PUBLIC LAW 96-448—OCT. 14, 1980
94 STAT. 1917
time the surcharge was filed with the Commission, without the surcharge, the tariff shall become effective on one day's notice after such determination is made. "(iii) If the demonstration described in clause (i) of this subparagraph is made on the basis of a new rate, division, or surcharge prescribed pursuant to subparagraph (B)(iv) of this paragraph, the tariff shall become effective on the date such new rate, division, or surcharge becomes effective. "(D) The remedy available to a rail carrier canceling the application of a surcharge under this paragraph shall be in addition to any other remedy available to such carrier under this chapter. "(3)(A) The Commission may cancel the application of a surcharge to a route to which such surcharge applies if a shipper moving traffic over such route demonstrates to the Commission that— "(i) there is no competitive alternative to such route for the movement of the traffic involved that is not subject to such surcharge; and "(ii) the surcharging carrier's share of the revenues from its participation in the movement over the route to which such surcharge applies, under the applicable joint rate in effect at the time the surcharge was filed with the Commission, with the surcharge, would be greater than 110 percent of its variable cost of providing service over such route. "(B) If the Commission cemcels the application of a surcharge to a Surcharge level, particular route pursuant to subparagraph (A) of this paragraph, the determination. Commission shall determine the level of surcharge which, in conjunction with the surcharging carrier's division of the joint rate in effect at the time the surcharge was filed with the Commission, would equal 110 percent of the surcharging carrier's variable cost of providing service over such route, and shall authorize such carrier immediately to apply such a surcharge without any further proceedings under this subsection. "(4) A rail carrier may not apply a surcharge under this subsection unless, for the one-year period preceding the surcharge, such carrier has concurred in all rate increases of general applicability applicable to the joint rate to which such surcharge applies and agreed to by all other carriers that are party to such joint rate. "(5) A rail carrier may not apply a surcharge under this subsection increasing a through charge applicable to a particular movement more than once each calendar year. "(6) Notwithstanding any other provision of this subsection, a rail Total charges, carrier may, by tariff, reduce the total charges applicable to a reduction. movement over any specific joint line or single line route or routes in which such carrier participates, if such reduction does not lower the total charges applicable to such movement to a level that is less than the lowest total charges applicable to the same movement over a competing route. Any such reduction may be made without the concurrence of any other rail carrier, and shall be borne solely by the carrier reducing the charge. Nothing in this paragraph shall be construed to limit the right of a carrier to reduce rates over routes not in direct competition between the same points with routes to which it has applied a surcharge. "(b)(1) Notwithstanding subsection (a) of this section— "(A) a rail carrier not earning adequate revenues, as determined under section 10704(a)(2) of this title, may publish and Ante, p. 1906. apply a surcharge applicable to traffic originating or terminating upon any of its lines that carried less than 3,000,000 gross ton
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