Page:United States Statutes at Large Volume 94 Part 2.djvu/652

 94 STAT. 1930

Ante, p. 1895.

PUBLIC LAW 96-448—OCT. 14, 1980

or leased by such shippers, under payment by such carriers or under a published allowance, are unable to agree upon the amount of compensation to be paid for the use of such rolling stock, any party directly involved in the negotiations may require that the matter be settled by submitting the issues in dispute to the Commission. The Commission shall render a binding decision, based upon a standard of reasonableness and after taking into consideration any past precedents on the subject matter of the negotiations, no later than 90 days after the date of the submission of the dispute to the Commission. "(C) Nothing in this paragraph shall be construed to change the law in effect prior to the effective date of the Staggers Rail Act of 1980 with respect to the obligation of rail carriers to utilize rolling stock owned or leased by shippers.". CAR UTIUZATION

SEC. 225. (a) Subchapter II of chapter 107 of title 49, United States Code, is amended by inserting at the end thereof the following new section: 49 USC 10734.

«§ 10734. Car utilization "In order to encourage more efficient use of freight cars, notwithstanding any other provision of this subtitle, rail carriers shall be permitted to establish tariffs containing premium charges for special services or special levels of services not provided in any tariff otherwise applicable to the movement. The Commission shall facilitate development of such tariffs so as to increase the utilization of equipment.'. O> The section analysis of chapter 107 of title 49, United States t) Code, is amended by inserting immediately after the item relating to section 10731 the following new item: "10734. Car utilization.". CAR SERVICE ORDERS FOREIGNT CIRCUMSTANCES

Commission action, extension.

SEC. 226. Section 11123(a) of title 49, United States Code, is amended to read as follows: "(a)(1) When the Interstate Commerce Commission finds that a shortage of equipment, congestion of traffic, or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days— "(A) suspend any car service rule or practice; "(B) take action during the emergency to promote service in the interest of the public and of commerce regardless of the ownership (as between carriers) of a locomotive, car, or other vehicle on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section; "(C) require joint or common use of facilities, on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section, when that action will best meet the emergency and serve the public interest; and "(D) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits. "(2) The Commission may extend any action taken under paragraph (1) of this subsection beyond the thirty-day period provided in

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