Section,
Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389
, authorized a rail carrier to establish a rate, classification, rule, or practice requiring a total capital investment of at least $1,000,000 to implement upon notice to the Interstate Commerce Commission and an opportunity for a Commission proceeding and final decision within 180 days after notice and provided that the Commission may not suspend or set aside any rate that becomes final for a period of five years but may revise the rate to a level equal to the variable costs of providing the transportation when the Commission finds the level then in effect reduces the going concern of the carrier.
Effective Date of Repeal
Repeal effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.
Savings Provision; Revision of Rate
Section 210(b) of Pub. L. 96–448 provided that: "Notwithstanding any other provision of law, any rate established by a rail carrier under section 10729 of title 49, United States Code, prior to the effective date of this Act [Oct. 1, 1980] shall remain in effect in accordance with its terms, but for no longer than 5 years after the date it became effective, unless the parties otherwise agree. However, the Interstate Commerce Commission may, during the period such a rate is in effect, order such rate revised to a level equal to the incremental cost of providing the transportation if the Commission finds that the level then in effect reduces the going concern value of the rail carrier."