Section 417. (b)—(d) [§1017(b)-(d) U.S.C.]—[Unchanged. See vol. 11, pp. 9679, 9680.] Notes of Decisions Volume 15-p. 12302; Volume 16—p. 12957. Section 418. [§1018 U.S.C.] Carriers, instrumentalities, to be utilized.[Unchanged. See vol. 11, p. 9680, vol. 19, p. 15967]. Notes of Decisions Volume 13-p. 11163; Volume 14-p. 11682; Volume 18-p. 14695; Volume 19-p. 15967; Volume 21-p. 17746. Section 419. [§1019 U.S.C.] Liability for past acts and omissions.— [Unchanged. See vol. 11, p. 9681.] Notes of Decisions Volume 12-p. 10529; Volume 13-p. 11164; Volume 17-p. 13667. Section 420. [§1020 U.S.C.] Special powers during time of war or other emergency.—[Unchanged. See vol. 11, p. 9681.] Historical note, vol. 16, p. 12615. Regulations of the Commission 36 FR 19721. Oct. 9, 1971: Service Order 1079, C. S.Greene and Co., Inc., rerouting or diversion of traffic because of longshoremen's strike, freight forwarder authorized to route export traffic via non-authorized Canadian and U.S. ports, effective dav after date of order. 36 FR 20467, Oct. 22, 1971: Service Order 1080, New England Forwarding Co., Inc., rerouting or diversion of traffic because of longshoremen's strike, freight forwarder authorized to route export traffic via Canadian ports, effective day after date of order. 36 FR 21239, Nov. 4, 1971: Service Order 1080, Amdt. 1, New England Forwarding Co., Inc., rerouting or diversion of traffic, extends expiration date of S. O. 1080, effective on date of order. 36 FR 21015, Nov. 2, 1971: Service Order 1082, Star Forwarders, Inc., rerouting or diversion of traffic because of longshoremen's strike, freight forwarder authorized to route export traffic via Canadian and other ports, effective day after date of order. 36 FR 20808, Oct. 29, 1971: Service Order 1079, Amdt.1, C. S. Greene & Co., Inc., rerouting or diversion of traffic, extends expiration date of S. O. 1079, effective on date of order. 36 FR 22340, Nov. 24, 1971: Service Order 1079; Amdt. 2, C. S. Green & Co., Inc., rerouting or diversion of traffic, extends expiration date of S.O. 1079, effective on date of order. 36 FR 22340, Nov. 24, 1971: Service Order 1080; Amdt. 2, New England Forwarding Co., Inc., rerouting or diversion of traffic. extends expiration date of S.O. 1080, effective on date of S.O. 1080, effective on date of order. 36 FR 2310, Dec. 3, 1971: Service Order 1082, Amdt. 1, Star Forwarders, Inc., authorized to route traffic through certain Canadian ports, extends expiration date of Service Order 1082, effective on date of order. 36 FR 23422, Dec. 9, 1971: Service Order No. 1079-A, C. S. Greene & Co., Inc., authorized to route traffic through cer tain Canadian ports, vacates and sets aside Service Order 1079, effective on date of order. 36 FR 23423, Dec. 9, 1971: Service Order No. 1080-A, New England Forwarding Co., Inc., authorized to route traffic through certain Canadian ports, vacates and sets aside Service Order 1080, effective on date of order. 36 FR 23423, Dec. 9, 1971: Service Order No. 1082-A, Star Forwarders, Inc., authorized to route traffic through certain Canadian ports, vacates and sets aside Service Order 1082, effective on date of order. Sections 421, 422. [§§1021, 1022 U.S.C.[Unchanged. See vol. 11, pp. 9681-9684.] §421(g): Volume 18-p. 14695. Notes of Decisions PART V INTERSTATE COMMERCE ACT; LOAN GUARANTIES Chapter 19, Title 49, U.S. Code Section 501. [§1231 U.S.C.] Purpose. [Unchanged. See vol. 18, p. 14696.] Historical note, vol. 21, p. 17747. Notes of Decisions Volume 19—p. 15968; Volume 21—p. 17747. Section 502. [§1232 U.S.C.] Definitions.—[Unchanged. See vol. 18, p. 14696.] Section 503. [$1233 U.S.C.] Loan guaranties.—[Unchanged. See vol. 18, p. 14696.] Section 504. [§1234 U.S.C.] Limitations. [Unchanged except that "twenty-five years" was substituted for "fifteen years" in subsection (a)(3) thereof by act of July 13, 1972, Public Law 92-348, §5, 86 Stat. 463. See vol. 18, p. 14697.] Notes of Decisions Volume 18-p. 14698; Volume 19—p. 15970; Volume 21—p. 17748. Section 505. [§1235 U.S.C.] Modifications.-The Commission may consent to the modification of the provisions as to rate of interest, time of payment of interest or principal, security, if any, or other terms and conditions of any guaranty which it shall have entered into pursuant to this part, or the renewal or extension of any such guaranty for any period of time not exceeding twenty-five years from the date of the original guaranty, whenever the Commission shall determine it to be equitable to do so. (Aug. 12, 1958, Public Law 85-625, §2, 72 Stat. 569; July 13, 1972, Public Law 92-348, §5, 86 Stat. 463.) Section 506. [§1236 U.S.C.] Payment of guaranties; action to recover payments made.-[Unchanged. See vol. 18, p. 14697.] Section 507. [§1237 U.S.C. ] Guaranty fees.[Unchanged. See vol. 18, p. 14697.] Notes of Decisions Volume 19-p. 15976. Section 508. [§1238 U.S.C.] Assistance of Departments or other agencies. [Unchanged. See vol. 18, p. 14698.] Section 509. [§1239 U.S.C.] Administrative expenses.[Unchanged. See vol. 18, p. 14698.] Section 510. [§1239a U.S.C.] Audit by Comptroller General.—(a) In any case in which (1) there is outstanding any guaranty by the Commission made under this part; or (2) the Secretary of the Treasury is required to make any payment as a consequence of any guaranty by the Commission made under this part; the financial transactions of the common carrier by railroad subject to this Act with respect to which such guaranty was made may be audited by the Comptroler General of the United States under such rules and regulations as he may prescribe. The representatives of the Comptroller General shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such common carrier by railroad pertaining to its financial transactions and necessary to facilitate the audit, and such representatives shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. (b) A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the common carrier by railroad involved in such audit, together with such recommendations with respect thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, adversely affects the financial operations or condition of the common carrier by railroad involved in such audit or lessens the protection afforded the United States at the time the original guaranty was made. A copy of each report shall be furnished to the Commission at the time it is submitted to the Congress. (July 13, 1972, Public Law 92-348, §6, 86 Stat. 463.) Section 511. [§1240 U.S.C.] Termination of authority.[Unchanged except that former §510 was renumbered as §511 by act of July 13, 1972, Public Law 92-348, §6, 86 Stat. 463. See vol. 18, p. 14698, vol. 19, p. 15977.] SUPPLEMENTAL LEGISLATION Chapter 2.-ELKINS ACT Section 41.(1)-(3). Liability, offenses, penalties, jurisdiction; Acts of agents, departures from published rates; receiving rebates.—[Unchanged. See vol. 4, pp. 2748, 2788, 2791.] Historical note, see vol. 4, p. 2749, vol. 18, p. 14699. Notes of Decisions Volume 4 pp. 2751-2788; Volume 7-p. 5891; Volume 10-p. 8257; Volume 11-p. 9686; Volume 12-p. 10530; Volume 13-p. 11164; Volume 14-p. 11683; Volume 15-p. 12303; Volume 16-p. 12958; Volume 17-p. 13668; Volume 18-p. 14699; Volume 19—p. 15977; Volume 21-p. 17749. Rebates, Concessions, and Discriminations 71. Discrimination; defined.—[Vols. 4, 21]. -Proposed tranpsportation of cash letters by a Transcontinental Bus System subsidiary will not violate the Elkins Act merely because it will permit the Transcontinental complex to offer transportation at three different rates, i.e. the passenger carrier's rate, applicant's, and the U.S. mail (which the busline transports under contract). Maintenance of different levels of rates by affiliated companies is not unlawful per se, absent evidence of discriminatory tactics detrimental to the shipping public (318 ICC 157); moreover, service provided by the affiliated carriers under each rate level is so materially different, it cannot be said that one type duplicates either of the others.-Continental Dispatch, Inc., 95 M.C.C. 483 (488). Departure from Schedules; Devices 87. "Knowingly" as an element of the offense. (Vols. 4, 10, 17].-Requirement that a shipper must knowingly receive a conces sion from carrier in order to violate the Elkins Act does not mean that the parties must have intended to violate the act. Thus, when record showed that railroad-vendor had made an interest-free loan to shipper, in connection with latter's acquisition of a construction site, evidence supported district court decision that defendant shipper had knowingly received a concession from carrier in the form of an interest-free, purchase money mortgage loan on construction site so as to violate statute prohibiting a rebate from carrier. Judgment in favor of the government, in civil action for monetary penalties, affirmed.-United States v. Food Fair Stores, Inc., 417 F. 2d 62 (64-5). 98.-Bonus for locating plant adjacent to carrier's line.-[Vols. 4, 10, 11, 18].-The Elkins Act prohibits a carrier from contributing to cost of a construction site for shipper as an inducement for construction of shipper facilities near carrier's right of way; and carrier's assumption of financing costs (by making shipper an interest-free, purchase-money loan) in shipper's acquisition of a construction site is a type of contribution which the statute prohibits. Moreover, in government's civil action to recover monetary penalties for shipper's alleged receipt of a rebate from carrier, the fact that railroad-vendor realized a profit on sale of the land to defendant shipper did not preclude finding that shipper violated the statute by receiving a rebate from carrier in the form of an interest-free, purchase money mortgage loan. District court's judgement in favor of the government affirmed.-United States v. Food Fair Stores, Inc., 417 F. 2d 62 (64-5). 101.-Loan to shipper.-[Vols. 4, 10].— On appeal from district court decision, in government's civil action for penalties, that defendant shipper had violated the Elkins Act by knowingly receiving interest-free loan (for purchase of site for shipper facility) as rebate from carrier, the carrier's assumption of such financing costs is the type of contributing to costs of a construction site for shipper which the act prohibits; and fact that carrier-vendor realized a profit on sale of the land to shipper did not prevent finding that shipper receivied a rebate from carrier. Record showed that carrier was not compensated for shipper's delay in paying balance of purchase price for the construction site; also, requirement that shipper must knowingly receive a concession from carrier does not mean that the parties must have intended to violate the act; thus, evidence supported trial court's finding that shipper had knowingly received a concession from carrier, in form of interest-free, purchase money mortgage loan on construction site, and thereby had violated the act prohibiting rebate from carrier. Judgment in favor of the government, affirmed.—United States v. Food Fair Stores, Inc., 417 F. 2d 62 (64-5). Section 42. Parties included in proceedings to enforce law. [Unchanged. See vol. 4, p. 2792.] Historical note, see vol. 4, p. 2792. Notes of Decisions Volume 4-p. 2792; Volume 7—p. 5896; Volume 11—p. 9688; Volume 14—p. 11683; Volume 19-p. 15979; Volume 21—p. 17753. 1. Parties interested in the traffic.-[Vols. 4, 7, 11, 14, 19, 21].-See also Uxbridge Motor Lines, Inc.-Investigation of Operations, §212(a), n. 35. Since respondent shippers, except two, have been shown to have participated in, and, as stated in §2 of the Elkins Act "are interested in or affected by" the operations of respondent carriers, here found unlawful, they are ordered to cease and desist from participating with respondent carriers in such operation in the future.-Empire Truck U-Drive-It, Inc., Investigation, 96 M.C.C. 29 (45) |