Page:United States Statutes at Large Volume 92 Part 2.djvu/144

 92 STAT. 1424

PUBLIC LAW 95-473—OCT. 17, 1978

day after the end of the period during which the direction of the Commission is effective, and funds are authorized to be appropriated for Audit. that payment. The Commission may audit any such record. 49 USC 11126. § 11126. Distribution of coal cars (a) Subject to subsection (b) of this section, a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Ante, p. 1359. Commission under subchapter I of chapter 105 of this title shall make a reasonable distribution of cars for transportation of coal among the coal mines served by it whether the mines are located on its line or are customarily dependent on it for car supply. If the supply of available cars does not equal the requirements of the mines, the carrier shall maintain and apply reasonable ratings of the mines and count each car furnished to or used by a mine for transportation of coal against that •'** mine. However, coal cars supplied by shippers or receivers are deemed not to be a part of the carrier's fleet and are not counted in determining a question about distribution or car count under subsection (b) of this section or section 10102, 10501, 10701-10703, 10707, 10721(b), 10722 (c) - (d), 1 0 7 2 3 (a) - (b)(1), 10724(a), 10741-10744, 10746, 10749, 10750, Ante, pp. 1338, 10901, 10902, 10907, 11101, 11103-11105, 11121-11125, 11127, 11128(a) 1.79'ISn ^1)' 11501(c), 11505(a), 1 1 7 0 2 (a)(1), 11703, 1 1901 (d) - (e)(2), 138311386 •^^^^^' -^^^^^' ^'^^^^^ 11^^'^' ll^l'"^' "^ 1191^' "* ^^is title. 1390 1391' ('^) (1) ^^ ^^^^ subsection, "unit-train service" means the movement 1393' 1394' of ^ single shipment of coal of at least 4,500 tons, tendered to one 1402^ 1403,.Po5f, carrier, on one bill of lading, at one origin, on one day, and destined pp. 1444, 1448, to one consignee, at one plant, at one destination, over one route. 1450, 1455, (2) Unit-train service and non-unit-train service are deemed to be 1457, 1459, separate and distinct classes of service. A distinction shall be made 1464. "Unit train between them and between the cars used in each class of service. A Service." question about the reasonableness of, or discrimination in, the distribution of cars shall be determined within each class and not between them, notwithstanding a section referred to in subsection (a) of this section. 49 USC 11127. § 11127. Service of f r e i g h t for w a r d e r s (a)(1) W h e n the Interstate Commerce Commission considers that a shortage of equipment, congestion of traffic, or other emergency requires immediate action at a place in the United States, the Commission may— (A) suspend any service, equipment, or facilities requirement applicable to a freight forwarder under the jurisdiction of the Commission under subchapter IV of chapter 105 of this title; (B) take action to promote transportation in the interest of the public and of commerce; and (C) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits. (2) W h e n the Commission considers that any such freight forwarder cannot properly serve the public by providing service for the traffic offered it, the Commission may require the handling, routing, and movement of that traffic in another manner to promote conmierce and service to the public. W h e n the equipment or facilities of another freight forwarder are required to be used, the freight forwarders may establish terms of compensation between themselves subject to subsection (b)(2) of this section. (b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on

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