Page:United States Statutes at Large Volume 92 Part 2.djvu/108

 92 STAT. 1388

Relief.

Proceeding.

49 USC 10727. Standards and procedures.

Annual report to Congress, legislative recommendations. 49 USC 10728.

Expeditious procedures.

PUBLIC LAW 95-473—OCT. 17, 1978

(b) In special cases, the Commission may authorize a carrier to charge less for transportation over a longer distance than it charges for transportation over a shorter distance. The Commission may prescribe the extent to which a carrier authorized to charge less under this subsection may be granted relief from subsection (a) of this section. However, the Commission may not authorize a rate— (1) to or from the more distant place unless it is reasonably compensatory; or (2) because of potential water competition not actually in existence. (c) A rail carrier that reduces a rate for the transportation of property in competition with a water route to or from competitive places may increase the rate only if, after a proceeding, the Commission finds that the increase is proposed because of a change in conditions other than the elimination of water competition. (d) The Commission shall begin a proceeding under subsection (b) of this section on application of a carrier. A carrier may file a proposed rate with its application, and if the application is approved, the Commission shall allow the rate to become effective one day after the approval becomes effective. §10727. Demand-sensitive rates (a) The Interstate Commerce Commission shall maintain standards and procedures to permit seasonal, regional, or peak-period demand rates for transportation by rail carrier subject to its jurisdiction under subchapter I of chapter 105 of this title, that— (1) provide sufficient incentives to shippers, through rescheduling and advance planning, to reduce peak-period shipments; (2) generate additional revenue for rail carriers; (3) make better use of the national supply of freight cars; (4) improve— (A) the transportation of property by rail carriers; (B) the level of employment by rail carriers; and (C) the financial stability of markets served by rail carriers. (b) The Commission shall submit to Congress an annual report on the implementation of rates under this section and shall include recommendations for additional legislation needed to make it easier to establish those rates. §10728. Separate rates for distinct rail services (a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may, on its own initiative or at the request of a shipper or receiver of property, establish separate rates for distinct rail services to— (1) encourage competition; (2) promote increased reinvestment by rail carriers; and (3) encourage and make easier increased non-railroad investment in the production of rail services. (b) The Commission shall maintain expeditious procedures to permit separate rates for distinct rail services to— (1) encourage those services to be priced in accordance with the cash-outlay incurred by the carrier and the demand for them; and (2) enable shippers and receivers to evaluate transportation and related rates and alternatives.

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