(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

"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" are substituted for "modify the requirements of this section in respect to 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

"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 para graph" 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 provision 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 effective 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 transport the property over an established through route. When competing rail lines constitute & 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

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

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.)

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