Page:United States Statutes at Large Volume 92 Part 2.djvu/114

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1394

PUBLIC LAW 95-473—OCT. 17, 1978

(b) A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this Ante, p. 1369. title may use a carrier, including a carrier referred to in this subsection, to transfer, collect, or deliver in a terminal area. However, to provide other services, a freight forwarder may only use— -..;;. (1) ^ rail, express, motor, or water common carrier providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title including— (A) a motor common carrier providing exempt transporAnte, pp. 1363, tation under section 10525 or 10526 (a)(8) of this title; or 1365. (B) a water common carrier providing exempt transportaAnte, p. 1366. tion under section 10542(a) of this title or transportation between places in Alaska or Hawaii and between those places and other places in the United States; (2) an air carrier subject to the jurisdiction of the Civil Aero49 USC 1301 et nautics Board under chapter 20 of this title; or seq(3) the Alaska Kailroad. ^ • li 49 USC 10750. § 10750. Demurrage charges Rules. A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapAnte, p. 1359. ter 105 of this title shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to— (1) freight car use and distribution; and (2) maintenance of an adequate supply of freight cars to be available for transportation of property. « 1

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49 USC 10761.

Relief. Ante, p. 1337. Proceeding.

49 USC 10762. Rates, publication and ""°8-

SUBCHAPTER I \ ^ T A R I F F S AND T R A F F I C

§ 10761. Transportation prohibited without tariff (a) Except as provided in this subtitle, a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall provide that transportation or service only if the rate for the transportation or service is contained in a tariff that is in effect under this subchapter. That carrier may not charge or receive a different compensation for that transportation 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 device. (b) The Commission may grant relief from subsection (a) of 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. §10762. General tariff requirements (a)(1) A carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (except a motor common carrier) shall publish and file with the Commission tariffs containing the rates and (A) if a common carrier, classifications, rules, and practices related to those rates, and (B) if a contract carrier, rules and practices related to those rates, established under this chapter for transportation or