DOT 49 CFR PART 1034-2010 ROUTING OF TRAFFIC.pdf

1、72 49 CFR Ch. X (10110 Edition) 1033.2 to the provisions of paragraph (b)(3)(i)(B) of this section only: (1) At the time the transaction pur-suant to which the car was furnished to the rail carrier making the election is first extended or renewed after Janu-ary 1, 1991; or (2) If such transaction is

2、 not ex-tended or renewed, at the time such transaction terminates. If such election is so revoked, a rail carrier may make a new election only with the written consent of the party holding legal title to the car, and such election shall be irrevocable and bind-ing as to the rail carrier making the

3、election and all users and subsequent owners. (ii) Nothing in paragraph (b)(3)(i) of this section shall be construed to limit the rights of parties to any transaction to provide for the consent of any party to an election made pursuant to para-graph (b)(3)(i) of this section. (c) Market rate cars. (

4、1) Market rate cars shall not be subject to prescribed rates or to the provisions of 49 CFR 1039.14(c)(1) (i) and (ii) and (c)(4). (2) (i) The Board shall not prescribe car hire for market rate cars. (ii) The Code of Car Hire Rules ref-erenced in the Association of American Railroads Car Service and

5、 Car Hire Agreement provides that owners and users party to that agreement shall re-solve car hire disputes thereunder. The Board may review allegations of abuse of the car hire dispute resolution proc-ess established under those rules. (iii) Car hire disputes involving an owner or user not a party

6、to that agreement may be resolved by the Board. (d) Car hire agreements. Rail carriers are authorized to negotiate and enter into agreements governing car hire. (e) Effective date. This part shall take effect on January 1, 1994. 58 FR 60144, Nov. 15, 1993 1033.2 Car service orders. Emergency and tem

7、porary service or-ders are issued under this part but are not carried in the Code of Federal Reg-ulations. 58 FR 60145, Nov. 15, 1993 PART 1034ROUTING OF TRAFFIC AUTHORITY: 49 U.S.C. 721, 11123. 1034.1 Temporary authority. (a) Authority. Any railroad subject to regulation under 49 U.S.C. 10501 may r

8、easonably divert or reroute traffic to other carriers, if it is unable due to cir-cumstances beyond its control prompt-ly to transport traffic over a portion of its lines. Traffic necessarily diverted under this authority shall be rerouted to preserve as much as possible the participation and revenu

9、es of other carriers provided in the original rout-ing. This authority may be exercised for no more than 30 days following the day on which the rerouting begins. If a carrier needs more than 30 days before its disability or the disability of a re-ceiving carrier is cured, it may auto-matically exten

10、d its rerouting for addi-tional 30-day periods. To extend the pe-riod, it must submit a written or tele-graphic notice to the Association of American Railroads and the Boards Office of Compliance and Enforcement explaining why the rerouting is nec-essary, when it began, when the dis-ability occurred

11、, why an extension is necessary, the specific lines disabled, the rerouting to be continued, which shippers are affected, and any other important facts. (b) Concurrence by carriers. A railroad rerouting traffic must receive the con-currence of other railroads to which the traffic will be diverted or

12、 rerouted, before the rerouting or diversion be-gins. A rerouting carrier must also confirm the inability of a disabled re-ceiving carrier to handle the traffic be-fore rerouting that traffic. If the re-ceiving carrier is no longer disabled, it must accept the traffic according to the routing origin

13、ally designated. (c) Notice by rerouting carrier. A re-routing carrier must notify the Boards Office of Compliance and Enforcement, the Association of American Railroads, Car Service Division, as agent of all railroads subscribing to car service and car hire agreements, and the American Short Line R

14、ailroad Association before the rerouting or diversion begins. The originating carrier must notify each shipper at the time each shipment is VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot

15、for ResaleNo reproduction or networking permitted without license from IHS-,-,-73 Surface Transportation Board, DOT Pt. 1035, App. A rerouted or diverted and furnish to each shipper the rerouting, except when the disability requiring the rerouting oc-curs after the movement has begun. When a rerouti

16、ng carrier submits to the Board a notice and explanation for an extension of the rerouting period, it must immediately also submit a copy of that notice and explanation to the AAR, the ASLRA and all shippers that have been affected or that the carrier believes will be affected or that request a copy

17、. (d) Notice by AAR. The AAR shall no-tify all carriers affected by rerouting or by an extension of a rerouting pe-riod, in a manner similar to that used for embargoes. (e) Applicable rates. The rates applica-ble on shipments rerouted or diverted will be the rates applicable over the route originall

18、y designated at the time the shipments are tendered. (f) Divisions. The carriers involved in the rerouting or diversion shall proceed even though no contracts, agreements, or arrangements exist between them at the time concerning the divisions of the rates applicable to the traffic. Divi-sions shall

19、 be, during the time the re-routing is in effect, those voluntarily agreed upon by the carriers. 46 FR 21782, Apr. 14, 1981, as amended at 46 FR 26064, May 11, 1981; 64 FR 53267, Oct. 1, 1999 PART 1035BILLS OF LADING Sec. 1035.1 Requirement for certain forms of bills of lading. 1035.2 Modification o

20、f front of uniform bill of lading. APPENDIX A TO PART 1035UNIFORM STRAIGHT BILL OF LADING APPENDIX B TO PART 1035CONTRACT TERMS AND CONDITIONS AUTHORITY: 49 U.S.C. 721, 11706, 14706. SOURCE: 58 FR 60797, Nov. 18, 1993, unless otherwise noted. CROSS REFERENCES: For interstate trans-portation of lives

21、tock, see 9 CFR parts 7177. For lading and unlading of vessels, see 19 CFR part 4. 1035.1 Requirement for certain forms of bills of lading. (a) All common carriers, except ex-press companies, engaged in the trans-portation of property other than live-stock and wild animals, by rail or by water subje

22、ct to the Interstate Com-merce Act are required to use straight bills of lading as prescribed in Appen-dix A and B to this part, or order bills of lading as prescribed in Appendix A and B to this Part, except that order bills of lading shall: (1) Be entitled Uniform Order Bill of Lading and be desig

23、nated as Nego-tiable on the front (appendix A to this part); (2) Indicate consignment to the order of * * * on the front (appendix A to this part); and (3) Provide for endorsement on the back portion (appendix B to this part). (b) All such bills of lading: (1) May be either documented on paper or is

24、sued electronically; (2) May be a copy, reprographic or otherwise, of a printed bill of lading, free from erasure and interlineation; (3) May vary in the arrangement and spacing of the printed matter on the face of the form. 1035.2 Modification of front of uni-form bill of lading. Notwithstanding an

25、y other provision of 1035.1(a), with respect to the infor-mation called for, the front portion only (appendix A to this part) of a bill of lading may deviate from the lan-guage prescribed in this part so long as the deviation conforms with approved national standards for the electronic data intercha

26、nge or other commercial requirements for bill of lading informa-tion; provided that no such deviation in the language shall affect the obliga-tions of any shipper to provide infor-mation absent the consent of such shipper nor shall such deviation be deemed to alter any rights or obliga-tions conferr

27、ed by statute or regula-tion on either carriers or shippers with respect to the preparation or issuance of bills of lading. APPENDIX A TO PART 1035UNIFORM STRAIGHT BILL OF LADING UNIFORM STRAIGHT BILL OF LADING OriginalNot Negotiable Shippers No llllllllllllllllAgents No lllllllllllllllllCompany llllllllllllllllllVerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00083 Fmt 8010 Sfmt 8002 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-