Page:United States Statutes at Large Volume 94 Part 2.djvu/620

 94 STAT. 1898

Ante, p. 1897.

PUBLIC LAW 96-448—OCT. 14, 1980

"(9) to cooperate with the States on transportation matters to assure that intrastate regulatory jurisdiction is exercised in accordance with the standards established in this subtitle; "(10) to encourage honest and efficient management of railroads and, in particular, the elimination of noncompensatory rates for rail transportation; "(11) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability; "(12) to encourage fair wages and safe and suitable working conditions in the railroad industry; "(13) to prohibit predatory pricing and practices, to avoid undue concentrations of market power and to prohibit unlawful discrimination; "(14) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information; and "(15) to encourage and promote energy conservation.". (b) Section 10101(a) of title 49, United States Code, is amended by striking out "To ensure" and inserting in lieu thereof "Except where policy has an impact on rail carriers, in which case the principles of section 10101a of this title shall govern, to ensure". (c) The section analysis of chapter 101 of title 49, United States Code, is amended by inserting after the item relating to section 10101 the following new item: "lOlOla. Rail transportation policy.".

TITLE II—RAILROAD RATES AND INTER-CARRIER PRACTICES REGULATION OF RAILROAD RATES

SEC. 201. (a) Subchapter I of chapter 107 of title 49, United States Code, is amended by inserting after section 10701 the following new section: 49 USC 10701a. "§ 10701a. Standards for rates for rail carriers "(a) Except as provided in subsection Qy) or (c) of this section and unless a rate is prohibited by a provision of this title, a rail carrier providing transportation subject to the jurisdiction of the Interstate 49 USC 10501. Commerce Commission under subchapter I of chapter 105 of this title may establish any rate for transportation or other service provided by the carrier. "(b)(l) If the Commission determines, under section 10709 of this 49 USC 10709. title, that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable. "(2) In any proceeding to determine the reasonableness of a rate described in paragraph (1) of this subsection— "(A) the shipper challenging such rate shall have the burden of proving that such rate is not reasonable if^ "(i) such rate (I) is authorized under section 10707a of this title, and (II) results in a revenue-variable cost percentage for the transportation to which the rate applies that is less than the lesser of the percentages described in clauses (i) and Post, p. 1901. (ii) of section 10707a(e)(2)(A) of this title; or

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