49 U.S.C. § 13702 — Tariff requirement for certain transpor-

Page 476 TITLE 49—TRANSPORTATION § 13701 Sec. 13702. Tariff requirement for certain transportation. 13703. Certain collective activities; exemption from antitrust laws. 13704. Household goods rates—estimates; guarantees of service. 13705. Requirements for through routes among motor carriers of passengers. 13706. Liability for payment of rates. 13707. Payment of rates. 13708. Billing and collecting practices. 13709. Procedures for resolving claims involving unfiled, negotiated transportation rates. 13710. Additional billing and collecting practices. 13711. Alternative procedure for resolving under- charge disputes. 13712. Government traffic. 13713. Food and grocery transportation. § 13701. Requirements for reasonable rates, clas- sifications, through routes, rules, and prac- tices for certain transportation (a) REASONABLENESS.— (1) CERTAIN HOUSEHOLD GOODS TRANSPOR- TATION; JOINT RATES INVOLVING WATER TRANS- PORTATION.—A rate, classification, rule, or practice related to transportation or service provided by a carrier subject to jurisdiction under chapter 135 for transportation or service involving— (A) a movement of household goods, (B) a rate for a movement by or with a water carrier in noncontiguous domestic trade, or (C) rates, rules, and classifications made collectively by motor carriers under agree- ments approved pursuant to section 13703, must be reasonable. (2) THROUGH ROUTES AND DIVISIONS OF JOINT RATES.—Through routes and divisions of joint rates for such transportation or service must be reasonable. (b) PRESCRIPTION BY BOARD FOR VIOLATIONS.— When the Board finds it necessary to stop or pre- vent a violation of subsection (a), the Board shall prescribe the rate, classification, rule, practice, through route, or division of joint rates to be applied for such transportation or service. (c) FILING OF COMPLAINT.—A complaint that a rate, classification, rule, or practice in non- contiguous domestic trade violates subsection (a) may be filed with the Board. (d) ZONE OF REASONABLENESS.— (1) IN GENERAL.—For purposes of this sec- tion, a rate or division of a motor carrier for service in noncontiguous domestic trade or water carrier for port-to-port service in that trade is reasonable if the aggregate of in- creases and decreases in any such rate or divi- sion is not more than 7.5 percent above, or more than 10 percent below, the rate or divi- sion in effect 1 year before the effective date of the proposed rate or division. (2) ADJUSTMENTS TO THE ZONE.—The percent- age specified in paragraph (1) shall be in- creased or decreased, as the case may be, by the percentage change in the Producers Price Index, as published by the Department of Labor, that has occurred during the most re- cent 1-year period before the date the rate or division in question first took effect. (3) DETERMINATIONS AFTER COMPLAINT.—The Board shall determine whether any rate or di- vision of a carrier or service in noncontiguous domestic trade which is not within the range described in paragraph (1) is reasonable if a complaint is filed under subsection (c) or sec- tion 13702(b)(6). (4) REPARATIONS.—Upon a finding of viola- tion of subsection (a), the Board shall award reparations to the complaining shipper or shippers in an amount equal to all sums as- sessed and collected that exceed the deter- mined reasonable rate, division, rate struc- ture, or tariff. Upon complaint from any gov- ernmental agency or authority and upon a finding or violation of subsection (a), the Board shall make such orders as are just and shall require the carrier to return, to the ex- tent practicable, to shippers all amounts plus interest, which the Board finds to have been assessed and collected in violation of sub- section (a). (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 867.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 10701, 10704, and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 13702. Tariff requirement for certain transpor- tation (a) IN GENERAL.—Except when providing trans- portation for charitable purposes without charge, a carrier subject to jurisdiction under chapter 135 may provide transportation or serv- ice that is— (1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, re- cycled metal scrap, waste paper, and paper waste; or (2) for movement of household goods; only if the rate for such transportation or serv- ice is contained in a tariff that is in effect under this section. The carrier may not charge or re- ceive a different compensation for the transpor- tation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another de- vice. A rate contained in a tariff shall be stated in money of the United States. (b) TARIFF REQUIREMENTS FOR NONCONTIGUOUS DOMESTIC TRADE.— (1) FILING.—A carrier providing transpor- tation or service described in subsection (a)(1) shall publish and file with the Board tariffs containing the rates established for such transportation or service. The carriers shall keep such tariffs available for public inspec- Page 477 TITLE 49—TRANSPORTATION § 13703 tion. The Board shall prescribe the form and manner of publishing, filing, and keeping tar- iffs available for public inspection under this subsection. (2) CONTENTS.—The Board may prescribe any specific information and charges to be identi- fied in a tariff, but at a minimum tariffs must identify plainly— (A) the carriers that are parties to it; (B) the places between which property will be transported; (C) terminal charges if a carrier provides transportation or service subject to jurisdic- tion under subchapter III of chapter 135; (D) privileges given and facilities allowed; and (E) any rules that change, affect, or deter- mine any part of the published rate. (3) INLAND DIVISIONS.—A carrier providing transportation or service described in sub- section (a)(1) under a joint rate for a through movement shall not be required to state sepa- rately or otherwise reveal in tariff filings the inland divisions of that through rate. (4) TIME-VOLUME RATES.—Rates in tariffs filed under this subsection may vary with the volume of cargo offered over a specified period of time. (5) CHANGES.—The Board may permit car- riers to change rates, classifications, rules, and practices without filing complete tariffs under this subsection that cover matter that is not being changed when the Board finds that action to be consistent with the public in- terest. Those carriers may either— (A) publish new tariffs that incorporate changes, or (B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public in- spection. (6) COMPLAINTS.—A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution. (c) TARIFF REQUIREMENTS FOR HOUSEHOLD GOODS CARRIERS.— (1) IN GENERAL.—A carrier providing trans- portation described in subsection (a)(2) shall maintain rates and related rules and practices in a published tariff. The tariff must be avail- able for inspection by the Board and be made available for inspection by shippers upon rea- sonable request. (2) NOTICE OF AVAILABILITY.—A carrier that maintains a tariff under this subsection may not enforce the provisions of the tariff unless the carrier has given notice that the tariff is available for inspection in its bill of lading or by other actual notice to individuals whose shipments are subject to the tariff. (3) REQUIREMENTS.—A carrier that maintains a tariff under this subsection is bound by the tariff except as otherwise provided in this part. A tariff that does not comply with this subsection may not be enforced against any individual shipper. (4) INCORPORATION BY REFERENCE.—A carrier may incorporate by reference the rates, terms, and other conditions of a tariff in agreements covering the transportation of household goods. (5) COMPLAINTS.—A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates section 13701(a) may be submitted to the Board for resolution. (d) INVALIDATION.—The Board may invalidate a tariff prepared by a carrier or carriers under this section if that tariff violates this section or a regulation of the Board carrying out this sec- tion. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 868.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 10761 and 10762 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 13703. Certain collective activities; exemption from antitrust laws (a) AGREEMENTS.— (1) AUTHORITY TO ENTER.—A motor carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into an agreement with one or more such carriers to establish— (A) through routes and joint rates; (B) rates for the transportation of house- hold goods; (C) classifications; (D) mileage guides; (E) rules; (F) divisions; (G) rate adjustments of general applica- tion based on industry average carrier costs (so long as there is no discussion of indi- vidual markets or particular single-line rates); or (H) procedures for joint consideration, ini- tiation, or establishment of matters de- scribed in subparagraphs (A) through (G). (2) SUBMISSION OF AGREEMENT TO BOARD; AP- PROVAL.—An agreement entered into under paragraph (1) may be submitted by any carrier or carriers that are parties to such agreement to the Board for approval and may be approved by the Board only if it finds that such agree- ment is in the public interest. (3) CONDITIONS.—The Board may require compliance with reasonable conditions con- sistent with this part to assure that the agree- ment furthers the transportation policy set forth in section 13101. (4) INDEPENDENTLY ESTABLISHED RATES.—Any carrier which is a party to an agreement under paragraph (1) is not, and may not be, precluded from independently establishing its own rates, classification, and mileages or from adopting and using a noncollectively made classifica- tion or mileage guide.