A bill to amend title 49, United States Code, to promote rail competition, and for other purposes.
Surface Transportation Board Reauthorization and Improvement Act of 1999 - Amends Federal transportation law to declare that it is U.S. rail transportation policy to: (1) encourage and promote effective competition within the rail industry; and (2) discourage artificial barriers to interchange and car supply which can impede competition between shortline, regional, and Class I carriers and block effective rail service to shippers.
(Sec. 3) Extends from 30 days to 60 days (including an additional 60 day extension, but no longer than 18 months unless the Board requests an extension from Congress) the period of time that the Surface Transportation Board may direct the handling, routing, and movement of rail carrier traffic during emergency situations involving congestion of traffic, unauthorized cessation of operations, or other failure of traffic movement.
(Sec. 4) Directs the Board to: (1) review rules and procedures applicable to rate complaints and other complaints filed with it by small shippers; and (2) identify, and reduce or eliminate, any such rules or procedures that are unduly burdensome to them; and (3) notify specified congressional committees that such changes in the rules and procedures are appropriate.
(Sec. 5) Prohibits the Board from considering evidence of product or geographic competition when making market dominance determinations in rail rate proceedings.
(Sec. 6) Amends U.S. rail transportation policy to eliminate a requirement that the Board make a determination with respect to what are adequate revenues for rail carriers in the promotion of a safe and efficient rail transportation system. Requires the Board, in order to facilitate the process by which it gives due consideration to the policy that rail carriers shall earn adequate revenues, to convene a three-member panel of outside experts to make recommendations as to an appropriate methodology by which the adequacy of a carrier's revenues should be considered.
(Sec. 7) Provides for situations in which a shipper and rail carrier enter into a contract for transportation that requires a through route with the connecting carrier and there is no reasonable alternative route that can be constructed without the connecting carrier' participation. Requires a connecting carrier in such a situation, upon request, to establish a through route and a contract rate (bottleneck rate) for such transportation unless the connecting carrier shows that: (1) the interchange requested is not operationally feasible; or (2) the through route would significantly impair the connecting carrier's ability to serve its other traffic. Requires contract rate complaints to be limited to the rate that applies to the portion of the through route not governed by the contract.
(Sec. 8) Directs the Board to promulgate regulations adopting a simplified dispute resolution mechanism that will expedite (with a minimum of discovery) the arbitration of disputes before the Board (other than rate reasonableness cases that would be decided under constrained market pricing principles).
(Sec. 9) Requires the Board, in proceedings which involve the merger or control of at least two Class I railroads, to consider, among other things, means and methods to encourage and expand competition between and among rail carriers in the affected region or the national rail system. Authorizes the Board to impose conditions to encourage and expand such competition, provided that they do not cause substantial harm to the benefits of the transaction to the affected carriers or the public.
(Sec. 10) Authorizes the Board to grant temporary access relief to a rail carrier to through routes or terminal facilities in order to remedy inadequate rail service.
(Sec. 11) Excludes agreements affecting only the transportation of household goods from the requirement that Board approval of route and rate agreements between motor carriers expire within three years of such approval unless renewed.
(Sec. 12) Authorizes appropriations.
(Sec. 13) Requires Senate confirmation with respect to the appointment of the Board Chairman.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3485)
Read twice and referred to the Committee on Commerce.
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