To enhance competition among and between rail carriers in order to ensure efficient rail service and reasonable rail rates in any case in which there is an absence of effective competition.
(Sec. 5) Requires a rail carrier, upon a shipper's request, to establish a rail transportation rate and provide service requested by the shipper between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged. Authorizes the shipper to challenge the reasonableness of the rate established. Requires the Surface Transportation Board to then determine the reasonableness of the rate so challenged without regard to whether: (1) the rate established is for only part of a movement between an origin and a destination; (2) the shipper has made arrangements for transportation for any other part of such movement; or (3) the shipper currently has a contract with a rail carrier for any part of the rail traffic at issue, provided that the rate prescribed by the Board shall not apply to transportation covered by such contract.
(Sec. 6) Prohibits the Board from imposing fees in excess of $1,000 for certain administrative services collected from an eligible facility in connection with rail maximum rate complaints.
Prohibits a rail carrier from charging a rate for shipments from or to an eligible facility which results in a revenue-to-variable cost percentage (using system average costs) for transportation service to which the rate applies that is greater than 180 percent.
Requires a rail carrier to accept all requests for grain service from an eligible facility up to a maximum of 110 percent of the grain carloads shipped from or to the facility in the preceding calendar year. Authorizes an eligible facility to request that an alternative rail carrier provide such service using the tracks of the original carrier if such carrier does not initiate service within a specified time. Requires the alternative carrier to compensate the other carrier for use of its tracks.
(Sec. 7) Changes from discretionary to mandatory the authority of the Board to require terminal facilities (including main-line tracks for a reasonable distance outside of a terminal) owned by a rail carrier providing rail transportation to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the carrier's ability to handle its own business. Declares that the Board, in making such determination, shall not require evidence of anticompetitive conduct by the rail carrier from which access is being sought. Makes similar changes to require rail carriers to enter into reciprocal switching agreements where such agreements are necessary to provide competitive rail service.
(Sec. 8) Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings.
(Sec. 9) Amends U.S. rail transportation policy to repeal the mandate that the Board determine adequate revenues for rail carriers.
(Sec. 10) Directs the Secretary of Transportation to require, by regulation, each rail carrier to submit a monthly report containing certain information, including its on-time performance, car availability deadline performance, average train speed, average terminal dwell time, the number of its cars loaded (by major commodity group), and other aspects of its performance as a rail carrier. Requires the Secretary to make such report available to the Board, Congress, and to the public.
Read twice and referred to the Committee on Commerce.
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Ground Transportation.
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