(B) If the Commission determines, based on the record after opportunity for a hearing, that a rate is in violation of this subsection, the Commission shall order such rate to be raised, but only to the minimum level required by this subsection. The complainant shall have the burden of proving that such rate is in violation of this subsection.

(4)(A) For purposes of this subsection, variable costs shall be determined under formulas or procedures prescribed or certified by the Commission.

(B) In the determination of variable costs for purposes of minimum rate regulation, the Commission shall, on application of the rail carrier proposing the rate, determine only the costs of such carrier and only those costs of the specific service in question unless the specific information is not available. The Commission may not include in such variable costs an expense that does not vary directly with the level of transportation provided under the proposed rate. (Added Pub. L. 96-448, title II, § 201(a), Oct. 14, 1980, 94 Stat. 1898.)

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as an Effective Date of 1980 Amendment note under section 10101 of this title. DETERMINATION OF EXTENT PRODUCT COMPETITION TO BE CONSIDERED IN RATE REGULATION PROCEEDINGS; AVAILABILITY OF ALTERNATIVE SOURCES; COAL FROM ALTERNATIVE SOURCES; STANDARDS FOR REASONABLENESS UNDER EXISTING LAWS AND MEANING OF MARKET DOMINANCE UNAFFECTED

Section 205(a) of Pub. L. 96-448 directed the Interstate Commerce Commission to commence a proceeding to determine whether, and to what extent, product competition, meaning the availability to a consignee of alternative sources of a product or commodity which could be effectively utilized by the consignee, without regard to origin, should be considered in proceedings under subtitle IV of this title to determine the reasonableness of rail carrier rates. Coal imported for generation of electricity by utilities was not to be considered, and the Commission's standards for determining reasonableness of rail carrier rates under existing laws and the meaning of the term "market dominance" as defined in section 10709(a) of this title were to remain unaffected. The Commission was to complete the proceeding within 230 days after Oct. 1, 1980.

CHALLENGE OF EXISTING RAIL CARRIER RATES; GROUNDS; TIME LIMITATION; EXCEPTION; BURDEN OF PROOF

Section 229 of Pub. L. 96-448 provided that:

"(a) Any rate that is in effect on the effective date of this Act [Oct. 1, 1980] for transportation by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of title 49, United States Code, may, during the 180-day period beginning on such effective date, be challenged in a complaint filed with the Interstate Commerce Commission by any interested party alleging that the rail carrier has market dominance over the transportation to which the rate applies, as determined under section 10709 of such title, and that the rate is not reasonable under section 10701a of such title.

"(b) Any rate described in subsection (a) of this section

(1) which is not challenged in a complaint filed within the 180-day period provided in such subsection; or

“(2) which is challenged in such a complaint, but (A) the rail carrier is found not to have market dominance over the transportation to which the rate applies, or (B) the rate is found to be reasonable, shall be deemed to be lawful and may not thereafter be challenged in the Commission or in any court (other than on appeal from a decision of the Commission).

"(c) The provisions of this section shall not apply to any rate under which the volume of traffic moved during the 12-month period immediately preceding the effective date of this Act did not exceed 500 net tons and has increased tenfold within the 3-year period immediately preceding the bringing of a chal lenge to the reasonableness of such rate.

"(d) The burden of proof in any proceeding under this section shall be on the complainant."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 107058 of this title.

§ 10702. Authority for carriers to establish rates, clas sifications, rules, and practices

(a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish

(1) rates, including divisions of joint rates, and classifications for transportation and service it may provide under this subtitle; and

(2) rules and practices on matters related to that transportation or service, including rules and practices on

(A) issuing tickets, receipts, bills of lading, and manifests;

(B) carrying of baggage;

(C) the manner and method of presenting, marking, packing, and delivering property for transportation; and

(D) facilities for transportation.

(b) A contract carrier providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title shall establish, and file with the Commission, actual and minimum rates for the transportation it may provide under this subtitle and rules and prac tices related to those rates. However, this subsection does not require a motor contract carri er to maintain the same rates and rules related to those rates for the same transportation provided to shippers served by it. The Commission may grant relief from this subsection when relief is consistent with the public interest and the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on application of a contract carrier or group of contract carriers or on its own initiative for a water contract carrier or group of water contract carriers. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1372.)

Feb. 4, 1887, ch. 104, § 1(4) (2d sentence last cl.), (6) (less last sentence), 24 Stat. 379; June 29, 1906, ch. 3591, § 1, 34 Stat. 584; Feb. 28, 1920, ch. 91, § 400, 41 Stat. 474; June 19, 1934, ch. 652, § 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 2(c), (d), 54 Stat. 900; Aug. 2, 1949, ch. 379, § 1, 63 Stat. 485.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 216(a) (60th-143d words), (b) (less 16th-33d words), (c) (2d sentence); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 558; Sept. 18, 1940, ch. 722, § 22(b), 54 Stat. 924; Aug. 24, 1962, Pub. L. 87-595, § 1, 76 Stat. 397.

Feb. 4, 1887, ch. 104, 24 Stat.

379, 305(a) (less 1st sentence 1st cl. and last sentence), (b) (4th sentence), 306(e) (1st sentence and 7th sentence proviso related to relief); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 934, 935; Aug. 24, 1962, Pub. L. 87-595, § 2, 76 Stat. 398.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 404(a) (related to carrier authority); added May 16, 1942, ch. 318, § 1, 56 Stat. 286.

sen

Feb. 4, 1887, ch. 104, 24 Stat. 379, 218(a) (1st and 4th 7th sentences, and tence proviso related to relief); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 561; Sept. 18, 1940, ch. 722, §§ 16, 23(a), 54 Stat. 919, 925; Aug. 13, 1957, Pub. L. 85-124, 13, 71 Stat. 343.

The section consolidates and restates the source provisions for clarity.

In subsection (a), the word "shall" is substituted for "It shall be the duty of every" for clarity. The words "observe, and enforce" are omitted as surplus in view of the restatement. The authority to establish rates in this section is made applicable to rail, express, sleeping car, and pipeline carriers for consistency. The word "prejudice" is omitted as surplus. The word "rules" is substituted for "rules and regulations" for consistency when referring to carriers. The word "rates" is substituted for "rates, fares, charges" in view of the definition of "rate" in section 10102 of the revised title. The word "tariffs" is omitted as unnecessary. The words "personal, sample, and excess" are omitted as surplus. The words "related to" are substituted for "connected with" for clarity. The last 63 words of 49:1(6) (1st sentence) are omitted as surplus. In subsection (b), the word "shall" is substituted for "It shall be the duty of every” for clarity. The words "and observe" are omitted as surplus. The word "rules" is substituted for "regulations" for consistency when referring to carriers. The words "However, this subsection" are inserted for clarity. The words "does not require" are substituted for "Nothing herein provided shall be so construed as to require" for clarity. The words "from this subsection" are substituted for "from the provisions of this paragraph" in 49:318(a) and "from the provisions of this subsection" in 49:906(e) to conform to the revised title. The words "to such extent and for such time, and in such manner as in its judgment" are omitted as unnecessary in view of the restatement. The words "may begin a proceeding under this subsection" are substituted for "after hear

ing" in view of subchapter II of chapter 103 of the revised subtitle and subchapter II of chapter 5 of title 5. The words "on application" are substituted for "may apply to" for clarity. The word "group" is substituted for "any class or group" as being more inclusive. The words "for good cause shown" in 49:906(e) (7th sentence proviso) are omitted as surplus in view of the specific criteria imposed by that section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10925, 11126 of this title.

§ 10703. Authority for carriers to establish through

routes

(a) A carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title shall establish through routes as follows:

(1) Rail, express, sleeping car, and pipeline carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes.

(2) Rail and water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes.

(3) A motor common carrier of passengers shall establish through routes with other carriers of the same type and shall establish individual and joint rates applicable to them.

(4)(A) A motor common carrier of property may establish through routes and joint rates and classifications applicable to them with other carriers of the same type, with rail and express carriers, and with water common carriers, including those referred to in subparagraph (D) of this paragraph.

(B) A motor common carrier of passengers may establish through routes and joint rates applicable to them with rail carriers or water common carriers, including those referred to in subparagraph (D) of this paragraph, or both.

(C) Water common carriers shall establish through routes with each other and shall establish rates and classifications applicable to those routes and may establish

(i) through routes and rates and classifications applicable to them with motor common carriers; and

(ii) through routes and joint rates and classifications applicable to them with water common carriers referred to in subparagraph (D)(ii) of this paragraph.

(D) A through route or joint rate or classification authorized to be established with a carrier referred to in this subparagraph may be established with a water common carrier providing transportation subject to

(i) the jurisdiction of the Commission under subchapter III of chapter 105 of this title; or

(ii) section 1 of the Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848) (including persons holding themselves out to transport goods by water but not owning or operating vessels) and providing transportation of

property between Alaska or Hawaii and the other 48 States.

HISTORICAL AND REVISION NOTES-Continued

A through route and a rate, classification, rule, or practice related to a through route with a water common carrier referred to in this subparagraph is subject to the provisions of this subtitle governing the type of carrier establishing the rate, classification, rule, or practice.

(E) A freight forwarder may enter into contracts with a rail carrier or with a water common carrier providing transportation subject to the Shipping Act, 1916 (46 U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848). Not later than 180 days after the date of enactment of this subparagraph, the Commission shall promulgate regulations implementing the provisions of this subparagraph.

(b) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I, II (insofar as motor carriers of property are concerned), or III of chapter 105 of this title that establishes a through route with another carrier under this section shall establish rules for its operation and provide

(1) reasonable facilities for operating the through route; and

(2) reasonable compensation to persons entitled to compensation for services related to the through route.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 96-296, § 22(a), (h), July 1, 1980, 94 Stat. 812, 814; Pub. L. 97-449, § 5(g)(5), Jan. 12, 1983, 96 Stat. 2443.)

Revised Section

10703(a) (1), (2).

10703(a) (3).

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

49:1(4) (1st

sentence related to through routes).

49:905(b) (1st sentence 1st-43d words).

49:316(a) (1st-24th and 45th-59th words).

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, § 1(4) (1st sentence related to through routes and 2d sentence less last cl.), 24 Stat. 379; June 29, 1906, ch. 3591, § 1, 34 Stat. 584; Feb. 28, 1920, ch. 91, § 400, 41 Stat. 474; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 2(c), 54 Stat. 900. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 305(b) (less 4th sentence); added Sept. 18. 1940, ch. 722, § 201, 54 Stat. 934; Aug. 24, 1962, Pub. L. 87-595, 2, 76 Stat. 398. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 216(a) (1st-24th, 45th-59th words), (c) (less 2d sentence); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 558; Aug. 24, 1962, Pub. L. 87-595, 1, 76 Stat. 397.

sentence 1st-43d words, 2d, 3d, and 4th sentences).

The section consolidates and restates the source provisions for clarity. In subsection (a), the words "under subchapter I of chapter 105 of this title" are substituted for "subject to this chapter" to conform to the revised title. The words "providing transportation subject to the jurisdiction of the Interstate Commerce Commission" are substituted for "subject to chapter 12" to conform to the revised title. The word "rates" is substituted for "rates, fares, charges" in view of the definition of "rate" in section 10102 of the revised title.

In subsection (b), the words "establish rules for its operation" are substituted for "and to make reasonable rules and regulations with respect to their oper ation" from 49:1(4) for clarity, and the word "reasonable" is omitted in view of section 10701 of the revised title. The words "for services related to the through route" are substituted for "those entitled thereto❞ for clarity.

REFERENCES IN TEXT

The Shipping Act, 1916, referred to in subsec. (a)(4)(E), is act Sept. 7, 1916, ch. 451, 39 Stat. 728, as amended, which is classified principally to chapter 23 (§ 801 et seq.) of Title 46, Shipping. For complete clas sification of this Act to the Code, see section 842 of Title 46 and Tables.

The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(4)(D)(ii), (E), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425, as amended, which is classified generally to chapter 23A (§ 843 et seq.) of Title 46. For complete classification of this Act to the Code, see section 848 of Title 46 and Tables.

The date of enactment of this subparagraph, referred to in subsec. (a)(4)(E), is the date of enactment of Pub. L. 96-296, which was approved July 1, 1980.

AMENDMENTS

1983-Subsec. (a)(4)(D)(ii). Pub. L. 97-449 substituted "section 1 of the Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848)" for "section 801 or sections 843-848 of title 46".

1980-Subsec. (a)(4)(E). Pub. L. 96-296, § 22(h), added subpar. (E).

Subsec. (b). Pub. L. 96-296, § 22(a), inserted ", II (insofar as motor carriers of property are concerned)," following "subchapter I".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10705, 11126 of this title.

§ 10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Interstate Commerce Commission

(a)(1) When the Interstate Commerce Commission, after a full hearing, decides that a rate charged or collected by a carrier for transportation subject to the jurisdiction of the Commis sion under subchapter I of chapter 105 of this title, or that a classification, rule, or practice of that carrier, does or will violate this subtitle, the Commission may prescribe the rate (includ ing a maximum or minimum rate, or both), classification, rule, or practice to be followed.

The Commission may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Commission.

(2) The Commission shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under that subchapter that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Commission shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. However, a rate, classification, rule, or practice of a rail carrier may be maintained at a particular level to protect the traffic of another carrier or mode of transportation only if the Commission finds that the rate or classification, or rule or practice related to it, reduces or would reduce the going concern value of the carrier charging the rate. Revenue levels established under this paragraph 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) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.

(3) The Commission shall conclude a proceeding under paragraph (2) of this subsection within 180 days after the effective date of the Staggers Rail Act of 1980 and thereafter as necessary.

(4) On the basis of the standards and procedures under paragraph (2) of this subsection, the Commission shall, within 180 days after the effective date of the Staggers Rail Act of 1980 and on an annual basis thereafter, determine which rail carriers are earning adequate rev

enues.

(b)(1) When the Commission decides that a rate charged or collected by

(A) a motor common carrier for providing transportation subject to its jurisdiction under subchapter II of chapter 105 of this title by itself, with another motor common carrier, with a rail, express, or water common carrier, or any of them;

(B) a water common carrier for providing transportation subject to its jurisdiction under subchapter III of chapter 105 of this title; or

(C) a freight forwarder for providing service subject to its jurisdiction under subchapter IV of chapter 105 of this title;

or that a classification, rule, or practice of that carrier, does or will violate this chapter, the Commission shall prescribe the rate (including a maximum or minimum rate, or both), classification, rule, or practice to be followed.

(2)(A) When prescribing a rate, classification, rule, or practice for transportation or service by common carriers other than by rail carrier, the Commission shall consider, among other factors, the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier.

(B) When prescribing a rate, classification, rule, or practice for transportation or service by common carriers other than by rail carrier or motor carrier, the Commission shall consider, among other factors, the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service.

(3) If the carrier is a motor or water common carrier or a freight forwarder, the Commission shall also consider the need, in the public interest, of adequate and efficient transportation or service by that carrier at the lowest cost consistent with providing that transportation or service.

(4) If the carrier is a motor common carrier or a freight forwarder, the Commission shall also consider the inherent advantages of transportation by motor common carrier or the inherent nature of freight forwarding, respectively.

(c)(1) When the Commission finds that a minimum rate of a contract carrier for transportation subject to the jurisdiction of the Commission under subchapter II or III of chapter 105 of this title, or a rule or practice related to the rate or the value of the service under it, violates this chapter or the transportation policy of section 10101 of this title, the Commission may prescribe the minimum rate, rule, or practice for the carrier that is desirable in the public interest and will promote that policy. In prescribing the rate, the Commission may not give a motor or water contract carrier an advantage or preference in competition with a motor or water common carrier, respectively, if an advantage or preference is unreasonable or inconsistent with the public interest and the transportation policy of section 10101 of this

title.

(2) When prescribing a minimum rate, or rule or practice related to a rate, for a contract carrier, the Commission shall consider

(A) the cost of the transportation provided by the carrier; and

(B) the effect of a prescribed minimum rate, or rule or practice, on the movement of traffic by that carrier.

(d) In a proceeding involving competition between carriers of different modes of transportation subject to this subtitle, except rail carriers, the Commission, in determining whether a rate is less than a reasonable minimum rate, shall consider the facts and circumstances involved in moving the traffic by the mode of carrier to which the rate is applicable. Subject to the transportation policy of section 10101 of this title, rates of a carrier may not be maintained at a particular level to protect the traffic of another mode of transportation.

(e) In a proceeding involving a proposed increase or decrease in rail carrier rates, the Commission shall specifically consider allegations

Page 854

that the increase or decrease would (1) change the rate relationships between commodities, ports, places, regions, areas, or other particular descriptions of traffic (without regard to previous Commission consideration or approval of those relationships), and (2) have a significant adverse effect on the competitive position of shippers or consignees served by the rail carrier proposing the increase or decrease. The Commission shall investigate to determine whether the change or effect violates this subtitle when it finds that those allegations are substantially supported on the record. The investigation may be made either before or after the proposed increase or decrease becomes effective and either in that proceeding or in another proceeding.

(f) The Commission may begin a proceeding under this section on its own initiative or on complaint. A complaint under subsection (a) of this section must be made under section 11701 of this title, but the proceeding may also be in extension of a complaint pending before the Commission. A complaint under subsection (c) of this section must contain a full statement of the facts and the reasons for the complaint and must be made under oath.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1373; Pub. L. 96-296, § 13(b), July 1, 1980, 94 Stat. 803; Pub. L. 96-448, title II, § 205(b), Oct. 14, 1980, 94 Stat. 1906; Pub. L. 97-261, § 9(b), Sept. 20, 1982, 96 Stat. 1109.)

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, § 15(1), 24 Stat. 384; June 29, 1906, ch. 3591, 4, 34 Stat. 589; June 18, 1910, ch. 309, § 12, 36 Stat. 551; restated Feb. 28, 1920, ch. 91, § 418, 41 Stat. 484; June 19, 1934, ch. 652, 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, 10(a), 54 Stat. 911.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 15a(1)-(5); added Feb. 28, 1920, ch. 91, § 422, 41 Stat. 488; June 16, 1933, ch. 91, 205, 48 Stat. 220; Aug. 12, 1958, Pub. L. 85-625, 6, 72 Stat. 572; Feb. 5, 1976, Pub. L. 94-210, §§ 203(b), 205, 90 Stat. 39, 41.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 216(e) (2d sentence less 2d cl., and less proviso), (1); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 558, 560; Sept. 18, 1940, ch. 722, § 22(d), 54 Stat. 924. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 307(b), (f), (h); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 937-939. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 406(b), (d); added May 16, 1942, ch. 318, § 1, 56 Stat. 288.

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 218(b); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 562; restated Sept. 18, 1940, ch. 722, 23(b), 54 Stat. 925.

10704(d)

10704(e)

between 2d and 3d commas, and less last

sentence).

49:15a(3).

49:15a(5).

10704(f)..... 49:15(1) (words

between 2d and

5th commas). 49:316(e) (2d sentence words between 2d and 3d commas). 49:318(b) (1st sentence words between 2d and 3d commas and last sentence). 49:907(b) (words between 2d and 3d commas), (h) (1st sentence words between 2d and 3d commas and last sentence). 49:1006(b) (words between 2d and 3d commas).

In this section, the text of 49:15a(1) is omitted as unnecessary in view of the definition of "rate" in section 10102 of the revised title and incorporation of the words "classification, rule, . . . practice" in the section. The word "rule" is substituted for "regulation" when referring to carriers for consistency. The words "indi. vidual and joint rate" are omitted as included in the word "rate".

In subsection (a)(1), the word "decides" is substitut ed for "is of the opinion" as being more appropriate. The word "demanded" is omitted as surplus. The word "transportation" is substituted for "the transportation of persons or property, as defined in section 1 of this title" for consistency in view of the definition of "transportation" in section 10102 of this title. The words "does or will violate this subtitle" are substitut ed for "is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this chapter" for clarity since the criteria for lawfulness are consolidated in this chapter and in chapter 119 of the revised title. The word "may" is substituted for "is authorized and empowered" as being more appropriate. The words "to determine" are omitted as surplus. The words "just and reasonable" are omitted as unnecessary in view of section 10701 of the revised title. The word "stop" is substituted for "cease and desist" to eliminate redundancy. The words "to the extent to which the Commission finds that the same does or will exist" are omitted as surplus since section 10321 of the revised title requires the Commission to carry out the subtitle. The words "or in excess of the maximum or less than the minimum so prescribed" are omitted as unnecessary in view of the restatement of section 49:15(1) in this subsection.

In subsection (a)(2), the words "for rail carriers" are substituted for "With respect to common carriers by railroad" for consistency. The words after the 2d comma and before the beginning parentheses in 49:15a(4) are omitted as executed. The word "main tain" is substituted for "and thereafter revise and maintain" to eliminate redundancy. The word "reasonable" is substituted for "fair, reasonable" as being inclusive. See the revision note to section 10101 of the revised title. The words "maintained at" are substitut ed for "be held up to" for clarity.

In subsection (b)(2), the words "after hearing" are omitted as unnecessary in view of subchapter II of chapter 103 of the revised title and subchapter II of