49 U.S.C. § 13702 — Tariff requirement for certain transportation

(a) In general: Except for free charitable transportation, a carrier under chapter 135's jurisdiction may only provide (1) noncontiguous domestic trade transportation — except for bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste — or (2) household goods transportation, if the rate is in a tariff that's currently in effect. The carrier can't charge a different amount than the tariff rate, whether by refunding part of it, giving a special privilege, letting someone use a facility that changes the value of the service, or any other trick. A tariff rate must be stated in U.S. dollars. (b) Tariff Requirements for Noncontiguous Domestic Trade. (1) Filing: A carrier providing the transportation in (a)(1) must publish and file tariffs with the Board listing its rates, and keep them open for public inspection. The Board decides the form and process for publishing, filing, and displaying tariffs. (2) Contents: The Board may require specific information in a tariff, but at minimum a tariff must clearly show: (A) the carriers covered by it; (B) the places goods will move between; (C) terminal charges, if the carrier's service falls under subchapter III of chapter 135; (D) any privileges given and facilities allowed; and (E) any rules that change or affect part of the published rate. (3) Inland divisions: A carrier under (a)(1) using a joint rate for a through movement doesn't have to separately state or reveal the inland shares of that rate in its tariff filing. (4) Time-volume rates: Tariff rates filed under this subsection can change based on how much cargo is offered over a set time period. (5) Changes: The Board may let carriers change rates, classifications, rules, and practices without refiling a whole tariff for parts that aren't changing, if the Board finds that consistent with the public interest. Carriers may then either (A) publish new tariffs with the changes, or (B) clearly mark the proposed changes in the current tariffs and make the marked-up version available for inspection. (6) Complaints: Someone can file a complaint with the Board that a rate, rule, or practice in one of these tariffs breaks section 13701(a). (c) Tariff Requirements for Household Goods Carriers. (1) In general: A carrier moving household goods must keep its rates and related rules in a published tariff, available for the Board to inspect and for shippers to inspect on reasonable request. (2) Notice of availability: A carrier can't enforce its tariff unless it has told people — in the bill of lading or by other actual notice — that the tariff is available for inspection. (3) Requirements: A carrier that keeps a tariff under this subsection is bound by it, except where this part says otherwise. A tariff that doesn't meet these rules can't be enforced against a shipper. (4) Incorporation by reference: A carrier can reference its tariff's rates and terms inside household goods transportation agreements instead of copying them out. (5) Complaints: Someone can file a complaint with the Board that a rate or rule in this tariff breaks section 13701(a). (d) Invalidation: The Board may invalidate a tariff that a carrier prepared under this section if the tariff violates this section or a Board regulation carrying it out.