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its operating ratios played an important role in obtaining rate
increases.
We do not believe that petitioner shifted EVC income to OPL
in order to justify raising its rates. The 90-percent operating
ratio was a standard set by petitioner rather than a Federal or
State regulatory mandate. The Motor Carrier Act of 1980 (MCA),
Pub. L. 96-296, 94 Stat. 793, provided for a Zone of Rate Freedom
(ZORF) for motor common carriers and freight forwarders. ZORF
allowed for the filing of rate increases up to 10 percent above
the rate in effect 1 year before the effective date of the
proposed increase or a decrease of as much as 10 percent below
the lesser of the rate in effect on July 1, 1980, or the rate in
effect 1 year before the effective date of the proposed rate.
See MCA sec. 11, 94 Stat. 801.40 Petitioner did not offer any
39(...continued)
ratio is equal to a 10-percent operating margin.
40The pertinent portion of the Motor Carrier Act of 1980,
Pub. L. 96-296, sec. 11, 94 Stat. 801, provided:
ZONE OF RATE FREEDOM FOR MOTOR CARRIERS OF PROPERTY AND
FREIGHT FORWARDERS
Sec. 11. Section 10708 of title 49, United States
Code, is amended by adding at the end thereof the
following new subsection:
(d)(1) Notwithstanding any other provision of this
title, the Commission may not investigate, suspend,
revise, or revoke any rate proposed by a motor common
carrier of property or freight forwarder on the grounds
(continued...)
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