United Parcel Service of America - Page 6




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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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