Page:United States Statutes at Large Volume 56 Part 1.djvu/318

 PUBLIC LAWS-CH. 318-MAY 16, 1942 Application to freight forwarders. 54 Stat. 899, 919, 929. 49 U.S. C., chs. 1, 8, 12. Ante, p. 176; post, pp. 300, 746. "Assembling rates or charges." "D istribution rates or charges." Line haul transpor- tation between desig- nated points. Joint rates during adjustment period. 49 Stat. 543. 49 U.S. C.§§ 301-327. Ante, p. 176; post, pp. 300, 746. Application of pro- visions of Part II. Proviso. Tariffs heretofore filed. Tariffs heretofore rejected. property tendered for transportation by any freight forwarder engaged in service with respect to parcels which do not exceed seventy pounds in weight or one hundred inches in length and girth com- bined, with a view to affording, in the case of such transportation, rates or charges as low as may be consistent with the receiving of reasonably adequate compensation by the carriers transporting such property. " AUTHORITY FOR ASSEMBLING AND DISTRIBUTION RATES "SEC. 408. Nothing in this Act shall be construed to make it unlaw- ful for common carriers subject to part I, II, or III of this Act to establish and maintain assembling rates or charges and/or distribu- tion rates or charges, and classifications, rules, and regulations with respect thereto, applicable to freight forwarders and others who employ or utilize the instrumentalities or services of such common carriers under like conditions, which differ from other rates or charges, classifications, rules, or regulations which contemporane- ously apply with respect to the employment or utilization of the same instrumentalities or services, if such difference is justified by a difference in the respective conditions under which such instrumen- talities or services are employed or utilized. For the purposes of this section (1) the term 'assembling rates or charges' means rates or charges for the transportation of less-than-carload or less-than- truckload shipments into a point for further movement beyond as part of a carload or truckload shipment, and (2) the term 'distribu- tion rates or charges' means rates or charges for the transportation of less-than-carload or less-than-truckload shipments moving from a point into which such shipments have moved as a part of a carload or truckload shipment. The provisions of this section shall not be construed to authorize the establishment of assembling rates or charges or distribution rates or charges covering the line haul trans- portation between the principal concentration point and the principal break-bulk point. "A DJUSTMENT PERIOD PENDING ESTABLISHMENT OF ASSEMBLING AND DISTRIBUTION RATES "SEC. 409. (a) In order to provide a reasonable period of adjust- ment within which rates and charges may be established pursuant to the provisions of section 408, nothing in this Act shall be construed to make it unlawful for freight forwarders and common carriers by motor vehicle subject to part II of this Act to operate under joint rates or charges during a period of eighteen months from the date of enactment of this part, but not thereafter. The provisions of part II of this Act shall apply with respect to such joint rates or charges and the divisions thereof, and with respect to the parties thereto, as though such joint rates or charges had been established under the provisions of such part II, and the provisions of this part shall not apply with respect thereto: Provided, however, That- "(1) Joint rates or charges and concurrences, contained in tariffs heretofore filed with the Commission shall become effective, without notice, as of the date of enactment of this part, unless the parties thereto file notice with the Commission, within thirty days after the date of enactment of this part, canceling such joint rates or charges and concurrences; "(2) Joint rates or charges and concurrences, contained in tariffs heretofore offered for filing with the Commission, but rejected by the Commission, shall become effective, without notice, as of the date of enactment of this part, if filed with the Com- mission within thirty days after the date of enactment of this part; [56 STAT. 290

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