Page:United States Statutes at Large Volume 109 Part 1.djvu/831

This page needs to be proofread.


"'%BS^ PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 815 or leased by such shippers, under payment by such carriers or under a published allowance, are unable to agree upon the amount of compensation to be paid for the use of such rolling stock, any party directly involved in the negotiations may require that the matter be settled by submitting the issues in dispute to the Board. The Board shall render a binding decision, based upon a standard of reasonableness and after taking into consideration any past precedents on the subject matter of the negotiations, no later than 90 days after the date of the submission of the dispute to the Board. "(C) Nothing in this paragraph shall be construed to change the law in effect prior to the effective date of the Staggers Rail Act of 1980 with respect to the obligation of rail carriers to utilize rolling stock owned or leased by shippers. "(b) The Board may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Board may inspect a record maintained under this section. "(c) The Board may review an agreement approved under subsection (a) of this section and shall change the conditions of approval or terminate it when necessary to comply with the public interest and subsection (a). The Board shall postpone the effective date of a change of an agreement under this subsection for whatever period it determines to be reasonably necessary to avoid unreasonable hardship. "(d) The Board may begin a proceeding under this section on its own initiative or on application. Action of the Board under this section— "(1) approving an agreement; "(2) denying, ending, or changing approval; "(3) prescribing the conditions on which approval is granted; or "(4) changing those conditions, has effect only as related to application of the antitrust laws referred to in subsection (a) of this section. "(e)(1) The Federal Trade Commission, in consultation with Reports, the Antitrust Division of the Department of Justice, shall prepare periodically an assessment of, and shall report to the Board on— "(A) possible anticompetitive features of— "(i) agreements approved or submitted for approval under subsection (a) of this section; and "(ii) an organization operating under those agreements; and "(B) possible ways to alleviate or end an anticompetitive feature, effect, or aspect in a manner that will further the goals of this part and of the transportation policy of section 10101 of this title. "(2) Reports received by the Board under this subsection shall be published and made available to the public under section 552(a) of title 5. '*§ 10707. Determination of market dominance in rail rate proceedings "(a) In this section, "market dominance' means an absence of effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies.