INDEX References are to content of Volume 22 NOTE. For cumulative index of statues in effect and Notes of Decisions thereunder, use the Index in Volume 12. For DOT, 49 USC-Department of Transportation Act EPCA, 42 USC-Energy Policy and Conservation Act Explosives and Combustibles-18 USC Fair LS, 29 USC-Fair Labor Standards Act FACA, 5 USC-Federal Advisory Committee Act Hist. N.-Historical Note H-S Res., 49 USC-Hoch-Smith Resolution §55 HS, 45 USC-Hours of Service Act IMM. W., 49 USC-Immunity of Witnesses Act NTP, 49 USC-National Transportation Policy RPS, 45 USC-Rail Passenger Service Act RRA, 45 USC-Railroad Retirement Act RRRR, 45 USC-Railroad Revitalization and Regulatory Reform Act of 1976 R. Tax., 45 USC-Railroad Taxing Act R. Unemp., 45 USC-Railway Unemployment Act Ry. L., 45 USC-Railway Labor Act Ry. Mail, 39 USC-Railway Mail Service Act RRRA, 45 USC-Regional Rail Reorganization Act Reorganization-11 USC-Bank. Act RP-Rules of Practice SA, 45 USC-Safety Appliance Acts ST, 15 USC-Standard Time Act Transp. Act, 49 USC-Transportation Act T. Exp., 18 USC-Transportation of Explosives *following citation of a case refers to the Table of Cases, for history of the case. Asterisks following note numbers indi- Α ABANDONMENT: See Convenience and Necessity; ABSORPTION OF CHARGES Preference, prejudice, §3(1), n. 136, v. 2, 6, 9, 11, 12, 14, Switching, §1(6), n. 680, v. 1, 6, 9, 11, 12, 14, 16, 22 Damage suits, reports not used, §220(f), n. 5, v. 22 Access to, $20(5), n. 31, 32, 33, v. 3, 22 Bankruptcy Act, 11 USC §205, n. 55, v. 10, 11, 13, 14 Depreciation accounting, §20(3), n. 24, v. 11, 13-16, 21, 22 ACCOUNTS Continued Increased charges, after suspension, §15(7), n. 14, v. 3. Noncarrier controlling, §5(3), n. 10, v. 11-19, 21 Accrual on delivery, §16(3)(e), n. 105-110, v. 3, 7, 12, 14, Agreements, independent action accorded, §5a(6), n. 5, Bills of lading, $219, n. 115, v. 14-18, 22; §413, n. 115, v. see also Liability Schedules, to enforce, §6(7), n. 263, v. 2, 6, 11-15, 17-19, Transfer of, 28 USC §1404, n. 1, v. 16-19, 21, 22 United States v. United States, 28 USC §2322, n. 1, v. ACT OF GOD Demurrage, §1(6), n. 374, v. 1, 22 ADDITIONS AND BETTERMENTS Right to add, construction generally, §208(a), n. 2, v. 12- Securities for, see Securities ADEQUATE TRANSPORTATION SYSTEM Rates to provide, §15a(2), n. 3, v. 9, 11, 13, 14, 16, 18, ADMINISTRATIVE PROCEDURE ACT: See Burden of proof, 5 USC notes, v. 15; Burden of proof, Examiners, presiding, 5 USC, Examiners, v. 17-19, 22 whether required, 5 USC, Hearing, v. 18, 19, 21, 22 presiding, 5 USC, Examiners, v. 17, 18, 22 scope of, 5 USC, Judicial, v. 21, 22 ADMISSIBILITY: See Evidence ADVANTAGES Inherent, NTP, n. 5, v. 13, 14, 16-19, 21, 22 Water, cheaper water carriage, NTP, n. 5, v. 14, 19, 21, 22 ADVERTISEMENT: See Public Interest Modified, shortened procedure, RP 50, v. 16-18, 21, 22 Control by affiliation, §5(2), n. 60, v. 19, 21, 22 Securities, assumption of liability, obligation, §20a(2), n. Bankruptcy act, see Reorganization Broker distinguished, §203(a)(18); n. 1, v. 9, 11-17, 19, 22 AGGREGATES-OF-INTERMEDIATES Rates, unlawful, when, 84(1), n. 138, v. 2, 6, 9, 11, 12, AGREEMENTS: See also Contracts; Arrangements; Released Rates Amtrak, by, facilities & services, 45 USC §502, n. 5, v. compensation, 45 USC §502, n. 5, v. 22 Convenience-necessity, §1(18), n. 12, v. 2, 6, 9, 13, 14, Divisions, see Divisions of Rates; Pooling Employees, protection, §1(18), n. 91, v. 9, 11-18, 21, 22; Freight forwarders-motor common carriers, §409(a); n. 5, Joint loading, §404(d), n. 10, v. 13, 14, 22 Not to compete, §5(2), n. 7a, v. 12, 13, 18, 19, 22 Parties, §5a, n. 10, v. 15, 18, 19, 22 Through routes, §216(c), n. 3, v. 10, 12-14, 16, 21, 22; ■. Combination rule, §6(7), n. 96, v. 2, 6, 9, 13-19, 21, 22 AGRICULTURE: See also Livestock Agricultural Marketing Act, farm cooperatives, as de- Commodities, exempt, Transportation Act of 1958 "grandfather," “interim“ rights, $203(b6), n. 50, v. Cooperative association excepted, §203(b5); n. 45, v. 19, Injunction against operation without certificate, §222(b). Rates, §1(5), n. 350, v. 9, 11-18, 22 AIR CARRIERS: See also Motor-and-Air Motor carriers, incidental to, §203(b7a); n. 40, v. 11, 14, ALASKA Freight forwarders, "grandfather" operating rights, Motor carrier authority, §207(a), n. 25, v. 18, 19, 22 ALL-COMMODITY RATES Classification, §1(6), n. 126, v. 11, 12, 17, 21, 22 Rule 10, not materially differing, §1(6), n. 126, v. 11, 17, Weight limitations, §1(5), n. 495, v. 19, 22 Bankruptcy act, see Reorganization Cost of service as measure, §15(13), n. 38, v. 3, 7, 9, 11, Drayage, §2, n. 80, v. 2, 6, 9, 11, 22 Just and reasonable, §15(13), n. 37, v. 3, 7, 9, 11, 12, 19. Pickup, delivery, §15(13), n. 59, v. 11, 14, 15, 22 ALTERNATIVE Routes, alternate, §207(a), n. 28** consolidation-control, §5(2), n. 15, v. 12-17, 21, 22 AMENDMENT Applications, §206(b), n. 16, v. 10-14, 17-19, 21, 22; consolidation-control, §5(2), n. 105, v. 14, 15, 17-19, Permit, §212(a); n. 30, v. 12-19, 21, 22 Rates, applicability determined by, §6(7), n. 49, v. 2, 6, ANNUAL VOLUME RATES: See Volume of ANTITRUST ACTS Agreements, actions, independent, against, §5a(6), n. 5, approval by Commission, §5a(2), n. 18, v. 15-19, 21, 22 22 construction-interpretation, §5a, n. 2, v. 15, 17-19, 21, 22 evidence, §5a, n. 12, v. 15-18, 22 policy, furthering national, §5a(2), n. 6, v. 15-18, 22 Bids, preventing competitive, 15 USC §20, n. 1, v. 4, 7, Competition construed, purpose generally, 15 USC §1, n. Consolidation-control, §5(11); n. 1, v. 14-16, 18, 19, 21, Directors, competitive bidding, 15 USC §20, n. 1, v. 4, Interpretation and purpose, 15 USC §1, n. 11, v. 4, 12, Jurisdiction, 15 USC §21, n. 3, v. 21, 22 States, Federal law dominant, §5(11), n. 2, v. 14-18, 22 Court of appeals, to, 28 USC §§1291, 1292; n. 1, v. 14- Orders of Commission, $205(g), n. 5, v. 22; APA, 5 Review, by District Court, 28 USC §2325, n. 7, v. 14, 16, maintenance of status quo pending appeal, 28 USC $1253, n. 2, v. 15, 19, 22 question of fact, 28 USC §2325, n. 54** Status quo, pending, 28 USC §1253, n. 2, v. 4, 7, 11, 15, APPLICATIONS: See also Petitions and Petitioners Broker's license, §211(b), n. 3, v. 11-15, 17, 18, 22 Consolidation-control, amendment, §5(2), n. 105, v. 14, 15, 17-19, 21, 22 issues, §5(2), n. 110, v. 12-19, 21, 22 APPLICATIONS-Continued Examiners, reference to §205(a), n. 2, v. 19, 22 Forwarders, see Freight Forwarders Injunction, to restrain, enforce, orders, §222(b), n. 25, v. Laches, $206(b), n. 36, v. 13, 17, 21, 22 Priority of, §206(b), n. 15, v. 10-13, 15, 18, 19, 21, 22 Manner of presentation, §13(1), n. 190, v. 3, 22 Broker, without license, §211(a), n. 5, v. 10, 11, 22 ASSEMBLING, DISTRIBUTION RATES Broker operations, change in control, §211(b), n. 28, v. Cooperative, farmers', exemption, §203(b5), n. 45, v. 19, Shippers, of, nonprofit, exempt, §402(c), n. 15, v. 12-15, corporation as, §402(c), n. 15, v. 21, 22 unlawful operations by, burden of proof, §403(f), n. ASSUMPTION Obligation, see Securities Bankruptcy Act, 11 USC §205, n. 115, v. 10-18, 21, 22 Loss, damage, injury, claims, §20(11), n. 6, v. 3, 15, 17, Proceedings before Commission, §8, n. 250, v. 2, 7, 9, Reorganization, 11 USC §205, n. 115, v. 10-18, 21, 22 AUTOMATIC TRAIN CONTROL Signal and interlocking systems, §25, n. 18, v. 9, 11, 12, Stops, automatic, §25, n. 6, v. 4, 7, 14-19, 21, 22 Classification, carriers of, $204(b), n. 7, v. 9, 11, 12, 14- Secondary movement, need for service, §207(a), n. 25, v. B BAGGAGE; BAGGAGE CARS Buses, in, §208(d), n. 10, v. 11, 12, 22 Property, in, buses, §208(d), n. 10, v. 11, 12, 21, 22 Actions to enforce, §413, n. 115, v. 14, 15, 22 Contract, obligations, nature, function, §1(6), n. 65, v. 6, 19, 22; §219 n. 15, v. 10, 14, 16-19, 21, 22 BILLS OF LADING-Continued In general, §1(6), n. 65, 1, 6, 19, 22; §219, n. 10, v. 10, Interest, $219, n. 20, v. 10, 22 Issuance, carrier, duty to issue, §20(11), n. 16, v. 3, 7, 9, Liability to lawful holders, effect of clause, §20(11), n. 4, issuance, not essential to recovery, $20(11); n. 16, v. Nonrecourse clause, §3(2), n. 21, v. 12, 15, 17, 18, 22; n. Released-rate shipments, see Released Rates and Ratings Power or train, rules, standards, instructions, SA 45 BROKERS Agent vs. broker, §203(a)(18), n. 1, v. 9, 11-13, 15-17, 19, Applications, license, §211(b); n. 3. v. 11-15, 17, 18, 22 Carrier, employment of unauthorized carrier, §211(a); n. Defined, $203(a)(18), n. 1** License, application, hearing, evidence, §211(b), n. 10, v. conditions imposed; scope of operations, §211(b), n. covering part of operation, §211(b), n. 5, v. 10, 12, 14, fitness of applicant, §211(b), n. 3, v. 21, 22 sale of transportation without, prohibited, §211(a), n. scope of operations, §211(b), n. 30, v. 17-19, 21, 22 Unauthorized, employment, §211(a), n. 5, v. 10, 11, 22 Contract carriage, noncompetitive, §303(e)(2), n. 10, v. In bulk, classification, carriers, §204(b), n. 7, v. 16, 19, Special equipment, commodities requiring, classification, BURDEN OF PROOF: See also Evidence; Pre- Administrative Procedure Act, APA, 5 USC; Burden, v. Ancillary investigation, respondents, §403(f), n. 12, v. 22 permit, $209(b), n. 18, v. 10-13, 16-19, 21, 22 exception, §13(1), n. 127, v. 3, 7, 9, 13, 15-19, 22 BURDEN OF PROOF-Continued Damages, preference, prejudice, §8, n. 180* Group rates, §216(g), n. 5, v. 21, 22 Initial rates, §216(g), n. 5, v. 12, 19, 21, 22 Injunction, three-judge court, 28 USC §2325 [§47], n. 61, Investigation-suspension, §15(7), n. 35*: $218(c), n. 5, v. Justification of reductions, §216(g), n. 5, v. 18, 19, 21, 22 Modification, operating authority, $212(a), n. 30, v. 12- Reasonableness, rates in effect, $218(b), n. 30, v. 19, 22 CANADA C Canadian traffic, §1(1), n. 56, v. 1, 6, 9, 11-13, 17-19, 22 Transportation to or from, §1(1), n. 56, v. 1, 6, 9, 11-13, Capitalizable assets, §20a(2), n. 25, v. 4, 7, 9, 11, 12, 15, CARLOAD MINIMUM WEIGHTS Follow-lot, §1(6), n. 225, v. 1, 6, 9, 11, 12, 14, 15, 17, 18, Minimum weight as factor, §1(6), n. 24, v. 1, 6, 9, 11-19, CARLOAD RATES Cancellation, reasonableness, §15(7), n. 77, v. 22 riers Agreements between, See Anti-Trust Acts, Agreements Duty of carrier to establish through routes, see Through Economy (and efficiency), NTP, n. 10, v. 13, 14, 17, 18, CAR SERVICE Compensation for carrier use, §1(14)(a), n. 1, 2, v. 2, 6. 22 service orders, §1(15), n. 5, v. 2, 12-19, 21, 22 shorter or longer, smaller or larger, than ordered, Rules, regulations, §1(14)(a), n. 1. v. 2, 6, 9, 11, 13, 14, CASUAL, OCCASIONAL, RECIPROCAL For-hire transportation requiring, operation in, without, agricultural commodities exempt, §203(b), n. 50, v. 9. Limited term, §207(a), n. 5, v. 17, 18; n. 6, v. 18, 19, 22 application, burden of proof, record before State Commission controlling, §206(a)(6),(7), n. 75, v. 22 operation pending determination, §206(a)(7)(B); n. 2, Special Service, §207(a), n. 25, v. 12, 18, 19, 22; Trafficking in, §207(a), n. 25, v. 55, 16, 18, 21, 22 Definitions, $208(c), . 3, v. 11-19, 21, 22 Operation, $208(c), n. 10, v. 10-12, 14-19, 21, 22 CHARTERS Certificate, §207(a), n. 11, v. 10, 22 Definitions, $208(c), n. 3, v. 11-19, 22 CIRCUITY Comparison of rates, §1(5), n. 280, v. 1, 6, 9, 11, 13, 15, Motor, $216(c), n. 12, v. 10-13, 17-19, 22 CLAIMS Federal government, §16(3), n. 10, v. 3, 9, 11, 15, 17-19, Loss or damage, §1(6), n. 731, v. 1, 6, 9, 11-13, 16, 17, CLASSIFICATION: See also Classification (Freight); Mails Motor carriers, see also, Commodities, Description commodities carried, by, types, groups, §204(b), n. 7** CLASSIFICATION (FREIGHT) All-commodity rates, §1(6), n. 126, v. 11, 12, 17, 21, 22 see also Schedules Competition, all-freight rates to meet, §1(5), n. 495, v. 9, 11, 12, 14-18, 21, 22 Density of commodity, relative, §216(b), n. 704, v. 16, CLASSIFICATION (FREIGHT)-Continued Loading, unloading, owners, §1(6), n. 228, v. 1, 6, 9, 11, Purpose, $216(b), n. 694, v. 18, 21, 22 Rate basis, analogy, §6(7), n. 49, v. 2, 6, 9, 11-19, 21, 22 CLASS RATES Commodity rates, relation to class-rate structure, §1(5), Proportional rates, §1(5), n. 402, v. 6, 9, 11, 12, 15, 17, Rates, markets, §1(5), n. 350, v. 9, 11-19, 22 based on aggregate quantity delivered in given period, COLLECTION: See also Credit; Payment of Charges; Duty to collect tariff charges, §6(7), n. 222*; §217(b), n. departure from, §217(b), n. 40, v. 10-12, 14, 15, 18, 19, COMBINATION Article, rule 18, §1(6), n. 219a, v. 6, 9, 12-16, 19, 22 Rule Joint rate, §6(7), n. 80, v. 2, 6, 9, 12-14, 16-18, 21, 22 Aggregate of intermediates, §6(7), n. 96, v. 2, 6, 9, 13-19, COMMERCE CLAUSE Attachment, garnishment, NTP, n. 2, v. 22 COMMERCIAL ZONES: See also Terminals, Alexandria-Pineville, La., §203(b), n. 60, v. 22 Carriers affected, §203(b), n. 60, v. 14, 21, 22 Contiguous municipalities, §203(b), n. 60, v. 9, 15, 18, Defined, general application, §203(b), n. 60, v. 14, 21, 22 Exempt, $203(b); n. 60** removal of exemption, exceptions, NTP, n. 5, v. 19, Expansion, enlargement of limits, §203(b), n. 60, v. 16, Foreign or international boundary, §203(b), n. 60, v. 14, Intrastate, §203(b), n. 60, v. 15, 19, 22 National transportation policy, NTP, n. 5, v. 16, 19, 21, 22 243-381 O 77 78 |