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49 U.S.C. § 13709 — Procedures for resolving claims involving unfiled, negotiated transportation rates
Federal law — U.S. Code and appendices · legal_authorities
**(a) Transportation Provided at Rates Other Than Legal Tariff Rates.—**
(1) **In general.—** — When a claim is made by a motor carrier of property (other than a household goods carrier) providing transportation subject to jurisdiction under subchapter II of chapter 105 (as in effect on December 31, 1995) or subchapter I of chapter 135, by a freight forwarder (other than a household goods freight forwarder), or by a party representing such a carrier or freight forwarder regarding the collection of rates or charges for such transportation in addition to those originally billed and collected by the carrier or freight forwarder for such transportation, the person against whom the claim is made may elect to satisfy the claim under the provisions of subsection (b), (c), or (d), upon showing that—
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional pay
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Source file: Laws/federal/codes/united-states-code/title-49/section-13709-procedures-for-resolving-claims-involving-unfiled-negotiated-transportat--b048805f0a.md
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Source location: Title 49, Chapter 137, § 13709; chapter-137-rates-and-through-routes.md
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**(a) Transportation Provided at Rates Other Than Legal Tariff Rates.—**
(1) **In general.—** — When a claim is made by a motor carrier of property (other than a household goods carrier) providing transportation subject to jurisdiction under subchapter II of chapter 105 (as in effect on December 31, 1995) or subchapter I of chapter 135, by a freight forwarder (other than a household goods freight forwarder), or by a party representing such a carrier or freight forwarder regarding the collection of rates or charges for such transportation in addition to those originally billed and collected by the carrier or freight forwarder for such transportation, the person against whom the claim is made may elect to satisfy the claim under the provisions of subsection (b), (c), or (d), upon showing that—
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff.
(2) **Forum.—** — If there is a dispute as to the showing under paragraph (1)(A), such dispute shall be resolved by the court in which the claim is brought. If there is a dispute as to the showing under paragraph (1)(B), such dispute shall be resolved by the Board. Pending the resolution of any such dispute, the person shall not have to pay any additional compensation to the carrier or freight forwarder.
(3) **Effect of satisfaction of claims.—** — Satisfaction of the claim under subsection (b), (c), or (d) shall be binding on the parties, and the parties shall not be subject to chapter 119 of this title, as such chapter was in effect on December 31, 1995, or chapter 149.
**(b) Claims Involving Shipments Weighing 10,000 Pounds or Less.—** A person from whom the additional legally applicable and effective tariff rate or charges are sought may elect to satisfy the claim if the shipments each weighed 10,000 pounds or less, by payment of 20 percent of the difference between the carrier’s applicable and effective tariff rate and the rate originally billed and paid. In the event that a dispute arises as to the rate that was legally applicable to the shipment, such dispute shall be resolved by the Board.
**(c) Claims Involving Shipments Weighing More Than 10,000 Pounds.—** A person from whom the additional legally applicable and effective tariff rate or charges are sought may elect to satisfy the claim if the shipments each weighed more than 10,000 pounds, by payment of 15 percent of the difference between the carrier’s applicable and effective tariff rate and the rate originally billed and paid. In the event that a dispute arises as to the rate that was legally applicable to the shipment, such dispute shall be resolved by the Board.
**(d) Claims Involving Public Warehousemen.—** Notwithstanding subsections (b) and (c), a person from whom the additional legally applicable and effective tariff rate or charges are sought may elect to satisfy the claim by payment of 5 percent of the difference between the carrier’s applicable and effective tariff rate and the rate originally billed and paid if such person is a public warehouseman. In the event that a dispute arises as to the rate that was legally applicable to the shipment, such dispute shall be resolved by the Board.
**(e) Effects of Election.—** When a person from whom additional legally applicable freight rates or charges are sought does not elect to use the provisions of subsection (b), (c) or (d), the person may pursue all rights and remedies existing under this part or, for transportation provided before January 1, 1996, all rights and remedies that existed under this title on December 31, 1995.
**(f) Stay of Additional Compensation.—** When a person proceeds under this section to challenge the reasonableness of the legally applicable freight rate or charges being claimed by a carrier or freight forwarder in addition to those already billed and collected, the person shall not have to pay any additional compensation to the carrier or freight forwarder until the Board has made a determination as to the reasonableness of the challenged rate as applied to the freight of the person against whom the claim is made.
**(g) Notification of Election.—**
(1) **General rule.—** — A person must notify the carrier or freight forwarder as to its election to proceed under subsection (b), (c), or (d). Except as provided in paragraphs (2), (3), and (4), such election may be made at any time.
(2) **Demands for payment initially made after december 3, 1993.—** — If the carrier or freight forwarder or party representing such carrier or freight forwarder initially demands the payment of additional freight charges after December 3, 1993, and notifies the person from whom additional freight charges are sought of the provisions of subsections (a) through (f) at the time of the making of such initial demand, the election must be made not later than the later of—
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(3) **Pending suits for collection made before december 4, 1993.—** — If the carrier or freight forwarder or party representing such carrier or freight forwarder has filed, before December 4, 1993, a suit for the collection of additional freight charges and notifies the person from whom additional freight charges are sought of the provisions of subsections (a) through (f), the election must be made not later than the 90th day following the date on which such notification is received.
(4) **Demands for payment made before december 4, 1993.—** — If the carrier or freight forwarder or party representing such carrier or freight forwarder has demanded the payment of additional freight charges, and has not filed a suit for the collection of such additional freight charges, before December 4, 1993, and notifies the person from whom additional freight charges are sought of the provisions of subsections (a) through (f), the election must be made not later than the later of—
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
**(h) Claims Involving Small-Business Concerns, Charitable Organizations, and Recyclable Materials.—**
(1) **In general.—** — Notwithstanding subsections (b), (c), and (d), a person from whom the additional legally applicable and effective tariff rate or charges are sought shall not be liable for the difference between the carrier’s applicable and effective tariff rate and the rate originally billed and paid—
(A) if such person qualifies as a small-business concern under the Small Business Act ([15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.),
(B) if such person is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or
(C) if the cargo involved in the claim is recyclable materials.
(2) **Recyclable materials defined.—** — In this subsection, the term “recyclable materials” means waste products for recycling or reuse in the furtherance of recognized pollution control programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
**(b)** A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not discriminate in its rates against a connecting line of another rail carrier providing transportation subject to the jurisdiction of the Board under this part or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
**(c)** Except as provided in subsection (d) of this section and unless a rate is prohibited by a provision of this part, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other service provided by the rail carrier.
**(d)**
(1) If the Board determines, under [section 10707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10707&num=0&edition=prelim), that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable.
(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to—
(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic;
(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(C)
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10701
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption from taxation** An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503.
**(b) Tax on unrelated business income and certain other activities** An organization exempt from taxation under subsection (a) shall be subject to tax to the extent provided in parts II, III, and VI of this subchapter, but (notwithstanding parts II, III, and VI of this subchapter) shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes.
**(c) List of exempt organizations** The following organizations are referred to in subsection (a):
(1) Any corporation organized under Act of Congress which is an instrumentality of the United States but only if such corporation—
(A) is exempt from Federal income taxes—
(i) under such Act as amended and supplemented before July 18, 1984, or
(ii) under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act, or
(B) is described in subsection (l).
(2) Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organization which itself is exempt under this section. Rules similar to the rules of subparagraph (G) of paragraph (25) shall apply for purposes of this paragraph.
(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation.
**(b) Assistance to compete in international markets**
(1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—
(A) enhancing their abil
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
Page 748
TITLE 15—COMMERCE AND TRADE
§ 631
Section 618, act June 30, 1947, ch. 166, title II, § 208, 61
Stat. 209, related to purchase and sale of surplus prop-
erty, and was repealed by act of May 25, 1948, ch. 334,
§ 7, 62 Stat. 265.
Section 619, act July 29, 1947, ch. 346, title II, § 201, 61
Stat. 515, related to limitations on use of funds of the
Corporation, which Corporation was abolished by sec-
tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out
preceding section 601 of this title.
CHAPTER 14A—AID TO SMALL BUSINESS
Sec.
631.
Declaration of policy.
631a.
Congressional declaration of small business
economic policy.
631b.
Reports to Congress; state of small business.
631c.
Small Business Manufacturing Task Force.
632.
Definitions.
633.
Small Business Administration.
633a.
Detailed justification for proposed changes in
budget requests.
634.
General powers.
634a.
Office of Advocacy within Small Business Ad-
ministration; Chief Counsel for Advocacy.
634b.
Primary functions of Office of Advocacy.
634c.
Additional duties of Office of Advocacy.
634d.
Staff and powers of Office of Advocacy.
634e.
Assistance of Government agencies.
634f.
Reports.
634g.
Budgetary line item and authorization of ap-
propriations.
635.
Deposit of moneys; depositaries, custodians,
and fiscal agents; contributions to employ-
ees’ compensation funds.
636.
Additional powers.
636a.
Repealed.
636b.
Disaster loan interest rates.
636c.
Age of applicant for disaster loans.
636d.
Disaster aid to major sources of employment.
636e.
Definitions.
636f.
Coordination of efforts between the Adminis-
trator and the Internal Revenue Service to
expedite loan processing.
636g.
Developmen
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
Page 481
TITLE 49—TRANSPORTATION
§ 13709
subparagraph (A) that is equal to the per-
centage of the weight of that portion of the
shipment delivered to the total weight of the
shipment.
(C)
POST-CONTRACT
SERVICES.—Subpara-
graph (A) does not apply to additional serv-
ices requested by a shipper after the con-
tract of service is executed that were not in-
cluded in the estimate.
(D) IMPRACTICABLE OPERATIONS.—Subpara-
graph (A) does not apply to impracticable
operations, as defined by the applicable car-
rier tariff, except that the charges collected
at delivery for such operations shall not ex-
ceed 15 percent of all other charges due at
delivery. Any remaining charges due shall be
paid within 30 days after the carrier presents
its freight bill.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 873; amended Pub. L. 109–59, title IV,
§ 4203, Aug. 10, 2005, 119 Stat. 1752.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 10743 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
AMENDMENTS
2005—Subsec. (b)(3). Pub. L. 109–59 added par. (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
§ 13708. Billing and collecting practices
(a) DISCLOSURE.—A motor carrier subject to
jurisdiction under subchapter I of chapter 135
shall disclose, when a document is presented or
electronically transmitted for payment to the
person responsible directly to the motor carrier
for payment or agent of such responsible person,
the actual rates, charges, or allowances for any
transportat
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 13709
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