unnecessary in view of the general power of the Commission to prescribe regulations to carry out this subtitle in section 10321. The last sentence is substituted for "and only upon the submittal of such a quotation or tender made pursuant to an agreement approved by the Commission under section 5b or section 5c shall the provisions of paragraph (9) of such section 5b or paragraph (8) of such section 5c apply" for clarity in view of section 10706 of the revised title. The words "(a) was made prior to August 31, 1957, or (b) is on or after August 31, 1957, made" are omitted as executed. The 3d sentence of 49:22(2) is omitted as unnecessary in view of section 10303(b) of the revised title.

In subsection (c), the words "A different policy . . . may not be applied to" are substituted for "In the application of the provisions of this chapter . . . no different policy... shall be applied" as being more precise.

AMENDMENTS

1980-Subsec. (b)(1). Pub. L. 96-454, § 10(b)(1), added provision that rates for the transportation of household goods for the United States Government shall not be predatory.

Subsec. (b)(3). Pub. L. 96-454, § 10(b)(2), added par. (3).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11126, 11905 of this title; title 31 section 3726; title 45 section 546.

8 10722. Special passenger rates

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may establish mileage, excursion, and commutation passenger rates including joint interchangeable 5,000 mile passenger rates with the privilege of carrying an amount of baggage without charge for at least 1,000 miles. A carrier that establishes a rate under this subsection may issue tickets reflecting that rate. A carrier that establishes a joint interchangeable 5,000 mile passenger rate shall also establish rules related to that rate specifying the amount of baggage that may be carried without charge under it.

(b) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may establish reduced rates for individuals when the cost of that transportation is an expense of an individual who

(1) is a member of the armed forces of the United States or another country when that individual is traveling in uniform on official leave, furlough, or pass; or

(2) has been released from the armed forces of the United States not more than 30 days before beginning that transportation and is traveling home or to a prospective place of abode.

(c) A common carrier providing transportation subject to the jurisdiction of the Commission under one of those subchapters may provide transportation without charge for an individual who is

(1) a necessary caretaker of livestock, poultry, milk, or fruit;

(2) an executive officer, general chairman, or counsel of an employee organization authorized to represent employees of that carrier under chapter 8 of title 45;

(B) "family" refers to the family of an individual named in clause (A) of this paragraph and includes the surviving spouse or minor child of an employee who died while employed by a carrier.

(2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title may provide transportation without charge for officers and employees (and their families) of that carrier, another carrier (by exchange of passes or tickets), or a telegraph, telephone, or cable company. A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter may provide services related to movement of property for those individuals without charge. However, transportation of, or service provided for, household goods must be due to a change in the place of employment of an officer or employee while employed by that carrier.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1384; Pub. L. 97-261, § 29(a), (b), Sept. 20, 1982, 96 Stat. 1128.)

10722(a).... 49:22(1) (1st

sentence
(77th-86th words
and 2d proviso),
2d, 3d, and 4th
sentences).

49:317(b) (proviso).

49:906(c) (proviso).

Feb. 4, 1887, ch. 104, § 22(1) (1st sentence (77th-86th words, words between 2d and 5th semicolons, and 2d proviso), 2d, 3d, and 4th sentences), 24 Stat. 387; Mar. 2, 1889, ch. 382, § 9, 25 Stat. 862; Feb. 8, 1895, ch. 61, 1, 28 Stat. 643; Aug. 18, 1922, ch. 280, § 1, 42 Stat. 487; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; Sept. 27, 1944, ch. 423, § 1, 58 Stat. 751. Feb. 4, 1887, ch. 104, 24 Stat. 379. § 217(b) (proviso); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 560; Sept. 18, 1940, ch. 722, § 22(e), 54 Stat. 925.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 306(c) (proviso); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 936.

Feb. 4, 1887, ch. 104, 24 Stat. 379, §1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st-18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos); added June 29, 1906, ch. 3591, 1, 34 Stat. 584; Apr. 13, 1908, ch. 143, § 1, 35 Stat. 60; restated June 18, 1910, ch. 309, §7, 36 Stat. 546; Feb. 28, 1920, ch. 91, 401, 41 Stat. 475; June 19, 1934, ch. 652, § 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 3, 54 Stat. 900; June 24, 1948, ch. 622, 1, 62 Stat. 602.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 405(c) (proviso); added May 16, 1942, ch. 318, 1, 56 Stat. 287.

In subsection (a), the text of the provisos in 49:317(b) and 906(c) is omitted in view of the restatement. The words "may establish" are inserted for clarity. In the first sentence, the word "rates" is substituted for "tickets" for clarity. The words "without charge" are substituted for "free" for clarity. The words "at least" are substituted for "or more" for clarity. The 2d, 3d, and 4th sentences of 49:22(1) are omitted as unnecessary in view of subchapter IV of chapter 107 and chapter 119 of the revised title.

In subsection (b), the provisos in 49:317(b) and 906(c) are omitted in view of the restatement of 49:22. The word "may" is substituted for "nothing . . . shall be construed to prohibit" for clarity. The word "establish" is substituted for "establishing by publication and filing in the manner prescribed" for clarity and consistency in view of subchapter IV of chapter 107 of the revised title. The words "is an expense of" are substituted for "their own" for clarity. The word "individual" is inserted for clarity. The word "member" is substituted for "personnel" as being more precise. The words "armed forces" are substituted for "armed services" to conform to title 10. The words "another country" are substituted for "foreign armed services" for clarity. The words "of those services" are omitted as surplus. The word "released" is substituted for "discharged, retired or released" to eliminate redundancy. The words "not more than" are substituted for "within" for consistency. The words "beginning that" are substituted for "commencement of such" for clarity.

In subsection (c), the words "employees on sleeping cars, express cars, and to linemen on telegraph and telephone companies" are omitted to eliminate redundancy in view of subsection (d) of the revised section. The word "working" is substituted for "duty" for clarity.

In subsection (d)(1), the words "In this subsection" are substituted for "as used in this paragraph" to conform to the revised title. The word "individual" is substituted for "persons" as being more precise. The words "was employed by that carrier" are substituted for "in the service of any such common carrier" for clarity. The words "the remains of a" are omitted as unnecessary. The word "reemployment" is substituted for "ex-employees traveling for the purpose of entering the service" for clarity. The words "refers to the family of an individual named in clause (A) of this paragraph" are substituted for "shall include families

of those persons named in this proviso, also the families of persons killed" for clarity. The words "during minority" are omitted as surplus. The words "while employed by" are substituted for "while in the service of" for clarity.

In subsection (d)(2), the words "A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of chapter 105 of this title" are inserted to conform the provisos of 49:317(b) and 49:306(c) to the revised title. The words "their families" are substituted for "the families of any of the foregoing" for clarity. The word "transportation" is substituted for "carriage, storage, or handling" for consistency. The words "time inspectors, surgeons, physicians, and attorneys at law" are omitted as included in "officers and employees". The words "A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of that chapter" are inserted to conform the proviso of 49:1005(c) to the revised title. The words "other personal effects" from 49:22(1) are omitted as surplus. The words "due to a change in the place of employment" are substituted for "necessarily be moved from one place to another as a result of a change in the place of employment" for clarity.

AMENDMENTS

1982-Subsec. (c)(4). Pub. L. 97-261, § 29(a), substi tuted "newspaper carrier" for "newsboy". Subsec. (d)(1)(B). Pub. L. 97-261, § 29(b), substituted "surviving spouse" for "widow".

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11126, 11905 of this title; title 31 section 3726; title 45 section 546. § 10723. Charitable purposes

(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may provide transportation without charge for

(A) an indigent or homeless individual (including an individual transported by a hospital, charitable organization, or municipal gov. ernment and the necessary agents employed in that transportation);

(B) an individual who is confined to or about to enter or return home after discharge from a

(i) Veterans' Administration facility; (ii) State home for disabled volunteer soldiers; or

(iii) soldiers' and sailors' home, under an arrangement with the board of managers of that facility;

(C) a minister of religion; and

(D) an individual who is confined to a hospi tal or charitable facility.

(2) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title may provide transportation for property without charge or at a reduced rate for

(A) a charitable purpose, including transportation referred to in paragraph (1) of this

subsection; or

(B) use in a public exhibition.

HISTORICAL AND REVISION NOTES-Continued

(b)(1) A common carrier subject to the jurisdiction of the Commission under subchapter I, II, or III of that chapter may provide transportation without charge to an individual who is— (A) engaged only in charitable work; (B) injured in an accident (together with the physicians and nurses attending that individual); or

(C) an individual traveling on behalf of a nonprofit organization which provides recreational, housing or other services and benefits for the general welfare of employees of common carriers.

(2) That carrier may also establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of

(A) a totally blind individual and an accompanying guide or a dog trained to guide the individual; or

(B) a disabled individual and accompanying attendant when required because of the disability.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1385; Pub. L. 97-261, § 29(c), Sept. 20, 1982, 96 Stat. 1128.)

Revised Section

10723(a)..

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

49:1(7) (1st

sentence 1st-4th and 13th-20th words after 2d semicolon and words between 3d and 5th semicolons).

49:22(1) (1st

sentence
27th-61st words
and words
between 1st and
2d semicolons).

49:317(b) (proviso).

49:906(c) (proviso).

49:1005(c) (proviso).

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat.

379, 1(7) (1st sentence words between 2d and 5th semicolons and last 11 words before 1st proviso); added June 29, 1906, ch. 3591, § 1, 34 Stat. 584; Apr. 13, 1908, ch. 143, 1, 35 Stat. 60; restated June 18, 1910, ch. 309, 7, 36 Stat. 546; Feb. 28, 1920, ch. 91, 401, 41 Stat. 475; June 19, 1934, ch. 652, § 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543. Feb. 4, 1887, ch. 104, § 22(1) (1st sentence 27th-61st words, words between 1st and 2d semicolons, and words between 6th semicolon and before 1st proviso), 24 Stat. 387; restated Mar. 2, 1889, ch. 382, § 9, 25 Stat. 862; Aug. 18, 1922, ch. 280, 1, 42 Stat. 827; Feb. 26, 1927, ch. 217, § 1, 44 Stat. 1247; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; July 5, 1937, ch. 432, § 1, 50 Stat. 475; Sept. 18, 1940, ch. 722, 3(d), (e), 54 Stat. 901; July 27, 1956, ch. 759, § 1, 70 Stat. 702; Aug. 31, 1957, Pub. L. 85-246, § 1(a), 71 Stat. 564; Sept. 2, 1958, Pub. L. 85-857, § 13(a), 72 Stat. 1264.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 217(b) (proviso); added Aug. 9, 1935, ch. 498,

1, 49 Stat. 561; Sept. 18, 1940, ch. 722, § 22(e), 54 Stat. 925.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 306(c) (proviso); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 936. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 405(c) (proviso); added May 16, 1942, ch. 318, 1, 56 Stat. 287.

Revised Section

Subsection (a) is made applicable to motor and water common carriers in view of 49:317(b) (proviso) and 906(c) (proviso). The words "may provide transportation without charge" are inserted for consistency. The words "indigent or homeless individual" are substituted for "indigent, destitute, and homeless persons" to eliminate redundancy. The words "charitable organization" are substituted for "charitable and eleemosynary institutions" to eliminate redundancy. The words "Veterans' Administration facility" are substituted for "National Homes" since the National Home for Disabled Volunteer Soldiers was dissolved by the Act of July 3, 1930, ch. 863, §§ 1, 3, 5, 46 Stat. 1016, which provided for the consolidation of that Home and its functions in the Veterans' Administration. The consolidation was carried out under Ex. Ord. No. 5398, July 21, 1930. The words "soldiers' and sailors' home" are substituted for "Soldiers' and Sailors' Homes" and "Soldiers' and Sailors' Orphan Homes" as being more inclusive. The words "confined to" are substituted for "inmates of" as being more appropriate. Paragraph (2) is added in view of 49:317(b) (proviso), 906(c) (proviso), and 1005(c) (proviso). The words "referred to in paragraph (1) of this subsection" are substituted for 49:22(1) (first sentence 28th-61st words and words between 1st and 2d semicolons) for consistency. Paragraph (2) is made applicable to subsection (a)(1)(D) in view of the words "or for charitable purposes" in 49:22(1). The words "use in a public exhibition" are substituted for "to or from fairs and expositions for exhibition thereat" to eliminate redundancy.

In subsection (b), the word "eleemosynary" is omitted to eliminate redundancy. The word "accident" is substituted for "wrecks" as being more appropriate.

In subsection (b)(2), the words "an accompanying guide or a dog trained to guide the individual" are substituted for "accompanied by a guide or seeing-eye dog or other dog specially trained for that purpose" to eliminate redundancy. The words "attendant when required because of the disability" are substituted for "by an attendant if such person is disabled to the extent of requiring such attendant" for clarity. The words "related rule" are substituted for "reasonable regulations" for consistency. The words "may establish" are substituted for "as may have been established by the carrier" for clarity. The text of the provisos of 49:317(b), 906(c), and 1005(c) are omitted as unnecessary in view of the restatement.

AMENDMENTS

1982-Subsec. (b)(1)(C). Pub. L. 97-261 substituted provision relating to an individual traveling on behalf of a nonprofit organization which provides recreational, housing or other services and benefits for the general welfare of employees of common carriers for provision relating to a traveling secretary of a railroad Young Men's Christian Association.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11126, 11905 of this title; title 31 section 3726; title 45 section 546.

§ 10724. Emergency rates

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may transport passengers without charge to provide relief during general emergencies.

(b)(1) The Commission may authorize a common carrier providing transportation or service subject to its jurisdiction under chapter 105 of this title to give reduced rates for service and transportation of property to or from an area in the United States to provide relief during emergencies. When the Commission takes action under this subsection, it must

(A) define the area of the United States in which the reduced rates will apply;

(B) specify the period during which the reduced rates are to be in effect; and

(C) define the class of persons entitled to the reduced rates.

(2) The Commission may specify those persons entitled to reduced rates by reference to those persons designated as being in need of relief by the United States Government or by a State government authorized to assist in providing relief during the emergency. The Commission may act under this subsection without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1386.) HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 1(7) (1st sentence 1st proviso, words between semicolon and colon); added June 29, 1906, ch. 3591, 1, 34 Stat. 584; Apr. 13, 1908, ch. 143, § 1, 35 Stat. 60; restated June 18, 1910, ch. 309, §7, 36 Stat. 546; Feb. 28, 1920, ch. 91, § 401, 41 Stat. 475; June 19, 1934, ch. 652, § 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 217(b) (proviso); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 560; Sept. 18, 1940, ch. 722, § 22(e), 54 Stat. 925. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 306(c) (proviso); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 936. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 22(1) (last 2 sentences); added Mar. 4, 1927, ch. 510, 1, 44 Stat. 1446; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; restated Aug. 25, 1937, ch. 776, § 1, 50 Stat. 809.

379, § 405(c) (proviso); added May 16, 1942, ch. 318, 1, 56 Stat. 287.

In subsection (a), the words "subchapter I, II, or III of chapter 105 of this title" are inserted because 49:317(b) (proviso) and 906(c) (proviso) make this subsection apply to motor and water common carriers. The words "without charge" are substituted for "free" for clarity and consistency. The words "to provide" are substituted for "with the object of providing" as being more precise. The word "emergencies" is substituted for "general epidemic, pestilence, or other calamitous visitation" for clarity and to eliminate redundancy.

In subsection (b), the words "under chapter 105 of this title" are inserted because 49:317(b) (proviso), and 906(c) (proviso), and 1005(c) (proviso) make this subsection apply to motor and water common carriers and to freight forwarders. The words "The Commission may authorize" are substituted for "Nothing in this chapter shall prevent . . . if such . . . have first been authorized... by the Commission" for clarity. The words "by order" are omitted as surplus. The word "emergencies" is substituted for "in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamitous visitation or disaster" for clarity and to eliminate redundancy. The word "area" is substituted for "section" as being more appropriate. The word "Government" is substituted for "agents" for clarity since the reference is to official action. The last sentence is substituted for "(with or without a hearing)" for consistency. The last sentence of 49:22(1) is omitted as unnecessary in view of the restatement.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11126, 11905 of this title; title 31 section 3726; title 45 section 546. § 10725. Special freight forwarder rates

(a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may establish

(1) assembling rates and related classifications and rules for transportation of lessthan-carload or less-than-truckload shipments to a place for further movement as part of a carload or truckload shipment; and

(2) distribution rates and related classifications and rules for transportation of lessthan-carload or less-than-truckload shipments moving from a place to which those shipments have moved as a part of a carload or truckload shipment.

(b) A rate and related classification and rule established under subsection (a) of this section applies to freight forwarders and other persons using common carrier transportation under like conditions and may differ from other rates and related classifications and rules that contemporaneously apply to the same common carrier transportation when the difference is justified by a difference in the respective conditions under which that transportation is used. A rate referred to in subsection (a)(1) or (2) of this section may not be established to cover the