Page:United States Statutes at Large Volume 92 Part 2.djvu/96

 92 STAT. 1376 Differential.

PUBLIC LAW 95-473—OCT. 17, 1978

or III of chapter 105 of this title. When one of the carriers on a through route is a water carrier, the Commission shall prescribe a differential between an all-rail rate and a joint rate related to the water carrier if the differential is j ustified. (2) The Commission may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when— Post, p. 1419. (A) required under section 10741-10744 or 11103 of this title; (B) one of the carriers is a Avater carrier; (C) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or (D) the Commission decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation. .,, ' The Commission shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes. Prohibition. (3) The Commission may not prescribe— (A) a through route, classification, practice, or rate between a street electric passenger railway not euj^aged in the general business of transporting freight in addition to its passenger and express business and (i) a rail carrier of a different character, or (ii) a water common carrier; or (B) a through route or joint rate applicable to it to assist a participating carrier to meet its financial needs. (b) The Commission shall prescribe the division of joint rates to be received by a carrier providing transportation subject to its jurisdiction under chapter 105 of this subtitle when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Commission under subsection (a) of this section, does or will violate section 10701 of this title. When prescribing the division of joint rates of a rail or water carrier under this subsection, the Commission shall consider— (1) the efficiency with which the carriers concerned are ^ operated;
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(2) the amount of revenue required by the carriers to pay their operating expenses and taxes and receive a fair return on the I property held and used for transportation; I.,: (3) the importance of the transportation to the public; (4) whether a particular participating carrier is an origi,1 nating, intermediate, or delivering line; and (5) other circumstances that ordinarily, without regard to the ,, mileage traveled, entitle one carrier to a different proportion of a rate than another carrier. (c) If a division of a joint rate prescribed under a decision of the Commission is later found to violate section 10701 of this title, the Commission may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Commission decides is justified. The Commission may make a decision under this paragraph effective as part of its original decision.
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