§10711. Effect of certain sections on rail rates and practices
Sections 10701(a) and (b), 10707, 10709, 10727,1 and 10728 of this title, related to rail carriers, do not-
(1) modify the application of sections 10701(c), 10726, 10741–10744, or 11103 of this title in determining whether a rate or practice complies with this subtitle;
(2) make a competitive practice that is unfair, destructive, predatory, or otherwise undermines competition that is necessary in the public interest comply with this subtitle;
(3) affect a law in existence on February 5, 1976, or the authority of the Interstate Commerce Commission related to rate relationships between ports; or
(4) affect the authority and responsibility of the Commission to guarantee the equalization of rates in the same port.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10711 | 49:1 (note). | Feb. 5, 1976,
|
This section is included in the revised subtitle because it has general application to rail carriers. The words "Sections . . . do not" are substituted for "Nothing in the . . . shall be construed" for clarity because of the legal conclusion required by the words being replaced. The references to sections 10701(a) and (b), 10707, 10709, and 10728 are substituted for "the amendments made by this section" to cite the sections of the revised subtitle in which those amendments are codified. Reference to 49:1(5)(d), as added by section 202(b) of
In clause (1), the references to section 10701(c), 10726, 10741–10744, and 11103 are substituted for "section 2, 3, or 4 of the Interstate Commerce Act (49 U.S.C. 2, 3, or 4)" to cite the sections of the revised subtitle in which those sections are codified. The words "complies with this subtitle" are substituted for "the lawfulness" and "lawful" for consistency with other sections of the revised title.
In clause (3), the words "in existence on February 5, 1976" are substituted for "existing law" to reflect the date of enactment of
References in Text
Section 10727 of this title, referred to in text, was repealed by