a motor carrier of passengers) may also establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of—
(A) a totally blind individual and an accompanying guide or a dog trained to guide the individual; or
(B) a disabled individual and accompanying attendant when required because of the disability.
(3) In the case of a motor carrier of passengers, that carrier may also establish a rate and related rule equal to the rate charged for the transportation of 1 individual when that rate is for the transportation of—
(A) a totally blind individual and an accompanying guide or a dog trained to guide the individual;
(B) a disabled individual and accompanying attendant, or animal trained to assist the individual, or both, when required because of disability; or
(C) a hearing-impaired individual and a dog trained to assist the individual.
(
Subsection (a) is made applicable to motor and water common carriers in view of 49:317(b) (proviso) and 906(c) (proviso). The words "may provide transportation without charge" are inserted for consistency. The words "indigent or homeless individual" are substituted for "indigent, destitute, and homeless persons" to eliminate redundancy. The words "charitable organization" are substituted for "charitable and eleemosynary institutions" to eliminate redundancy. The words "Veterans' Administration facility" are substituted for "National Homes" since the National Home for Disabled Volunteer Soldiers was dissolved by the Act of July 3, 1930, ch. 863, §§1, 3, 5,
In subsection (b), the word "eleemosynary" is omitted to eliminate redundancy. The word "accident" is substituted for "wrecks" as being more appropriate.
In subsection (b)(2), the words "an accompanying guide or a dog trained to guide the individual" are substituted for "accompanied by a guide or seeing-eye dog or other dog specially trained for that purpose" to eliminate redundancy. The words "attendant when required because of the disability" are substituted for "by an attendant if such person is disabled to the extent of requiring such attendant" for clarity. The words "related rule" are substituted for "reasonable regulations" for consistency. The words "may establish" are substituted for "as may have been established by the carrier" for clarity. The text of the provisos of 49:317(b), 906(c), and 1005(c) are omitted as unnecessary in view of the restatement.
Amendments
1991—Subsec. (a)(1)(B)(i).
Subsec. (b)(2).
Subsec. (b)(3).
1982—Subsec. (b)(1)(C).
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10724. Emergency rates
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(b)(1) The Commission may authorize a common carrier providing transportation or service subject to its jurisdiction under
(A) define the area of the United States in which the reduced rates will apply;
(B) specify the period during which the reduced rates are to be in effect; and
(C) define the class of persons entitled to the reduced rates.
(2) The Commission may specify those persons entitled to reduced rates by reference to those persons designated as being in need of relief by the United States Government or by a State government authorized to assist in providing relief during the emergency. The Commission may act under this subsection without regard to subchapter II of
(
In subsection (a), the words "subchapter I, II, or III of
In subsection (b), the words "under
Section Referred to in Other Sections
This section is referred to in
§10725. Special freight forwarder rates
(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of
(1) assembling rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments to a place for further movement as part of a carload or truckload shipment; and
(2) distribution rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments moving from a place to which those shipments have moved as a part of a carload or truckload shipment.
(b) A rate and related classification and rule established under subsection (a) of this section applies to household goods freight forwarders and other persons using common carrier transportation under like conditions and may differ from other rates and related classifications and rules that contemporaneously apply to the same common carrier transportation when the difference is justified by a difference in the respective conditions under which that transportation is used. A rate referred to in subsection (a)(1) or (2) of this section may not be established to cover the line-haul transportation between the principal concentration place and the principal break-bulk place.
(c) When establishing a rate, classification, rule, or practice, a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10725(a), (b) | 49:1008. | Feb. 4, 1887, ch. 104, |
| 10725(c) | 49:1007. |
In subsections (a) and (b), the word "rates" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The word "rules" is substituted for "rules, and regulations" for consistency when referring to carriers.
In subsection (a), the words "may establish" are substituted for "Nothing in this Act shall be construed to make it unlawful for . . . to establish and maintain" as being more precise. The words "For the purposes of this section (1) the term . . . and (2) the term" are omitted as surplus in view of the restatement. The word "beyond" is omitted as surplus.
In subsection (b), the words "A rate . . . established under subsection (a) of this section" are inserted for clarity. The word "persons" is inserted for clarity. The words "using common carrier transportation" are substituted for "who employ or utilize the instrumentalities or services of such common carriers" for clarity and consistency in view of the definition of "transportation" in section 10102 of the revised title.
In subsection (c), the words "When establishing" are substituted for "In the establishment of" for clarity. The word "rate" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The word "rule" is substituted for "rules, or regulations" for consistency when referring to carriers. The words "when the property is in parcels" are substituted for "engaged in service with respect to parcels" for clarity. The last sentence is substituted for the words following the 2d comma in 49:1007 for clarity.
Amendments
1986—Subsecs. (b), (c).
Effective Date of 1986 Amendment
Amendment by
§10726. Long and short haul transportation
(a)(1) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of
(A) for a shorter distance than for a longer distance over the same line or route in the same direction (the shorter distance being included in the longer distance); or
(B) under a through rate than under the total of the intermediate rates it may charge or receive under this chapter.
This paragraph does not authorize a carrier to charge or receive equal compensation for transportation over a shorter distance than a longer distance.
(2) Notwithstanding paragraph (1) of this subsection, a carrier operating over a circuitous line or route to or from a place in competition with another carrier of the same type that operates over a more direct line or route may establish a rate (otherwise complying with this chapter) for that transportation to meet the rate of the carrier operating over the more direct line or route. A rate established for transportation over a circuitous route under this subsection is not evidence of the compensatory character of rates in other proceedings.
(b) In special cases, the Commission may authorize a carrier to charge less for transportation over a longer distance than it charges for transportation over a shorter distance. The Commission may prescribe the extent to which a carrier authorized to charge less under this subsection may be granted relief from subsection (a) of this section. However, the Commission may not authorize a rate—
(1) to or from the more distant place unless it is reasonably compensatory; or
(2) because of potential water competition not actually in existence.
[(c) Repealed.
(d) The Commission shall begin a proceeding under subsection (b) of this section on application of a carrier. A carrier may file a proposed rate with its application, and if the application is approved, the Commission shall allow the rate to become effective one day after the approval becomes effective.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10726(a) | 49:4(1) (words before 1st proviso, 4th and 2d provisos). | Feb. 4, 1887, ch. 104, §4, |
| 10726(b) | 49:4(1) (1st proviso). | |
| 10726(c) | 49:4 (less (1)). | |
| 10726(d) | 49:4(1) (less words before 1st proviso, and less 1st, 2d and 4th provisos). |
In subsection (a), the words "A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of
In subsection (b), the words "Notwithstanding paragraph (1) of this subsection" are inserted for clarity. The words "otherwise complying with this chapter" are substituted for "subject only to the standards of lawfulness set forth in other provisions of this chapter or
In subsection (c), the words "A rail carrier that reduces a rate for the transportation of property in competition with a water route" are substituted for "wherever a carrier by railroad shall in competition with a water route or routes reduce the rates on the carriage of any species of freight to or from competitive points" for clarity. The words "may increase the rate only if" are substituted for "it shall not be permitted to increase such rate unless" for clarity. The words "after a proceeding" are substituted for "after hearing" for consistency. The words "because of a change in conditions" are substituted for "rests upon changed conditions" for clarity.
In subsection (d), the words "A carrier may file a proposed rate" are substituted for "That tariffs proposing rates . . . may be filed" for clarity. The words "if the application is approved" are substituted for "in the event such application is approved" for clarity. The words "shall allow the rate to become effective one day after the approval becomes effective" are substituted for "shall permit such tariffs to become effective upon one day's notice" for clarity.
Amendments
1980—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§10727. Repealed. Pub. L. 96–448, title II, §209, Oct. 14, 1980, 94 Stat. 1910 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1980, see section 710(a) of
§10728. Separate rates for distinct rail services
(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of
(1) encourage competition;
(2) promote increased reinvestment by rail carriers; and
(3) encourage and make easier increased non-railroad investment in the production of rail services.
(b) The Commission shall maintain expeditious procedures to permit separate rates for distinct rail services to—
(1) encourage those services to be priced in accordance with the cash-outlay incurred by the carrier and the demand for them; and
(2) enable shippers and receivers to evaluate transportation and related rates and alternatives.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10728 | 49:15(18). | Feb. 4, 1887, ch. 104, |
In subsection (a), the words "rail carrier" are substituted for "a carrier by railroad" for consistency. The word "property" is substituted for "freight" for consistency. The word "establish" is substituted for "file" for clarity. The words "In order to" are omitted as surplus. The words "make . . . easier" are substituted for "facilitate" for clarity.
In subsection (b), the words "Within 1 year after the date of enactment of this paragraph" are omitted as executed. The words "Commission shall maintain expeditious procedures" are substituted for "Commission shall establish, by rule, expeditious procedures" for clarity. The word "all" is omitted as surplus. The word "rates" is substituted for "charges" in view of the definition of "rate" in section 10102 of the revised title.
Section Referred to in Other Sections
This section is referred to in
[§10729. Repealed. Pub. L. 96–448, title II, §210(a), Oct. 14, 1980, 94 Stat. 1910 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1980, see section 710(a) of
Savings Provision; Revision of Rate
Section 210(b) of
§10730. Rates and liability based on value
(a) The Interstate Commerce Commission may require or authorize a carrier (including a motor common carrier of household goods but excluding any other motor common carrier of property and excluding any rail carrier) providing transportation or service subject to its jurisdiction under subchapter I, II, or IV of
(b)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II of
(2) Before a carrier or freight forwarder may establish a rate for any service under paragraph (1) of this subsection, the Commission may require such carrier or freight forwarder to have in effect and keep in effect, during any period such rate is in effect under such paragraph, a rate for such service which does not limit the liability of the carrier or freight forwarder.
(c) A rail carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10730 | 49:20(11) (1st sentence (2d proviso related to released value), 2d sentence (less 1st–5th provisos)). | Feb. 4, 1887, ch. 104, §20(11) (1st sentence (2d proviso related to released value), 2d sentence (less 1st–5th provisos)) |
| 49:319. | Feb. 4, 1887, ch. 104, |
|
| 49:1013 (1st sentence related to released value). | Feb. 4, 1887, ch. 104, |
The text of 49:319 and 1013 (1st sentence) is omitted as unnecessary in view of the restatement. The words "in which case such declaration or agreement shall have no other effect than" are omitted as surplus. The words "shall not, so far as relates to values, be held a violation of
Amendments
1986—Subsec. (a).
Subsec. (b).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§10731. Investigation of discriminatory rail rates for transportation of recyclable or recycled materials
(a) In this section—
(1) "recyclable material" means material collected or recovered from waste for a commercial or industrial use whether the collection or recovery follows end usage as a product.
(2) "virgin material" means raw material, including previously unused metal or metal ore, woodpulp or pulpwood, textile fiber or material, or other resource that, through the application of technology, is or will become a source of raw material for commercial or industrial use.
(b) When appropriate, the Interstate Commerce Commission shall—
(1) investigate the rate structure for the transportation of recyclable or recycled materials and competing virgin material by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(2) determine whether those rate increases affect any part of the rate structure in violation of
(3) report to the President and Congress, in each of the annual reports of the Commission for 1978 and 1979, and in other appropriate reports, all proceedings started or completed under this subsection.
(c) A determination under subsection (b)(2) of this section may be made only after a public hearing. During the hearing, the rail carriers have the burden of proving that rate increases that affect the rate structure applicable to the transportation of those competing materials comply with
(d) In cooperation with the Commission, the Secretary of Transportation shall maintain a research, development, and demonstration program to develop and improve transport terminal operations, transport service characteristics, transport equipment, and collection and processing methods to facilitate the competitive and efficient transportation of recyclable or recycled materials by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(e) Notwithstanding any other provision of this subtitle or any other law, within 90 days after the effective date of the Staggers Rail Act of 1980, all rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10731 | 45:793 (note). | Feb. 5, 1976, |
In subsection (b), the words "within 12 months after the date of enactment of this Act" are omitted as executed. The words "When appropriate" are substituted for "and thereafter as appropriate" for clarity. The words "conduct an" are omitted as surplus. The words "any part of" are substituted for "in whole or in part" as being more precise and for consistency. The words "order the rate . . . removed" are substituted for "issue . . . orders requiring the removal" for clarity. The words "1978 and 1979" are substituted "for each of the 3 years following the date of enactment of this Act" as being more precise. Reference to the first year after enactment (1977) is omitted as executed. The words "
In subsection (d), the words "Secretary of Transportation" are substituted for "Secretary" for clarity in view of section 102(8) of the Railroad Revitalization and Regulatory Reform Act of 1976 (
Subsection (b) of 45:793 (note) is omitted as executed. The first sentence of subsection (d) of 45:793 (note) is omitted as unnecessary since 45:793 (note) is codified in the revised title. The 2d sentence of subsection (d) of 45:793 (note) is omitted as surplus in view of
References in Text
The effective date of the Staggers Rail Act of 1980, referred to in subsec. (e), probably means Oct. 1, 1980, the general effective date of
Amendments
1994—Subsec. (e).
1980—Subsec. (e).
Effective Date of 1980 Amendment
Amendment by
§10732. Food and grocery transportation
(a) Notwithstanding any other provision of law, it shall not be unlawful for a seller of food and grocery products using a uniform zone delivered pricing system to compensate a customer who picks up purchased food and grocery products at the shipping point of the seller if such compensation is available to all customers of the seller on a nondiscriminatory basis and does not exceed the actual cost to the seller of delivery to such customer.
(b) It is the sense of the Congress that any savings accruing to a customer by reason of compensation permitted by subsection (a) of this section should be passed on to the ultimate consumer.
(Added
Amendments
1988—Subsec. (b).
§10733. Rates for transportation of recyclable materials
(a) A motor carrier of property providing transportation subject to the jurisdiction of the Commission under subchapter II of
(b) In this section, "recyclable materials" means waste products for recycling or reuse in the furtherance of recognized pollution control programs.
(Added
Section Referred to in Other Sections
This section is referred to in
§10734. Car utilization
In order to encourage more efficient use of freight cars, notwithstanding any other provision of this subtitle, rail carriers shall be permitted to establish tariffs containing premium charges for special services or special levels of services not provided in any tariff otherwise applicable to the movement. The Commission shall facilitate development of such tariffs so as to increase the utilization of equipment.
(Added
Codification
Another section 10734 was renumbered
Effective Date
Section effective Oct. 1, 1980, see section 710(a) of
§10735. Household goods rates—estimates; guarantees of service
(a)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) Any rate established under this subsection must be available on a nonpreferential basis to shippers and must not result in charges to shippers which are predatory.
(b)(1) Subject to the provisions of paragraph (2) of this subsection, a motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of
(2) Before a carrier may establish a rate for any service under paragraph (1) of this subsection, the Commission may require such carrier to have in effect and keep in effect, during any period such rate is in effect under such paragraph, a rate for such service which does not guarantee the pick up and delivery of household goods at the times specified in the contract for such services and which does not provide a penalty or per diem payment in the event the carrier fails to pick up or deliver household goods at the specified time.
(Added
Amendments
1994—Subsec. (b)(1).