Page:United States Statutes at Large Volume 92 Part 2.djvu/103

 PUBLIC LAW 95-473—OCT. 17, 1978 (b) When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title is challenged as being unreasonably high, the Commission shall determine, within 90 days after the start of a proceeding under section 10707 of this title to investigate the lawfulness of that rate, whether the carrier proposing the rate has market dominance over the transportation to which the rate applies. The Commission may make that determination on its own initiative or on complaint. A finding by the Commission that the carrier does not have market dominance is determinative in a proceeding under this subtitle related to that rate or transportation unless changed or set aside by the Commission or set aside by a court of competent jurisdiction. (c) When the Commission finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum. This subsection does not limit the power of the Commission to suspend a rate under section 10707(c) of this title. However, if the Commission has found that a carrier does not have market dominance over the ti-ansportation to which the rate applies, the Commission may suspend an increase in that rate as being in excess of a reasonable maximum for that transportation only if it specifically changes or sets aside its prior determination of market dominance. § 10710. Elimination of discrimination against recyclable materials The Interstate Commerce Commission shall maintain regulations that will eliminate discrimination against the transportation of recyclable materials in rate structures and in other Commission practices where discrimination exists. § 10711. Effect of certain sections on rail rates and practices Sections 10701(a) and (b), 10707, 10709, 10727, and 10728 of this title, related to rail carriers, do not— (1) modify the application of sections 10701(c), 10726, 10741-10744, or 11103 of this title in determining whether a rate or practice complies with this subtitle; (2) make a competitive practice that is unfair, destructive, predatory, or otherwise undermines competition that is necessary in the public interest comply with this subtitle; (3) affect a law in existence on February 5, 1976, or the authority of the Interstate Commerce Commission related to rate relationships between ports; or (4) affect the authority and responsibility of the Commission to guarantee the equalization of rates in the same port.

92 STAT. 1383

Ante, p. 1359.

Suspension.

49 USC 10710.

49 USC 10711.

SUBCHAPTER II—SPECIAL CIRCUMSTANCES § 10721. Government traffic 49 USC 10721. (a)(1) Except as provided in this section, the full applicable commercial rate shall be paid for transportation for the United States Government by a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission

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