Page:United States Statutes at Large Volume 92 Part 2.djvu/91

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92 STAT. 1371

PUBLIC LAW 95-473—OCT. 17, 1978 SUBCHAPTER IV—TAEIFFS AND T R A F F I C 10761. Transportation prohibited without tariff. 10762. General tariff requirements. 10763. Designation of certain routes by shippers or Interstate Commerce Commission. 10764. Arrangements between carriers: copy to be filed with Interstate Commerce Commission. 10765. Water transportation under arrangements with certain other carriers. 10766. Freight forwarder traffic agreements.

SUBCHAPTER V—VALUATION OF PROPERTY 10781. 10782. 10783. 10784. 10785. 10786.

Investigation and report by Interstate Commerce Commission. Ite(iuirements for establisliing value. Cooperation and assistance of carriers. Revision of property valuations. Finality of valuation: notice, protest, and review. Applicability.

SUBCHAPTER I—GENERAL AUTHORITY

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§ 10701. Standards for rates, classifications, through routes, rules, and practices (a) A rate, classification, rule, or practice related to transportation or service provided by a carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title must be reasonable. A through route established by such a carrier must be reasonable. Divisions of joint rates by those carriers must bo made without unreasonable discrimination against a participating carrier and must be reasonable. (b)(1) A rate for transportation provided by a rail carrier subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title that contributes, or would contribute, to the going concern value of that carrier does not violate subsection (a) of this section because it is below a reasonable minimum rate for the service rendered or to be rendered. This subsection does not prohibit increasin^ a rate to a level that contributes to the going concern value of a rail carrier if the increase is otherwise reasonable. The increased rate is presumed reasonable if it does not exceed the incremental costs of rendering the transportation to which the increase applies. (2)(A) A rate for transportation by a rail carrier that equals or exceeds the variable costs of providing the transportation is presumed to contribute to the going concern value of the rail carrier proposing the rate. However, the presumption may be rebutted by clear and convincing evidence. (B) Variable and incremental costs shall be determined under formulas prescribed by the Commission. However, when making a determination of variable costs, the Commission shall, on application of the rail carrier proposing the rate, determine only the costs of that carrier and only those costs of the specific service in question unless the specific information is not available. The Commission may not include in variable costs an expense that does not vary directly with the level of transportation provided under the proposed rate. (_c) A_ common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or ITT of chapter 105 of this title may not discriminate in its rates against a connecting line of another carrier providing transportation subject to the juris-

49 USC 10701.

Rate increases,

Nondiscrimination.

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