Page:United States Statutes at Large Volume 109 Part 1.djvu/883

 PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 867 " CHAPTER 137—RATES AND THROUGH ROUTES "Sec. "13701. Requirements for reasonable rates, classifications, through routes, rules, and practices for cer1:ain transportation. "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 pa3Tnent of rates. "13707. Payment of rates. "13708. Billing and collecting practices. "13709. Procediu-es for resolving claims involving unfiled, negotiated transportation rates. "13710. Additional billing and collecting practices. "13711. Alternative procedure for resolving undercharge disputes. "13712. Government traffic. "13713. Food and grocery transportation. "% 13701. Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation "(a) REASONABLENESS.— " (1) CERTAIN HOUSEHOLD GOODS TRANSPORTATION; JOINT RATES INVOLVING WATER TRANSPORTATION. —^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 agreements 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 prevent 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 noncontiguous domestic trade violates subsection (a) may be filed with the Board. " (d) ZONE OF REASONABLENESS.— "(1) IN GENERAL.—For purposes of this section, 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 increases and decreases in any such rate or division is not more than 7.5 percent above, or more than 10 percent below, the rate or division in effect 1 year before the effective date of the proposed rate or division. "(2) ADJUSTMENTS TO THE ZONE.—The percentage specified in paragraph (1) shall be increased 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 recent 1-year period before the date the rate or division in question first took effect.

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