TARIFF FILING.

SEC. 206. TARIFF FILING. (a) Authority To Establish Rates.— Section 10702(b) (relating to authority for carriers to establish rates, classifications, rules, and practices) is amended by inserting “, except a motor contract carrier of property,” after “A contract carrier”. (b) Prohibition of Transportation Without Tariff.— Section 10761(a) (relating to transportation prohibited without tariff) is amended— (1) by inserting “(excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13) or in noncontiguous domestic trade)” after “chapter 105 of this title”, and (2) by striking out “That carrier” in the second sentence and inserting “A carrier subject to this subsection”, (3) by inserting before the period at the end of the first sentence the following: “, except that a motor carrier of property the application of whose rates is determined or governed by a tariff on file with the Commission cannot collect its rates unless the carrier is a participant in those tariffs”, and (4) by inserting before the period at the end of the second sentence the following: “, except that a motor carrier of property the application of whose rates are determined or governed by a tariff on file with the Commission shall issue a power of attorney to the tariff publishing agent of such tariff and, upon its acceptance, the agent shall issue a notice to the participating carrier certifying its continuing participation in such tariff, which certification shall be kept open for public inspection”. (c) General Tariff Requirement.— Section 10762(a) (relating to general tariff requirement) is amended— (1) by inserting “(excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13), or in noncontiguous domestic trade)” after “A motor common carrier” in the second sentence of paragraph (1), (2) by inserting “(excluding a motor common carrier providing transportation of property, other than household goods, under an individually determined rate, classification, rule, or practice, as defined in section 10102(13), or in noncontiguous domestic trade)” after “carriers” in the third sentence of paragraph (1), 108 STAT. 1685 (3) by striking the last sentence of paragraph (1) and inserting the following: “A motor contract carrier of property is not required to publish or file actual or minimum rates under this subtitle. Except as provided in the Negotiated Rates Act of 1993 and the amendments made by that Act, nothing in the Trucking Industry Regulatory Reform Act of 1994 (and the amendments made by that Act) creates any obligation for a shipper based solely on a rate that was on file with the Commission or elsewhere on the date of enactment of such Act.”, and (4) by adding at the end the following: “(3) A motor common carrier of property (other than a motor common carrier providing transportation of household goods or in noncontiguous domestic trade) shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practices, upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a motor common carrier is challenged by the person paying the freight charges, the Commission shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In those cases where a motor common carrier (other than a motor common carrier providing transportation of household goods or in noncontiguous domestic trade) seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the Commission determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges. “(4) If a shipper seeks to contest the charges originally billed, the shipper may request that the Commission determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges. “(5) Any tariff on file with the Commission on the date of enactment of the Trucking Industry Regulatory Reform Act of 1994 not required to be filed with the Commission after the enactment of that Act is null and void beginning on that date.”. (d) Proposed Rate Changes.— (1) Common carriers.— Section 10762(c)(1) (relating to proposed rate changes) is amended by inserting “(excluding a motor common carrier providing transportation of property other than household goods, under an individually determined rate, classification, rule, or practice defined in section 10102(13), or in a noncontiguous domestic trade)” after “common carrier”. (2) Contract carriers.— Section 10762(c)(2) (relating to proposed rate changes) is amended by inserting “(except a motor contract carrier of property)” after “contract carrier”. (e) Effect on Negotiated Rates Act.— Section 10762 (relating to general tariff requirements) is amended by adding at the end thereof the following new subsection: 108 STAT. 1686 “(j) Nothing in this section shall affect the application of the provisions of the Negotiated Rates Act of 1993 (or the amendments made by that Act) to undercharge claims for transportation provided prior to the date of enactment of the Trucking Industry Regulatory Reform Act of 1994.”. (f) Definition.— Section 10102 (relating to definitions) is amended— (1) by redesignating paragraphs (13) through (32) as (14) through (33), and (2) by inserting after paragraph (12) the following: “(13) ‘individually determined rate, classification, rule, or practice’ means a rate, classification, rule, or practice established by— “(A) a single motor common carrier for application to transportation that it can provide over its line; or “(B) 2 or more interlining carriers without participation in an organization established or continued under an agreement approved under section 10706(b) for application to transportation that the interlining carriers can provide jointly over their lines.”.