§10728. Separate rates for distinct rail services

(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may, on its own initiative or at the request of a shipper or receiver of property, establish separate rates for distinct rail services to—

(1) encourage competition;

(2) promote increased reinvestment by rail carriers; and

(3) encourage and make easier increased non-railroad investment in the production of rail services.

(b) The Commission shall maintain expeditious procedures to permit separate rates for distinct rail services to—

(1) encourage those services to be priced in accordance with the cash-outlay incurred by the carrier and the demand for them; and

(2) enable shippers and receivers to evaluate transportation and related rates and alternatives.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388.)

In subsection (a), the words “rail carrier” are substituted for “a carrier by railroad” for consistency. The word “property” is substituted for “freight” for consistency. The word “establish” is substituted for “file” for clarity. The words “In order to” are omitted as surplus. The words “make . . . easier” are substituted for “facilitate” for clarity.

In subsection (b), the words “Within 1 year after the date of enactment of this paragraph” are omitted as executed. The words “Commission shall maintain expeditious procedures” are substituted for “Commission shall establish, by rule, expeditious procedures” for clarity. The word “all” is omitted as surplus. The word “rates” is substituted for “charges” in view of the definition of “rate” in section 10102 of the revised title.

Section Referred to in Other Sections

This section is referred to in sections 10711, 10741 of this title.