(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]