Executive Order 12434

by President of the United States

By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Alaska Railroad Act, as amended (38 Stat. 305, 43 U.S.C. 975-975g), and in order to determine the procedures for establishing rates for the Alaska Railroad, it is hereby ordered as follows:

Section 1. General Responsibility.

The Secretary of Transportation is authorized to operate and administer the Alaska Railroad, except that the authority of the Secretary to fix, change, or modify rates for the transportation of passengers and property shall be subject to the authority of the Interstate Commerce Commission, pursuant to Section 3 of this Order.

Sec. 2. Rates-Secretary of Transportation.

(a) In exercising the authority granted by this Order to fix, change, or modify rates of the Alaska Railroad, the Secretary of Transportation is authorized to establish rates and enter into rate arrangements, including contracts, with other parties to the same extent as comparable rail carriers subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of title 49 of the United States Code. Such rates shall be filed with the Interstate Commerce Commission to the same extent as rates are filed by comparable rail carriers subject to its jurisdiction.

(b) Any contract filed with the Commission shall be available to any other shipper for rates and services for transportation of the same type of commodity under similar conditions to the contract on file, if the other shipper is able to enter into such contract at a time essentially contemporaneous with the period during which the contract on file is offered.

(c) Connecting water carriers may participate in Alaska Railroad contract rate agreements.

(d) Alaska Railroad rates, rate arrangements, and contracts entered into pursuant to this Order and Executive Order No. 11107 of April 26, 1963 are subject to the actions of the Interstate Commerce Commission, pursuant to Section 3 of this Order.

Sec. 3. Rates-Interstate Commerce Commission.

With respect to rates filed by the Secretary with the Interstate Commerce Commission pursuant to Section 2 of this Order, the Commission may act in the same manner as though the Alaska Railroad were subject to section 10101a; subchapter I of chapter 105; subchapter I of chapter 107; subchapter II of chapter 107, except sections 10723 and 10724; subchapter III of chapter 107, except sections 10746 and 10751; subchapter IV of chapter 107; subchapter I of chapter 111; subchapter II of chapter 111; and chapter 117, except sections 11703 and 11704 of title 49 of the United States Code: Provided, however, that to the extent Section 2 of this Order may grant additional authority or impose additional limitations, the standards established by Section 2 shall be applicable.

Sec. 4. Conforming Provisions.

(a) Executive Order No. 11107 is superseded.

(b) Any existing Alaska Railroad rate entered into under Executive Order No. 11107 shall have the same force and effect as if it had been entered into in accordance with the provisions of this Order.

(c) Any Alaska railroad rate entered into in accordance with this Order shall be deemed to be in compliance with the Alaska Railroad Act, as amended.

RONALD REAGAN
The White House,
July 19, 1983.

[Filed with the Office of the Federal Register, 11:17 a. m., July 20, 1983]