Sec. 229. savings provisions

322 words·~1 min read·/statute-compilations/comps-1804/sec-229

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## Sec. 229 savings provisions ###

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

(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 challenge to the reasonableness of such rate. ###

(d)The burden of proof in any proceeding under this section shall be on the complainant. # TITLE III RAILROAD COST DETERMINATIONS **[**Omitted—amendatory.**]** # TITLE IV RAILROAD MODERNIZATION ASSISTANCE **[**Omitted—amendatory.**]** # TITLE V CONRAIL TITLE V LABOR PROTECTION **[**Omitted—amendatory or obsolete.**]** # TITLE VI EXPEDITED SUPPLEMENTAL TRANSACTION PROPOSALS **[**Omitted—amendatory.**]** # TITLE VII MISCELLANEOUS PROVISIONS