The section restates the source provisions for clarity and to reflect the transfer to the Secretary of Transportation of the Commission's functions related to safety of operations. The words "Except as provided in section 11101(c) of this title" are substituted for "Subject to the provisions of subsection (f) of this section" to cite the corresponding revised subsection. The word "regulations" is omitted as unnecessary in view of subchapter II of chapter 103 of the revised title. The word "arrangement" is substituted for "leases, contracts, or other arrangements" to eliminate redundancy.

AMENDMENTS

1980-Pub. L. 96-296 designated existing provision as subsec. (a) and added subsec. (b).

§ 11108. Water carriers subject to unreasonable discrimination in foreign transportation

(a) The Interstate Commerce Commission may relieve a water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, from the requirements of this subtitle when a rate, rule, or practice established by a person providing water transportation to or from a port in a foreign country in competition with that carrier unreasonably discriminates against that carrier. The Commission may relieve that carrier to the extent and for the period of time necessary to end or ease the discrimination if the relief is in the public interest and consistent with the transportation policy of section 10101 of this title.

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

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421.) HISTORICAL AND REVISION NOTES

"rule" is substituted for "regulation" for consistency when referring to a carrier. The words "water carrier" are substituted for “common carriers by water or contract carriers by water" in view of the definition of "water carrier" in section 10102 of the revised title. The words "unreasonably discriminates" are substituted for "cause undue disadvantage" for consistency. See the revision note to section 10101 of the revised title. The words "by reason of such competition" are omitted as unnecessary in view of the restatement. The words "in such manner as in its judgment" are omitted to eliminate redundancy. The words "end or ease" are substituted for "avoid" or "lessen" for clar. ity.

In subsection (b) the words "The Commission may begin a proceeding under this section on its own initiative or on application" are substituted for "upon appli cation, or upon its own initiative without application" and "whenever it shall appear from complaint made to the Commission or otherwise" for clarity and consist ency.

§ 11109. Loading and unloading motor vehicles

(a) Whenever a shipper or receiver of proper. ty requires that any person who owns or oper ates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) be assisted in the loading or unloading of such vehicle, the shipper or receiv er shall be responsible for providing such assist. ance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

(b) It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle, except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act. (Added Pub. L. 96-296, § 15(a)(1), July 1, 1980, 94 Stat. 808.)

REFERENCES IN TEXT

The National Labor Relations Act, referred to subsec. (b), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see sec tion 167 of Title 29 and Tables.

Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act, referred to in subsec. (b), is act Mar. 23, 1932, ch. 90, 47 Stat. 70, as amended, which is classified generally to chapter 6 (§ 101 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 29 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11702, 11902a of this title.

§ 11110. Household goods carrier operations

(a)(1) The regulations and paperwork required of motor common carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be minimized to the maximum extent feasible consistent with the protection of individual shippers.

(2) The Interstate Commerce Commission may issue regulations, including regulations protecting individual shippers, in order to carry out this subtitle with respect to the transportation of household goods by motor common carrier.

(3) Regulations of the Commission protecting individual shippers shall include, where appropriate, reasonable performance standards for the transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. In establishing performance standards under this paragraph, the Commission shall take into account at least the following:

(A) the level of performance that can be achieved by a well-managed motor common carrier transporting household goods;

(B) the degree of harm to individual shippers which could result from a violation of the regulation;

(C) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;

(D) service requirements of the carriers; (E) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and

(F) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.

(4) Nothing in this section shall be construed to limit the Commission's authority to require reports from motor common carriers providing transportation of household goods or to require such carriers to provide specified information to consumers concerning their past perform

ance.

(b)(1) Every motor common carrier providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title may, upon request of a prospective shipper, provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Commission shall not prescribe specific formulas, forms, methods, or techniques for providing a prospective shipper with such an estimate. The Commission shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services, nor shall the Commission require the final charges to a shipper to be based on an estimate.

(2) Any charge for an estimate of charges provided by a motor common carrier to a shipper

for transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be subject to the antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12).

(c) The Commission shall issue regulations that provide motor carriers providing transportation of household goods subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title with the maximum possible flexibility in weighing shipments, consistent with assurance to the shipper of accurate weighing practices. The Commission shall not prohibit such carriers from backweighing shipments or from basing their charges on the reweigh weights if the shipper observes both the tare and gross weighings (or, prior to such weighings, waives in writing the opportunity to observe such weighings) and such weighings are performed on the same scale.

(Added Pub. L. 96-454, § 6(a)(1), Oct. 15, 1980, 94 Stat. 2015.)

"(1) Not later than sixty days after the date of enactment of this Act [Oct. 15, 1980), the Interstate Commerce Commission shall institute a rulemaking proceeding in which it shall review and revise all of its operational regulations pertaining to transportation of household goods to carry out the purposes of section 11110(a) of title 49, United States Code.

"(2) The Interstate Commerce Commission shall conclude the rulemaking proceeding required by this subsection within two hundred and seventy days after the date of enactment of this Act (Oct. 15, 1980].

"(3) To the maximum extent feasible, the provisions of this section, including the amendments made by this section [enacting this section], shall apply to rules and regulations pertaining to transportation of household goods for the United States Government issued by departments, agencies, and instrumentalities of the United States (other than the Interstate Commerce Commission), including rules and regulations established for the distribution of such traffic, to the same extent as such provisions apply to rules and regulations issued by the Interstate Commerce Commission."

§ 11111. Use of citizen band radios on buses

(a)(1) A motor carrier of passengers providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall allow the operator of any motor vehicle providing such transportation to temporarily install and operate a citizen band radio in such vehicle if the Secretary of Transportation issues a rule or regulation which recommends that operators of such vehicles be allowed to temporarily install and operate such radios in such vehicles.

(2) Citizen band radios installed and operated in motor vehicles providing transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be installed and operated in accordance with the guidelines established by the Secretary of Transportation under section

25(c) of the Bus Regulatory Reform Act of 1982.

(b) The Commission shall issue such regulations as it considers necessary to carry out this section.

(Added Pub. L. 97-261, § 25(d)(1), Sept. 20, 1982, 96 Stat. 1125.)

REFERENCES IN TEXT

Section 25(c) of the Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(2), is Pub. L. 97-261, § 25(c), Sept. 20, 1982, 96 Stat. 1124, which is set out as a note below.

EFFECTIVE DATE

Section effective the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title.

STUDY OF CITIZEN BAND RADIOS ON BUSES Section 25(a)-(c) of Pub. L. 97-261 provided that: "(a) The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the use of citizen band radios on motor vehicles providing transportation of passengers subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of title 49, United States Code, by the operators of such vehicles. Such study shall determine, at a minimum, the following:

"(1) the effect on safety if such operators are authorized to use such radios; and

"(2) the effect on safety, health, and convenience of the passengers of such vehicles if such operators are authorized to use such radios.

"(b) The Secretary of Transportation shall request the National Academy of Sciences to submit to the Secretary and the Congress, within one year after entering into arrangements with the National Academy of Sciences for conducting the study under subsection (a) of this section, a report on the results of such study along with its recommendations concerning whether operators of motor vehicles providing transportation of passengers should be allowed to use citizen band radios. The Secretary shall furnish to such Academy, at its request, any information which such Academy deems necessary for the purpose of conducting such study.

"(c) Not later than 60 days after the National Academy of Sciences submits its report to the Secretary of Transportation under subsection (b) of this section, the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether operators of motor vehicles providing transportation of passengers subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of title 49, United States Code, should be allowed to use citizen band radios in such vehicles. In making such determination, the Secretary of Transportation shall give substantial weight to the recommendations and conclusions of the National Academy of Sciences. Such rulemaking proceeding shall be completed not later than 120 days after such proceeding is commenced. If the Secretary issues a rule or regulation which recommends that operators of such vehicles be allowed to install temporarily and operate citizen band radios in such vehicles, the Secretary of Transportation shall issue regulations establishing guidelines for the use of such radios in such vehicles in order to ensure that the public safety is adequately protected."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11702 of this title.

SUBCHAPTER II-CAR SERVICE

§ 11121. Criteria

(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Commission may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service. The Commission may begin a proceeding under this paragraph when an interested person files an application with it. The Commission may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that

(A) providing the facilities or equipment will not materially and adversely affect the ability of the carrier to provide safe and adequate transportation;

(B) the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recov ered; and

(C) providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital.

(2) The Commission may require a rail carrier to

(A) file its car service rules with the Com. mission; and

(B) incorporate those rules in its tariffs. (b) The Commission may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123-11125, 11127, and 11128(a)(1) of this title.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96-258, § 1(11), June 3, 1980, 94 Stat. 426.)

49:1(11), (13).

Feb. 4, 1887, ch. 104, §1(11),

11121(b).... 49:1(17)(a) (1st sentence).

(13), 24 Stat. 379; June 29, 1906, ch. 3591, § 1, 34 Stat. 584; May 29, 1917, ch. 23, § 1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, § 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543. Feb. 4, 1887, ch. 104, 24 Stat. 379. 1(17)(a) (1st sentence); added Feb. 28, 1920, ch. 91, 402, 41 Stat. 477; Sept. 18, 1940, ch. 722, § 4(b), 54 Stat. 901.

In the first sentence of subsection (a), the word "shall" is substituted for "It shall be the duty of" in 49:1(11). The words "just", "regulations", and "is prohibited and declared to be unlawful" are omitted as surplus.

In the second sentence of subsection (a), the words "by general or special orders", "all", "any of", "from time to time", "regulations", "in its discretion", "show

This amends section 11121(a) by adding 49:1(14)(b) to the section.

The first sentence of subsection (a)(1) and all of subsection (a)(2) restate section 11121(a) of title 49 without change.

In the 2d, 3d, and last sentences of subsection (a)(1), the provision added by Public Law 95-607 is restated. The word "decides" is substituted for "finds" for accuracy. The 3d sentence is substituted for "upon the petition of an interested party" for consistency. The words "The Commission may only act after a hearing - on the record" are substituted for "after notice and hearing on the record" for clarity and to omit the reference to "notice" because it is unnecessary as section 554 of title 5 applies to the proceeding and because of the Due Process clause of the 5th Amendment. The words "as required by paragraph (11) of this section" are omitted because of the restatement. The words "on the evidence presented" are substituted for "if the evidence of record" for clarity. The word "services" is omitted as surplus because of the definition of "transportation" in section 10102 of the revised title. The words "amount spent" are substituted for "expenditure" for clarity.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-258 amended subsec. (a) generally, adding provisions authorizing the Commission to require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service, authorizing the Commission to begin a proceeding when an interested person files an application with it, and directing that the Commission may only act after a hearing on the record and an affirmative finding, based on the evidence presented, that providing the facilities or equipment will not materially and adversely affect the ability of the carrier to provide safe and adequate transportation, that the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recovered, and that providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital.

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

§ 11122. Compensation and practice

(a) The regulations of the Interstate Commerce Commission on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include

(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;

(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and (3) sanctions for nonobservance.

(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Commission shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96-448, title II, § 224(a), Oct. 14, 1980, 94 Stat. 1929.)

Revised Section

11122

49:1(14)(a).

Feb. 4, 1887, ch. 104, 24 Stat. 379, 1(14)(a); added May 29, 1917, ch. 23, § 1, 40 Stat. 101; Feb. 28, 1920, ch. 91, § 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 4(a), 54 Stat. 901; May 26, 1966, Pub. L. 89-430, 1, 80 Stat. 168; restated Feb. 5, 1976, Pub. L. 94-210, 212(a), 90 Stat. 46.

In subsection (a), the words "It is the intent of the Congress to" are omitted as surplus. The words "establish rules, regulations, and practices" are omitted in view of section 10321 of the revised title. The words "after notice and an opportunity for a hearing" are omitted as surplus in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words "by common carriers by railroad subject to this chapter" are omitted as unnecessary in view of chapter 105 and section 11121 of the revised title.

In subsection (a)(2), the words "freight car" are added for consistency. The words "penalties or other" are omitted as surplus.

In subsection (b)(1), the words "shall consider" are substituted for "shall give consideration" for clarity. In subsection (b)(2), 49:1(14)(a) (5th sentence) is restated for clarity and consistency.

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-448 substituted "The rate" for "(1) The rate" and struck out par. (2), which authorized the Commission to increase a rate of compensation by an incentive element when the Commission found that the supply of a type of freight car was inadequate and that the incentive element would compensate freight car owners, contribute to sound car service practices, and encourage the acquisition and maintenance of a car supply adequate to meet the needs of commerce and national defense and permitted the Commission to exempt the incentive element from the compensation when the Commission found the exemption in the national interest.

§ 11123. Situations requiring immediate action

(a)(1) When the Interstate Commerce Commission finds that a shortage of equipment, congestion of traffic, or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days

(A) suspend any car service rule or practice; (B) take action during the emergency to promote service in the interest of the public and of commerce regardless of the ownership (as between carriers) of a locomotive, car, or other vehicle on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section;

(C) require joint or common use of facilities, on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section, when that action will best meet the emergency and serve the public interest; and

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

(2) The Commission may extend any action taken under paragraph (1) of this subsection beyond the thirty-day period provided in such paragraph only if the full Commission, after a hearing, certifies that a transportation emergency exists.

(3) In carrying out the provisions of this subsection, the Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with the traffic subject to the action of the Commission.

(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 carriers do not agree on terms of compensation under subsection (a)(2) of this section or on terms for joint or common use of terminals under subsection (a)(3) of this section, the Commission may establish for them in a later proceeding terms of compensation the Commission finds to be reasonable.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1422; Pub. L. 96-448, title II, § 226, Oct. 14, 1980, 94 Stat. 1930.)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 1(15) (related to car service less last sentence); added May 29, 1917, ch. 23, § 1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, § 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543.

In subsection (a), before clause (1), the words "When . . . considers" are substituted for "Whenever... is of the opinion" for clarity. The word "may" is substitut ed for "shall have, and it is given, authority" to conform to the style of the revised title.

In subsection (a)(1), the word "regulations" is omitted as surplus.

In subsection (a)(2), the words "take action" are substituted for "make such just and reasonable directions" for clarity.

In subsection (a)(4), the words "at such time and for such period as it may determine, and to modify, change, suspend, or annul them" are omitted as surplus.

Subsection (b) restates the procedural requirements for emergency action for clarity. The word "applica tion" is substituted for "complaint" for consistency.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-448 designated existing provision as par. (1), and in par. (1) as so designated, substituted “Commission finds" for "Commission considers" and "or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days" for "or other emergency requiring immediate action exists in a section of the United States, the Commission may", redesignated former pars. (1) to (4) as subpars. (A) to (D) of par. (1) as so designated, respectively, and in subpar. (C) as so redesignated, substituted "facilities" for "terminals, including mainline tracks for a reasonable distance outside of those terminals", and added pars. (2) and (3).

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 10713, 11121, 11126, 11128, 11901 of this title.

§ 11124. Rerouting traffic on failure of rail carrier to serve the public

(a) When the Interstate Commerce Commis sion considers that a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title cannot transport the traffic offered to it in a manner that properly serves the public, the Commission may direct the han dling, routing, and movement of the traffic of that carrier and its distribution over other railroad lines to promote commerce and service to the public. Subject to subsection (b)(2) of this section, the carriers may establish the terms of compensation between themselves.

(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under