Page:United States Statutes at Large Volume 109 Part 1.djvu/887

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PUBLIC LAW 104-88—DEC. 29, 1995 109 STAT. 871 has effect only as related to application of the antitrust laws referred to in subsection (a). "(d) EXPIRATION OF APPROVALS; RENEWALS. — Subject to subsection (c), approval of an agreement under subsection (a) shall expire 3 years after the date of approval unless renewed under this subsection. The approval may be renewed upon request of the parties to the agreement if such parties resubmit the agreement to the Board, the agreement is unchanged, and the Board approves such renewal. The Board shall approve the renewal unless it finds that the renewal is not in the public interest. Parties to the agreement may continue to undertake activities pursuant to the previously approved agreement while the renewal request is pending. "(e) EXISTING AGREEMENTS.— Agreements approved under former section 10706(b) and in effect on the day before the effective date of this section shall be treated for purposes of this section as approved by the Board under this section beginning on such effective date. " (f) LIMITATIONS ON STATUTORY CONSTRUCTION.— "(1) UNDERCHARGE CLAIMS.—Nothing in this section shall serve as a basis for any undercharge claim. "(2) OBLIGATION OF SHIPPER. — Nothing in this title, the ICC Termination Act of 1995, or any amendments or repeals made by such Act shall be construed as creating any obligation for a shipper based solely on a classification that was on file with the Interstate Commerce Commission or elsewhere on the day before the effective date of this section. "(g) INDUSTRY STANDARD GUIDES. — "(1) IN GENERAL.— "(A) PUBLIC AVAILABILITY.— Routes, rates, classifica- Publication. tions, mileage guides, and rules established under agreements approved under this section shall be published and made available for public inspection upon request. " (B) PARTICIPATION OF CARRIERS.— "(i) IN GENERAL. —^A motor carrier of property whose routes, rates, classifications, mileage guides, rules, or packaging are determined or governed by publications established under agreements approved under this section must participate in the determining or governing publication for such provisions to apply. "(ii) POWER OF ATTORNEY. —The motor carrier of property shall issue a power of attorney to the publishing agent and, upon its acceptance, the agent shall issue a written certification to the motor carrier affirming its participation in the governing publication, and the certification shall be made available for public inspection. "(2) MILEAGE LIMITATION. —No carrier subject to jurisdiction under subchapter I or III of chapter 135 may enforce collection of its mileage rates unless such carrier— "(A) is a participant in a publication of mileages formulated under an agreement approved under this section; or "(B) uses a publication of mileage (other than a publication described in subparagraph (A)) that can be examined by any interested person upon reasonable request. "(h) SINGLE LINE RATE DEFINED.— In this section, the term 'single line rate' means a rate, charge, or allowance proposed by