Page:United States Statutes at Large Volume 109 Part 1.djvu/884

 109 STAT. 868 PUBLIC LAW 104-88 —DEC. 29, 1995 Publication. Regulations. "(3) DETERMINATIONS AFTER COMPLAINT.— The Board shall determine whether any rate or division 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 section 13702(b)(6). "(4) REPARATIONS.— Upon a finding of violation of subsection (a), the Board shall award reparations to the complaining shipper or shippers in an amount equal to all sums assessed and collected that exceed the determined reasonable rate, division, rate structure, or tariff. Upon complaint from any governmental 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 extent practicable, to shippers all amounts plus interest, which the Board finds to have been assessed and collected in violation of subsection (a). "(a) IN GENERAL. —Except when providing transportation for charitable purposes without charge, a carrier subject to jurisdiction under chapter 135 may provide transportation or service that is— "(1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or "(2) for movement of household goods; only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the 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. 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 transportation 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 inspection. The Board shall prescribe the form and manner of publishing, filing, and keeping tariffs available for public inspection under this subsection. "(2) CONTENTS. — The Board may prescribe any specific information and charges to be identified 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 jurisdiction under subchapter III of chapter 135; "(D) privileges given and facilities allowed; and "(E) any rules that change, affect, or determine any part of the published rate. "(3) INLAND DIVISIONS.— ^A carrier providing transportation or service described in subsection (a)(1) under a joint rate for a through movement shall not be required to state sepa-
 * § 13702. Tariff requirement for certain transportation

�