Page:United States Statutes at Large Volume 94 Part 2.djvu/634

 94 STAT. 1912

PUBLIC LAW 96-448—OCT. 14, 1980 subject to any higher level of liability for loss and damage than they are willing to agree to with the shippers of such traffic. (2) Whether, in the case of traffic with respect to which rail carriers have market dominance, such carriers should be subject to any greater liability than would be imposed under a statutory comparative negligence standard. (3) Whether liability for damage to rail traffic should be determined under a no-fault liability system and what shippers should bear the cost of such a system. (4) Whether venue in cases arising from rail carrier liability for damages to traffic should be further limited. (5) Whether rail carrier property damage cases should be subject to laws other than Federal law. (6) Whether the right to claims should be limited to either the shipper or receiver of property. (7) Whether maximum time limits should be imposed on the filing of claims with rail carriers and the courts. (8) Whether the prevailing party in a claims proceeding should be awarded attorneys fees in order to limit needless litigation. (9) Whether excessive attorneys fees are awarded in cases under section 11707 of title 49, United States Code. (10) Whether claimants should be able to recover damages in excess of the market value of the commodity transported unless liability for special or consequential damages is agreed to by the carrier in unity. RATE DISCRIMINATION

49 USC 10501.

Ante, p. 1908.

49 USC 10728. 49 USC 10751.

SEC. 212. Section 10741 of title 49, United States Code, is amended by striking out subsection (e) and inserting in lieu thereof the following new subsections: "(e) Differences between rates, classifications, rules, and practices of rail carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title do not constitute a violation of this section if such differences result from different services provided by rail carriers. "(f) This section shall not apply to— "(1) contracts approved under section 10713 of this title, other than as provided in subsection (d)(2)(A)(ii) and (d)(2)(B) of such section; "(2) surcharges or cancellations under section 10705a of this title; "(3) separate rates for distinct rail services under section 10728 of this title; "(4) rail rates applicable to different routes; or "(5) expenses authorized under section 10751 of this title, except that with respect to rates described in paragraphs (2), (3), and (4), nothing in this subsection shall affect the authority of the Commission under this section with respect to rate relationships between ports or within the same port.". EXEMPTION

SEC. 213. Section 10505 of title 49, United States Code, is amended to read as follows:

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