Page:United States Statutes at Large Volume 92 Part 2.djvu/107

 PUBLIC LAW 95-473—OCT. 17, 1978 to assist in providing relief during the emergency. The Commission may act under this subsection without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5. § 10725. Special freight forwarder rates (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title may establish— (1) assembling rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments to a place for further movement as part of a carload or truckload shipment; and (2) distribution rates and related classifications and rules for transportation of less-than-carload or less-than-truckload shipments moving from a place to which those shipments have moved as a part of a carload or truckload shipment. (b) A rate and related classification and rule established under subsection (a) of this section applies to freight forwarders and other persons using common carrier transportation under like conditions and may differ from other rates and related classifications and rules that contemporaneously apply to the same common carrier transportation when the difference is justified by a difference in the respective conditions under which that transportation is used. A rate referred to in subsection (a)(1) or (2) of this section may not be established to cover the line-haul transportation between the principal concentration place and the principal break-bulk place. (c) When establishing a rate, classification, rule, or practice, a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title may consider the tj^pe of property tendered to it by a freight forwarder for transportation when the property is in parcels that do not exceed 70 pounds in weight or 100 inches in length and girth combined. The carrier may establish the lowest rate for the transportation that allows it to receive adequate compensation for transporting the property. § 10726. Long and short haul transportation (a)(1) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I or III of chapter 105 of this title (except an express carrier) may not charge or receive more compensation for the transportation of property of the same kind or of passengers— (A) for a shorter distance than for a longer distance over the same line or route in the same direction (the shorter distance being included in the longer distance); or (B) under a through rate than under the total of the intermediate rates it may charge or receive under this chapter. This paragraph does not authorize a carrier to charge or receive equal compensation for transportation over a shorter distance than a longer distance. (2) Notwithstanding paragraph (1) of this subsection, a carrier operating over a circuitous line or route to or from a place in competition with another carrier of the same type that operates over a more direct line or route may establish a rate (otherwise complying with this chapter) for that transportation to meet the rate of the carrier operating over the more direct line or route, A rate established for transportation over a circuitous route under this subsection is not evidence of the compensatory character of rates in other proceedings.

92 STAT. 1387

Ante, p. 1345. 5 USC 551. 49 USC 10725. Ante, pp. 1359, 1361, 1365.

49 USC 10726.

�