Page:United States Statutes at Large Volume 92 Part 2.djvu/110

 92 STAT. 1390

PUBLIC LAW 95-473—OCT. 17, 1978

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of technology, is or will become a source of raw material for commercial or industrial use. (b) When appropriate, the Interstate Commerce Commission shall— (1) investigate the rate structure for the transportation of recyclable or recycled materials and competing virgin material by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 Ante, p. 1359. of this title and the manner in which that rate structure has been affected by successive general rate increases approved by the ' Commission for those carriers; (2) determine whether those rate increases affect any part of the rate structure in violation of section 10701 or 10741 of this title and order the rate found to be in violation of either of those sections removed from the rate structure; and Proceedings, (3) report to the President and Congress, in each of the annual report to reports of the Commission for 1978 and 1979, and in other approPresident and priate reports, all proceedings started or completed under this Congress. subsection. Public hearing. (c) A determination under subsection (b)(2) of this section may be made only after a public hearing. During the hearing, the rail carriers have the burden of proving that rate increases that affect the rate structure applicable to the transportation of those competing materials comply with sections 10701 and 10741 of this title. Research (d) In cooperation with the Commission, the Secretary of Transprogram, portation shall maintain a research, development, and demonstration cooperation with program to develop and improve transport terminal operations, transTransportation port service characteristics, transport equipment, and collection and Secretary. processing methods to facilitate the competitive and efficient transportation of recyclable or recycled materials by rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title. SUBCHAPTER III-^LIMITATIONS

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49 USC 10741. § 10741. Prohibitions against discrimination by common carriers ,^J^.;, (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may not charge or receive from a person a different compensation (by using a special rate, rebate, drawback, or another means) for a service rendered, or txy be rendered, in transportation the carrier may perform under this subtitle than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances. A common carrier that charges or receives such a different compensation for that service unreasonably discriminates. (b) A common carrier providing transportation or service subject Ante, p. 1358. to the jurisdiction of the Commission under chapter 105 of this title may not subject a person, place, port, or type of traffic to unreasonable discrimination. However, subject to subsection (c) of this section, this subsection does not apply to discrimination against the traffic of another carrier providing transportation by any mode. (c) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II, or III of that

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