1071.2 Towage of floating objects.

AUTHORITY: The provisions of this Part 1071 issued under 54 Stat. 929, 931, as amended; 49 U.S.C. 902, 903, 904.

SOURCE: The provisions of this Part 1071 appear at 32 F.R. 20061, Dec. 20, 1967, unless otherwise noted.

§ 1071.1 Oilfield equipment, Gulf States marshlands.

Contract carriers by water, insofar as they engage in leasing or chartering vessels for the purpose of transporting machinery, materials, supplies, and equipment incidental to, or used in, the construction, development, operation and maintenance of facilities for the discovery, development and production of natural gas and petroleum, to and from points in the marshland oilfields of Alabama, Florida, Mississippi, Louisiana and Texas be, and they are hereby, exempted from the requirements of Part III of the Interstate Commerce Act until the further order of the Commission.

§ 1071.2 Towage of floating objects.

Transportation by contract carriers of empty vessels to and from shipyards, floating objects such as derricks, dredges, tanks, caissons, pontoons, and other floating objects, other than logs and piling in rafts, of varying shapes, sizes, and drafts which are not designed or used for the carrying of passengers and property, is hereby exempted from the requirements of Part III of the Interstate Commerce Act until the further order of the Commission.

PART 1072-SMALL CRAFT; REMOVAL FROM STATUTORY EXEMPTION

Sec. 1072.1 Definitions; small and large craft. 1072.2 Application of Part III to certain transportation by small craft.

AUTHORITY: The provisions of this Part 1072 issued under 54 Stat. 931, as amended, 933; 49 U.S.C. 903, 904.

SOURCE: The provisions of this Part 1072 appear at 32 F.R. 20061, Dec. 20, 1967, unless otherwise noted.

§ 1072.1 Definitions; small and large craft.

The term "small craft", as used in this part, means a vessel or vessels of not more than 100 tons carrying capacity or not more than 100 indicated horsepower, and the term "large craft", as used in this part, means a vessel or vessels of greater carrying capacity and power. § 1072.2 Application of Part III to certain transportation by small craft.

The application of the provisions of Part III of the Interstate Commerce Act to transportation as described hereinafter by small craft is hereby declared necessary to carry out the national transportation policy declared in the act and the provisions of said part, except section 303 (g) insofar as that section applies to transportation by small craft, shall apply to (a) transportation of property by small craft by common carriers by water which are engaged also in the transportation of property partly by railroad or motor vehicle and partly by water under common control, management, or arrangement; (b) transportation of property by small craft by common or contract carriers by water which are engaged also in the transportation of property by large craft between common points or within a common territory; and (c) transportation of property by small craft by common or contract carriers by water which are engaged also in the transportation of passengers subject to the provisions of Part III of the act by vessels equipped to carry more than 16 passengers.

All such contracts shall show:

(a) In the upper right-hand corner a number in the consecutive series of the forwarder filing the same;

(b) The full and correct name and address of each party to the contract, and the ICC number, omitting subnumbers, identifying the operating authority of each;

(c) A description of the transportation service to be performed by the motor carrier, and all other services in connection therewith; the points between which, or the geographical area to or from which, the service is to be performed; the compensation to be paid therefor, specified in lawful money of the United States per unit of weight or other defined units; and, where transportation is for a total distance of 450 highwaymiles or more, whether it is line-haul transportation in truckload lots between concentration points and break-bulk points.

(d) The effective date of the contract; and

(e) All other terms and conditions agreed upon between the parties to the contract.

Within 10 days after termination of a contract, a notice shall be filled with the Commission showing the effective date of such termination. A new contract superseding an old contract shall specifically cancel the old contract. In the event of a change of name or the transfer of the operating authority of either party to a contract, if the contract services, terms and conditions are to be continued, a new contract showing the correct names of the new parties or a joint writing adopting the old contract shall be filed with the Commission within 30 days.

§ 1080.5 Contracts continued.

Evidence of agreements or amendments thereto, filed with the Commission prior to September 20, 1951, in accordance with the regulations hertofore proposed in Docket No. 29493, Freight Forwarders, Motor Common Carriers, Agreements, 272 I.C.C. 413 (13 F.R. 5861), will be accepted as substantial compliance with the rules and regulations of this part, but any changes in such agreements with any carrier subsequent to September 20, 1951, shall be indicated by the filing, in conformity with the rules and regulations of this part, of complete new contracts covering service by that carrier, or of amendments completely covering the particular traffic involved, which amendments shall clearly indicate the portions of the schedules and evidence of concurrence superseded thereby; except that all such filings made prior to September 20, 1951, shall be superseded by new contracts complying with the rules and regulations of this part and filed with the Commission not later than June 30, 1953. § 1080.6 Public inspection.

All contracts and amendments thereto filed with the Commission under the rules and regulations of this part shall be open to public inspection.

PART 1081-BILLS OF LADING

Sec. 1081.1 Through bills of lading to be issued. 1081.2 Conflicting regulations and practices to be discontinued.

AUTHORITY: The provisions of this Part 1081 issued under secs. 403, 404, 413, 56 Stat. 285, 286, 295; 49 U.S.C. 1003, 1004, 1013.

SOURCE: The provisions of this Part 1082 appear at 32 F.R. 20062, Dec. 20, 1967, unless otherwise noted.

§ 1081.1 Through bills of lading to be issued.

All freight forwarders subject to part IV of the Interstate Commerce Act participating in the transportation of property in interstate commerce are required, on or before April 1, 1945, and thereafter, to maintain and apply on all shipments moving under forwarder rates in interstate commerce, rules, regulations, and practices providing for the issuance to the shipper, at the initial point of origin, of a through bill of lading, covering the transportation from initial point of origin to ultimate destination, either by the freight forwarder on its form, or by a motor common carrier on its form with a notation thereon showing the name of the freight forwarder in whose service the shipment is moving. Where a motor common carrier receives property at initial point of origin and issues a receipt therefor on its form, with a notation thereon showing the name of the freight forwarder in whose service the shipment is moving, the freight forwarder, upon receiving the shipment at the "on line" or consolidating station, shall issue a through bill of lading on its form as of the date the shipment is received at initial point of origin.

§ 1081.2 Conflicting regulations and practices to be discontinued.

All freight forwarders subject to part IV of the Interstate Commerce Act according as they participate in the transportation of property and interstate commerce are hereby notified and required to cease and desist on or before April 1, 1945, and thereafter to abstain from publishing or applying rules, regulations, and practices affecting the issuance of bills of lading or shipping receipts which are in conflict with the provisions of § 1081.1.

merce Act without being considered as conducting operations as a freight forwarder subject to part IV of the Interstate Commerce Act provided:

(a) That the air freight forwarder shall not hold out to assume responsibility for, nor make any claim in its advertising, solicitation of freight, or tariff publications that it will assume responsibility for, any shipment prior to its receipt from or after it is turned over to an authorized motor common carrier for movement beyond the air freight for'warder's terminal area as defined in tariffs filed with and accepted by the Civil Aeronautics Board.

(b) That all shipment documents issued by the air freight forwarder shall state clearly that its responsibility for the shipment does not extend beyond its actual air movement and the territorial extent of its terminal area as provided for in tariffs published with the Civil Aeronautics Board.

(c) That the air freight forwarder shall receive no compensation from any shipper or motor carrier for services rendered in connection with the receipt of shipments from or the delivery of shipments to a motor carrier for movement beyond the air freight forwarder's terminal area.

[32 F.R. 20062, Dec. 20, 1967]

PART 1083-FILING OF CONTRACTS FOR JOINT LOADING AND TERMINAL SERVICES AND FACILITIES

§ 1083.1 Filing of contracts between freight forwarders for joint loading. All contracts or agreements between freight forwarders for joint loading and for all terminal services and facilities shall be in writing; and each freight forwarder which is a party to such a contract or agreement on the date this section becomes effective or which shall thereafter enter into such a contract or agreement, immediately shall file with the Commission a verified copy of each such contract in the form in which the same was or may be executed.

(56 Sat. 285, 294; 49 U.S.C. 1003, 1012) [32 F.R. 20062, Dec. 20, 1967]

class

Definitions.

The term (a) Freight forwarder. "freight forwarder" means any person which (otherwise than as a carrier subject to Part I, II, or III, of the Interstate Commerce Act) holds itself out to the general public to transport or provide transportation of property, or any or classes of property, for compensation, in interstate commerce, and which, in the ordinary and usual course of its undertaking, (1) assembles and consolidates or provides for assembling and consolidating shipments of such property, and performs or provides for the performance of break-bulk and distributing operations with respect to such consolidated shipments, and (2) assumes responsibility for the transportation of such property from point of receipt to point of destination, and (3) utilizes, for the whole or any part of the transportation of such shipments, the services of a carrier or carriers subject to Part I, II, or III of the act.

(b) Motor vehicle. The term "motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of property, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails: Provided, however, That the following combinations will be regarded as one motor vehicle, (1) a tractor and trailer or semitrailer when the tractor is engaged in drawing the trailer or semitrailer, and (2) a truck and trailer when both together bear a single load.

(c) Any one conveyance. The term "any one conveyance" means any one railroad car, motor vehicle, truck, trailer, semitrailer, or any other vehicle (except a watercraft) used in the transportation of property with respect to which a

freight forwarder performs service subject to part IV of the Interstate Commerce Act.

(d) Any one watercraft. The term "any one watercraft" means any one vessel or other artificial contrivance of whatever description used or capable of being used, or intended to be used in the transportation by water of property with respect to which a freight forwarder performs services subject to part IV of the Interstate Commerce Act.

(e) Fiduciary. The term "fiduciary" shall have the meaning ascribed to it in § 1084.6 (a) of this chapter.

(f) Other terms. Where any other terms used in the regulations in this part are defined in section 402(a) of part IV of the Interstate Commerce Act, such definitions to the extent applicable shall be controlling. Where terms are used in the regulations in this part which are neither defined herein nor in said section 402(a), they shall have the ordinary practical meaning of such terms giving due consideration to the purpose of the regulations in this part in relation to the Interstate Commerce Act.

§ 1084.2

General requirements.

(a) Cargo. No freight forwarder shall engage or continue in service subject to part IV of the Interstate Commerce Act unless and until there shall have been filed with and accepted by the Commission a surety bond, certificate or insurance, qualifications as a self-insurer or other securities or agreements, in the amounts hereinafter prescribed, for loss of or damage to property with respect to which said freight forwarder performs service subject to part IV of the act.

(b) Public liability and property damage. No freight forwarder shall engage or continue in the performance of transfer, collection and delivery service subject to part IV of the Interstate Commerce Act unless and until there shall have been filed with and accepted by the Commission a surety bond, certificate of insurance, qualifications as a self-insurer, or other securities or agreements, in the amounts hereinafter prescribed, conditioned to pay any final judgment recovered against such freight forwarder on account of bodily injuries to or death of any person, or loss of or damage to property, except property referred to in paragraph (a) of this section, resulting from the negligent operation, maintenance, or use of motor vehicles operated