Browse Arkansas Code titles and sections
49 U.S.C. § 13907 — Household goods agents
Federal law — U.S. Code and appendices · legal_authorities
**(a) Carriers Responsible for Agents.—** Each motor carrier providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier.
**(b) Standard for Selecting Agents.—** Each motor carrier providing transportation of household goods shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such carrier.
**(c) Enforcement.—**
(1) **Complaint.—** — Whenever the Secretary has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor carrier providing transportation of household goods has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.
(2) **Right to defend.—** — The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
(3) **Order.—** — If the agent does not appear at the hearing or if the Secretary finds tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13907
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 4ef5be32951cfc8646062a52945277486a2b44113bd0345c7705d7f6fe1acce9. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_4f3b931d29605dc8ad7cf4d5
Source file: Laws/federal/codes/united-states-code/title-49/section-13907-household-goods-agents--7949a7ad1a.md
Pages: Not recorded – Not recorded
Passage SHA-256: 5df650b36b38b445b8eebb611e43bae7e5233fe6357d20be08a2df5a31afde8a
Source location: Title 49, Chapter 139, § 13907; chapter-139-registration.md
Stored source content
**(a) Carriers Responsible for Agents.—** Each motor carrier providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier.
**(b) Standard for Selecting Agents.—** Each motor carrier providing transportation of household goods shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such carrier.
**(c) Enforcement.—**
(1) **Complaint.—** — Whenever the Secretary has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor carrier providing transportation of household goods has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.
(2) **Right to defend.—** — The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.
(3) **Order.—** — If the agent does not appear at the hearing or if the Secretary finds that the agent has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the Secretary may issue an order to limit, condition, or prohibit such agent from any involvement in the transportation or provision of services incidental to the transportation of household goods if, after notice and an opportunity for a hearing, the Secretary finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order.
(4) **Hearing.—** — Upon filing of a petition with the Secretary by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.
(5) **Court review.—** — Any agent adversely affected or aggrieved by an order of the Secretary issued under this subsection may seek relief in the appropriate United States court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code.
**(d) Limitation on Applicability of Antitrust Laws.—**
(1) **In general.—** — The antitrust laws, as defined in the first section of the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim)), do not apply to discussions or agreements between a motor carrier providing transportation of household goods and its agents (whether or not an agent is also a carrier) related solely to—
(A) rates for the transportation of household goods under the authority of the principal carrier;
(B) accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier;
(C) allowances relating to transportation of household goods under the authority of the principal carrier; and
(D) ownership of a motor carrier providing transportation of household goods by an agent or membership on the board of directors of any such motor carrier by an agent.
(2) **Board review.—** — The Board, upon its own initiative or request, shall review any activities undertaken under paragraph (1) and shall modify or terminate the activity if necessary to protect the public interest.
**(e) Definitions.—** In this section, the following definitions apply:
(1) **Household goods.—** — The term “household goods” has the meaning such term had under [section 10102(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10102/11&num=0&edition=prelim), as in effect on December 31, 1995.
(2) **Transportation.—** — The term “transportation” means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995, if such subchapter were still in effect.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 12
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, the term “financially responsible person” means a person who—
(1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and
(2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years.
Such term includes a governmental authority but does not include a Class I or Class II rail carrier.
**(b)**
(1) When the Board finds that—
(A)
(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim), but the rail carrier owning such line has not filed an application to abandon such line under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim) before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and
(B) an application to purchase such line has been filed by a financially responsible person,
the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater.
**(c)**
(1) For purposes of this section, the Board may determine that the public convenience and nece
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10907
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 19
TITLE 15—COMMERCE AND TRADE
§ 12
(Pub. L. 108–237, title II, § 216, as added Pub. L.
116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.)
§ 8. Trusts in restraint of import trade illegal;
penalty
Every combination, conspiracy, trust, agree-
ment, or contract is declared to be contrary to
public policy, illegal, and void when the same is
made by or between two or more persons or cor-
porations, either of whom, as agent or principal,
is engaged in importing any article from any
foreign country into the United States, and
when
such
combination,
conspiracy,
trust,
agreement, or contract is intended to operate in
restraint of lawful trade, or free competition in
lawful trade or commerce, or to increase the
market price in any part of the United States of
any article or articles imported or intended to
be imported into the United States, or of any
manufacture into which such imported article
enters or is intended to enter. Every person who
shall be engaged in the importation of goods or
any commodity from any foreign country in vio-
lation of this section, or who shall combine or
conspire with another to violate the same, is
guilty of a misdemeanor, and on conviction
thereof in any court of the United States such
person shall be fined in a sum not less than $100
and not exceeding $5,000, and shall be further
punished by imprisonment, in the discretion of
the court, for a term not less than three months
nor exceeding twelve months.
(Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12,
1913, ch. 40, 37 Stat. 667.)
Editorial Notes
AMENDMENTS
1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin-
cipal’’.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Section 77, formerly § 78, of act Aug. 27, 1894, as added
by Pub. L. 94–435, title III,
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 12
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 12. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 503
TITLE 49—TRANSPORTATION
§ 13907
violated the requirements of this subsection
or a regulation prescribed under this sub-
section, the surety provider shall be ineli-
gible to provide freight forwarder financial
security for 3 years
(9) DEDUCTION
OF
COSTS
PROHIBITED.—The
amount of the financial security required
under this subsection may not be reduced by
deducting attorney’s fees or administrative
costs.
(d) TYPE OF INSURANCE.—The Secretary may
determine the type and amount of security filed
under this section. A motor carrier may submit
proof of qualifications as a self-insurer to satisfy
the security requirements of this section. The
Secretary shall adopt regulations governing the
standards for approval as a self-insurer. Motor
carriers which have been granted authority to
self-insure as of January 1, 1996, shall retain
that authority unless, for good cause shown and
after notice and an opportunity for a hearing,
the Secretary finds that the authority must be
revoked.
(e) NOTICE OF CANCELLATION OF INSURANCE.—
The Secretary shall issue regulations requiring
the submission to the Secretary of notices of in-
surance cancellation sufficiently in advance of
actual cancellation so as to enable the Sec-
retary to promptly revoke or suspend the reg-
istration of any carrier or broker after the effec-
tive date of the cancellation.
(f) FORM
OF
ENDORSEMENT.—The Secretary
shall also prescribe the appropriate form of en-
dorsement to be appended to policies of insur-
ance and surety bonds which will subject the in-
surance policy or surety bond to the full secu-
rity limits of the coverage required under this
section.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 885; amended Pub. L. 104–287, § 5(34),
Oct. 11, 1996, 110 Stat. 3
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 13907
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.