may use a carrier, including a carrier referred to in this subsection, to transfer, collect, or deliver in a terminal area. However, to provide other services, a freight forwarder may only

use

(1) a rail, express, motor, or water common carrier, or motor contract carrier of property, providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title including

(A) a motor common carrier providing exempt transportation under section 10525 or 10526(a)(8) of this title; or

(B) a water common carrier providing exempt transportation under section 10542(a) of this title or transportation between places in Alaska or Hawaii and between those places and other places in the United States;

(2) an air carrier subject to the jurisdiction of the Civil Aeronautics Board under chapter 20 of this title; or

(3) the Alaska Railroad.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1393; Pub. L. 96-296, § 10(c), July 1, 1980, 94 Stat. 800.)

AMENDMENT OF SUBSECTION (b)

Pub. L. 97-468, title VI, § 615(b)(3), Jan. 14, 1983, 96 Stat. 2578, provided that, on the date of transfer of the Alaska Railroad to the State pursuant to section 1203 of Title 45, Railroads, or other disposition pursuant to section 1210 of Title 45, whichever occurs first, subsection (b) is amended by inserting "or" at the end of par. (1)(B), by striking "or" at the end of par. (2) and inserting in lieu thereof a period, and by striking par. (3).

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 1(5%); added June 18, 1910, ch. 309, § 7, 36 Stat. 546; Feb. 28, 1920, ch. 91, § 400, 41 Stat. 475; June 19, 1934, ch. 652, § 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 2(d), 54 Stat. 900; Aug. 2, 1949, ch. 379, § 1, 63 Stat. 485.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 418; added May 16, 1942, ch. 318, § 1, 56 Stat. 297; July 12, 1960, Pub. L. 86-615, 7, 74 Stat. 385.

In subsection (a), the words "A common carrier . . . may" are substituted for "Nothing in this Act shall be construed to prevent any common carrier" for clarity. The words "under chapter 105 of this title" are substituted for "subject to this Act" to conform to the revised title. The words "contract with" are substituted for "entering into or operating under any contract" to eliminate redundancy.

In subsection (b), the words "may only use" are substituted for "It shall be unlawful" for clarity. The word "use" is substituted for "utilize" as being more precise. The words "subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title" are inserted to conform to the revised title. The word "employ" is omitted as surplus. The words

11-617 VOL. 18 0-84-59

"other than" are omitted in view of the restatement. The words "including a carrier referred to in this subsection" are inserted for clarity. The words "rail, express, motor or water common carrier" are substituted for "common carriers by railroad, motor vehicle, or water, subject to this Act; express companies subject to this Act" to conform to the revised title. The words "subject to the jurisdiction of the Commission under chapter 105 of this title" are inserted to conform to the revised title. The word "places" is substituted for "ports" for consistency. The words "under the provisions of" are omitted as surplus. The word "providing" is substituted for "engaged in" for clarity.

The words "subject to the jurisdiction of the Civil Aeronautics Board under chapter 20 of this title" are substituted for "subject to the Civil Aeronautics Act of 1938" in view of the repeal of the Civil Aeronautics Act of 1938 by Public Law 85-726, title XIV, § 1401(b), August 23, 1958, 72 Stat. 806, and transfer of the authority contained in that Act to chapter 20 of title 49.

tuted for "manner" as being more appropriate. The word "use" is substituted for "utilization" for clarity.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11126 of this title.

§ 10751. Business entertainment expenses

(a) Any business entertainment expense incurred by a person providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title shall not constitute a violation of section 10741 or 10761 of this title if such expense would not be unlawful if incurred by a person or corporation not subject to such jurisdiction of the Commission.

(b) Any business entertainment expense authorized under this section that is paid or incurred by a person providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title shall not be taken into account in determining the cost of service or the rate base for purposes of this title.1

(c) Within 180 days after the date of enactment of the Motor Carrier Act of 1980, the Commission shall institute a rulemaking proceeding pursuant to which it shall issue rules establishing appropriate standards and guidelines for authorized business entertainment expenses under this section. Such standards and guidelines shall be consistent with standards and guidelines applicable under existing law to persons not subject to this subtitle, including competing unregulated surface transportation carriers.

(Added Pub. L. 96-296, § 33(a), July 1, 1980, 94 Stat. 824, and amended Pub. L. 96-448, title II, § 215(a), Oct. 14, 1980, 94 Stat. 1915.)

REFERENCES IN TEXT

The date of enactment of the Motor Carrier Act of 1980, referred to in subsec. (c), is the date of enactment of Pub. L. 96-296, which was approved July 1, 1980.

AMENDMENTS

1980-Subsecs. (a), (b). Pub. L. 96-448 struck out "(other than transportation by rail)" following "chapter 105 of this title".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

RETROACTIVE APPLICATION OF PROVISIONS OF SUBSECTION (a) FOR TRANSPORTATION BY RAIL Section 215(b) of Pub. L. 96-448 provided that: "The provisions of section 10751 of title 49, United States Code, as amended by subsection (a) of this section, shall apply to any expense of the type described in subsection (a) of such section 10751 that was incurred prior to the effective date of this Act [Oct. 1, 1980] (other than an expense with respect to which a penalty was paid pursuant to section 10761 of such title 49) or that is incurred on or after such effective date."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10741, 10761 of this title.

'So in original. Probably should be "subtitle".

§ 10761. Transportation prohibited without tariff

(a) Except as provided in this subtitle, a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide that transportation or service only if the rate for the transportation or serv ice is contained in a tariff that is in effect under this subchapter. That carrier may not charge or receive a different compensation for that transportation or service than the rate specified in the tariff whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that af fects the value of that transportation or serv ice, or another device.

(b) The Commission may grant relief from subsection (a) of this section to contract carri ers when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers and on its own initiative for a water contract carrier or group of water contract carriers.

(c) This section shall not apply to expenses authorized under section 10751 of this title.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96-296, § 33(c), July 1, 1980, 94 Stat. 825.)

Feb. 4, 1887, ch. 104, §6(7), 24 Stat. 380; Mar. 2, 1889. ch. 382, 1, 25 Stat. 855: restated June 29, 1906, ch. 3591, 2, 34 Stat. 586; June 18, 1910, ch. 309, 9, 36 Stat. 548; Aug. 24, 1912, ch 390, 11, 37 Stat. 568; Feb. 28, 1920, ch. 91, § 409. 41 Stat. 483; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543. Feb. 4, 1887, ch. 104, 24 Stat. 379, §§ 217(b) (less proviso), (d), 218(a) (3d sentence, 7th sentence less proviso, and 7th sentence proviso related to relief); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 560; Sept. 18, 1940, ch. 722, §§ 22, 23(a), 54 Stat. 925; Aug. 13, 1957, Pub. L. 85-124, §§ 1(2), (4), 71 Stat. 343. Feb. 4, 1887, ch. 104, 24 Stat. 379, 306(c) (less proviso), (d) (1st sentence), (e) (3d sentence, 7th sentence less proviso, and 7th sentence proviso, related to relief); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 936. Feb. 4, 1887, ch. 104, 24 Stat. 379, 405(c) (less proviso), (e); added May 16, 1942, ch. 318, § 1, 56 Stat. 287.

The section consolidates and restates the source provisions for clarity.

In subsection (a), the words "Except as provided in this subtitle" are made applicable to all types of carriers although those words do not appear in 49:1005(e) for consistency. The word "transportation" is substituted for "service" in view of the definition of "transportation" in section 10102 of the revised title, but the word "service" is retained when referring to a freight forwarder for consistency. The words "a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title" are inserted to conform to the revised title. The word “provide” is substituted for "participate" in 49:6(7) and "engage" in 49:317(d), 318(d), 906(d), (e), and 1005(e) for consistency. The words "contained in a tariff that is in effect under this subchapter" are substituted for "filed and published in accordance with the provisions of this chapter" in 49:6(7) and for "published, filed, and posted" in 49:318(a) and 906(e) for clarity. The word “lawfully" in 49:1005(c) is omitted as surplus. The words "charge or receive" are substituted for "charge", "receive", "demand", and "collect" to eliminate redundancy. The words "of passengers or property" are omitted as surplus. The words "between the points named in such tariffs" in 49:6(7) are omitted in view of the restatement. The word "different" is substituted for "greater" and "less" and is made applicable to motor and water carriers for clarity in view of the restatement. The words "whether by" are added for clarity. The words "returning a part of that rate" are substituted for "refund or remit in any manner" for clarity. The words "giving a person" are substituted for “extend to any shipper or person" for clarity. The words "allowing the use of" are added for clarity. The words "that affects the value of that transportation or service" are inserted for clarity. The words "directly or indirectly or through any agent or broker or otherwise" in 49:317(b), "special services" in 49:318(a), and "from the charges filed in accordance with this subsection, as affected by any rule, regulation, or practice so filed" in 49:318(a) are omitted as unnecessary in view of the restatement. The words "or less than the minimum rate or charge as may be prescribed by the Commission from time to time" are omitted as surplus in view of the restatement of 49:318(a) and in view of section 10704(c) of the revised title. The words "by means of a change in the terms and conditions of any contract, charter, agreement, or undertaking" in 49:906(e) are omitted as unnecessary in view of the restatement.

In subsection (b), the words "from subsection (a) of this section" are substituted for "from the provisions of this paragraph" in 49:318(a) and "from the provisions of this subsection" in 49:906(e) to conform to the revised title. The words "to such extent and for such time, and in such manner as in its judgment" are omitted as unnecessary in view of the restatement. The words "may begin a proceeding under this subsection" are substituted for "after hearing" in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words "on application" are substituted for "may apply to" for clarity. The word "group" is substituted for "any class or group" as being more inclusive. The words "for good cause shown" in 49:906(e) (7th sentence proviso) are omitted as surplus in view of the specific criteria imposed by that section.

AMENDMENTS

1980-Subsec. (c). Pub. L. 96–296 added subsec. (c).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10707, 10751, 10925, 11901 of this title.

§ 10762. General tariff requirements

(a)(1) A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (except a motor common carrier) shall publish and file with the Commission tariffs containing the rates and (A) if a common carrier, classifications, rules, and practices related to those rates, and (B) if a contract carrier, rules and practices related to those rates, established under this chapter for transportation or service it may provide under this subtitle. A motor common carrier shall publish and file with the Commission tariffs containing the rates for transportation it may provide under this subtitle. The Commission may prescribe other information that motor common carriers shall include in their tariffs. A motor contract carrier that serves only one shipper and has provided continuous transportation to that shipper for at least one year or a motor carrier of property providing transportation under a certificate to which the provisions of section 10922(b)(4)(E) of this title apply or under a permit to which the provisions of section 10923(b)(5) of this title apply may file only its minimum rates unless the Commission finds that filing of actual rates is required in the public interest.

(2) Carriers that publish tariffs under paragraph (1) of this subsection shall keep them open for public inspection. A rate contained in a tariff filed by a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 shall be stated in money of the United States. A tariff filed by a motor or water contract carrier or by a freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of that chapter, respectively, may not become effective for 30 days after it is filed.

(b)(1) The Commission shall prescribe the form and manner of publishing, filing, and keeping tariffs open for public inspection under this section. The Commission may prescribe specific charges to be identified in a tariff published by a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter, but those tariffs must identify plainly

(A) the places between which property and passengers will be transported;

(B) terminal, storage, and icing charges (stated separately) if a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter;

(C) terminal charges if a common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter III or IV of that chapter;

(D) privileges given and facilities allowed;

and

(E) any rules that change, affect, or determine any part of the published rate.

(2) A joint tariff filed by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of that chapter shall identify the carriers that are parties to it. The carriers that are parties to a joint tariff, other than the carrier filing it, must file a concurrence or acceptance of the tariff with the Commission but are not required to file a copy of the tariff. The Commission may prescribe or approve what constitutes a concurrence acceptance.

or

(c)(1) When a common carrier providing transportation or service subject to the jurisdiction of the Commission (A) under subchapter I of chapter 105 of this title proposes to change a rate, or (B) under another subchapter of that chapter proposes to change a rate, classification, rule, or practice, the carrier shall publish, file, and keep open for public inspection a notice of the proposed change as required under subsections (a) and (b) of this section.

(2) When a contract carrier providing transportation subject to the jurisdiction of the Commission under subchapter II or III of chapter 105 of this title proposes to establish a new rate or to reduce a rate, directly or by changing a rule or practice related to the rate or the value of service under the rate, the carrier shall publish, file, and keep open for public inspection a notice of the new or reduced rate as required under subsections (a) and (b) of this section.

(3) A notice filed under this subsection shall plainly identify the proposed change or new or reduced rate and indicate its proposed effective date. In the case of a carrier other than a rail carrier and motor common carrier of passengers with respect to special or charter transportation, a proposed rate change or a new or reduced rate may not become effective for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section. In the case of a rail carrier, a proposed rate change resulting in an increased rate or a new rate shall not become effective for 20 days after the notice is published and a proposed rate change resulting in a reduced rate shall not become effective for 10 days after the notice is published, except that a contract authorized under section 10713 of this title shall become effective in accordance with the provisions of such section. In the case of a motor common carrier of passengers, a proposed rate change resulting in an increased rate or a new rate applicable to special or charter transportation shall not become effective for 30 days after the notice is published, and a proposed rate change resulting in a reduced rate applicable to special or charter transportation shall not become effective for 10 days after the notice is published.

(d)(1) The Commission may reduce the notice period of subsections (a) and (c) of this section if cause exists. The Commission may change the other requirements of this section if cause exists in particular instances or as they apply to special circumstances.

(2) The Commission may prescribe regulations for the simplification of tariffs by carriers

providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title and permit them to change rates, classifications, rules, and practices without filing complete tariffs that cover matter that is not being changed when the Commission finds that action to be consistent with the public interest. Those carriers may publish new tariffs that incorporate changes or plainly indicate the proposed changes in the tariffs then in effect and kept open for public inspection. However, the Commission shall require that all rates of rail carriers and rail rate-making associations be incorporated in their individual tariffs by the end of the 2d year after initial publication of the rate, or by the end of the 2d year after a change in a rate becomes effective, whichever is later. The Commission may extend those periods if cause exists, but if it does, it must send a notice of the extension and a statement of the reasons for the extension to Congress. A rate not incorporated in an individual tariff as required by the Commission is void.

(e) The Commission may reject a tariff submitted to it by a common carrier under this sec tion if that tariff violates this section or regula. tion of the Commission carrying out this section.

(f) The Commission may grant relief from this section to contract carriers when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers and on its own initiative for a water contract carrier or group of water contract carriers.

(g) The Commission shall streamline and simplify, to the maximum extent practicable, the filing requirements applicable under this sec tion to motor common carriers of property with respect to transportation provided under certificates to which the provisions of section 10922(b)(4)(E) of this title apply and to motor contract carriers of property with respect to transportation provided under permits to which the provisions of section 10923(b)(5) of this title apply.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96-296, § 5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96-448, title II, § 216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97-261, § 12(b), Sept. 20, 1982, 96 Stat. 1113.)

10762(a).... 49:6(1) (1st and 2d sentences, and 3d sentence related to

classifications).

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, §6(1), (3), (4), (6), and (9), 24 Stat. 380; Mar. 2, 1889. ch. 382, 1, 25 Stat. 855; restated June 29, 1906, ch. 3591, 2, 34 Stat. 586; June 18, 1910, ch. 309, $9. 36 Stat. 548; Aug. 24, 1912, ch 390, 11, 37 Stat. 568; Feb. 28, 1920, ch. 91, §§ 409, 410, 41 Stat. 483: Aug. 9, 1935, ch. 498, 1, 49 Stat. 543: Sept. 18, 1940, ch. 722, 18. 54 Stat. 910; Feb. 5, 1976, Pub. L. 94-210, § 209, 90 Stat. 45.

49:317(a) (less 1st

and 2d sentences,

sentence, 2d

sentence

1st-10th,

23d-26th, and

51st-84th words),

(b) (1st

sentence).

10762(d)

(1).

10762(d)

(2).

before 1st

proviso).

(9).

and 3d sentence less 1st-29th words).

49:906(b) (less 1st

sentence and 2d

sentence, 1st cl.). 49:1005(b) (less 1st sentence and 2d sentence, 1st cl.).

10762(f)..... 49:318(a) (7th

sentence proviso, related to relief). 49:906(e) (7th sentence proviso, related to relief).

The section consolidates and restates the source provisions for clarity. The word "tariff" is substituted for "tariffs" and "schedules" for consistency and in view of the definition of “tariff” in section 10102. The word "rate" is substituted for "rates, fares, and charges" for consistency in view of the definition of "rate" in section 10102 of this title. The word "rules" is substituted for "rules, and regulations" for consistency when referring to a carrier. The word "service" is retained for consistency when referring to a freight forwarder. The word "transportation" is substituted for "carried”, "handled", and "transportation and services connected therewith" for consistency in view of the definition of "transportation" in section 10102 of this title.

In subsection (a), the words "A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title" are inserted to conform the section to the revised title. The words “between different points on its own route and between points on its own route and points on the route of any other carrier" are omitted as unnecessary in view of the restatement. The words "If no joint rate over the through route has been established, the several carriers to such through route shall file the separately established rates... applied to the through transportation" and "of passengers or property in interstate or foreign commerce" in 49:317(a), 318(a), and 906(a) and (e) are omitted as unnecessary in view of the restatement. The word "classifications" is substituted for "classification of freight in force" in 49:6(1) for clarity and consistency. The words "has provided" are substituted for "having rendered" for clarity. The word "that" is substituted for "such" for consistency. The words "for at least" are substituted for "not less than" for clarity. The word "reasonable" is omitted in view of section 10701 of the revision. See also the revision note to section 10101 of the revised title. The word "only" is inserted for clarity. The words "after hearing" in 49:318(a) (2d sentence proviso) are omitted as unnecessary in view of subchapter II of chapter 5 of title 5. The word "lawful" in 49:317(a), 906(b), and 1005(b) is omitted as surplus. The words "may not become effective for 30 days" are substituted for "except after thirty days' notice" in 49:318(a), 906(e), and 1005(a) for clarity. The words "on the route of any common carrier by railroad... when a through route and joint rate shall have been established" are omitted as unnecessary in view of the restatement. The words "subject to this chapter" in 49:1005(a) are omitted as unnecessary in view of the restatement.

In subsection (b), the words "The Commission may prescribe specific charges to be identified in a tariff" are substituted for "all other charges which the Commission may require" for clarity. The words "must identify plainly" are substituted for "shall plainly state" for clarity. The words "a common carrier providing transportation or service subject to its jurisdiction under subchapter I, III, or IV of that chapter" are inserted to conform to the revised title. The word