Page:United States Statutes at Large Volume 109 Part 1.djvu/826

 109 STAT. 810 PUBLIC LAW 104^88—DEC. 29, 1995 "(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to— "(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic; "(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and "(C) the carrier's mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier's overall revenues, recognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under section 10704(a)(2) of this title. "(3) The Board shall, within one year after the effective date of this paragraph, complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case. "A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall establish reasonable— "(1) rates, to the extent required by section 10707, divisions of joint rates, and classifications for transportation and service it may provide under this part; and "(2) rules and practices on matters related to that transportation or service. routes "Rail carriers providing transportation subject to the jurisdiction of the Board under this part shall establish through routes (including physical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classifications applicable to those routes, and shall establish rules for their operation and provide— "(1) reasonable facilities for operating the through route; and "(2) reasonable compensation to persons entitled to compensation for services related to the through route. and practices prescribed by Board "(a)(1) When the Board, after a full hearing, decides that a rate charged or collected by a rail carrier for transportation subject to the jurisdiction of the Board under this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the maximum rate, classification, rule, or practice to be followed. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not
 * § 10702. Authority for rail carriers to establish rates, classifications, rules, and practices
 * § 10703. Authority for rail carriers to establish through
 * § 10704. Authority and criteria: rates, classifications, rules,

�