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 90 STAT. 26

PUBLIC LAW 94-206—JAN. 28, 1976

Short title.

This Act may be cited as the "Departments of Labor and Health, Education, and Welfare Appropriation Act, 1976". CARL ALBERT

Speaker of the House of Representatives. JAMES 0.

EASTLAND

President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., January 27, 1976. The House of Representatives having proceeded to reconsider the bill (H.R. 8069) entitled "An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: EDMUND L. HENSHAW, JR.

Clerk. I certify that this Act originated in the House of Representatives. EDMUND L. HENSHAW, JR.

 * .,j

,

Clerk. IN THE SENATE OF THE UNITED STATES, January 28, 1976.

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The Senate having proceeded to reconsider the bill (H.R. 8069) entitled "An Act making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was

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 PUBLIC LAW 94-206—JAN. 28, 1976

90 STAT. 27

Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO

Secretary.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-311 (Comm. on Appropriations) and No. 94-689 (Comm. of Conference). SENATE REPORT No. 94-366 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 121 (1975): June 25, considered and passed House. Sept. 17, 18, 19, 22-26, considered and passed Senate, amended. Dec. 4, House agreed to conference report. Dec. 8, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 51: Dec. 19, Presidential veto message. CONGRESSIONAL RECORD, Vol. 122 (1976): Jan. 27, House overrode veto. Jan. 28, Senate overrode veto.

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 90 STAT. 28

PUBLIC LAW 94-207—FEB. 4, 1976

Public Law 94-207 94th Congress An Act Feb. 4, 1976 [H.R. 11510] Starling and blackbird control, Ky.-Tenn.

42 USC 4321 note. 7 USC 136 note.

To provide for starling and blackbird control in Kentucky and Tennessee.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds that in Kentucky and Tennessee large concentrations of starlings, grackles, blackbirds, and other birds found in "blackbird roosts" pose a hazard to human health and safety, livestock and agriculture, that the roosts are reestablished each winter, that dispersal techniques have been unsuccessful, that control is most effective when birds are concentrated in winter roosts, and that an emergency does exist which requires immediate action with insufficient time to comply with the National Environmental Policy Act. SEC. 2. (a) Upon certification by the Governor of Kentucky and/or Tennessee to the Secretary of the Interior that "blackbird roosts" are a significant hazard to human health, safety or property in his state, the Secretary of the Interior shall provide for roosts determined through normal survey practices of the Department of the Interior to contain in excess of 500,000 birds to be treated with chemicals registered for bird control purposes, unless the Secretary determines that treatment of a particular roost would pose a hazard to human health, safety or property. (b) The provisions of the National Environmental Policy Act of 1969 (83 Stat. 852), the Federal Environmental Pesticide Control Act (86 Stat. 975), or any other provision of law shall not apply to any such blackbird control activities undertaken, on or before April 15, 1976, by the States of Kentucky or Tennessee or the Federal Government within the States of Kentucky or Tennessee. Approved February 4, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Jan. 27, considered and passed House and Senate, in lieu of S. 2873.

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 PUBLIC LAW 94-208—FEB. 4, 1976

Public Law 94-208 94th Congress

90 STAT. 29

... Joint Resolution

To provide for the presentation by the United States to Israel of a statue of Abraham Lincoln to be donated by Leon and Ruth Gildesgame, of Mount Kisco. New York.

Feb. 4. 1976 [H.J. Res 406]

Whereas President A b r a h a m Lincohi symbolizes for millions of Americans the cherished dreams of freedom, human dignity, and hope for m a n k i n d; Whereas the people of the State of Israel share with the American people those dreams which A b r a h a m Lincoln symbolizes; and Whereas Leon and R u t h Gildesgame, of Mount Kisco, New York, are the owners of an award-winning statue of A b r a h a m Lincoln which they have expressed an interest in donating to the United States in order that it may be given as a gift from the people of the United States to the peoj^le of I s r a e l: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President (1) shall accept, on behalf of the United States, a statue of Abraham Lincoln from Leon and R u t h Gildesgame, of Mount Kisco, New York, and (2) shall present such statue to the people of Israel on behalf of the people of the United States. Approved February 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-717 (Comm. on International Relations). SENATE REPORT No. 94-588 (Comm. on Foreign Relations). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 17, considered and passed House. Vol. 122 (1976): Jan. 19, considered and passed Senate.

Abraham Lincoln, statute. Presentation to Israel.

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 90 STAT. 30

PUBLIC LAW 94-209—FEB. 5, 1976

Public Law 94-209 94th Congress

An Act

I'eb. 5, 1970 [S. 1657] 20 USC 75a. "Portraiture."

rpij amend the National Portrait Gallery Act to redefine "portraiture".

•

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 2(e) of the National P o r t r a i t Gallery Act (Public Law 87-443) is amended as follows: " The term ' p o r t r a i t u r e ' includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter.". Approved February 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-715 (Comm. on House Administration). SENATE REPORT No. 94-299 (Comm. on Rules and Administration). CONGRESSIONAL RECORD: Vol. 121 (1975): July 25, considered and passed Senate. Vol. 122 (1976): Jan. 19, considered and passed House, in lieu of H.R. 6397.

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 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 31

Public Law 94-210 94th Congress An Act To improve the quality of rail services in the United States through regulatory reform, coordination of rail services and facilities, and rehabilitation and improvement financing, and for other purposes.

—feb. 5, 197o [S. 2718]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, Railroad divided into titles and sections according to the following table of Revitelization contents, may be cited as tb.e "Railroad Revitalization and Regulatory- ^nd Regulatoi7 Reform Act of 1976": f^^^™ TABLE OF CONTENTS

TITLE I—GENERAL PROVISIONS Sec. 101. Declaration of policy. Sec. 102. Definitions. TITLE II—RAILROAD RATES Sec. Sec. Sec. Sec.

201. 202. 203. 204.

Sec. Sec. Sec. Sec. Sec. Sec. See. Sec.

205. 206. 207. 208. 209. 210. 211. 212.

Expeditious divisions of revenues. Railroad ratemaking. Tariff modifications. Investigation of discriminatory freight rates for the transportation of recyclable or recycled materials. Adequate revenue levels. Rate incentives for capital investment. Exemptions from Interstate Commerce Act. Rate bureaus. Filing procedures. Intrastate railroad rate proceedings. Demurrage charges. Car service compensation and practices.

TITLE III—REFORM OF THE INTERSTATE COMMERCE COMMISSION Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312.

Access to information by congressional committees. Effective date of orders of the Commission. Commission hearing and appellate procedure. Office of Rail Public Counsel. Reform of rules of practice before the Commission. Prohibiting discriminatory tax treatment of transportation property. Uniform cost and revenue accounting system. Securities. Rail Services Planning Office. Equitable distribution of cars for unit train service. Appropriations request. Law revision. TITLE IV—MERGERS AND CONSOLIDATIONS

Sec. 401. Responsibilities of the Secretary. Sec. 402. Merger procedure. Sec. 403. Expedited railroad merger procedure. TITLE V—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505.

Definitions. The Rail Fund. Classification and designation of rail lines. Capital needs study. Rehabilitation and improvement financing.

89-194 O—78—pt. 1

6

45 USC 801 note.

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 90 STAT. 32

PUBLIC LAW 94-210—FEB. 5, 1976 TABLE OF CONTENTS—Continued

TITLE V—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING—Continued Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. y:. '

'

506. 507. 608. 509. 510. 511. 512. 513. 514. 515. 516. 517.

Redeemable preference shares. Fund anticipation notes. Fund bonds. Authorizations. Exemption. Guarantee of obligations. Issuance of notes or obligations. Default on guaranteed obligations. Audit of transactions. Annual report. Employee protection. Intercity rail passenger service.

TITLE VI—IMPLEMENTATION OF THE FINAL SYSTEM PLAN Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

601. 602. 603. 604. 605. 606. 607. 608. 609. 610. 611. 612. 613. 614. 615. 616. 617. 618. 619.

General. Special court. Finance Committee. Obligations of the Association. Debentures and series A preferred stock. Loans. Miscellaneous amendments to title II. Capitalization of the Corporation. Protection of Federal funds. Continuing reorganization; supplemental transactions. Officers and directors of the Corporation, Miscellaneous amendments to title III. Definitions. ., Employment offers. Collective bargaining agreements. Employee protection. Duties of acquiring and selling railroads. Exemptions. Application of the National Environmental Policy Act.

TITLE VII—NORTHEAST CORRIDOR PROJECT IMPLEMENTATION Sec. 701. Sec. 702. Sec. 703. Sec. 704. Sec. 705. Sec. 706.

National Railroad Passenger Corporation. Operations Review Panel. Required goals. Funding. Conforming amendments. Facilities with historical or architectural significance. TITLE VIII—LOCAL RAIL SERVICE CONTINUATION

Sec. 801. Sec. 802. Sec. 803. Sec. 804. Sec. 805. See. 806. Sec. 807. Sec. 808. Sec. 809. Sec. 810.

Extension of service. «'. Discontinuance or abandonment. Local rail service assistance. Termination and continuation of rail services. Continuation assistance. Repeal. , . r^ Rail passenger service. Emergency operating assistance. Conversion of abandoned railroad rights-of-way. Rail bank. TITLE IX—MISCELLANEOUS PROVISIONS

Sec. 901. Sec. 902. Sec. 903. Sec. 904. Sec. 905. Sec. 906,

Comprehensive study of rail system. Study of aid to rail transportation. Study of conglomerates. Rail abandonment report. Nondiscrimination. Minority Resource Center.;, ' ' j t - *

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 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 33

TITLE I—GENERAL PROVISIONS DECLARATION o r POLICY

SEC. 101. (a) PURPOSE.—It is the purpose of the Congress in this Act 45 USC 801. to provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy, through— (1) ratemaking and regulatory reform; (2) the encouragement of efforts to restructure the system on a more economically justified basis, including planning authority in the Secretary of Transportation, an expedited procedure for determining whether merger and consolidation applications are in the public interest, and continuing reorganization authority; (3) financing mechanisms that will assure adequate rehabilitation and improvement of facilities and equipment, implementation of the final system plan, and implementation of the Northeast G)rridor project; (4) transitional continuation of service on light-density rail lines that are necessary to continued employment and community well-being throughout the United States; (5) auditing, accounting, reporting, and other requirements to protect Federal funds and to assure repayment of loans and financial responsibility; and (6) necessary studies. (b) POLICY.—It is declared to be the policy of the Congress in this Act to— (1) balance the needs of carriers, shippers, and the public; (2) foster competition among all carriers by railroad and other modes of transportation, to promote more adequate and efficient transportation services, and to increase the attractiveness of investing in railroads and rail-service-related enterprises; (3) permit railroads greater freedom to raise or lower rates for rail services in competitive markets; (4) promote the establishment of railroad rate structures which are more sensitive to changes in the level of seasonal, regional, and shipper demand; (5) promote separate pricing of distinct rail and rail-related services; (6) formulate standards and guidelines for determining adequate revenue levels for railroads; and (7) modernize and clarify the functions of railroad rate bureaus. DEFINITIONS

SEC. 102. As used in this Act, unless the context otherwise indicates, 45 USC 802. the term— (1) "Association" means the United States Railway Association; (2) "Commission" means the Interstate Commerce Commission; (3) "Corporation" means the Consolidated Rail Corporation;

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 90 STAT. 34

' '' •"

PUBLIC LAW 94-210—FEB. 5, 1976 (4) "final system plan" means the final system plan and any additions thereto adopted by the Association pursuant to the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.); (5) "includes" and variants thereof should be read as if the phrase "but is not limited to" were also set forth; (6) "Office" means the Rail Services Planning Office of the Commission; (7) "railroad" means a common carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3)), and includes the National Railroad Passenger Corporation and the Alaska Railroad; and (8) "Secretary" means the Secretary of Transportation or his designated representative. TITLE II - | ^ A I L R O A D RATES EXPEDITIOUS DIVISIONS OE REVENUES

Report to Congress.

Report to Congress.

SEC. 201. Section 15(6) of the Interstate Commerce Act (49 U.S.C. 15(6)) is amended by (1) inserting " (a) " immediately after "(6)", and (2) adding at the end thereof the following three new subdivisions: "(b) Notwithstanding any other provision of law, the Commission shall, within 180 days after the date of enactment of this subdivision, establish, by rule, standards and procedures for the conduct of proceedings for the adjustment of divisions of joint rates or fares (whether prescribed b}^ the Commission or otherwise) in accordance with the provisions of this paragraph. The Commission shall issue a final order in all such proceedings within 270 days after the submission to the Commission of a case. If the Commission is unable to issue such a final order within such time, it shall issue a report to the Congress setting forth the reasons for such inability. "(c) All evidentiary proceedings conducted pursuant to this paragraph shall be completed, in a case brought upon a complaint, within 1 year following the filing of the complaint, or, in a case brought upon the Commission's initiative, within 2 years following the commencement of such proceeding, unless the Commission finds that such a proceeding must be extended to permit a fair and expeditious cornpletion of the proceeding. If the Commission is unable to meet any such time requirement, it shall issue a report to the Congress setting forth the reasons for such inability. "(d) Whenever a proceeding for the adjustment of divisions of joint rates or fares (whether prescribed by the Commission or otherwise established) is commenced by the filing of a complaint with the Commission, the complaining carrier or carriers shall (i) attach thereto all of the evidence in support of their position, and (ii) during the course of such proceeding, file only rebuttal or reply evidence unless otherwise directed by order of the Commission. Upon receipt of a notice of intent to file a complaint pursuant to this paragraph, the Commission shall accord, to the party filing such notice, the same right to discovery that would be accorded to a party filing a complaint pursuant to this paragraph.". RAILROAD RATEMAKING

SEC. 202. (a) Section 1(5) of the Interstate Commerce Act (49 U.S.C. 1(5)) is amended by inserting " (a) " immediately after " (5) " and by adding at the end thereof the following new sentence: "The

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 PUBLIC LAW 94-210—FEB. 5, 1976 provisions of this subdivision shall not apply to common carriers by railroad subject to this part.". (b) Section 1(5) of the Interstate Commerce Act (49 U.S.C. 1(5)), as amended by subsection (a) of this section, is further amended by adding at the end thereof the following new subdivisions: "(b) Each rate for any service rendered or to be rendered in the transportation of persons or property by any common carrier by railroad subject to this part shall be just and reasonable. A rate that is unjust or unreasonable is prohibited and unlawful. No rate which contributes or which would contribute to the going concern value of such a carrier shall be found to be unjust or unreasonable, or not shown to be just and reasonable, on the ground that such rate is below a just or reasonable minimum for the service rendered or to be rendered. A rate which equals or exceeds the variable costs (as determined through formulas prescribed by the Commission) of providing a service s^^all be presumed, unless such presumption is rebutted by clear and convincing evidence, to contribute to the going concern value of the carrier or carriers proposing such rate (hereafter in this paragraph referred to as the 'proponent carrier'), In determining variable costs, the Commission shall, at the request of the carrier proposing the rate, determine only those costs of the carrier proposing the rate and only those costs of the specific service in question, except where such specific data and cost information is not available. The Commission shall not include in variable cost any expenses which do not vary directlv with the level of service provided under the rate in question. Notwithstanding any other provision of this part, no rate shall be found to be unjust or unreasonable, or not shown to be just and reasonable, on the ground that such rate exceeds a just or reasonable maximum for the service rendered or to be rendered, unless the Commission has first found that the proponent carrier has market dominance over such service. A finding that a carrier has market dominance over a service shall not create a presumption that the rate or rates for such service exceed a just and reasonable maximum. Nothing in this paragraph shall prohibit a rate increase from a level which reduces the going concern value of the proponent carrier to a level which contributes to such going concern value and is otherwise just and reasonable. For the purposes of the preceding sentence, a rate increase which does not raise a rate above the incremental costs (as determined through formulas prescribed by the Commission) of rendering the service to which such rate applies shall be presumed to be just and reasonable. " (c) As used in this part, the terms— "(i) 'market dominance' refers to an absence of effective competition from other carriers or modes of transportation, for the traffic or movement to which a rate applies; and "(ii) 'rate' means any rate or charge for the transportation of persons or property. "(d) Within 240 days after the date of enactment of this subdivision, the Commission shall establish, by rule, standards and procedures for determining, in accordance with section 15(9) of this part, whether and when a carrier possesses market dominance over a service rendered or to be rendered at a particular rate or rates. Such rules shall be designed to provide for a practical determination without administrative delay. The Commission shall solicit and consider the recommendations of the Attorney General and of the Federal Trade Commission in the course of establishing such rules.". (c) Section 15 of the Interstate Commerce Act (49 U.S.C. 15) is amended by redesignating paragraphs (8) through (14) thereof as

90 STAT. 35

"Market dominance." "Rate." Standards and procedures. 49 USC 15.

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 90 STAT. 36

Annual report to Congress.

•JA

PUBLIC LAW 94-210—FEB. 5, 1976 paragraphs (10) through (16) thereof, respectively, and by inserting therein a new paragraph (9) as follows: " (9) Following promulgation of standards under section 1(5)(d) of this part, whenever a rate of a common carrier by railroad subject to this part is challenged as being unreasonably high, the Commission shall, upon complaint or upon its own initiative and within 90 days after the commencement of a proceeding to investigate the lawfulness of such rate, determine whether the carrier proposing such rate lias market dominance, within the meaning of section 1(5)(c)(i) of this part, over the service to which such rate applies. If the Commission finds that such a carrier does not have such market dominance, such finding shall be determinative in all additional or other proceedings under this Act concerning such rate or service, unless (a) such finding is modified or set aside by the Commission, or (b) such finding is set aside by a court of competent jurisdiction. Nothing in this paragraph shall limit the Commission's power to suspend a rate pursuant to this section, except that if the Commission has found that a carrier does not have such market dominance over the service to which a rate applies, the Commission may not suspend any increase in such rate on the ground that such rate as increased exceeds a just or reasonable maximum for such service, unless the Commission specifically modifies or sets aside its prior determination concerning market dominance over the service to which such rate applies.". (d) Section 15 of the Interstate Commerce Act (49 U.S.C. 15) is amended by adding at the end thereof the following two new paragraphs: "(17) Within 1 year after the date of enactment of this paragraph, the Commission shall establish, by rule, standards and expeditious procedures for the establishment of railroad rates based on seasonal, regional, or peak-period demand for rail services. Such standards and procedures shall be designed to (a) provide sufficient incentive to shippers to reduce peak-period shipments, through rescheduling and advance planning; (b) generate additional revenues for the railroads; and (c) improve (i) the utilization of the national supply of freight cars, (ii) the movement of goods by rail, (iii) levels of employment by railroads, and (iv) the financial stability of markets served by railroads. Following the establishment of such standards and procedures, the Commission shall prepare and submit to the Congress annual reports on the implementation of such rates, including recommendations with respect to the need, if any, for additional legislation to facilitate the establishment of such demand-sensitive rates. "(18) In order to encourage competition, to promote increased reinvestment by railroads, and to encourage and facilitate increased nonrailroad investment in the production of rail services, a carrier by railroad subject to this part may, upon its own initiative or upon the request of any shipper or receiver of freight, file separate rates for distinct rail services. Within 1 year after the date of enactment of this paragraph, the Commission shall establish, by rule, expeditious procedures for permitting publication of separate rates tor distinct rail services in order to (a) encourage the pricing of such services in accordance with the carrier's cash-outlays for such services and the demand therefor, and (b) enable shippers and receivers to evaluate all transportation and related charges and alternatives.". (e) Section 15 of the Interstate Commerce Act (49 U.S.C. 15), as amended by this Act, is further amended— (1) by adding at the end of paragraph (7) thereof the following new sentence: "This paragraph shall not apply to common carriers by railroad subject to this part."; and

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 PUBLIC LAW 94-210—FEB. 5, 1976 (2) by inserting a new paragraph (8) as follows: "(8)(a) Whenever a schedule is filed with the Commission by a common carrier by railroad stating a new individual or joint rate, fare, or charge, or a new individual or joint classification, regulation, or practice affecting a rate, fare, or charge, the Commission may, upon the complaint of an interested party or upon its own initiative, order a hearing concerning the lawfulness of such rate, fare, charge,-classification, regulation, or practice. The hearing may be conducted without answer or other formal pleading, but reasonable notice shall be provided to interested parties. Such hearing shall be completed and a final decision rendered by the Commission not later than 7 months after such rate, fare, charge, classification, regulation, or practice was scheduled to become effective, unless, prior to the expiration of such 7-month period, the Commission reports in writing to the Congress that it is unable to render a decision within such period, together with a full explanation of the reason for the delay. I f such a report is made to the Congress, the final decision shall be made not later than 10 months after the date of the filing of such schedule. If the final decision of the Commission is not made within the applicable time period, the rate, fare, charge, classification, regulation, or practice shall go into effect immediately at the expiration of such time period, or shall remain in effect if it has already become effective. Such rate, fare, charge, classification, regulation, or practice may be set aside thereafter by the Commission if, upon complaint of an interested party, the Commission finds it to be unlawful. "(b) Pending a hearing pursuant to subdivision (a), the schedule may be suspended, pursuant to subdivision (d), for 7 months beyond the time when it would otherwise go into effect, or for 10 months if the Commission makes a report to the Congress pursuant to subdivision (a), except under the following conditions: "(i) in the case of a rate increase, a rate may not be suspended on the ground that it exceeds a just and reasonable level if the rate is within a limit specified in subdivision (c), except that such a rate change may be suspended under any provision of section 2, 3, or 4 of this part or, following promulgation of standards and procedures under section 1(5)(d) of this part, if the carrier is found to have market dominance, within the meaning of section l (6)(c)(i) of this part, over the service to which such rate increase applies; or "(ii) in the case of a rate decrease, a rate may not be suspended on the ground that it is below a just and reasonable level if the rate is within a limit specified in subdivision (c), except that such a rate change may be suspended under any provision of section 2, 3, or 4 of this part, or for the purposes of investigating such rate change upon a complaint that such rate change constitutes a competitive practice which is unfair, destructive, predatory or otherwise undermines competition which is necessary in the public interest. "(c) The limitations upon the Commission's power to suspend rate changes set forth in subdivisions (b)(i) and (ii) apply only to rate changes which are not of general applicability to all or substantially all classes of traffic and only if— "(i) the rate increase or decrease is filed within 2 years after the date of the enactment of this subdivision; "(ii) the common carrier by railroad notifies the Commission that it wishes to have the rate considered pursuant to this subdivision;

90 STAT. 37

Hearing and notice.

Schedule suspension.

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 90 STAT. 38

 * .r,

,

PUBLIC LAW 94-210—FEB. 5, 1976 "(iii) the aggregate of increases or decreases in any rate filed pursuant to clauses (i) and (ii) of this subdivision within the first 365 days following such date of enactment is not more than 7 per centum of the rate in effect on January 1, 1976; and "(iv) the aggregate of the increases or decreases for any rate filed pursuant to clauses (i) and (ii) of this subdivision within the second 365 day-period following such date of enactment is not more than 7 per centum of the rate in effect on January 1, 1977. "(d) The Commission may not suspend a rate under this paragraph unless it appears from specific facts shown by the verified complaint of any person that— " (i) without suspension the proposed rate change will cause substantial injury to the complainant or the party represented by such complainant; and "(ii) it is likely that such complainant will prevail on the merits. The burden of proof shall be upon the complainant to establish the matters set forth in clauses (i) and (ii) of this subdivision. Nothing in this paragraph shall be construed as establishing a presumption that any rate increase or decrease in excess of the limits set forth in clauses (iii) or (iv) of subdivision (c) is unlawful or should be suspended. "(e) If a hearing is initiated under this paragraph with respect to a proposed increased rate, fare, or charge, and if the schedule is not suspended pending such hearing and the decision thereon, the Commission shall require the railroads involved to keep an account of all amounts received because of such increase from the date such rate, fare, or charge became effective until the Commission issues an order or until 7 months after such date, whichever first occurs, or, if the hearings are extended pursuant to subdivision (a), until an order issues or until 10 months elapse, whichever first occurs. The account shall specify by whom and on whose behalf the amounts are paid. In its final order, the Commission shall require the common carrier by railroad to refund to the person on whose behalf the amounts were paid that portion of such increased rate, fare, or charge found to be not justified, plus interest at a rate which is equal to the average yield (on the date such schedule is filed) of marketable securities of the United States which have a duration of 90 days. With respect to any proposed decreased rate, fare, or charge which is suspended, if the decrease or any part thereof is ultimately found to be lawful, the common carrier by railroad may refund any part of the portion of such decreased rate, fare, or charge found justified if such carrier makes such a refund available on an equal basis to all shippers who participated in such rate, fare, or charge according to the relative amounts of traffic shipped at such rate, fare, or charge. "(f) In any hearing under this section, the burden of proof is on the common carrier by railroad to show that the proposed changed rate, fare, charge, classification, rule, regulation, or practice is just and reasonable. The Commission shall specifically consider, in any such hearing, proof that such proposed changed rate, fare, charge, classification, rule, regulation, or practice will have a significantly adverse effect (in violation of section 2 or 3 of this part) on the competitive posture of shippers or consignees affected thereby. The Commission shall give such hearing and decision preference over all other matters relating to railroads pending before the Commission and shall make its decision at the earliest practicable time.".

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 PUBLIC LAW 94-210—FEB. 5, 1976 (f) Nothing in the amendments made by this section shall be construed— (1) to modify the application of section 2, 3, or 4 of the Interstate Commerce Act (49 U.S.C. 2, 3, or 4) in determining the lawfulness of any rate or practice; (2) to make lawful any competitive practice which is unfair, destructive, predatory, or otherwise undermines competition which is necessary in the public interest; (3) to affect the existing law or the authority of the Commission with respect to rate relationships between ports; or (4) to affect the authority and responsibility of the Commission to guarantee the equalization of rates within the same port. (g) The Secretary and the Commission shall separately study the effect of the amendments made by this section on the development of an efficient and financially stable railway system in the United States. Such studies shall include (1) an analysis of the effect of such provisions upon shippers and upon carriers in all modes of transportation, and (2) proposals for further regulatory and legislative changes, if necessary. The Commission shall gather all data relating to such studies as requested by the Secretary, and shall make such data available to the Secretary. The Secretary and the Commission shall transmit the results of their respective studies to each House of Congress within 20 months after the date of the enactment of this Act. TARIFF MODIFICATIONS

SEC. 203. (a) Section 15(3) of the Interstate Commerce Act (49 U.S.C. 15(3)) is amended by adding at the end thereof the following new sentence: "With respect to carriers by railroad, in determining whether any such cancellation or proposed cancellation involving any common carrier by railroad is consistent with the public interest, the Commission shall, to the extent applicable, (a) compare the distance traversed and the average transportation time and expense required using the through route, and the distance traversed and the average transportation time and expense required using alternative routes, between the points served by such through route, (b) consider any reduction in energy consumption which may result from such cancellation, and (c) take into account the overall impact of such cancellation on the shippers and carriers who are affected thereby.". (b) Section 15a of the Interstate Commerce Act (49 U.S.C. 15a) is amended by adding at the end thereof the following new paragraph: "(5) The Commission shall, in any proceeding which involves a proposed increase or decrease in railroad rates, specifically consider allegations that such increase or decrease would change the rate relationships between commodities, ports, points, regions, territories, or other particular descriptions of traffic (whether or not such relationships were previously considered or approved by the Commission) and allegations that such increase or decrease would have a significantly adverse effect on the competitive position of shippers or consignees served by the railroad proposing such increase or decrease. If the Commission finds that such allegations as to change or effect are substantially supported on the record, it shall take such steps as are necessary, either before or after such proposed increase or decrease becomes effective and either within or outside such proceeding, to investigate the lawfulness of such change or effect.".

90 STAT. 39 49 USC 1 note. ..

Study. 49 USC 1 note.

Transmittal to Congress,

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text:
Page:Hockey, Canada's Royal Winter Game.djvu/1

CONTAINING A SHORT HISTORY OF THE BIRTH AND

DEVELOPMENT OF THE GAME, ITS RULES, HINTS ON

TRAINING, PRACTICE AND SCIENTIFIC PLAYS

WITH

SKETCHES AND PHOTOGRAPHS OF LEADING TEAMS

AND OPINIONS OF EXPERT PLAYERS.


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/90

 90 STAT. 40

PUBLIC LAW 94-210—FEB. 5, 1976 INVESTIGATION OF DISCRIMINATORY FREIGHT RATES FOR THE TRANSPORTATION OF RECYCLABLE OR RECYCLED MATERIALS

45 USC 793 note.

49 USC 1.

Public hearing.

Report to President and Congress.

SEC. 204. (a) INVESTIGATION.—The Commission, within 12 months after the date of enactment of this Act, and thereafter as appropriate, shall— (1) conduct an investigation of (A) the rate structure for the transportation, by common carriers by railroad subject to part I of the Interstate Commerce Act, of recyclable or recycled materials and competing virgin natural resource materials, and (B) the manner in which such rate structure has been affected by successive general rate increases approved by the Commission for such common carriers by r a i l r o a d; (2) determine, after a public hearing during which the burden of proof shall be upon such common carriers by railroad to show that such rate structure, as affected by rate increases applicable to the transportation of such competing materials, is just, reasonable, and nondiscriminatory, whether such rate structure is, in whole or in part, unjustly discriminatory or unreasonable; (3) issue, in all cases in which such transportation rate structure is determined to be, in whole or in part, unjustly discriminatory or unreasonable, orders requiring the removal from such rate structure of such unreasonableness or unjust discrimination; and (4) report to the President and the Congress, in the annual report of the Commission for each of the 3 years following the date of enactment of this Act, and in such other reports as may be appropriate, all actions commenced or completed under this section to eliminate unreasonable and unjustly discriminatory rates for the transportation of recyclable or recycled materials. (b) PARTICIPATION.—The Administrator of the Environmental Protection Agency shall take such steps as are necessary to assure that the Commission carries out the requirements set forth in subsection (a) of this section as expeditiously as possible. Such Administrator is authorized to participate as a party in the investigation to be commenced by the Commission under such subsection (a). (c) RESEARCH, DEVELOPMENT, AND DEMONSTRATION.—The Secretary,

in cooperation with the Commission, shall establish a research, development, and demonstration program to develop and improve transport terminal operations, transport service characteristics, transport equipment, and collection and processing methods for the purpose of facilit a t i n g the competitive and efficient transportation of recyclable or recycled materials by common carriers by railroad subject to part I of the Interstate Commerce Act. (d) REVIEW.—Orders issued by the Commission pursuant to this section shall be subject to judicial review or enforcement in the same manner as other orders issued by the Commission under the Interstate Commerce Act. I n all proceedings under this section, the Commission shall comply fully with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) DEFINITIONS.—As used in this section, the term— (1) "recyclable material" means any material which has been collected or recovered from waste for a commercial or industrial use, whether or not such collection or recovery follows end usage as a p r o d u c t; and I (2) "virgin natural resource material" and "virgin material" mean any raw material, including previously unused metal or metal ore, woodpulp or pulpwood, textile fiber or material, or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/91

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 41

other resource which is, or which will become (through the application of technology), a source of raw material for commercial or industrial use. ADEQUATE REVENUE LEVELS

SEC. 205. Section 15a of the Interstate Commerce Act (49 U.S.C. 15a) is amended— (1) by adding at the end of paragraph (2) and at the end of paragraph (3) the following new sentence: "This paragraph shall not apply to common carriers by railroad subject to this part."; and (2) by redesignating paragraph (4) as paragraph (6), and by inserting immediately after paragraph (3) the following new paragraph: "(4) With respect to common carriers by railroad, the Commission shall, within 24 months after the date of enactment of this paragraph, after notice and an opportunity for a hearing, develop and promulgate (and thereafter revise and maintain) reasonable standards and procedures for the establishment of revenue levels adequate under honest, economical, and efficient management to cover total operating expenses, including depreciation and obsolescence, plus a fair, reasonable, and economic profit or return (or both) on capital employed in the business. Such revenue levels should (a) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation and (b) insure retention and attraction of capital in amounts adequate to provide a sound transportation system in the United States. The Commission shall make an adequate and continuing effort to assist such carriers in attaining such revenue levels. No rate of a common carrier by railroad shall be held up to a particular level to protect the traffic of any other carrier or mode of transportation, unless the Commission finds that such rate reduces or would reduce the going concern value of the carrier charging the rate.".

Notice and hearing. Standards and procedures.

RATE INCENTIVES FOR CAPITAL INVESTMENT

SEC. 206. Section 15 of the Interstate Commerce Act (49 U.S.C. 15), as amended by section 202 of this Act, is amended by adding at the end thereof the following new paragraph: "(19) Notwithstanding any other provision of law, a common car- Notice, rier by railroad subject to this part may file with the Commission a notice of intention to file a schedule stating a new rate, fare, charge, classification, regulation, or practice whenever the implementation of the proposed schedule would require a total capital investment of $1,000,000 or more, individually or collectively, by such carrier, or by a shipper, receiver, or agent thereof, or an interested third party. The filing shall be accompanied by a sworn affidavit setting forth in detail the anticipated capital investment upon which such filing is based. Any Hearing, interested person may request the Commission to investigate the schedule proposed to be filed, and upon such request the Commission shall hold a hearing with respect to such schedule. Such hearing may be Notice, conducted without answer or other formal pleading, but reasonable notice shall be provided to interested parties. Unless, prior to the 180-day period following the filing of such notice of intention, the Commission determines, after a hearing, that the proposed schedule, or any part thereof, would be unlawful, such carrier may file the schedule at any time within 180 days thereafter to become effective after 30

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Page:United States Statutes at Large Volume 90 Part 1.djvu/92

 90 STAT. 42

PUBLIC LAW 94-210—FEB. 5, 1976 days' notice. Such a schedule may not, for a period of 5 years after its effective date, be suspended or set aside as unlawful under section 2, 3, or 4 of this part, except that the Commission may at any time order such schedule to be revised to a level equaling the variable costs of providing the service, if the rate stated therein is found to reduce the going concern value of the carrier.". EXEMPTIONS FROM INTERSTATE COMMERCE ACT

Notice and hearing.

SEC. 207. Paragraph (1) of section 12 of the Interstate Commerce Act (49 U.S.C. 1 2 (1)) is amended by inserting " (a) " immediately before " The Commission" and by adding at the end thereof the following new subdivision: " (b) Whenever the Commission determines, upon petition by the Secretary or an interested party or upon its own initiative, in matters relating to a common carrier by railroad subject to this part, after notice and reasonable opportunity for a hearing, that the application of the provisions of this part (i) to any person or class of persons, or (ii) to any services or transactions by reason of the limited scope of such services or transactions, is not necessary to effectuate the national transportation policy declared in this Act, would be an undue burden on such person or class of persons or on interstate and foreign commerce, and would serve little or no useful public purpose, it shall, by order, exempt such persons, class of persons, services, or transactions from such provisions to the extent and for such period of time as may be specified in such order. The Commission may, by order, revoke any such exemption whenever it finds, after notice and reasonable opportunity for a hearing, that the application of the provisions of this part to the exempted person, class of persons, services, or transactions, to the extent specified in such order, is necessary to effectuate the national transportation policy declared in this Act and to achieve effective regulation by the Commission, and would serve a useful public purpose.". RATE BUREAUS

49 USC 1, 301, 901.

SEC. 208. (a) Effective 270 days after the date of enactment of this Act, section 5a of the Interstate Commerce Act (49 U.S.C. 5b) is amended in paragraph (1)(A) thereof by striking out " part I, II, or III " and inserting in lieu thereof " part I (other than a common carrier by r a i l r o a d), part II, or part III ". (b) Part I of the Interstate Commerce Act is amended by inserting after section 5a thereof a new section 5b as follows: aAGREEMENTS

Definitions. 49 USC 5c.

BETWEEN CARRIERS SUBJECT TO PART I

"SEC. 5b. (1) As used in this section, the term— "(a) 'affiliate' means any person directly or indirectly controlling, controlled by, or under common control or ownership with, any other person, and as used in this subdivision, the term (i) 'control' has the same meaning as in section 1(3)(b) of this part; and (ii) 'ownership' refers to equity holdings of 5 per centum or more in any business entity; "(b) 'antitrust laws' means the Act of July 2, 1890, as amended (15 U.S.C. 1, et seq.), the Act of October 15, 1914, as amended (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Act of August 27, 1894, as amended (15 U.S.C. 8 and 9), and chapter 592 of the Act of June 19, 1936, as amended (15 U.S.C. 13, 13a, 13b, 21a); and "(c) 'carrier' means any common carrier by railroad subject to part I of this Act.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/93

 PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976

90 STAT. 43

" (2) Any carrier which is a party to an agreement, between or among two or more carriers, relating to rates, fares, classification, divisions, allowances, or charges (including charges between carriers and compensation paid or received for the use of facilities and equipment), or rules and regulations pertaining thereto, or procedures for the joint consideration, initiation, or establishment thereof, shall, under such rules and regulations as the Commission shall prescribe, apply to the Commission for approval of such agreement. The Commission shall, by order, approve any such agreement if approval thereof is not prohibited by paragraph (4) or (5) and if it finds that, by reason of furtherance of the national transportation policy declared in this Act, the relief provided in paragraph (8) should apply with respect to the making and carrying out of such agreement; otherwise the application shall be denied. No such approval shall be granted or continued (a) if any of the terms and conditions which are prescribed under the last sentence of this paragraph are violated or not complied with, or (b) unless the Commission receives a verified written statement (and any written supplement or addendum thereto requested by the Commission) setting forth, with respect to each carrier which is a party to such agreement (i) its name, (ii) the mailing address and telephone number of its headquaiter's office, (iii) the names of each of its affiliates, (iv) the names, addresses, and affiliations of each of its officers and directors and of each person who, together with any affiliate, owns or controls any debt, equity, or security interest in it having a value of $1,000,000 or more, and (v) such other information as the Commission directs to be included. The approval of the Commission shall be granted only upon such terms and conditions as the Commission determines are necessary to enable its approval to be granted in accordance with the standard set forth in this paragraph. " (3) E a c h conference, bureau, committee, or other organization Recordkeeping. established or continued pursuant to any agreement approved by the Commission under the provisions of this section shall maintain such accounts, records, files, and memoranda and shall submit to the Commission such reports, as may be prescribed by the Commission. All such accounts, records, files, and memoranda shall be subject to inspection by the Commission or its duly authorized representatives. The Commission may conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents, records, and property, copy and verify the correctness of ?, information subject to inspection, and take depositions (a) to determine whether any such conference, bureau, committee, or other organization, or any carrier which is a party to any such agreement, has acted or is acting in compliance with the provisions of this section, regulations issued under this section, and the public interest, (b) to determine whether any such organization or carrier is inhibiting an efficient utilization of transportation resources or has established practices which are inconsistent with efficient, flexible, and economic operation, and (c) for such other purposes as the Commission considers appropriate. " (4) The Commission shall not approve under this section any agreement which it finds is an agreement with respect to a pooling, division, or other matter or transaction to which section 5 of this part 49 USC 5. is applicable. " (5)(a) The Commission shall not approve under this section any agreement which establishes a procedure for the determination of any matter through joint consideration, unless it finds that under the agreement there is accorded to each party the free and unrestrained right to take independent action, without fear of any sanction or retal-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/94

 90 STAT. 44

49 USC 15.

Investigation.

y;

PUBLIC LAW 94-210—FEB. 5, 1976 iatory action, at any time before or after any determination arrived at through such procedure. In no event shall any conference, bureau, committee, or other organization established or continued pursuant to any agreement approved by the Commission under the provisions of this section— "(i) permit participation in agreements with respect to, or any voting on, single-line rates, allowances, or charges established by any carrier; "(ii) permit any carrier to participate in agreements with respect to, or to vote on, rates, allowances, or charges relating to any particular interline movement, unless such carrier can practicably participate in such movement; or "(iii) permit, provide for, or establish any procedure for joint consideration or any joint action to protest or otherwise seek the suspension of any rate or classification filed by a carrier of the same mode pursuant to section 15(7) of this part where such rate or classification is established by independent action. As used in clause (i) of this subdivision, a single-line rate, allowance, or charge is one that is proposed by a single carrier applicable only over its own line and as to which the service (exclusive of terminal services provided by switching, drayage, or other terminal carriers or agencies) can be performed by such carrier. "(b) The limitations set forth in subdivision (a) shall not be applicable to— " (i) general rate increases or decreases, if the agreements accord the shipping public, under specified procedures, adequate notice of at least 15 days of such proposals and an opportunity to present comments thereon, in writing or otherwise, prior to the filing with the Commission of the tariffs containing such increases or decreases, or "(ii) broad tariff changes if such changes are of general application or substantially general application throughout a territory or territories within which such changes are to be applicable. In any proceeding in which it is alleged that a carrier voted or agreed upon a rate, allowance, or charge, in violation of the provisions of this section, the party alleging such violation shall have the burden of showing that such vote or agreement occurred. A showing of parallel behavior is not, by itself, sufficient to satisfy such burden. "(6)(a) The Commission is authorized, upon complaint or upon its own initiative without complaint, to investigate and determine whether any agreement previously approved by it under this section, or terms and conditions upon which such approval was granted, is not or are not in conformity with the standards set forth in paragraph (2) and with the public interest, and whether any such terms and conditions are not necessary or whether any additional or modified terms and conditions are necessary for purposes of conformity with such standard. After any such investigation the Commission shall, by order, terminate or modify its approval of such an agreement if it finds such action necessary to insure conformity with such standard, and shall modify the terms and conditions upon which such approval was granted to the extent it finds necessary to insure conformity with such standard or to the extent to which it finds such terms and conditions not necessary to insure such conformity. The effective date of any order terminating or modifying approval, or modifying terms and conditions, shall be postponed for such period as the Commission determines to be reasonably necessary to avoid undue hardship.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/95

 PUBLIC LAW 94-210—FEB. 5, 1976 "(b) The Commission shall periodically, but not less than once every 3 years, review each agreement which the Commission has by order approved under this section to determine whether such agreement, or any conference, bureau, committee, or other organization established or continued pursuant to such agreement, still conforms with the standard set forth in paragraph (2) and the public interest, and to evaluate the success and effect upon the consuming public and the national rail freight transportation system of such agreement and organization. The Commission shall report to the President and to the Congress on the results of such reviews, as part of its annual report pursuant to section 21. If the Commission makes a determination that any such agreement or organization is no longer in conformity with such standard, the Commission shall by order terminate or suspend its approval thereof. "(7) No order shall be entered under this section except after interested parties have been afforded a reasonable opportunity for a hearing. "(8) Parties to any agreement approved by the Commission under this section and other persons are, if the approval of such agreement is no prohibited by paragraph (4) or (5), hereby relieved from the operation of the antitrust laws with respect to the making of such agreement, and with respect to the carrying out of such agreement in conformity with its provisions and in conformity with the terms and conditions prescribed by the Commission. "(9) Any action of the Commission under this section (a) in approving an agreement, (b) in denying an application for such approval, (c) in terminating or modifying such approval, (d) in prescribing the terms and conditions upon which such approval is to be granted, or (e) in modifying such terms and conditions, shall be construed as having effect solely with reference to the applicability of the relief provisions of paragraph (8). "(10) The Federal Trade Commission, in consultation with the Antitrust Division of the Department of Justice, shall periodically prepare an assessment of, and shall report to the Commission on (a) any possible anticompetitive features of (i) any agreements approved or submitted for approval under this section, and (ii) any conferences, bureaus, committees, or other organizations operating under such agreements, and (b) possible ways to eliminate or alleviate any such anticompetitive features, effects, or aspects in a manner that will further the goals of the national transportation policy and this Act. The Commission shall make such reports available to the public. "(11) Any conference, bureau, committee, or other organization established or continued pursuant to any agreement approved by the Commission under this section shall make a final disposition with respect to any rule, rate, or charge docketed with such organization within 120 days after such proposal is docketed.". F I L I N G PROCEDURES

SEC. 209. Section 6(6) of the Interstate Commerce Act (49 U.S.C. 6(6)) is amended by striking out "shall prescribe; and the" and inserting in lieu thereof the following: "shall prescribe. The Commission shall, beginning 2 years after the date of enactment of this sentence, require (a) that all rates shall be incorporated into the individual tariffs of each common carrier by railroad subject to this part or rail ratemaking association within 2 years after the initial publication of the rate, or within 2 years after a change in any rate is approved by the Commission, whichever is later, and (b) that any rate shall be null and void with respect to any such carrier or association which

90 STAT. 45 Review,

Report to President and Congress.

49 USC 21. Hearing,

Report to Interstate Commerce Commission.

v

Final disposition,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/96

 90 STAT. 4 6

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 does not so incorporate such rate into its individual tariff. The Commission may, upon good cause shown, extend such period of time. Notice of any such extension and a statement of the reasons therefor shall be promptly transmitted to the Congress. The ". INTRASTATE RAILROAD RATE PROCEEDINGS

Application.

SEC. 210. Section 13 of the Interstate Commerce Act (49 U.S.C. 13) is amended by striking out ": Provided, That " and all that follows through "hearing and decision therein" in paragraph (4) thereof, and by adding at the end thereof the following new paragraph: " (5) The Commission shall have exclusive authority, upon application to it, to determine and prescribe intrastate rates if— " (a) a carrier by railroad has filed wath an appropriate administrative or regulatory body of a State, a change in an intrastate rate, fare, or charge, or a change in a classification, regulation, or practice that has the effect of changing such a rate, fare, or charge, for the purpose of adjusting such rate, fare, or charge to the rate charged on similar traffic moving in interstate or foreign commerce; and " (b) the State administrative or regulatory body has not, within 120 days after the date of such filing, acted finally on such change. Notice of the application to the Commission shall be served on the appropriate State administrative or regulatory body. Upon the filing of such an application, the Commission shall determine and prescribe, according to the standards set forth in paragraph (4) of this section, the rate thereafter to be charged. The provisions of this paragraph shall apply notwithstanding the laws or constitution of any State, or the pendency of any proceeding before any State court or other State authority.". DEMURRAGE CHARGES

Rules and regulations.

SEC. 211. Section 1(6) of the Interstate Commerce Act (49 U.S.C. 1 (6)) is amended by inserting at the end thereof the following new sentence: "Demurrage charges shall be computed, and rules and regulations relating to such charges shall be established, in such a manner as to fulfill the national needs with respect to (a) freight car utilization and distribution, and (b) maintenance of an adequate freight car supply available for transportation of property.". CAR SERVICE COMPENSATION AND PRACTICES

Notice and hearing. Rules and regulations.

SEC. 212. (a) Section 1(14)(a) of the Interstate Commerce Act (49 U.S.C. 1(14)(a)) is amended to read as follows: " ( 1 4)(a) I t is the intent of the Congress to encourage the purchase, acquisition, and efficient utilization of freight cars. I n order to carry out such intent, the Commission may, upon complaint of an interested party or upon its own initiative without complaint, and after notice and an opportunity for a hearing, establish reasonable rules, regulations, and practices with respect to car service by common carriers by railroad subject to this part, including (i) the compensation to be paid for the use of any locomotive, freight car, or other vehicle, (ii) the other terms of any contract, agreement, or arrangement for the use of any locomotive or other vehicle not owned by the carrier by which it is used (and whether or not owned by another carrier, shipper, or t h i r d party), and (iii) the penalties or other sanctions for nonobservance of

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Page:United States Statutes at Large Volume 90 Part 1.djvu/97

 PUBLIC LAW 94-210—FEB. 5, 1976 such rules, regulations, or practices. In determining the rates of compensation to be paid for each type of freight car, the Commission shall give consideration to the transportation use of each type of freight car, to the national level of ownership of each such type of freight car, and to other factors affecting the adequacy of the national freight car supply. Such compensation shall be fixed on the basis of the elements of ownership expense involved in owning and maintaining each such type of freight car, including a fair return on the cost of such type of freight car (giving due consideration to current costs of capital, repairs, materials, parts, and labor). Such compensation may be increased by any incentive element which will, in the judgment of the Commission, provide just and reasonable compensation to freight car owners, contribute to sound car service practices (including efficient utilization and distribution of cars), and encourage the acquisition and maintenance of a car supply adequate to meet the needs of commerce and the national defense. The Commission shall not make any incentive element applicable to any type of freight car if the Commission finds that the supply of such type of freight car is adequate. The Commission may exempt such incentive element from the compensation to be paid by any carrier or group of carriers if the Commission finds that such an exemption is in the national interest.". (b) The Commission shall, within 18 months after the date of enactment of this Act, revise its rules, regulations, and practices with respect to car service, in accordance with the amendment made by subsection (a) of this section.

90 STAT. 47

Rules and regulations, revision. 49 USC 1 note.

TITLE III—REFORM OF THE INTERSTATE COMMERCE COMMISSION ACCESS TO INFORMATION BY CONGRESSIONAL COMMITTEES

SEC. 301. Section 17 of the Interstate Commerce Act (49 U.S.C. 17), as amended by section 303 of this Act, is further amended by inserting therein a new paragraph (15) as follows: "(15) Whenever the Committee on Interstate and Foreign Commerce of the House of Representatives or the Committee on Commerce of the Senate makes a written request for documents which are in the possession or under the control of the Commission and which relate to any matter involving a common carrier by railroad subject to this part, the Commission shall, within 10 days after the date of receipt of such request, submit such documents (or copies thereof) to such committee, or submit a report in writing to such committee stating the reason why such documents have not been so submitted, and the anticipated date on which they will be submitted. If the Commission transfers any document in its possession or under its control to any other agency or to any person, it shall condition such transfer on the ^aranteed return by the transferee of such document to the Commission for purposes of complying with the preceding sentence. This paragraph shall not apply to documents which have been obtained hj the Commission from persons subject to regulation by the Commission, and which contain trade secrets or commercial or financial information of a privileged or confidential nature. This paragraph shall not be deemed to restrict any other authority of either House of Congress, or any committee or subcommittee thereof, to obtain documents. For purposes of this paragraph, the term 'docu- "Document, ment' means any book, paper, correspondence, memorandum, or other ' record, or any copy thereof.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/98

 90 STAT. 48

PUBLIC LAW 94-210—FEB. 5, 1976 EFFECTIVE DATE OF ORDERS OF THE COMMISSION f

SEC. 302. Section 15(2) of the Interstate Commerce Act (49 U.S.C. 15(2)), is amended by striking out ", not less than thirty days, and shall", and inserting in lieu thereof "as the Commission may prescribe. Such orders shall". COMMISSION HEARING AND APPELLATE PROCEDURE

'Hearing.'

Review.

SEC. 303. (a) Section 17 of the Interstate Commerce Act (49 U.S.C. 17) is amended by redesignating paragraphs (9) through (12) thereof as paragraphs (10) through (13) thereof, respectively, and by inserting therein the following new paragraph (9): "(9)(a) Whenever the term 'hearing' is used in this part, such term shall be construed to include an opportunity for the suomission of all evidence in written form, followed by an opportunity for briefs, written statements, or conferences of the parties, such conferences to be chaired by a division, an individual Commissioner, an administrative law judge, an employee board, or any other designated employee of the Commission. "(b) With respect to any matter involving a common carrier by railroad subject to this part, whenever the Commission assigns the initial disposition to any of such matter before the Commission to an administrative law judge, individual Commissioner, employee board, or division or panel of the Commission, such judge, Commissioner, board, division, or panel shall— "(i) complete all evidentiary proceedings with respect to such matter within 180 days after its assignment; and ' "(ii) with respect to any matter so assigned which involves written submissions or the taking of testimony at a public hearing, submit in writing to the Commission, within 120 days after the completion of all evidentiary proceedings, an initial decision, report, or order containing— " (A) specific findings of fact; "(B) specific and separate conclusions of law; " (C) a recommended order; and "(D) any justification in support of such findings of fact, conclusions of law, and order. The Commission, or a duly designated division thereof, may, in its discretion, void any requirement for an initial decision, report, or order, and, in appropriate cases, may direct that any matter shall be considered forthwith by the Commission or such division, if it concludes that the matter involves a question of agency policy, a new or novel issue of law, or an issue of general transportation importance, or if the due and timely execution of its functions so requires. Whenever an initial decision, report, or order is submitted, copies thereof shall be served upon interested parties. Any such party may file an appeal with the Commission, with respect to such initial decision or report. If no such appeal is filed within 20 days after such service, or within such further period (not to exceed 20 days) as the Commission, or a duly designated division thereof, may authorize, the order set forth in such initial decision or report shall become the order of the Commission and shall become effective u,nless, within such period, the order shall have been stayed or postponed by the Commission pursuant to subdivision (d) or (e). " (c) The Commission, or a duly designated division thereof, may, upon its own initiative, and shall, in any case in which an appeal is filed under subdivision (b), review the matter upon the same record or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/99

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 49

upon the basis of a further hearing. Any such appeal shall be considered and acted upon by the Commission, or a duly designated division thereof, within 180 days after the date on which such appeal is filed. Any such decision, report, or order shall be stayed pending the determination of such appeal. Such a review shall be conducted in accordance with section 557 of title 5, United States Code, and such rules (limiting and defining the issues and pleadings upon review) as the Commission may adopt in conformance with section 557(b) of such title 5. The Commission may, in its discretion and on such terms and conditions as it may prescribe, authorize duly designated employee boards to perform functions under this paragraph of the same character as those which may be performed by a duly designated division of the Commission (other than the decision of any appeal under this paragraph which may be further appealed to the Commission). "(d) Any decision, order, or requirement of the Commission, or of a duly designated division thereof, shall become effective 30 days after it is served on the parties thereto, unless the Commission provides for such decision, order, or requirement, or any applicable rule, to become effective at an earlier date. Any interested party to a decision, order or requirement of a duly designated division of the Commission may petition the Commission for rehearing, reargument, or other reconsideration, subject to such rules and limitations as the Commission may establish. If the Commission finds that a decision, order, or requirement presents a matter of general transportation importance, or if it finds that clear and convincing new evidence has been presented or that changed circumstances exist which would materially affect such decision, order, or requirement, the Commission may reconsider such decision, order, or requirement, and it may, in its discretion, stay the effective date of such decision, order, or requirement. If the Commission reconsiders a decision, order, or requirement, it must complete the process and issue its final order not more than 120 days after the date on which it grants the application for reconsideration. " (e) The Commission may, in its discretion, extend any time period set forth in this section for a period of not more than 90 days, if a majority of the Commissioners, by public vote, agree to such extension. The Commission shall submit an annual report in writing to each Report to House of Congress setting forth each extension granted pursuant to Congress, this subdivision (classified by the type of proceeding involved), and stating the reasons for each such extension and the duration thereof. "(f) In extraordinary situations in which an extension granted pursuant to subdivision (e) is not sufficient to allow for completion of necessary proceedings, the Commission may, in its discretion, grant a further extension if— "(i) not less than 7 of the Commissioners, by public vote, agree to such further extension; and "(ii) not less than 15 days prior to expiration of the extension granted pursuant to subdivision (e), the Commission reports in writing to the Congress that such further extension has been granted, together with— "(A) a full explanation of the reasons for such further extension; "^B) the anticipated duration of such further extension; "(C) the issues involved in the matter before the Commission; and "(D) the names of personnel of the Commission working on such matter.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/100

 90 STAT. 50

Rules.

Written statement, availability to public.

49 USC 17.

PUBLIC LAW 94-210—FEB. 5, 1976 " (g) The Commission may, at any time upon its own initiative, on grounds of material error, new evidence, or substantially changed circumstances— " (i) reopen any proceeding; " ( i i) g r a n t rehearing, reargument, or reconsideration with •'•• respect to any decision, order, or requirement; and " ( i i i) reverse, modify, or change any decision, order, or requirement. The Commission may establish rules allowing interested parties to petition for leave to request reopening and reconsideration based upon material error, new evidence, or substantially changed circumstances. " (h) Notwithstanding any other provision of this Act, any decision, order, or requirement of the Commission, or of a duly designated division thereof, shall be final on the date on which it is served. A civil action to enforce, enjoin, suspend, or set aside such a decision, order, or requirement, in whole or in part, may be brought after such date in a court of the United States pursuant to the provisions of law which are applicable to suits to enforce, enjoin, suspend, or set aside orders of the Commission. " (i) Notwithstanding the provisions of paragraph s (5), (6), (7), and (8), the provisions of this paragraph shall govern the disposition of, and shall apply only to, any matter before the Commission which involves a common carrier by railroad subject to this part, except that the provisions of other sections of this part pertaining to deadlines in Commission proceedings shall govern to the extent that they are inconsistent with the provisions pertaining to deadlines contained in this paragraph. " (j) Reports in writing and other written statement (including, but not limited to, any report, order, decision and order, vote, notice, letter, policy statement, rule, or regulation) of any official action of the Commission (whether such action is taken by the Commission, a division thereof, any other group of Commissioners, a single Commissioner, an employee board, an administrative law judge, or any other individual or group of individuals who are authorized to take any official action on behalf of the Commission) shall indicate (i) the official designation of the individual or group taking such action (ii) the name of each individual taking, or participating in taking, such action, and (iii) the vote or position of each such part i c i p a t i n g individual. I f any individual who is officially designated as a member of a g r o u p which takes any such action does not participate in such action, the written statement of such action shall indicate that such individual did not participate. E a c h individual who participates in taking any such action shall have the right to express his individual views as part of the written statement of such action. The written statement of any such action shall be made available to the public in accordance with Federal law.". (b) Section 17 of the Interstate Commerce Act is amended by inserting therein a new paragraph (14) as follows: "(14)(a) Any formal investigative proceeding with respect to a common carrier by railroad which is instituted by the Commission after the date of enactment of this subdivision shall be concluded by the Commission with administrative finality within 3 years after the date on which such proceeding is instituted. Any such proceeding which is not so concluded by such date shall automatically be dismissed. " (b) W i t h i n 1 year after the date of enactment of this subdivision, the Commission shall conclude or terminate, with administrative finality, any formal investigative proceeding with respect to a common carrier by railroad which was instituted by the Commission on its own

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Page:United States Statutes at Large Volume 90 Part 1.djvu/101

 PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976

90 STAT. 51

initiative and which has been pending before the Commission for a period of 3 or more years following the date of the order which instituted such proceeding.". OFFICE OF RAIL PUBLIC COUNSEL

SEC. 304. (a) Part I of the Interstate Commerce Act is amended by redesignating section 27 thereof as section 29 thereof and by inserting after section 26 thereof a new section 27, as follows:

49 USC 27.

u OFFICE OF RAIL PUBLIC COUNSEL

" SEC. 27. (1) There shall be established, within 60 days after the date of enactment of this section, a new independent office affiliated with the Commission to be known as the Office of Rail Public Counsel. The Office of Rail Public Counsel shall function continuously pursuant to this section and other applicable Federal laws. " (2)(a) The Office of Rail Public Counsel shall be administered by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. " (b) The term of office of the Director shall be 4 years. H e shall be responsible for the discharge of the functions and duties of the Office of Rail Public Counsel. H e shall be appointed and compensated, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, classification, and General Schedule pay rates, a t a rate not in excess of the maximum rate for G S - 1 8 of the General Schedule under section 5332 of such title. " (3) The Director is authorized to appoint, fix the compensation, and assign the duties of employees of such Office and to procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5, United States Code. E a c h bureau, office, or other entity of the Commission and each department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States is authorized to provide the Office of Rail Public Counsel with such information and data as it requests. The Director is authorized to enter into, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of his functions and duties. The Director shall submit a monthly report on the activities of the Office of Rail Public Counsel to the Chairman of the Commission, and the Commission, in its annual report to the Congress, shall evaluate and make recommendations with respect to such Office and its activities, accomplishments, and shortcomings. " (4) I n addition to any other duties and responsibilities prescribed by law, the Office of Rail Public Counsel— " (a) shall have standing to become a party to any proceeding, formal or informal, which is pending or initiated before the Commission and which involves a common carrier by railroad subject to this part; " (b) may petition the Commission for the initiation of proc e e d i n g on any matter within the jurisdiction of the Commission which involves a common carrier by railroad subject to this part; " (c) may seek judicial review of any Commission action on any matter involving a common carrier by railroad subject to this part, to the extent such review is authorized by law for any person and on the same basis;

Establishment. 49 USC 26b.

Director. Term.

5 USC 5332 note.

Report to eommission and Congress.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/102

 90 STAT. 52

PUBLIC LAW 94-210—FEB. 5, 1976 ^ d

"(d) shall solicit, study, evaluate, and present before the Commission, in any proceeding, formal or informal, the views of those communities and users of rail service affected by proceedings initiated by or pending before the Commission, whenever the Director determines, for whatever reason (such as size or location), that such community or user of rail service might not other' wise be adequately represented before the Commission in the course of such proceedings; and "(e) shall evaluate and represent, before the Commission and before other Federal agencies wlien their policies and activities significantly affect rail transportation matters subject to the jurisdiction of the Commission, and shall by other means assist the constructive representation of, the public interest in safe, efficient, reliable, and economical rail transportation services. In the performance of its duties under this paragraph, the Office of Rail Public Counsel shall assist the Commission in the development of a public interest record in proceedings before the Commission. "(5) The budget requests and budget estimates of the Office of Rail Budget request and estimates, Public Counsel shall be submitted concurrently to the Congress and submittal to to the President. Congress and "(6) There are authorized to be appropriated to the Office of Rail President. Public Counsel for the purpose of carrying out the provisions of this Appropriation section not to exceed $500,000 for the fiscal year ending June 30, 1976, authorization. not to exceed $500,000 for the fiscal year transition period ending September 30, 1976, and not to exceed $2,000,000 for the fiscal year ending September 30, 1977.". (b) Section 13 of the Interstate Commerce Act (49 U.S.C. 13), as Ante, p. 46. amended by this Act, is further amended by adding at the end thereof the following new paragraph: "(6)(a) Whenever, pursuant to section 553(e) of title 5, United States Code, an interested person (including a government entity) petitions the Commission for the commencement of a proceeding for the issuance, amendment, or repeal of an order, rule, or regulation relating to common carriers by railroads under this Act, the Commission shall grant or deny such petition within 120 days after the date of receipt of such petition. If the Commission grants such a petition, it shall commence an appropriate proceeding as soon thereafter as practicable. If the Commission denies such a petition, it shall set forth, Publication in Federal Register. and publish in the Federal Register, its reasons for such denial. Civil action. "(b) If the Commission denies a petition under subdivision (a) (or if it fails to act thereon within the 120-day period established by such subdivision), the petitioner may commence a civil action in an appropriate court of appeals of the United States for an order directing the Commission to initiate a proceeding to take the action requested in such petition. Such an action shall be commenced within 60 days after the date of such denial or, where appropriate, within 60 days after the date of expiration of such 120-day period. "(c) If the petitioner, in an action commenced under subdivision (b), demonstrates to the satisfaction of the court, by a preponderance of the evidence in the record before the Commission or, in an action based on a petition on which the Commission failed to act, in a new proceeding before such court, that the action requested in such petition to the Commission is necessary and that the failure of the Commission to take such action will result in the continuation of practices which •are not consistent with the public interest or in accordance with this Act, such court shall order the Commission to initiate such action. "(d) In any action under this paragraph, a court shall have no authority to compel the Commission to take any action other than the

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User talk:Dlarmore

— billinghurst  sDrewth  22:24, 19 May 2011 (UTC)

Updating styles
Gday. To let you know that since Wikisource has done some of the earlier work in the US Supreme Court arena we have updated some of our styles. I have updated some of the styles to Wisconsin v. Yoder. The works in this area are still lagging in some of the updates due to earlier productivity and now the bulk of the cleanup required. Thanks. — billinghurst  sDrewth  00:56, 6 June 2011 (UTC)

Your help me
Did you get the help that you were after? We don't have the automated tools to notice help me requests, so sometimes it may be quicker to post a question to Scriptorium. — billinghurst  sDrewth  13:42, 26 November 2011 (UTC)

Wikisource User Group
Wikisource, the free digital library is moving towards better implementation of book management, proofreading and uploading. All language communities are very important in Wikisource. We would like to propose a Wikisource User Group, which would be a loose, volunteer organization to facilitate outreach and foster technical development, join if you feel like helping out. This would also give a better way to share and improve the tools used in the local Wikisources. You are invited to join the mailing list 'wikisource-l' (English), the IRC channel #wikisource, the facebook page or the Wikisource twitter. As a part of the Google Summer of Code 2013, there are four projects related to Wikisource. To get the best results out of these projects, we would like your comments about them. The projects are listed at Wikisource across projects. You can find the midpoint report for developmental work done during the IEG on Wikisource here.

Global message delivery, 23:21, 24 July 2013 (UTC)

title: User talk:Dlarmore


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Page:United States Statutes at Large Volume 90 Part 1.djvu/103

 PUBLIC LAW 94-210—FEB. 5, 1976 initiation of a proceeding for the issuance, amendment, or repeal of an order, rule, or regulation under this Act. "(e) As used in this paragraph, the term 'Commission' includes any division, individual Commissioner, administrative law judge, employee board, or any other person authorized to act on behalf of the Commission in any part of the proceeding for the issuance, amendment, or repeal of any order, rule, or regulation under this Act relating to common carriers by railroad.".

90 STAT. 53

'Commission.'

REFORM o r RULES OF PRACTICE BEFORE THE COMMISSION

SEC. 305. (a) Within 360 days after the date of enactment of this Act, the Commission shall study, develop, and submit to the Congress an initial proposal setting forth rules of practice under which the Commission proposes to conduct all adjudicatory and rulemaking proceedings with respect to any matter involving a common carrier by railroad subject to this part. Such rules of practice before the Commission shall be consistent with existing law, shall take into consideration the varying nature of proceedings before the Commission, and shall include— (1) specific time limits upon the filing and disposition of all complaints, applications, petitions, pleadings, motions, appeals, and rulemaking proceedings before an administrative law judge, individual Commissioner, review board, division, or panel of the Commission, or the full Commission; (2) specific methods of taking testimony, receiving evidence, hearing cross-examination, and the modification of such procedures so as to facilitate the timely execution of the functions of the Commission; (3) utilization of additional administrative law judges or the assignment of employees of the Office, in complex adjudicatory or rulemaking proceedings, so as to facilitate proper focus and timely resolution of the issues within the required time limits; and (4) specific remedies in any case of failure to observe required time limits. (b) Within 420 days after the date of enactment of this Act, the Administrative Conference of the United States shall submit to the Congress and to the Commission its comments on the rules of practice before the Commission proposed pursuant to subsection (a) of this section, together with such recommendations as it considers appropriate. (c) Within 30 days after the receipt of comments submitted pursuant to subsection (b) of this section, the Commission shall consider such comments and shall submit to the Congress a final proposal setting forth the rules of practice before the Commission with respect to matters involving common carriers by railroad. Such rules of practice shall take effect at the end of the first period of 60 calendar days of continuous session of the Congress after the date of submission of such final proposal, unless either the Senate or the House of Representatives adopts a resolution during such period stating that it does not approve such final proposal. If no resolution is adopted as provided in the preceding sentence, the Commission shall adopt such proposed rules of practice. For purposes of this subsection, continuity of session of the Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded from the computation of the 60-day period.

Submittal to congressional committees. 49 USC 17 note.

Final proposal, submittal to Congress.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/104

 90 STAT. 54

PUBLIC LAW 94-210—FEB. 5, 1976 (d) If either the Senate or the House of Representatives passes a resolution of disapproval under subsection (c) of this section, the Commission shall develop a revised proposal setting forth the rules of practice before the Commission pursuant to this section. Within 60 days after the date of such disapproval, each such revised proposal shall be submitted to the Congress by the Commission for review pursuant tx) such subsection (c). (e) The Commission shall periodically, but not less than once every 3 years, review the rules of practice adopted pursuant to subsection (c) of this section, and shall revise such rules as it considers necessary.

Review.

PROHIBITING DISCRIMIiSrATORY TAX TREATMENT OF TRANSPORTATION PROPERTY

49 USC 26c.

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District courts, jurisdiction.

SEC. 306. Part I of the Interstate Commerce Act (49 U.S.C. 1 et seq.), as amended by this Act, is further amended by inserting therein a new section 28, as follows: "SEC. 28. (1) Notwithstanding the provisions of section 202(b), any action described in this subsection is declared to constitute an unreasonable and unjust discrimination against, and an undue burden on, interstate commerce. It is unlawful for a State, a political subdivision of a State, or a governmental entity or person acting on behalf of such State or subdivision to commit any of the following prohibited acts: "(a) The assessment (but only to the extent of any portion based on excessive values as hereinafter described), for purposes of a property tax levied by any taxing district, of transportation property at a value which bears a higher ratio to the true market value of such transportation property than the ratio which the assessed value of all other commercial and industrial property in the same assessment jurisdiction bears to the true market value of all such other commercial and industrial property. "(b) The levy or collection of any tax on an assessment which is unlawful under subdivision (a). "(c) The levy or collection of any ad valorem property tax on transportation property at a tax rate higher than the tax rate generally applicable to commercial and industrial property in the same assessment jurisdiction. "(d) The imposition of any other tax which results in discriminatory treatment of a common carrier by railroad subject to this part. "(2) Notwithstanding any provision of section 1341 of title 28, United States Code, or of the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this section, except that— "(a) such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this subsection; "(b) the provisions of this section shall not become effective until 3 years after the date of enactment of this section; " (c) no relief may be granted under this section unless the ratio of assessed value to true market value, with respect to transportation property, exceeds by at least 5 per centum the ratio of assessed • value to true market value, with respect to all other commercial and industrial property in the same assessment jurisdiction;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/105

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 55

"(d) the burden of proof with respect to the determination of assessed value and true market vahie shall be that declared by the applicable State law; and "(e) in the event that the ratio of the assessed value of all other commercial and industrial property in the assessment jurisdiction to the true market value of all such other commercial and industrial property cannot be established through the random-sampling method known as a sales assessment ratio study (conducted in accordance with statistical principles applicable to such studies) to the satisfaction of the court hearing the complaint that transportation property has been or is being assessed or taxed in contravention of the provisions of this section, then the court shall hold unlawful an assessment of such transportation property at a value which bears a higher ratio to the true market value of such transportation property than the assessed value of all other property in the assessment jurisdiction in which is included such taxing district and subject to a property tax levy bears to the true market value of all such other property, and the collection of any ad valorem property tax on such transportation property at a tax rate higher than the tax rate generally applicable to taxable property in the taxing district. " (3) As used in this section, the term— Definitions. "(a) 'assessment' means valuation for purposes of a property tax levied by any taxing district; "(b) 'assessment jurisdiction' means a geographical area, such as a State or a county, city, township, or special purpose district within such State which is a unit for purposes of determining the assessed value of property for ad valorem taxation; " (c) 'commercial and industrial property' or 'all other commercial and industrial property' means all property, real or personal, other than transportation property and land used primarily for agricultural purposes or primarily for the purpose of growing timber, which is devoted to a commercial or industrial use and which is subject to a property tax levy; and "(d) 'transportation property' means transportation property, as defined in regulations of the Commission, which is owned or used by a common carrier by railroad subject to this part or which is owned by the National Railroad Passenger Corporation.". UNIFORM COST AND REVENUE ACCOUNTING SYSTEM

SEC. 307. Paragraph (3) of section 20 of the Interstate. Commerce Act (49 U.S.C. 20 (3)) is amended to read as follows: "(3)(a) The Commission shall, not later than June 30, 1977, issue Regulations, regulations and procedures prescribing a uniform cost and revenue accounting and reporting system for all common carriers by railroad subject to this part. Such regulations and procedures shall become effective not later than January 1, 1978. Before promulgating such regulations and procedures, the Commission shall consult with and solicit the views of other agencies and departments of the Federal Government, representatives of carriers, shippers, and their employees, and the general public. "(b) In order to assure that the most accurate cost and revenue data can be obtained with respect to light density lines, main line operations, factors relevant in establishing fair and reasonable rates, and other regulatory areas of responsibility, the Commission shall

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