Page:United States Statutes at Large Volume 107 Part 3.djvu/112

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107 STAT. 2050 PUBLIC LAW 103-180—DEC. 3, 1993 charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with sections 10761 and 10762 of this title. Resolution of such claims among the parties shall not subject any party to the penalties of chapter 119 of this title. "(b) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall relieve the motor carrier of the duty to file and adhere to its rates, rules, and classifications as required in sections 10761 and 10762, except as provided in subsection (a) of this section. "(c) RULEMAKING PROCEEDING.— Not later than 90 days after the date of the enactment of this section, the Commission shall institute a proceeding to establish rules pursuant to which the tariff requirements of sections 10761 and 10762 of this title shall not apply under circumstances described in subsection (a) of this section.". (b) CONFORMING AMENDMENT.— The analysis for chapter 117 of title 49, United States Code, is amended by adding at the end the following: "11712. Tariff reconciliation rules for motor common carriers of property.". SEC. 6. CUSTOMER ACCOUNT CODES AND RANGE TARIFFS. (a) CUSTOMER ACCOUNT CODES.— Section 10762 of title 49, United States Code, is amended by adding at the end the following: "(h) CUSTOMER ACCOUNT CODES.— NO tariff filed by a motor carrier of property with the Commission before, on, or after the date of the enactment of this subsection may be held invalid solely on the basis that a numerical or alpha account code is used in such tariff to designate customers or to describe the applicability of rates. For transportation performed on and after the 180th day following such date of enactment, the name of the customer for each account code must be set forth in the tariff (other than the tariff of a motor carrier providing transportation of household goods). ". (b) RANGE TARIFFS. —Such section is further amended by adding at the end the following: "(i) RANGE TARIFFS.— No tariff filed by a motor carrier of property with the Commission before, on, or after the date of the enactment of this subsection may be held invalid solely on the basis that the tariff does not show a specific rate or discount for a specific shipment if the tariff is based on a range of rates or discounts for specific classes of shipments. For transportetion performed on or after the 180th day following such date of enactment, such a range tariff must identify the specific rate or discount from among the range of rates or discounts contained in such range tariff which is applicable to each specific shipment or must contain an objective means for determining the rate.". SEC. 6. CONTRACTS OF MOTOR CONTRACT CARRIERS. (a) IN GENERAL.—Section 10702 of title 49, United States Code, is amended by adding at the end the following new subsection: "(c) CONTRACTS OF CARRIAGE FOR MOTOR CONTRACT CAR- RIERS.— "(1) GENERAL RULE.— ^A motor contract carrier providing , transportetion subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall enter into a written agreement, separate from the bill of lading