[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1039.12]

[Page 86]
 
                        TITLE 49--TRANSPORTATION
 
  CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION
 
PART 1039_EXEMPTIONS--Table of Contents
 
Sec. 1039.12  Long and short haul transportation exemption.

    (a) All rates and charges for rail transportation are exempt from 
the provisions of 49 U.S.C. 10726 to the extent that:
    (1) Board approval or consideration before the effective date of 
these rates and charges is not required; and
    (2) Section 10707 will not apply to rates to the extent that they 
are challenged on the basis of alleged violations of section 10726.
    (b) This exemption does not extend to review by the Board upon the 
filing of a formal complaint alleging a violation of section 10726. 
Board review will, however, be subject to the following conditions:
    (1) A showing that a rate violates section 10726 will not create a 
presumption that the higher rate is unreasonably high, and
    (2) A finding by the Board that a rate or charge violates the 
provisions of section 10726 will not, absent a specific showing of 
damages, afford a basis for an award of reparations.

[48 FR 9649, Mar. 8, 1983]