DOT 49 CFR PART 1144-2010 INTRAMODAL RAIL COMPETITION.pdf

1、181 Surface Transportation Board, DOT Pt. 1144 regard will receive the full support and guid-ance of the Boards staff so that the best pos-sible results may be achieved in the shortest possible time. H. G. HOMME,Secretary. 42 FR 32541, June 27, 1977. Redesignated at 47 FR 49571, Nov. 1, 1982 and ame

2、nded at 64 FR 53268, Oct. 1, 1999 PART 1141PROCEDURES TO CALCULATE INTEREST RATES AUTHORITY: 49 U.S.C. 721. 1141.1 Procedures to calculate inter-est rates. (a) For purposes of complying with a Board decision in a complaint or inves-tigation proceeding, interest rates to be computed shall be the coup

3、on equiv-alent yield (investment rate) of mar-ketable securities of the United States Government having a duration of 91 days (3 months). The rate levels will be determined as follows: (1) For investigation proceedings, the interest rate shall be the coupon equiv-alent yield in effect on the date th

4、e statement is filed accounting for all amounts received under the new rates (See 49 U.S.C. 10707(d)(1). (2) For complaint proceedings, the in-terest rate shall be the coupon equiva-lent yield in effect on the first day of the calendar quarter in which an un-lawful charge is paid. The interest rate

5、in complaint proceedings shall be up-dated as of the first day of all subse-quent calendar quarters, at the coupon equivalent yields in effect on those days. Updating will continue until the required reparation payments are made. (3) For purposes of this section, cou-pon equivalent yields shall be c

6、onsid-ered in effect on the date the securi-ties are issued, not on the date they are auctioned. If the date the state-ment is filed (for investigation pro-ceedings) or if the first day of the cal-endar quarter (for complaint pro-ceedings) is the same as the issue date, then the yield on that date s

7、hall be used. (b) Interest in a complaint or inves-tigation proceeding shall be com-pounded quarterly, as follows: (1) For investigation proceedings, the reparations period shall begin on the date the investigation is started. Thus, unless by coincidence, the quarterly compounding periods in investi

8、gation proceedings will not coincide with the calendar quarters. (2) For complaint proceedings, the reparations period shall begin on the date the unlawful charge is paid. How-ever, in order for the quarterly compounding periods in complaint cases to coincide with the calendar quarters (so that only

9、 one interest rate is in effect during each compounding period), the first compounding period shall run from the date the unlawful charge is paid to the last day of the current calendar quarter, and all subse-quent compounding periods shall coin-cide with the calendar quarters. (3) For both investig

10、ation and com-plaint proceedings, the annual effective interest rate shall be the same as the annual nominal (or stated) rate. Thus, the nominal rate must be factored ex-ponentially to the power representing the portion of the year covered by the interest rate. A simple multiplication of the nominal

11、 rate by the portion of the year covered by the interest rate would not be appropriate because it would result in an effective rate in ex-cess of the nominal rate. Under this exponential approach, the total cu-mulative reparations payment (includ-ing interest) is calculated by multi-plying the inter

12、est factor for each quarterly period (or part thereof) by the principal amount for that period plus any accumulated interest from previous periods. The interest factor for each period is 1.0 plus the interest rate for that period to the power rep-resenting the portion of the year cov-ered by the int

13、erest rate. As an exam-ple, if the annual interest rate for the quarter is 5.6 percent, then the interest factor would be 1.01368, or 1.056 to the power of 91/365. 58 FR 19360, Apr. 14, 1993 PART 1144INTRAMODAL RAIL COMPETITION Sec. 1144.1 Negotiation. 1144.2 Prescription. 1144.3 General. VerDate Ma

14、r2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-182 49 CFR Ch. X (10110 Edition) 1144.1 AUTHORITY: 49 U.S.C. 721, 10703

15、, 10705, and 11102. SOURCE: 67 FR 61290, Sept. 30, 2002, unless otherwise noted. 1144.1 Negotiation. (a) Timing. At least 5 days prior to seeking the prescription of a through route, joint rate, or reciprocal switch-ing, the party intending to initiate such action must first seek to engage in negoti

16、ations to resolve its dispute with the prospective defendants. (b) Participation. Participation or failure to participate in negotiations does not waive a partys right to file a timely request for prescription. (c) Arbitration. The parties may use arbitration as part of the negotiation process, or i

17、n lieu of litigation before the Board. 1144.2 Prescription. (a) General. A through route or a through rate shall be prescribed under 49 U.S.C. 10705, or a switching arrange-ment shall be established under 49 U.S.C. 11102, if the Board determines: (1) That the prescription or establish-ment is necess

18、ary to remedy or prevent an act that is contrary to the competi-tion policies of 49 U.S.C. 10101 or is oth-erwise anticompetitive, and otherwise satisfies the criteria of 49 U.S.C. 10705 and 11102, as appropriate. In making its determination, the Board shall take into account all relevant factors, i

19、n-cluding: (i) The revenues of the involved rail-roads on the affected traffic via the rail routes in question. (ii) The efficiency of the rail routes in question, including the costs of oper-ating via those routes. (iii) The rates or compensation charged or sought to be charged by the railroad or r

20、ailroads from which pre-scription or establishment is sought. (iv) The revenues, following the pre-scription, of the involved railroads for the traffic in question via the affected route; the costs of the involved rail-roads for that traffic via that route; the ratios of those revenues to those cost

21、s; and all circumstances relevant to any difference in those ratios; pro-vided that the mere loss of revenue to an affected carrier shall not be a basis for finding that a prescription or estab-lishment is necessary to remedy or pre-vent an act contrary to the competi-tive standards of this section;

22、 and (2) That either: (i) The complaining shipper has used or would use the through route, through rate, or reciprocal switching to meet a significant portion of its cur-rent or future railroad transportation needs between the origin and destina-tion; or (ii) The complaining carrier has used or woul

23、d use the affected through route, through rate, or reciprocal switching for a significant amount of traffic. (b) Other considerations. (1) The Board will not consider product com-petition. (2) If a railroad wishes to rely in any way on geographic competition, it will have the burden of proving the e

24、xist-ence of effective geographic competi-tion by clear and convincing evidence. (3) When prescription of a through route, a through rate, or reciprocal switching is necessary to remedy or prevent an act contrary to the com-petitive standards of this section, the overall revenue inadequacy of the de

25、-fendant railroad(s) will not be a basis for denying the prescription. (4) Any proceeding under the terms of this section will be conducted and con-cluded by the Board on an expedited basis. 1144.3 General. (a) These rules will govern the Boards adjudication of individual cases pending on or after t

26、he effective date of these rules (October 31, 1985). (b) Discovery under these rules is governed by the Boards general rules of discovery at 49 CFR part 1114. (c) Any Board determinations or find-ings under this part with respect to compliance or non-compliance with the standards of 1144.2 shall not

27、 be given any res judicata or collateral estoppel effect in any litigation involving the same facts or controversy arising under the antitrust laws of the United States. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-