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sorted by destination, loaded back onto trailers, and hauled to
the appropriate center, where they are loaded onto package cars
for delivery. Packages traveling by air are sorted at an air hub
and transported to the center for delivery.
B. Shipping Rates and Tariffs
As a domestic motor common carrier, petitioner was regulated
by the Interstate Commerce Commission (ICC). Petitioner's
intrastate service was regulated by State transportation agencies
and public utility commissions. As an air carrier, petitioner
was regulated by the Civil Aeronautics Board.
The ICC issued Certificates of Public Convenience and
Necessity as evidence of the carrier's authority to engage in
transportation as a common carrier by motor vehicle. UPS-New
York and UPS-Ohio each filed tariffs7 and tariff supplements with
the ICC.8 The ICC tariffs and tariff supplements contained
provisions which governed the rates and services offered by
petitioner to its shippers. The tariffs filed with the ICC by
7A tariff is a "public document setting forth services of
common carrier being offered, rates and charges with respect to
services and governing rules, regulations and practices relating
to those services." Black's Law Dictionary 1457 (6th ed. 1990).
8Generally, a motor common carrier must publish and file
with the ICC tariffs containing the rates for transportation it
may provide. See Trucking Industry Regulatory Reform Act of
1994, 49 U.S.C. sec. 10762(a)(1) (1994); see also Fabulous Fur
Corp. v. United Parcel Serv., 664 F. Supp. 694, 695 (E.D.N.Y.
1987).
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