Page:United States Statutes at Large Volume 94 Part 2.djvu/633

 PUBLIC LAW 96-448—OCT. 14, 1980

94 STAT. 1911

Code, prior to the effective date of this Act shall remain in effect in accordance with its terms, but for no longer than 5 years after the date it became effective, unless the parties otherwise agree. However, the Interstate Commerce Commission may, during the period such a rate is in effect, order such rate revised to a level equal to the incremental cost of providing the transportation if the Commission finds that the level then in effect reduces the going concern value of the rail carrier.

Rate revision.

PERMISSIVE LIMITED LIABILITY RATES

SEC. 211. (a) Section 10730(a) of title 49, United States Code, is amended by inserting "and excluding any rail carrier" immediately after "motor common carrier of property'. (b) Section 10730 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(c) A rail carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title may establish rates for transportation of property under which the liability of the carrier for such property is limited to a value established by written declaration of the shipper or by a written agreement between the shipper and the carrier, and may provide in such written declaration or agreement for specified amounts to be deducted from any claim against the carrier for loss or damage to the property or for delay in the transportation of such property.". (c) Section 11707(d) of title 49, United States Code, is amended— (1) by inserting "(1)" immediately after "(d)"; (2) by inserting "(other than a rail carrier)" immediately after "delivering carrier"; and (3) by adding at the end thereof the following new paragraph: "(2)(A) A civil action under this section may only be brought— "(i) against the originating rail carrier, in the judicial district in which the point of origin is located; "(ii) against the delivering rail carrier, in the judicial district in which the principal place of business of the person bringing the action is located if the delivering carrier operates a railroad or a route through such judicial district, or in the judicial district in which the point of destination is located; and "(iii) against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred. "(B) A civil action under this section may be brought in a United States district court or in a State court. "(C) In this section, 'judicial district' means (i) in the case of a United States district court, a judicial district of the United States, and (ii) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.. (d) Within one year after the effective date of this Act, the Attorney General and the Interstate Commerce Commission shall independently investigate whether rail carriers should continue to be subject to section 11707 of title 49, United States Code, and submit a report to the Congress setting forth recommendations to Congress for appropriate legislative action. Each such investigation shall address the following issues: (1) Whether, in the case of traffic with respect to which rail carriers do not have market dominance, such carriers should be

49 USC 10501.

"Judicial district."

Investigation; report to Congress. 49 USC 11707 note.

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