Page:United States Statutes at Large Volume 94 Part 2.djvu/623

 PUBLIC LAW 96-448—OCT. 14, 1980

94 STAT. 1901

that showing by evidence of such t5T)e, and in accordance with such burden of proof, as the Commission shall prescribe. "(4) A finding by the Commission that a rate charged by a rail carrier results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than the applicable percentage under paragraph (2) of this subsection does not establish a presumption that (A) such rail carrier has or does not have market dominance over such transportation, or (B) the proposed rate exceeds or does not exceed a reasonable maximum. "(5)(A) Within 180 days after the effective date of the Staggers Rail Cost recovery Act of 1980 and on an annual basis thereafter, the Commission shall percentages. determine the cost recovery percentage for the transportation of all Ante, p. 1895. traffic received by rail carriers. The Commission shall make such determination after considering each individual revenue-variable cost percentage resulting from the revenues and costs of a valid and reliable statistical sample of all movements of commodities transported by class I rail carriers during the most recent calendar year for which such information is available. "(B) If, on the basis of calculations under subparagraph (A) of this paragraph, the Commission determines that revenues earned by all class I rail carriers during the previous calendar year do not exceed the fixed and variable costs of such carriers, then the cost recovery percentage for purposes of this section shall be deemed to be equal to the cost recovery percentage last determined by the Commission. "(C) The Commission shall, in its annual report submitted to the Congress under section 10311 of this title, set forth the cost recovery 49 USC I03ii percentage determined for that year under subparagraph (A) of this paragraph.". ZONE OF RATE FLEXIBILITY

SEC. 203. (a) Subchapter I of chapter 107 of title 49, United States Code, is amended by inserting after section 10707 the following new section: "§ 10707a. Zone of rail carrier rate flexibility "(a) In this section— "(1)(A) 'base rate' means, with respect to the transportation of a particular commodity (i) for the 24-month period beginning on October 1, 1980, the rate in effect on October 1, 1980, (ii) for the 24-month period beginning on October 1, 1982, the rate in effect on October 1, 1982, and (iii) for the 5-year period beginning on October 1, 1984, and for each subsequent 5-year period, the rate in effect on the first day of the applicable 5-year period. "(B) If no rate exists for the transportation of a particular commodity on October 1, 1980, the base rate for the transportation of such commodity shall be the rate established by the rail carrier (divided by the latest rail cost adjustment factor published by the Commission), unless such rate is found to be unreasonable by the Commission, in which case the base rate shall be the rate authorized by the Commission (divided by the latest rail cost adjustment factor published by the Commission). "(2)(A) 'adjusted base rate' means the base rate for the transportation of a particular commodity multiplied by the latest rail cost adjustment factor published by the Commission pursuant to this paragraph. "(B) Commencing with the fourth quarter of 1980, the Commission shall, as often as practicable but in no event less often than

49 USC 10707a. "Base rate."

"Adjusted base rate."

Rail cost adjustment factor.

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