Page:United States Statutes at Large Volume 94 Part 2.djvu/656

 94 STAT. 1934 49 USC 10327. Adjudication. 49 USC 11343 note. Ante, p. 1932.

PUBLIC LAW 96-448—OCT. 14, 1980

importance. The decision of the Commission under this subsection is a final action under section 10327 of this title.". (e) Any application filed or pending on the effective date of this Act under section 11343, 11344, or 11345 of title 49, United States Code, before the Secretary of Transportation, the Interstate Commerce Commission, or any court shall be adjudicated or determined as if this Act had not been enacted. SAVINGS PROVISIONS

Rate complaints. 49 USC 10701a note. 49 USC 10501.

49 USC 10709. Ante, p. 1898.

SEC. 229. (a) Any rate that is in effect on the effective date of this Act for transportation by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of title 49, United States Code, may, during the 180-day period beginning on such effective date, be challenged in a complaint filed with the Interstate Commerce Commission by any interested party alleging that the rail carrier has market dominance over the transportation to which the rate applies, as determined under section 10709 of such title, and that the rate is not reasonable under section 10701a of such title. Ob) Any rate described in subsection (a) of this section— (1) which is not challenged in a complaint filed within the 180day period provided in such subsection; or (2) which is challenged in such a complaint, but (A) the rail carrier is found not to have market dominance over the transportation to which the rate applies, or (B) the rate is found to be reasonable, shall be deemed to be lawful and may not thereafter be challenged in the Commission or in any court (other than on appeal from a decision of the Commission). (c) The provisions of this section shall not apply to any rate under which the volume of traffic moved during the 12-month period immediately preceding the effective date of this Act did not exceed 500 net tons and has increased tenfold within the 3-year period immediately preceding the bringing of a challenge to the reasonableness of such rate. (d) The burden of proof in any proceeding under this section shall be on the complainant. TITLE III-RAILROAD COST DETERMINATIONS UNIFORM ACCOUNTING SYSTEM

49 USC 11142.

49 USC 10521, 10541, 10561.

SEC. 301. Section 11142 of title 49, United States Code, is amended to read as follows: "§11142. Uniform accounting system "The Interstate Commerce Commission may prescribe a uniform accounting system for classes of carriers providing, and brokers for, transportation subject to the jurisdiction of the Commission under subchapters II, III, and IV of chapter 105 of this title.". RAILROAD COST ACCOUNTING

SEC. 302. (a) Chapter 111 of title 49, United States Code, is amended by adding at the end thereof the following new subchapter:

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