§11127. Service of household goods freight forwarders

(a)(1) When the Interstate Commerce Commission considers that a shortage of equipment, congestion of traffic, or other emergency requires immediate action at a place in the United States, the Commission may-

(A) suspend any service, equipment, or facilities requirement applicable to a household goods freight forwarder under the jurisdiction of the Commission under subchapter IV of chapter 105 of this title;

(B) take action to promote transportation in the interest of the public and of commerce; and

(C) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits.

(2) When the Commission considers that any such household goods freight forwarder cannot properly serve the public by providing service for the traffic offered it, the Commission may require the handling, routing, and movement of that traffic in another manner to promote commerce and service to the public. When the equipment or facilities of another household goods freight forwarder are required to be used, the household goods freight forwarders may establish terms of compensation between themselves subject to subsection (b)(2) of this section.

(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on application without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5.

(2) When the household goods freight forwarders do not agree on the terms of compensation under this section, the Commission may establish the terms for them in a later proceeding.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424 ; Pub. L. 99–521, §9(b)(1), (2), Oct. 22, 1986, 100 Stat. 2997 .)

Instead of integrating the words "freight forwarder" into sections 11123 and 11124 of the revised title, the section restates those provisions of 49:1(15) and (16) applicable to freight forwarders. Subsection (a)(2) restates 49:1(16) related to the movement of traffic. See ICC Gen. Coun. Op. No. 248–71, Oct. 1, 1971. The word "application" is substituted for "complaint" for consistency.

Amendments

1986-Pub. L. 99–521 inserted "household goods" before "freight forwarders" in section catchline and before "freight forwarders" and "freight forwarder" wherever appearing in text.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Section Referred to in Other Sections

This section is referred to in sections 11121, 11126, 11128, 11901 of this title.