Page:United States Statutes at Large Volume 94 Part 2.djvu/632

 94 STAT. 1910 Agricultural commodities, transportation.

49 USC 11101.

49 USC 11123. Railroad contract rate advisory service.

Ante, p. 1895.

PUBLIC LAW 96-448—OCT. 14, 1980

provisions of this section. Nothing in this section shall affect the rights of the parties to challenge the existence of such a contract. "(k)(l) Any rail carrier may, in accordance with the terms of this section, enter into contracts for the transportation of agricultural commodities (including forest products and paper) involving the utilization of carrier owned or leased equipment not in excess of 40 percent of the capacity of such carrier's owned or leased equipment by major car type (plain boxcars, covered hopper cars, gondolas and open top hoppers, coal cars, bulkhead flatcars, pulpwood rackcars, and flatbed equipment, including TOFC/COFC), except that in the case of a proposed contract between a class I carrier and a shipper originating an average of 1,000 cars or more per year during the prior 3-year period by major car type on a particular carrier, not more than 40 percent of carrier owned or leased equipment utilized on the average during the prior 3-year period may be used for such contract without prior authorization by the Commission. "(2) The Commission may, on request of a rail carrier or other party or on its own initiative, grant such relief from the limitations of paragraph (1) of this subsection as the Commission considers appropriate, if it appears that additional equipment may be made available without impairing the rail carriers ability to meet its common carrier obligations under section 11101 of this title. "(1) Service under a contract approved under this section shall be deemed to be a separate and distinct class of service, and the equipment used in the fulfillment of such a contract shall not be subject to car service decisions under section 11123 of this title, "(m) The Commission shall establish a railroad contract rate advisonr service. The advisory service shall— (1) compile and disseminate to interested parties nonconfidential summaries of the provisions of individual contract information relating to the provisions of contracts entered into under this section with regard to various goods, items, and commodities covered by such contracts; "(2) provide the Commission and interested parties with advice regarding contracts; and (3) assess the impact on competition among shippers of variations between contract rates for various shipments and the published single car rates, and submit a report on such impact to the Congress not later than 90 days after the effective date of the Staggers Rail Act of 1980.". (b) The section analysis for chapter 107 of title 49, United States Code, is amended by inserting immediately after the item relating to section 10712, as added by this Act, the following new item: "10713. Contracts.". DEMAND SENSITIVE RATES

Repeal.

SEC. 209. Section 10727 of title 49, United States Code, and the item relating to such section in the section analysis for chapter 107 of such title, are repealed. PHASEOUT OP CAPITAL INCENTIVE RATES

Repeal.

49 USC 10729 note.

SEC. 210. (a) Section 10729 of title 49, United States Code, and the item relating to such section in the section analysis of chapter 107 of such title, are repealed. (b) Notwithstanding any other provision of law, any rate established by a rail carrier under section 10729 of title 49, United States

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