Page:United States Statutes at Large Volume 94 Part 2.djvu/621

 PUBLIC LAW 96-448—OCT. 14, 1980

94 STAT. 1899

"(ii) such rate does not meet the description set forth in clause (i) of this subparagraph, but the Commission does not begin an investigation proceeding under section 10707 of this title to determine whether such rate is reasonable; and "(B) the rail carrier establishing the challenged rate shall have the burden of proving that such rate is reasonable if— "(i) such rate (I) is greater than that authorized under section 10707a of this title, or (II) results in a revenuevariable cost percentage for the transportation to which the rate applies that is equal to or greater than the lesser of the percentages described in clauses (i) and (ii) of section 10707a(e)(2)(A) of this title; and "(ii) the Commission begins an investigation proceeding under section 10707 of this title to determine whether such rate is reasonable. "(3) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Commission shall recognize the policy of this title that rail carriers shall earn adequate revenues, as established by the Commission under section 10704(a)(2) of this title. "(c)(l) A rate for transportation or other service provided by a rail carrier subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title may not be established below a reasonable minimum. Any rate for transportation by such a rail carrier that does not contribute to the going concern value of such carrier is presumed to be not reasonable. A rate that contributes to the going concern value of such carrier is conclusively presumed not to be below a reasonable minimum. "(2) A rate for transportation by a rail carrier that equals or exceeds the variable cost of providing the transportation is conclusively presumed to contribute to the going concern value of such rail carrier. "(3)(A) Upon the filing of a complaint alleging that a rate is in violation of this subsection, the Commission shall take final action thereon by the 90th day after the date such complaint is filed. "(B) If the Commission determines, based on the record after opportunity for a hearing, that a rate is in violation of this subsection, the Commission shall order such rate to be raised, but only to the minimum level required by this subsection. The complainant shall have the burden of proving that such rate is in violation of this subsection. "(4)(A) For purposes of this subsection, variable costs shall be determined under formulas or procedures prescribed or certified by the Commission. "(B) In the determination of variable costs for purposes of minimum rate regulation, the Commission shall, on application of the rail carrier proposing the rate, determine only the costs of such carrier and only those costs of the specific service in question unless the specific information is not available. The Commission may not include in such variable costs an expense that does not vary directly with the level of transportation provided under the proposed rate.. ObXD Section 10701(a) of title 49, United States Code, is amended— (A) by inserting "(other than a rail rate)" immediately after "A rate" in the first sentence; (B) by inserting "(including a rail carrier)" immediately after "such a carrier" in the second sentence thereof; and (C) by inserting "(including rail carriers)" immediately after "those carriers" in the third sentence thereof.

49 USC 10707.

Post, p. 1901.

Post, p. 1906. 49 USC 10501.

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