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TITLE 49-TRANSPORTATION

"given" is substituted for "granted" for consistency. The words "A joint tariff . . . shall identify the carriers that are parties to it" are substituted for "The names of the several carriers which are parties to any joint tariff shall be specified therein" in 49:6(4) for clarity. The 4th and 5th sentences of 49:6(1) are omitted as obsolete and unnecessary in view of the restatement.

Subsection (c) is divided into paragraphs to preserve the existing distinctions applicable to the different types of carriers. The words "When a ... . . carrier.. proposes to" are inserted for clarity. The words "the carrier shall publish, file, and keep open for public inspection a notice . . . as required under subsections (a) and (b) of this section" are substituted for "published as aforesaid" for clarity. The words "A notice shall plainly identify" are substituted for "which shall plainly state" for clarity. The words "the proposed change... and indicate its proposed effective date" are substituted for "the changes proposed to be made in the schedule then in force and the time when the changed rates. . . will go into effect" for clarity. The words "for 30 days after the notice is published, filed, and held open as required under subsections (a) and (b) of this section" are substituted for "except after thirty days' notice" for clarity.

In subsection (d), the words "The Commission may reduce the 30-day period of subsections (a) and (c) of this section" are substituted for "the Commission may

...

allow changes upon less than the notice herein specified" for clarity. The words "in its discretion" are omitted as surplus. The words "change the other requirements of this section" "modify the requirements of this section in respect to are substituted for publishing, posting, and filing of tariffs" for clarity. The words "in particular instances or as they apply to special circumstances" are substituted for "either in particular instances or by a general order applicable to special or peculiar circumstances or conditions" because of the general authority to prescribe regulations under section 10321(a) of the revised subtitle. The words "may prescribe regulations for the simplification of tariffs by" are substituted for "is hereby authorized to make suitable rules and regulations for the simplification of schedules" in 49:6(3) for clarity. The words "carriers providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title" are inserted to conform to the revised title. The words "permit them to change rates, . . . without filing complete tariffs that cover matter that is not being changed" are substituted for "to permit in such rules... the filing of an amendment of or change in any rate, . . . without filing complete schedules covering rates, not changed" in 49:6(3) for clarity. The words "Those carriers may publish" are inserted for clarity. The words "new tariffs that incorporate changes or plainly indicate the proposed changes on the tariffs then in effect" are substituted for "the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time" in 49:6(3) for clarity. The words "beginning 2 years after February 4, 1976" in 49:6(6) are omitted as executed. The words "rail carriers" are substituted for "common carrier by railroad" in 49:6(6) for consistency. The words "subject to this chapter" in 49:6(6) are omitted as unnecessary in view of the restatement. The words "becomes effective" are substituted for "is approved" in 49:6(6) for clarity. The word "void" is substituted for "null and void" in 49:6(6) to eliminate redundancy. The words "of time" in 49:6(6) are omitted as surplus. The words "for the extension" are substituted for "therefore" in 49:6(6) for clarity. The word "send" is substituted for "shall be promptly transmitted" in 49:6(6) for clarity.

...

In subsection (e), the word "may" is substituted for "is authorized" for clarity. The word "submitted" is substituted for "filed" and for the text of 49:6(9) for clarity. The words "under this section" are inserted for clarity. The word "violates" is substituted for "which is not in accordance" for clarity. The words

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"Any schedule so rejected by the Commission shall be void and its use shall be unlawful" are omitted as unnecessary in view of the restatement.

In subsection (f), the words "from 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 unnec essary in view of the restatement. The words "may begin a proceeding under this subsection" are substi tuted for "after hearing" in view of 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 "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

1982-Subsec. (c)(3). Pub. L. 97-261 inserted "and motor common carrier of passengers with respect to special or charter transportation" after "In the case of a carrier other than a rail carrier", and added provi sion that, 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 ef fective for 10 days after the notice is published.

1980-Subsec. (a)(1). Pub. L. 96-296, § 5(c)(1), inserted provision authorizing a motor carrier of property providing transportation under a certificate to which section 10922(b)(4)(E) of this title applies or a permit to which section 10923(b)(5) of this title applies to file only its minimum rates unless the Commission finds filing of actual rates required in the public interest.

Subsec. (c)(3). Pub. L. 96-448, § 216(a), substituted "In the case of a carrier other than a rail carrier, a proposed" for “A proposed” and inserted provision specifying, in the case of a rail carrier, the notice period prior to a proposed rate change becoming effec tive.

Subsec. (d)(1). Pub. L. 96-448, § 216(b), substituted "notice period" for "30-day period". Subsec. (g). Pub. L. 96-296, § 5(c)(2), added subsec. (g).

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L 97-261, set out as a note under section 10101 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10705a, 10708, 10730, 10734, 10764, 10765, 10925, 11901 of this title:

title 43 section 942-1.

§ 10763. Designation of certain routes by shippers or Interstate Commerce Commission

(a)(1) When a person delivers property to a rail carrier for transportation subject to the ju risdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, the person may direct the carrier to trans port the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the prop

erty may designate the lines over which the property will be transported. The designation must be in writing. A carrier may be directed to transport property over a particular through route when

(A) there are at least 2 through routes over which the property could be transported;

(B) a through rate has been established for transportation over each of those through routes; and

(C) the carrier is a party to those routes and rates.

(2) A carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting carrier, that carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding carrier or consignee according to the instructions.

(b) If no direction is made under subsection (a) of this section, the Commission may designate the route over which the property may be transported after arrival at the end of the route of one carrier or at a junction with the route of another carrier when the property is to be delivered to another carrier for further transportation. The Commission may act under this subsection when the public interest and a fair distribution of traffic require that action.

(c) The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1396.) HISTORICAL AND REVISION NOTES

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In the section, the word "person" is substituted for "the person, firm, or corporation" and for "shipper" as being more inclusive.

In subsection (a)(1), the word "When" is substituted for "In all cases where" for clarity. The word "may" is substituted for "shall have the right" for clarity. The words "to a rail carrier for transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title," are substituted for "any railroad corporation being a common carrier for transportation subject to the provisions of this chapter" to conform to the revised title. The words "over an established through route" are substituted for "by which of such through routes such property shall be transported to destination" for clarity. The words "rail lines" are substituted for "lines of railroad" for consistency. The words "in all instances" are omitted as surplus.

In subsection (a)(1)(A), the words "there are at least 2 through routes over which the property could be

transported" are substituted for "for transportation to any point of destination, between which and the point of such delivery for shipment two or more through routes . . . shall have been established as in this chapter provided" for clarity.

In subsection (a)(1)(C), the words "the carrier is a party to those routes and rates" are substituted for "provided to which through routes and through rates such carrier is a party" for clarity.

In subsection (a)(2), the words "A carrier directed to route property" are substituted for "of the initial carrier" for clarity. The word "must" is substituted for "it shall thereupon be the duty" to reflect the condition precedent. The word "said" is omitted as surplus. The words "containing the routing instructions" are added for clarity and in view of their subsequent use in the proviso. The words "transport the property according to the instructions" are substituted for "to route said property... and to transport said property over its own line or lines and" for clarity. The words "When the property is delivered to a connecting carrier, that carrier must" are substituted for "deliver the same to a connecting line or lines according to such through route, and it shall be the duty of each of said connecting carriers" for clarity.

In subsection (b), the words "If no direction is made under subsection (a) of this section" are substituted for "With respect to traffic not routed by the shipper" for consistency. The words "may be transported" are substituted for "shall take" for clarity. The words "end of the route" are substituted for "terminus" for clarity. The words "another carrier for further transportation" are substituted for "there delivered to another carrier" for clarity.

In subsection (c), the words "The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section" are substituted for "subject to such exceptions and regulations as the Interstate Commerce Commission shall from time to time prescribe" for clarity.

§ 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

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10764(a).... 49:6(5).

49:320(a) (3d sentence).

49:913(b) (1st sentence).

49:1012(a) (last sentence).

10764(b).... 49:320(a) (less 1st,

2d, and 3d sentences). 49:913(b) (less 1st sentence).

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.

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.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 313(b); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 944.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 412(a) (last sentence); added May 16, 1942, ch. 318, 1, 56 Stat. 294.

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.

§ 10765. Water transportation under arrangements with certain other carriers

(a) The Interstate Commerce Commission may require a common carrier providing trans. portation or service subject to its jurisdiction under chapter 105 of this title that makes an arrangement with a water carrier (whether or not subject to its jurisdiction under this subtitle) providing transportation from a port in the United States to another country for the through transportation of property from a place in the interior of the United States to another country to make similar arrangements with steamship lines that provide transportation from that port to that country.

(b) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title that transports property from a place in the United States through another country to a place in the United States shall publish and keep open for public inspection tariffs as required under section 10762 of this title. The tariffs shall identify the through rate established for that transportation to the United States from another country to which the carrier accepts property for shipment from the United States. Unless the through rates are available for public inspection under that section, the property is subject to customs duties applicable to property produced in another country before the property may be admitted to the United States.

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

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Feb. 4, 1887, ch. 104, 6(2),

10765(a).... 49:6(12).

10765(b).... 49:6(2).

(12), 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. 39 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(d), 54 Stat. 910.

In subsection (a), the words "a common carrier providing transportation or service subject to its jurisdic tion under chapter 105 of this title" are substituted for "any common carrier subject to this Act" to con form to the revised title. The words "by order" are omitted as unnecessary in view of the restatement. The word "place" is substituted for "points" for clar ity. The words "transportation" is substituted for “handling of... business" in view of the definition of "transportation" in section 10102 of this title. The words "steamship lines" are substituted for "any or all

other lines of steamships" for clarity. The words "that provide transportation from that port to that country" are substituted for "operating from said port to the same foreign country" for clarity.

In subsection (b), the words "A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title" are substituted for "Any common carrier subject to the provisions of this chapter" to conform to the revised title. The word "property" is substituted for "freight" for consistency. The words "at every depot or office where such freight is received for shipment" are omitted as unnecessary in view of section 10762 of the revised title. The words "Unless the through rates are available for public inspection" are substituted for "the through rate on which shall not have been made public, as required by this chapter" for clarity. The words "the property is subject to customs duties applicable to property produced in another country before the property may be admitted to the United States" are substituted for "before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production" for clarity. The words "as if" are omitted as surplus.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11901 of this title.

§ 10766. Freight forwarder traffic agreements

(a) A freight forwarder providing service subject to the jurisdiction of the Interstate Commerce Commission under subchapter IV of chapter 105 of this title may agree with another freight forwarder to load traffic jointly between places served under this subtitle. However, the Commission may cancel, suspend, or require changes in the agreement when the Commission finds the agreement is inconsistent with the transportation policy of section 10101 of this title.

(b) A freight forwarder providing service subject to the jurisdiction of the Commission under that subchapter may contract with motor common carriers, and motor contract carriers of property, providing transportation subject to the jurisdiction of the Commission under subchapter II of that chapter, to provide transportation for the forwarder. A copy of that contract must be filed with the Commission. The contract may govern use by the freight forwarder of the services and instrumentalities of the motor common carrier or the motor contract carrier of property and the compensation to be paid for the transportation. However, the parties to a contract must establish reasonable conditions and compensation that are consistent with the transportation policy of section 10101 of this title and do not unreasonably discriminate against a party or another freight forwarder. When the Commission finds that a contract, or its conditions or compensation, under this subsection is or will be inconsistent with this subsection, the Commission shall prescribe consistent conditions and compensation.

(c) The Commission may begin a proceeding under this section on its own initiative or on complaint.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1398; Pub. L. 96-296, § 10(d), July 1, 1980, 94 Stat. 801.)

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10766(a).... 49:1004(d) (less words between 4th and 5th commas).

10766(b).... 49:1009(a), (b) (less 2d sentence 1st-10th words). 10766(c)..... 49:1004(d) (words between 4th and 5th commas). 49:1009(b) (2d

sentence 1st-10th words).

Feb. 4, 1887, ch. 104, 24 Stat. 379, §§ 404(d), 409; added May 16, 1942, ch. 318, § 1, 56 Stat. 287, 290; Nov. 12, 1943, ch. 299, §§ 1, 2, 57 Stat. 590; May 16, 1945, ch. 128, 1, 59 Stat. 169; Feb. 20, 1946, ch. 32, § 1, 60 Stat. 21; restated Dec. 20, 1950, ch. 1140, § 2, 64 Stat. 1114.

In subsection (a), the word "may" is substituted for "Nothing in this chapter shall be construed to prohibit" for clarity. The word "agree" is substituted for "entering into an agreement" for clarity. The words "places served under this subtitle" are substituted for "points in transportation subject to this chapter" for clarity. The word "However" is substituted for "except that" for clarity. The word "changes" is substituted for "modification" for clarity.

In subsection (b), the word "may" is substituted for "Nothing in this Act shall be construed to prevent" for clarity. The words "contract with" are substituted for "entering into or continuing . . . under contracts" for clarity. The words "Provided, That" and "And provided further, That" are omitted as surplus. The words "parties to a contract must" are substituted for "in the case of such contracts it shall be the duty of the parties thereto" for clarity. The words “just and equitable" are omitted as surplus. The words "unreasonably discriminate against a party" are substituted for "unduly prefer or prejudice any of such participants" for clarity and as being more inclusive. See the revision note to section 10101 of the revised title. The words "When a contract under this subsection governs" are substituted for "in the case of" for clarity. The words "where such line-haul transportation is" are omitted as unnecessary. The words "at least 450 highway miles" are substituted for "of four hundred and fifty highway miles or more" for clarity. The words "the compensation paid . . . under the contract may not be less" are substituted for "such contracts shall not permit payment . . . of compensation which is lower than" for clarity. The word "rate" is substituted for "rates or charges" in view of the definition of "rate" in section 10102 of the revised title. The words "under this chapter" are substituted for "under chapter 8 of this title" in view of the restatement. The words "in accordance with such reasonable rules and regulations as the Commission shall prescribe" are omitted as unnecessary in view of section 10321 of the revised title giving the Commission the power to carry out the subtitle and to prescribe regulations. The word "finds" is substituted for "is the opinion" in view of subchapter II of chapter 5 of title 5.

In subsection (c), the word "proceeding" is substituted for "hearing" in view of subchapter II of chapter 5 of title 5. The words "may begin . . . on its own initiative or on application" are made applicable to 49:1004(d) for clarity and consistency.

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-296 inserted ", and motor contract carriers of property," following "motor common carriers" and "or the motor contract carrier of property" following "motor common carrier" and struck out provision requiring that when a contract under this subsection governed line-haul transporta

tion of property for a total distance of at least 450 highway miles in truckload lots between concentration and break-bulk places, the compensation paid to a motor common carrier could not be less than the rate for that transportation established under this chapter.

SUBCHAPTER V-VALUATION OF

PROPERTY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 11901 of this title; title 26 section 185; title 45 sections 1204, 1207.

§ 10781. Investigation and report by Interstate Commerce Commission

(a) The Interstate Commerce Commission shall investigate, establish, and report the value of all property owned or used by each carrier providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title, except a street, suburban, or interurban electric rail carrier not operated as a part of a general railroad system of transportation. However, the Commission may investigate, establish, and report the value of property owned or used by such an electric rail carrier when the Commission decides that action is desirable in the public interest. When the Commission makes an investigation required to be made under this section, it must

(1) inventory and list the property of that carrier in detail;

(2) indicate the value established under section 10782 of this title for that property; and

(3) classify the physical property under classifications that conform, as nearly as practicable, to the classification of expenditures prescribed by the Commission for railroads and equipment.

(b) Except as provided in subsection (a) of this section, the Commission may prescribe

(1) the procedure to be followed when conducting an investigation under this subchapter;

(2) the form in which to submit the results of the valuation; and

(3) the classification of the elements that make up the established value.

The report for each investigation conducted under this subchapter shall indicate the value of the property of each common carrier as a whole and separately identify the value of its property in each State and territory and possession of the United States in which the property is located.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1398.) HISTORICAL AND REVISION NOTES

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In subsection (a), the word "establish" is substituted for "ascertain" as being more appropriate. The word "each" is substituted for "every" for clarity. The words "providing transportation subject to its jurisdic tion under subchapter I of chapter 105 of this title" are substituted for "subject to the provisions of this chapter" to conform to the revised title. The words "rail carrier" are substituted for "railway" for consistency. The words "in its discretion" are omitted as sur. plus. The words "subject to the provisions of this chapter" in 49:19a(a) (1st sentence 2d clause) are omitted as unnecessary in view of the restatement of that section. The word "decides" is substituted for "in its judgment" for consistency. The words "When the Commission makes an investigation required to be made under this section" are substituted for "subject to the exception hereinbefore provided for in the case of electric railways" for clarity. The word "indicate" is substituted for "show" for clarity. The words "value established under section 10782 of this title" are substituted for "value . . . as hereinbefore provided" as being more precise.

In subsection (b), the cross reference to subsection (a) is substituted for "herein otherwise provided" for clarity. The words "Commission may" are substituted for "the Commission shall have the power to" for clar. ity. The words "method of" are omitted as surplus. The words "when conducting" are substituted for "in the conduct of the" to reflect the continued applica. bility of 49:19a. The words "to submit" are substituted for "shall be submitted" for clarity. The word "established" is substituted for "ascertained" for consistency. The words "The report for" are inserted for clar. ity. The words "territory and possession" are substi tuted for "Territories" for consistency. The words "classified and in detail as herein required" are omitted as surplus.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10782 of this title.

§ 10782. Requirements for establishing value

(a) In carrying out an investigation of a common carrier required under section 10781 of this title, the Interstate Commerce Commission shall

(1) establish, for each piece of property except land owned or used by the carrier as a common carrier, the original cost to date, cost of reproduction new and cost of reproduction less depreciation, and analyze the methods used to establish those costs and the reasons for differences among them;

(2) establish other values, and elements of value, of that property and analyze the methods used to establish them and the reasons for differences between them and the cost values established under clause (1) of this subsection;

(3) establish separately from improvements, the original cost on the date of dedication to public use, of all lands, rights of way, and ter minals owned or used by the carrier as a common carrier and establish their current value;

(4) identify property not held by the carrier as a common carrier, its original cost, and current value and analyze the methods of valua tion used;

(5) establish the amount and value of assistance or grant of right of way made to the carrier, or to a previous corporation that operat ed its property, by the United States Govern

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