§10724. Emergency rates

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may transport passengers without charge to provide relief during general emergencies.

(b)(1) The Commission may authorize a common carrier providing transportation or service subject to its jurisdiction under chapter 105 of this title to give reduced rates for service and transportation of property to or from an area in the United States to provide relief during emergencies. When the Commission takes action under this subsection, it must-

(A) define the area of the United States in which the reduced rates will apply;

(B) specify the period during which the reduced rates are to be in effect; and

(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 chapter 103 of this title and subchapter II of chapter 5 of title 5.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1386 .)

In subsection (a), the words "subchapter I, II, or III of chapter 105 of this title" are inserted because 49:317(b) (proviso) and 906(c) (proviso) make this subsection apply to motor and water common carriers. The words "without charge" are substituted for "free" for clarity and consistency. The words "to provide" are substituted for "with the object of providing" as being more precise. The word "emergencies" is substituted for "general epidemic, pestilence, or other calamitous visitation" for clarity and to eliminate redundancy.

In subsection (b), the words "under chapter 105 of this title" are inserted because 49:317(b) (proviso), and 906(c) (proviso), and 1005(c) (proviso) make this subsection apply to motor and water common carriers and to freight forwarders. The words "The Commission may authorize" are substituted for "Nothing in this chapter shall prevent . . . if such . . . have first been authorized . . . by the Commission" for clarity. The words "by order" are omitted as surplus. The word "emergencies" is substituted for "in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamitous visitation or disaster" for clarity and to eliminate redundancy. The word "area" is substituted for "section" as being more appropriate. The word "Government" is substituted for "agents" for clarity since the reference is to official action. The last sentence is substituted for "(with or without a hearing)" for consistency. The last sentence of 49:22(1) is omitted as unnecessary in view of the restatement.

Section Referred to in Other Sections

This section is referred to in sections 11126, 11905 of this title; title 31 section 3726.