49 USC 10764: Arrangements between carriers: copy to be filed with Interstate Commerce Commission

49 USC 10764: Arrangements between carriers: copy to be filed with Interstate Commerce Commission Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE IV-INTERSTATE COMMERCECHAPTER 107-RATES, TARIFFS, AND VALUATIONSSUBCHAPTER IV-TARIFFS AND TRAFFIC

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§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.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10764(a)	49:6(5).	Feb. 4, 1887, ch. 104, §6(5), 24 Stat. 380 ; Mar. 2, 1889, ch. 382, §1, 25 Stat. 855 ; June 29, 1906, ch. 3591, §2, 34 Stat. 586 ; June 18, 1910, ch. 309, §9, 36 Stat. 548 ; Feb. 28, 1920, ch. 91, §409, 41 Stat. 483 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §8, 54 Stat. 910 ; restated Aug. 2, 1949, ch. 379, §5, 63 Stat. 486 .
	49:320(a) (3d sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §220(a) (less 1st and 2d sentences); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 563 ; restated Sept. 18, 1940, ch. 722, §24, 54 Stat. 926 .
	49:913(b) (1st sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §313(b); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 944 .
	49:1012(a) (last sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §412(a) (last sentence); added May 16, 1942, ch. 318, §1, 56 Stat. 294 .
10764(b)	49:320(a) (less 1st, 2d, and 3d sentences).
	49:913(b) (less 1st sentence).

The section consolidates and restates the source provisions for clarity. The word "arrangement" is substituted for "contracts", "agreements", and "arrangements" as being more inclusive. The word "transportation" is substituted for "facilities", "service", and "traffic" for clarity and in view of the definition of "transportation" in section 10102 of the revised title.

In subsection (a), the words "to which it may be a party" in 49:6(5) are omitted as unnecessary in view of the restatement. The word "subtitle" is substituted for "the provisions of this chapter" to conform to the revised title. The words "any other carrier" in 49:320(a) and 1012(a) are omitted as unnecessary in view of the restatement. The word "each" is substituted for "all" for clarity. The word "another" is substituted for "other" for clarity. The words "Provided, however" in 49:6(5) are omitted as unnecessary in view of the restatement. The words "by regulations" in 49:6(5) are omitted as unnecessary in view of section 10321(a) of this title giving the Commission general authority to prescribe regulations. The words "may except" are substituted for "may provide for exceptions" in 49:6(5) for clarity. The words "from paragraph (1) of this subsection" are substituted for "from the requirements of this paragraph" in 49:6(5) to conform to the revised title. The words "when the Commission finds that filing a class of arrangements . . . is not necessary in the public interest" are substituted for "the filing of which, in its opinion, is not necessary in the public interest" in 49:6(5) for clarity. The words "classes" in 49:6(5) and "true" in 49:320(a), 913(b), and 1012(a) are omitted as surplus.

In subsection (b), the words "may . . . only if" are substituted for "shall not . . . unless" for clarity. The word "disclose" is substituted for "make public" for clarity. The words "the existence or contents of an arrangement" are substituted for "any . . . arrangement . . . or any of the terms or conditions thereof" for clarity. The word "except" is omitted in view of the restatement. The words "Provided, That if it appears from an examination" and "in its discretion" are omitted as unnecessary in view of the restatement. The word "parts" is substituted for "portions" as being more appropriate. The words "the extent of its failure" are substituted for "to disclose such failure and the extent thereof" for clarity. The words "tariff that is then in effect under section 10762 of this title" are substituted for "published schedule of the contract carrier . . . as required by section 318(a) of this title" for clarity.

Section Referred to in Other Sections

This section is referred to in sections 11348, 11901 of this title.