Page:United States Statutes at Large Volume 90 Part 1.djvu/96

 90 STAT. 4 6

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 does not so incorporate such rate into its individual tariff. The Commission may, upon good cause shown, extend such period of time. Notice of any such extension and a statement of the reasons therefor shall be promptly transmitted to the Congress. The ". INTRASTATE RAILROAD RATE PROCEEDINGS

Application.

SEC. 210. Section 13 of the Interstate Commerce Act (49 U.S.C. 13) is amended by striking out ": Provided, That " and all that follows through "hearing and decision therein" in paragraph (4) thereof, and by adding at the end thereof the following new paragraph: " (5) The Commission shall have exclusive authority, upon application to it, to determine and prescribe intrastate rates if— " (a) a carrier by railroad has filed wath an appropriate administrative or regulatory body of a State, a change in an intrastate rate, fare, or charge, or a change in a classification, regulation, or practice that has the effect of changing such a rate, fare, or charge, for the purpose of adjusting such rate, fare, or charge to the rate charged on similar traffic moving in interstate or foreign commerce; and " (b) the State administrative or regulatory body has not, within 120 days after the date of such filing, acted finally on such change. Notice of the application to the Commission shall be served on the appropriate State administrative or regulatory body. Upon the filing of such an application, the Commission shall determine and prescribe, according to the standards set forth in paragraph (4) of this section, the rate thereafter to be charged. The provisions of this paragraph shall apply notwithstanding the laws or constitution of any State, or the pendency of any proceeding before any State court or other State authority.". DEMURRAGE CHARGES

Rules and regulations.

SEC. 211. Section 1(6) of the Interstate Commerce Act (49 U.S.C. 1 (6)) is amended by inserting at the end thereof the following new sentence: "Demurrage charges shall be computed, and rules and regulations relating to such charges shall be established, in such a manner as to fulfill the national needs with respect to (a) freight car utilization and distribution, and (b) maintenance of an adequate freight car supply available for transportation of property.". CAR SERVICE COMPENSATION AND PRACTICES

Notice and hearing. Rules and regulations.

SEC. 212. (a) Section 1(14)(a) of the Interstate Commerce Act (49 U.S.C. 1(14)(a)) is amended to read as follows: " ( 1 4)(a) I t is the intent of the Congress to encourage the purchase, acquisition, and efficient utilization of freight cars. I n order to carry out such intent, the Commission may, upon complaint of an interested party or upon its own initiative without complaint, and after notice and an opportunity for a hearing, establish reasonable rules, regulations, and practices with respect to car service by common carriers by railroad subject to this part, including (i) the compensation to be paid for the use of any locomotive, freight car, or other vehicle, (ii) the other terms of any contract, agreement, or arrangement for the use of any locomotive or other vehicle not owned by the carrier by which it is used (and whether or not owned by another carrier, shipper, or t h i r d party), and (iii) the penalties or other sanctions for nonobservance of

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