(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall designate an agent in the District of Columbia, on whom service of notices in a proceeding before, and of actions of, the Commission may be made.
(2) A motor carrier, a broker, a water carrier, or a household goods freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 of this title shall designate an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Commission may be made.
(b) A designation under subsection (a) of this section shall be in writing and filed with the Commission. A motor carrier or broker providing transportation under a certificate or permit issued under this subtitle shall also file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(c) Except as otherwise provided, notices of the Commission shall be served as follows:
(1) A notice of the Commission to a rail, express, sleeping car, or pipeline carrier is served on its designated agent at the office or usual place of residence in the District of Columbia of that agent. A notice of action of the Commission shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission.
(2) A notice to a motor carrier or broker is served personally or by mail on the motor carrier or broker or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier or broker does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier or broker maintains headquarters and in the office of the Secretary of the Commission.
(3) A notice to a water carrier or household goods freight forwarder is served personally or by mail on the water carrier or household goods freight forwarder or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when notice is served. If a water carrier or household goods freight forwarder does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission.
(d) In a proceeding involving the lawfulness of classifications, rates, or practices of (1) a rail, express, sleeping car, or pipeline carrier that has not designated an agent under this section, or (2) a household goods freight forwarder, service of notice of the Commission on an attorney in fact who filed the tariff for the carrier constitutes service of notice on the carrier.
(e) In a proceeding involving the lawfulness of classifications, rates, or practices—
(1) service of notice of the suspension of a tariff on an attorney in fact of a carrier or broker, except a freight forwarder, constitutes service of notice on the carrier or broker if that attorney filed the tariff and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved; and
(2) service of notice of the suspension of a joint tariff or schedule on a carrier or a broker, except a freight forwarder, that filed that tariff or schedule to which another carrier or broker is a party and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved, constitutes service of notice on all carriers or brokers that are parties to the joint tariff.
Service of notice under this subsection may be made by mail on that attorney or carrier at the address shown in the tariff.
(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 99–521, §5(b), Oct. 22, 1986, 100 Stat. 2994.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10329(a)(1) | 49:50 (related to notice less 22d and 23d and 68th–98th words and words after semicolon). | June 18, 1910, ch. 309, §6, 36 Stat. 544; Oct. 22, 1913, ch. 32, §1, 38 Stat. 219. |
| 10329(a)(2) | 49:321(a) (1st sentence less “in writing”), (d) (related to notice). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §221(a) and (d) (related to notice); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 563; Sept. 18, 1940, ch. 722, §25(a), 54 Stat. 928; Aug. 2, 1949, ch. 379, §14, 63 Stat. 487. |
| 49:915(a) (1st sentence less “in writing”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §315(a); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946; Aug. 9, 1949, ch. 379, §19, 63 Stat. 489. | |
| 49:1016(a) (1st sentence less “in writing”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §416(a); added May 16, 1942, ch. 318, §1, 56 stat. 296. | |
| 10329(b) | 49:50 (related to notice 22d and 23d and 68th–98th words and less words after semicolon). 49:321(a) (1st and 2d sentences less “in writing” in 1st sentence). 49:915(a) (1st and 2d sentences less “in writing” in 1st sentence). 49:1016(a) (1st and 2d sentences less “in writing” in 1st sentence). |
|
| 10329(c)(1) | 49:16(5) (1st sentence). | Feb. 4, 1887, ch. 104, §16(5), 24 Stat. 384; Mar. 2, 1889, ch. 382, §5, 25 Stat. 859; June 29, 1906, ch. 3591, §5, 34 Stat. 590; restated June 18, 1910, ch. 309, §13, 36 Stat. 534; Feb. 28, 1920, ch. 91, §425, 41 Stat. 492; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543; Sept. 18, 1940, ch. 722, §11(b), 54 Stat. 913; Aug. 2, 1949, ch. 379, §6, 63 Stat. 486. |
| 49:50 (related to notice less words before semicolon). | ||
| 10329(c)(2) | 49:321(a) (3d, 4th, and 5th sentences). | |
| 10329(c)(3) | 49:915(a) (3d, 4th, and 5th sentences). 49:1016(a) (3d, 4th, and 5th sentences). |
|
| 10329(d) | 49:16(5) (2d sentence less proviso). | |
| 49:1016(a) (6th sentence). | ||
| 10329(e) | 49:16(5) (proviso of 2d sentence and last sentence). 49:321(a) (less 1st–5th sentences). 49:915(a) (less 1st–5th sentences). |
The section restates the source provisions for clarity.
In subsection (a), the word “shall” is substituted for “It shall be the duty of” in 49:50, 321(a), 915(a), and 1016(a) for clarity. The words “city of Washington” in 49:50 are omitted as surplus.
In subsection (c)(1), the words “with like effect as if made personally upon such” in 49:50 are omitted as surplus.
In subsections (d) and (e), the word “constitutes” is substituted for “shall be deemed to be due and sufficient” in 49:16(5), 321(a), 915(a), and 1016(a). The word “rates” is substituted for “rates, fares, charges” in view of the definition of “rates” in section 10102 of the revised title. The word “tariff” is substituted for “tariff” and “schedule” in view of the definition of “tariff” in section 10102 of the revised title. The words “but such manner of service shall not be considered as excluding service in any other manner authorized by law” in 49:321(a) and 915(a) are omitted as surplus in view of the introductory language of subsection (c) and the organization of subsections (d) and (e).
1986—Subsecs. (a)(2), (c)(3), (d). Pub. L. 99–521 inserted “household goods” before “freight forwarder” wherever appearing.
Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.
This section is referred to in section 10927 of this title.