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NOTES:


Source

(Pub. L. 98–237, § 8, Mar. 20, 1984, 98 Stat. 74; Pub. L. 105–258, title I, § 106, Oct. 14, 1998, 112 Stat. 1905.)

References in Text

The National Labor Relations Act, referred to in subsec. (c)(4)(C), (D), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
The Taft-Hartley Act, also known as the Labor Management Relations Act, 1947, referred to in subsec. (c)(4)(D), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is classified principally to chapter 7 (§ 141 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 141 of Title 29 and Tables.
The Federal Trade Commission Act, referred to in subsec. (c)(4)(D), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

Amendments

1998—Subsec. (a)(1). Pub. L. 105–258, § 106(a)(1)–(4), in introductory provisions, in first sentence, inserted “new assembled motor vehicles,” after “scrap,”, struck out “file with the Commission, and” after “conference shall”, and substituted “inspection in an automated tariff system,” for “inspection,”, and in second sentence, substituted “tariffs” for “tariff filings”.
Subsec. (a)(1)(C). Pub. L. 105–258, § 106(a)(5), substituted “transportation intermediary, as defined in section 1702 (17)(A) of this Appendix,” for “freight forwarder”.
Subsec. (a)(1)(E). Pub. L. 105–258, § 106(a)(7), struck out “loyalty contract,” before “bill of lading”.
Subsec. (a)(1)(F). Pub. L. 105–258, § 106(a)(6), (8), (9), added subpar. (F).
Subsec. (a)(2). Pub. L. 105–258, § 106(a)(10), added par. (2) and struck out former par. (2) which read as follows: “Copies of tariffs shall be made available to any person, and a reasonable charge may be assessed for them.”
Subsec. (c). Pub. L. 105–258, § 106(b), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “An ocean common carrier or conference may enter into a service contract with a shipper or shippers’ association subject to the requirements of this chapter. Except for service contracts dealing with bulk cargo, forest products, recycled metal scrap, waste paper, or paper waste, each contract entered into under this subsection shall be filed confidentially with the Commission, and at the same time, a concise statement of its essential terms shall be filed with the Commission and made available to the general public in tariff format, and those essential terms shall be available to all shippers similarly situated. The essential terms shall include—
“(1) the origin and destination port ranges in the case of port-to-port movements, and the origin and destination geographic areas in the case of through intermodal movements;
“(2) the commodity or commodities involved;
“(3) the minimum volume;
“(4) the line-haul rate;
“(5) the duration;
“(6) service commitments; and
“(7) the liquidated damages for nonperformance, if any.
The exclusive remedy for a breach of a contract entered into under this subsection shall be an action in an appropriate court, unless the parties otherwise agree.”
Subsec. (d). Pub. L. 105–258, § 106(c), substituted “Tariff rates” for “Rates” in heading and substituted “30 calendar days after publication.” for “30 days after filing with the Commission.” in first sentence, inserted “calendar” after “30” in second sentence, and substituted “publication.” for “publication and filing with the Commission.” in last sentence.
Subsec. (e)(1). Pub. L. 105–258, § 106(d)(2), which directed amendment of par. (1) by substituting “publish a new tariff, or an error in quoting a tariff,” for “file a new tariff,” was executed by making the substitution for “file a new tariff” after “in failing to”, to reflect the probable intent of Congress.
Pub. L. 105–258, § 106(d)(1), substituted “error in a,” for “error in a tariff of a clerical or administrative nature or an error due to inadvertence”.
Subsec. (e)(2). Pub. L. 105–258, § 106(d)(3), (4), substituted “refund for an error in a tariff or a failure to publish a tariff, published a new tariff” for “refund, filed a new tariff with the Commission” and inserted “and” at end.
Subsec. (e)(3), (4). Pub. L. 105–258, § 106(d)(5), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “the common carrier or conference agrees that if permission is granted by the Commission, an appropriate notice will be published in the tariff, or such other steps taken as the Commission may require that give notice of the rate on which the refund or waiver would be based, and additional refunds or waivers as appropriate shall be made with respect to other shipments in the manner prescribed by the Commission in its order approving the application; and”.
Subsec. (f). Pub. L. 105–258, § 106(e), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “The Commission may by regulation prescribe the form and manner in which the tariffs required by this section shall be published and filed. The Commission may reject a tariff that is not filed in conformity with this section and its regulations. Upon rejection by the Commission, the tariff is void and its use is unlawful.”
Subsec. (g). Pub. L. 105–258, § 106(f), added subsec. (g).

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–258 effective May 1, 1999, see section 2 of Pub. L. 105–258, set out as a note under section 1701 of this Appendix.

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