-CITE-
    49 USC CHAPTER 107 - RATES                                  01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES

-HEAD-
                            CHAPTER 107 - RATES                        

-MISC1-
                     SUBCHAPTER I - GENERAL AUTHORITY                 
    Sec.                                                     
    10701.      Standards for rates, classifications, through routes,
                 rules, and practices.                                
    10702.      Authority for rail carriers to establish rates,
                 classifications, rules, and practices.               
    10703.      Authority for rail carriers to establish through
                 routes.                                              
    10704.      Authority and criteria: rates, classifications, rules,
                 and practices prescribed by Board.                   
    10705.      Authority: through routes, joint classifications,
                 rates, and divisions prescribed by Board.            
    10706.      Rate agreements: exemption from antitrust laws.       
    10707.      Determination of market dominance in rail rate
                 proceedings.                                         
    10708.      Rail cost adjustment factor.                          
    10709.      Contracts.                                            

                   SUBCHAPTER II - SPECIAL CIRCUMSTANCES               
    10721.      Government traffic.                                   
    10722.      Car utilization.                                      

                       SUBCHAPTER III - LIMITATIONS                   
    10741.      Prohibitions against discrimination by rail carriers. 
    10742.      Facilities for interchange of traffic.                
    10743.      Liability for payment of rates.                       
    10744.      Continuous carriage of freight.                       
    10745.      Transportation services or facilities furnished by
                 shipper.                                             
    10746.      Demurrage charges.                                    
    10747.      Designation of certain routes by shippers.            

-End-

-CITE-
    49 USC SUBCHAPTER I - GENERAL AUTHORITY                     01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
                     SUBCHAPTER I - GENERAL AUTHORITY                 

-End-

-CITE-
    49 USC Sec. 10701                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10701. Standards for rates, classifications, through routes,
      rules, and practices

-STATUTE-
      (a) A through route established by a rail carrier must be
    reasonable. Divisions of joint rates by rail carriers must be made
    without unreasonable discrimination against a participating carrier
    and must be reasonable.
      (b) A rail carrier providing transportation subject to the
    jurisdiction of the Board under this part may not discriminate in
    its rates against a connecting line of another rail carrier
    providing transportation subject to the jurisdiction of the Board
    under this part or unreasonably discriminate against that line in
    the distribution of traffic that is not routed specifically by the
    shipper.
      (c) Except as provided in subsection (d) of this section and
    unless a rate is prohibited by a provision of this part, a rail
    carrier providing transportation subject to the jurisdiction of the
    Board under this part may establish any rate for transportation or
    other service provided by the rail carrier.
      (d)(1) If the Board determines, under section 10707 of this
    title, that a rail carrier has market dominance over the
    transportation to which a particular rate applies, the rate
    established by such carrier for such transportation must be
    reasonable.
      (2) In determining whether a rate established by a rail carrier
    is reasonable for purposes of this section, the Board shall give
    due consideration to - 
        (A) the amount of traffic which is transported at revenues
      which do not contribute to going concern value and the efforts
      made to minimize such traffic;
        (B) the amount of traffic which contributes only marginally to
      fixed costs and the extent to which, if any, rates on such
      traffic can be changed to maximize the revenues from such
      traffic; and
        (C) the carrier's mix of rail traffic to determine whether one
      commodity is paying an unreasonable share of the carrier's
      overall revenues,

    recognizing the policy of this part that rail carriers shall earn
    adequate revenues, as established by the Board under section
    10704(a)(2) of this title.
      (3) The Board shall, within one year after January 1, 1996,
    complete the pending Interstate Commerce Commission non-coal rate
    guidelines proceeding to establish a simplified and expedited
    method for determining the reasonableness of challenged rail rates
    in those cases in which a full stand-alone cost presentation is too
    costly, given the value of the case.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 809; amended Pub. L. 104-287, Sec. 5(22), Oct. 11, 1996, 110
    Stat. 3390.)

-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 10701 and 10701a were omitted in the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
      Section 10701, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1371; Pub.
    L. 96-296, Sec. 13(a), July 1, 1980, 94 Stat. 803; Pub. L. 96-448,
    title II, Sec. 201(b)(1), (2), Oct. 14, 1980, 94 Stat. 1899, 1900;
    Pub. L. 97-261, Sec. 9(a), Sept. 20, 1982, 96 Stat. 1109; Pub. L.
    103-180, Sec. 2(a), (b), (g), Dec. 3, 1993, 107 Stat. 2044, 2047,
    2049, related to standards for rates, classifications, through
    routes, rules, and practices. See sections 10701, 13701, 13709, and
    15501 of this title.
      Section 10701a, added Pub. L. 96-448, title II, Sec. 201(a), Oct.
    14, 1980, 94 Stat. 1898; amended Pub. L. 103-272, Sec. 4(j)(19),
    July 5, 1994, 108 Stat. 1369, related to standards for rates for
    rail carriers. See section 10701 of this title.

                                AMENDMENTS                            
      1996 - Subsec. (d)(3). Pub. L. 104-287 substituted "January 1,
    1996" for "the effective date of this paragraph".

                              EFFECTIVE DATE                          
      Chapter effective Jan. 1, 1996, except as otherwise provided in
    Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note
    under section 701 of this title.

-TRANS-
                ABOLITION OF INTERSTATE COMMERCE COMMISSION            
      Interstate Commerce Commission abolished by section 101 of Pub.
    L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-
    49 USC Sec. 10702                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10702. Authority for rail carriers to establish rates,
      classifications, rules, and practices

-STATUTE-
      A rail carrier providing transportation or service subject to the
    jurisdiction of the Board under this part shall establish
    reasonable - 
        (1) rates, to the extent required by section 10707, divisions
      of joint rates, and classifications for transportation and
      service it may provide under this part; and
        (2) rules and practices on matters related to that
      transportation or service.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 810.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10702, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1372; Pub. L. 103-180, Sec. 6(a), Dec. 3, 1993, 107 Stat. 2050;
    Pub. L. 103-311, title II, Sec. 206(a), Aug. 26, 1994, 108 Stat.
    1684, related to authority for carriers to establish rates,
    classifications, rules, and practices, prior to the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). See
    sections 10702 and 15502 of this title.

-End-

-CITE-
    49 USC Sec. 10703                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10703. Authority for rail carriers to establish through routes

-STATUTE-
      Rail carriers providing transportation subject to the
    jurisdiction of the Board under this part shall establish through
    routes (including physical connections) with each other and with
    water carriers providing transportation subject to chapter 137,
    shall establish rates and classifications applicable to those
    routes, and shall establish rules for their operation and provide -
    
        (1) reasonable facilities for operating the through route; and
        (2) reasonable compensation to persons entitled to compensation
      for services related to the through route.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 810.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10703, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1372; Pub. L. 96-296, Sec. 22(a), (h), July 1, 1980, 94 Stat. 812,
    814; Pub. L. 97-449, Sec. 5(g)(5), Jan. 12, 1983, 96 Stat. 2443;
    Pub. L. 98-216, Sec. 2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99-
    521, Sec. 7(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103-272,
    Sec. 5(m)(21), July 5, 1994, 108 Stat. 1377, related to authority
    for carriers to establish through routes, prior to the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). See
    sections 10703 and 13705 of this title.

-End-

-CITE-
    49 USC Sec. 10704                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10704. Authority and criteria: rates, classifications, rules,
      and practices prescribed by Board

-STATUTE-
      (a)(1) When the Board, after a full hearing, decides that a rate
    charged or collected by a rail carrier for transportation subject
    to the jurisdiction of the Board under this part, or that a
    classification, rule, or practice of that carrier, does or will
    violate this part, the Board may prescribe the maximum rate,
    classification, rule, or practice to be followed. The Board may
    order the carrier to stop the violation. When a rate,
    classification, rule, or practice is prescribed under this
    subsection, the affected carrier may not publish, charge, or
    collect a different rate and shall adopt the classification and
    observe the rule or practice prescribed by the Board.
      (2) The Board shall maintain and revise as necessary standards
    and procedures for establishing revenue levels for rail carriers
    providing transportation subject to its jurisdiction under this
    part that are adequate, under honest, economical, and efficient
    management, to cover total operating expenses, including
    depreciation and obsolescence, plus a reasonable and economic
    profit or return (or both) on capital employed in the business. The
    Board shall make an adequate and continuing effort to assist those
    carriers in attaining revenue levels prescribed under this
    paragraph. Revenue levels established under this paragraph should -
    
        (A) provide a flow of net income plus depreciation adequate to
      support prudent capital outlays, assure the repayment of a
      reasonable level of debt, permit the raising of needed equity
      capital, and cover the effects of inflation; and
        (B) attract and retain capital in amounts adequate to provide a
      sound transportation system in the United States.

      (3) On the basis of the standards and procedures described in
    paragraph (2), the Board shall annually determine which rail
    carriers are earning adequate revenues.
      (b) The Board may begin a proceeding under this section only on
    complaint. A complaint under subsection (a) of this section must be
    made under section 11701 of this title, but the proceeding may also
    be in extension of a complaint pending before the Board.
      (c) In a proceeding to challenge the reasonableness of a rate,
    the Board shall make its determination as to the reasonableness of
    the challenged rate - 
        (1) within 9 months after the close of the administrative
      record if the determination is based upon a stand-alone cost
      presentation; or
        (2) within 6 months after the close of the administrative
      record if the determination is based upon the methodology adopted
      by the Board pursuant to section 10701(d)(3).

      (d) Within 9 months after January 1, 1996, the Board shall
    establish procedures to ensure expeditious handling of challenges
    to the reasonableness of railroad rates. The procedures shall
    include appropriate measures for avoiding delay in the discovery
    and evidentiary phases of such proceedings and exemption or
    revocation proceedings, including appropriate sanctions for such
    delay, and for ensuring prompt disposition of motions and
    interlocutory administrative appeals.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 810; amended Pub. L. 104-287, Sec. 5(23), Oct. 11, 1996, 110
    Stat. 3390.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10704, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1373; Pub. L. 96-296, Sec. 13(b), July 1, 1980, 94 Stat. 803; Pub.
    L. 96-448, title II, Sec. 205(b), Oct. 14, 1980, 94 Stat. 1906;
    Pub. L. 97-261, Sec. 9(b), Sept. 20, 1982, 96 Stat. 1109; Pub. L.
    99-521, Sec. 7(b), Oct. 22, 1986, 100 Stat. 2994, related to
    authority and criteria for rates, classifications, rules, and
    practices prescribed by Interstate Commerce Commission, prior to
    the general amendment of this subtitle by Pub. L. 104-88, Sec.
    102(a). See sections 10704, 13701, and 15503 of this title.

                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-287 substituted "January 1, 1996"
    for "the effective date of the ICC Termination Act of 1995".

-End-

-CITE-
    49 USC Sec. 10705                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10705. Authority: through routes, joint classifications,
      rates, and divisions prescribed by Board

-STATUTE-
      (a)(1) The Board may, and shall when it considers it desirable in
    the public interest, prescribe through routes, joint
    classifications, joint rates, the division of joint rates, and the
    conditions under which those routes must be operated, for a rail
    carrier providing transportation subject to the jurisdiction of the
    Board under this part.
      (2) The Board may require a rail carrier to include in a through
    route substantially less than the entire length of its railroad and
    any intermediate railroad operated with it under common management
    or control if that intermediate railroad lies between the terminals
    of the through route only when - 
        (A) required under section 10741, 10742, or 11102 of this
      title;
        (B) inclusion of those lines would make the through route
      unreasonably long when compared with a practicable alternative
      through route that could be established; or
        (C) the Board decides that the proposed through route is needed
      to provide adequate, and more efficient or economic,
      transportation.

    The Board shall give reasonable preference, subject to this
    subsection, to the rail carrier originating the traffic when
    prescribing through routes.
      (b) The Board shall prescribe the division of joint rates to be
    received by a rail carrier providing transportation subject to its
    jurisdiction under this part when it decides that a division of
    joint rates established by the participating carriers under section
    10703 of this title, or under a decision of the Board under
    subsection (a) of this section, does or will violate section 10701
    of this title.
      (c) If a division of a joint rate prescribed under a decision of
    the Board is later found to violate section 10701 of this title,
    the Board may decide what division would have been reasonable and
    order adjustment to be made retroactive to the date the complaint
    was filed, the date the order for an investigation was made, or a
    later date that the Board decides is justified. The Board may make
    a decision under this subsection effective as part of its original
    decision.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 811.)

-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 10705 and 10705a were omitted in the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
      Section 10705, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1375; Pub.
    L. 96-296, Sec. 22(b)-(g), July 1, 1980, 94 Stat. 813; Pub. L. 96-
    448, title II, Sec. 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97-
    449, Sec. 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to
    authority for through routes, joint classifications, rates, and
    divisions prescribed by Interstate Commerce Commission. See
    sections 10705 and 13701 of this title.
      Section 10705a, added Pub. L. 96-448, title II, Sec. 217(a)(1),
    Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103-272, Sec.
    4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate
    surcharges and cancellations.

-End-

-CITE-
    49 USC Sec. 10706                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10706. Rate agreements: exemption from antitrust laws

-STATUTE-
      (a)(1) In this subsection - 
        (A) the term "affiliate" means a person controlling, controlled
      by, or under common control or ownership with another person and
      "ownership" refers to equity holdings in a business entity of at
      least 5 percent;
        (B) the term "single-line rate" refers to a rate or allowance
      proposed by a single rail carrier that is applicable only over
      its line and for which the transportation (exclusive of terminal
      services by switching, drayage or other terminal carriers or
      agencies) can be provided by that carrier; and
        (C) the term "practicably participates in the movement" shall
      have such meaning as the Board shall by regulation prescribe.

      (2)(A) A rail carrier providing transportation subject to the
    jurisdiction of the Board under this part that is a party to an
    agreement of at least 2 rail carriers that relates to rates
    (including charges between rail carriers and compensation paid or
    received for the use of facilities and equipment), classifications,
    divisions, or rules related to them, or procedures for joint
    consideration, initiation, publication, or establishment of them,
    shall apply to the Board for approval of that agreement under this
    subsection. The Board shall approve the agreement only when it
    finds that the making and carrying out of the agreement will
    further the transportation policy of section 10101 of this title
    and may require compliance with conditions necessary to make the
    agreement further that policy as a condition of its approval. If
    the Board approves the agreement, it may be made and carried out
    under its terms and under the conditions required by the Board, and
    the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C.
    12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et
    seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and
    9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do
    not apply to parties and other persons with respect to making or
    carrying out the agreement. However, the Board may not approve or
    continue approval of an agreement when the conditions required by
    it are not met or if it does not receive a verified statement under
    subparagraph (B) of this paragraph.
      (B) The Board may approve an agreement under subparagraph (A) of
    this paragraph only when the rail carriers applying for approval
    file a verified statement with the Board. Each statement must
    specify for each rail carrier that is a party to the agreement - 
        (i) the name of the carrier;
        (ii) the mailing address and telephone number of its
      headquarter's office; and
        (iii) the names of each of its affiliates and the names,
      addresses, and affiliates of each of its officers and directors
      and of each person, together with an affiliate, owning or
      controlling any debt, equity, or security interest in it having a
      value of at least $1,000,000.

      (3)(A) An organization established or continued under an
    agreement approved under this subsection shall make a final
    disposition of a rule or rate docketed with it by the 120th day
    after the proposal is docketed. Such an organization may not - 
        (i) permit a rail carrier to discuss, to participate in
      agreements related to, or to vote on single-line rates proposed
      by another rail carrier, except that for purposes of general rate
      increases and broad changes in rates, classifications, rules, and
      practices only, if the Board finds at any time that the
      implementation of this clause is not feasible, it may delay or
      suspend such implementation in whole or in part;
        (ii) permit a rail carrier to discuss, to participate in
      agreements related to, or to vote on rates related to a
      particular interline movement unless that rail carrier
      practicably participates in the movement; or
        (iii) if there are interline movements over two or more routes
      between the same end points, permit a carrier to discuss, to
      participate in agreements related to, or to vote on rates except
      with a carrier which forms part of a particular single route. If
      the Board finds at any time that the implementation of this
      clause is not feasible, it may delay or suspend such
      implementation in whole or in part.

      (B)(i) In any proceeding in which a party alleges that a rail
    carrier voted or agreed on a rate or allowance in violation of this
    subsection, that party has the burden of showing that the vote or
    agreement occurred. A showing of parallel behavior does not satisfy
    that burden by itself.
      (ii) In any proceeding in which it is alleged that a carrier was
    a party to an agreement, conspiracy, or combination in violation of
    a Federal law cited in subsection (a)(2)(A) of this section or of
    any similar State law, proof of an agreement, conspiracy, or
    combination may not be inferred from evidence that two or more rail
    carriers acted together with respect to an interline rate or
    related matter and that a party to such action took similar action
    with respect to a rate or related matter on another route or
    traffic. In any proceeding in which such a violation is alleged,
    evidence of a discussion or agreement between or among such rail
    carrier and one or more other rail carriers, or of any rate or
    other action resulting from such discussion or agreement, shall not
    be admissible if the discussion or agreement - 
        (I) was in accordance with an agreement approved under
      paragraph (2) of this subsection; or
        (II) concerned an interline movement of the rail carrier, and
      the discussion or agreement would not, considered by itself,
      violate the laws referred to in the first sentence of this
      clause.

    In any proceeding before a jury, the court shall determine whether
    the requirements of subclause (I) or (II) are satisfied before
    allowing the introduction of any such evidence.
      (C) An organization described in subparagraph (A) of this
    paragraph shall provide that transcripts or sound recordings be
    made of all meetings, that records of votes be made, and that such
    transcripts or recordings and voting records be submitted to the
    Board and made available to other Federal agencies in connection
    with their statutory responsibilities over rate bureaus, except
    that such material shall be kept confidential and shall not be
    subject to disclosure under section 552 of title 5, United States
    Code.
      (4) Notwithstanding any other provision of this subsection, one
    or more rail carriers may enter into an agreement, without
    obtaining prior Board approval, that provides solely for
    compilation, publication, and other distribution of rates in effect
    or to become effective. The Sherman Act (15 U.S.C. 1 et seq.), the
    Clayton Act (15 U.S.C. 12 et seq.), the Federal Trade Commission
    Act (15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson Tariff
    Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C.
    13, 13a, 13b, 21a) shall not apply to parties and other persons
    with respect to making or carrying out such agreement. However, the
    Board may, upon application or on its own initiative, investigate
    whether the parties to such an agreement have exceeded its scope,
    and upon a finding that they have, the Board may issue such orders
    as are necessary, including an order dissolving the agreement, to
    ensure that actions taken pursuant to the agreement are limited as
    provided in this paragraph.
      (5)(A) Whenever two or more shippers enter into an agreement to
    discuss among themselves that relates to the amount of compensation
    such shippers propose to be paid by rail carriers providing
    transportation subject to the jurisdiction of the Board under this
    part, for use by such rail carriers of rolling stock owned or
    leased by such shippers, the shippers shall apply to the Board for
    approval of that agreement under this paragraph. The Board shall
    approve the agreement only when it finds that the making and
    carrying out of the agreement will further the transportation
    policy set forth in section 10101 of this title and may require
    compliance with conditions necessary to make the agreement further
    that policy as a condition of approval. If the Board approves the
    agreement, it may be made and carried out under its terms and under
    the terms required by the Board, and the antitrust laws set forth
    in paragraph (2) of this subsection do not apply to parties and
    other persons with respect to making or carrying out the agreement.
    The Board shall approve or disapprove an agreement under this
    paragraph within one year after the date application for approval
    of such agreement is made.
      (B) If the Board approves an agreement described in subparagraph
    (A) of this paragraph and the shippers entering into such agreement
    and the rail carriers proposing to use rolling stock owned or
    leased by such shippers, under payment by such carriers or under a
    published allowance, are unable to agree upon the amount of
    compensation to be paid for the use of such rolling stock, any
    party directly involved in the negotiations may require that the
    matter be settled by submitting the issues in dispute to the Board.
    The Board shall render a binding decision, based upon a standard of
    reasonableness and after taking into consideration any past
    precedents on the subject matter of the negotiations, no later than
    90 days after the date of the submission of the dispute to the
    Board.
      (C) Nothing in this paragraph shall be construed to change the
    law in effect prior to October 1, 1980, with respect to the
    obligation of rail carriers to utilize rolling stock owned or
    leased by shippers.
      (b) The Board may require an organization established or
    continued under an agreement approved under this section to
    maintain records and submit reports. The Board may inspect a record
    maintained under this section.
      (c) The Board may review an agreement approved under subsection
    (a) of this section and shall change the conditions of approval or
    terminate it when necessary to comply with the public interest and
    subsection (a). The Board shall postpone the effective date of a
    change of an agreement under this subsection for whatever period it
    determines to be reasonably necessary to avoid unreasonable
    hardship.
      (d) The Board may begin a proceeding under this section on its
    own initiative or on application. Action of the Board under this
    section - 
        (1) approving an agreement;
        (2) denying, ending, or changing approval;
        (3) prescribing the conditions on which approval is granted; or
        (4) changing those conditions,

    has effect only as related to application of the antitrust laws
    referred to in subsection (a) of this section.
      (e)(1) The Federal Trade Commission, in consultation with the
    Antitrust Division of the Department of Justice, shall prepare
    periodically an assessment of, and shall report to the Board on - 
        (A) possible anticompetitive features of - 
          (i) agreements approved or submitted for approval under
        subsection (a) of this section; and
          (ii) an organization operating under those agreements; and

        (B) possible ways to alleviate or end an anticompetitive
      feature, effect, or aspect in a manner that will further the
      goals of this part and of the transportation policy of section
      10101 of this title.

      (2) Reports received by the Board under this subsection shall be
    published and made available to the public under section 552(a) of
    title 5.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 812; amended Pub. L. 104-287, Sec. 5(24), Oct. 11, 1996, 110
    Stat. 3390.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Sherman Act, referred to in subsec. (a)(2)(A), (4), is act
    July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is
    classified to sections 1 to 7 of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1 of Title 15 and Tables.
      The Clayton Act, referred to in subsec. (a)(2)(A), (4), is act
    Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is
    classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27
    of Title 15 and sections 52 and 53 of Title 29, Labor. For further
    details and complete classification of this Act to the Code, see
    References in Text note set out under section 12 of Title 15 and
    Tables.
      The Federal Trade Commission Act, referred to in subsec.
    (a)(2)(A), (4), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as
    amended, which is classified generally to subchapter I (Sec. 41 et
    seq.) of chapter 2 of Title 15. For complete classification of this
    Act to the Code, see section 58 of Title 15 and Tables.
      Sections 73 and 74 of the Wilson Tariff Act, referred to in
    subsec. (a)(2)(A), (4), are sections 73 and 74 of act Aug. 27,
    1894, ch. 349, 28 Stat. 570, which enacted sections 8 and 9,
    respectively, of Title 15.
      Act of June 19, 1936, referred to in subsec. (a)(2)(A), (4), is
    act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the
    Robinson-Patman Anti-discrimination Act and also as the Robinson-
    Patman Price Discrimination Act, which enacted sections 13a, 13b,
    and 21a of Title 15 and amended section 13 of Title 15. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 13 of Title 15 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10706, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1377; Pub. L. 96-258, Sec. 1(7), June 3, 1980, 94 Stat. 426; Pub.
    L. 96-296, Sec. 14(a), (c), (d), July 1, 1980, 94 Stat. 803, 808;
    Pub. L. 96-448, title II, Sec. 219(a)-(e), 224(b), Oct. 14, 1980,
    94 Stat. 1926-1929; Pub. L. 97-261, Sec. 10(a)-(d), Sept. 20, 1982,
    96 Stat. 1109, 1110; Pub. L. 98-216, Sec. 2(12), Feb. 14, 1984, 98
    Stat. 5; Pub. L. 99-521, Sec. 7(c), Oct. 22, 1986, 100 Stat. 2995,
    related to exemption from antitrust laws of rate agreements, prior
    to the general amendment of this subtitle by Pub. L. 104-88, Sec.
    102(a). See sections 10706 and 13703 of this title.

                                AMENDMENTS                            
      1996 - Subsec. (a)(5)(C). Pub. L. 104-287 substituted "October 1,
    1980," for "the effective date of the Staggers Rail Act of 1980".

-End-

-CITE-
    49 USC Sec. 10707                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10707. Determination of market dominance in rail rate
      proceedings

-STATUTE-
      (a) In this section, "market dominance" means an absence of
    effective competition from other rail carriers or modes of
    transportation for the transportation to which a rate applies.
      (b) When a rate for transportation by a rail carrier providing
    transportation subject to the jurisdiction of the Board under this
    part is challenged as being unreasonably high, the Board shall
    determine whether the rail carrier proposing the rate has market
    dominance over the transportation to which the rate applies. The
    Board may make that determination on its own initiative or on
    complaint. A finding by the Board that the rail carrier does not
    have market dominance is determinative in a proceeding under this
    part related to that rate or transportation unless changed or set
    aside by the Board or set aside by a court of competent
    jurisdiction.
      (c) When the Board finds in any proceeding that a rail carrier
    proposing or defending a rate for transportation has market
    dominance over the transportation to which the rate applies, it may
    then determine that rate to be unreasonable if it exceeds a
    reasonable maximum for that transportation. However, a finding of
    market dominance does not establish a presumption that the proposed
    rate exceeds a reasonable maximum.
      (d)(1)(A) In making a determination under this section, the Board
    shall find that the rail carrier establishing the challenged rate
    does not have market dominance over the transportation to which the
    rate applies if such rail carrier proves that the rate charged
    results in a revenue-variable cost percentage for such
    transportation that is less than 180 percent.
      (B) For purposes of this section, variable costs for a rail
    carrier shall be determined only by using such carrier's unadjusted
    costs, calculated using the Uniform Rail Costing System cost
    finding methodology (or an alternative methodology adopted by the
    Board in lieu thereof) and indexed quarterly to account for current
    wage and price levels in the region in which the carrier operates,
    with adjustments specified by the Board. A rail carrier may meet
    its burden of proof under this subsection by establishing its
    variable costs in accordance with this paragraph, but a shipper may
    rebut that showing by evidence of such type, and in accordance with
    such burden of proof, as the Board shall prescribe.
      (2) A finding by the Board that a rate charged by a rail carrier
    results in a revenue-variable cost percentage for the
    transportation to which the rate applies that is equal to or
    greater than 180 percent does not establish a presumption that - 
        (A) such rail carrier has or does not have market dominance
      over such transportation; or
        (B) the proposed rate exceeds or does not exceed a reasonable
      maximum.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 815.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10709 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      Prior sections 10707 and 10707a were omitted in the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
      Section 10707, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1380; Pub.
    L. 96-448, title II, Sec. 207, Oct. 14, 1980, 94 Stat. 1907; Pub.
    L. 103-272, Sec. 4(j)(21), July 5, 1994, 108 Stat. 1369, related to
    investigation and suspension of new rail carrier rates,
    classifications, rules, and practices.
      Section 10707a, added Pub. L. 96-448, title II, Sec. 203(a), Oct.
    14, 1980, 94 Stat. 1901; amended Pub. L. 103-272, Sec. 4(j)(22),
    July 5, 1994, 108 Stat. 1369, related to zone of rail carrier
    flexibility.

-End-

-CITE-
    49 USC Sec. 10708                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10708. Rail cost adjustment factor

-STATUTE-
      (a) The Board shall, as often as practicable, but in no event
    less often than quarterly, publish a rail cost adjustment factor
    which shall be a fraction, the numerator of which is the latest
    published Index of Railroad Costs (which index shall be compiled or
    verified by the Board, with appropriate adjustments to reflect the
    change in composition of railroad costs, including the quality and
    mix of material and labor) and the denominator of which is the same
    index for the fourth quarter of every fifth year, beginning with
    the fourth quarter of 1992.
      (b) The rail cost adjustment factor published by the Board under
    subsection (a) of this section shall take into account changes in
    railroad productivity. The Board shall also publish a similar index
    that does not take into account changes in railroad productivity.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 816.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10712 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      A prior section 10708, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1382; Pub. L. 96-296, Sec. 11, July 1, 1980, 94 Stat. 801; Pub. L.
    97-261, Secs. 11, 12(a), Sept. 20, 1982, 96 Stat. 1112, 1113; Pub.
    L. 99-521, Sec. 7(d), Oct. 22, 1986, 100 Stat. 2995, related to
    investigation and suspension of new nonrail carrier rates,
    classifications, rules, and practices, prior to the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-
    49 USC Sec. 10709                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER I - GENERAL AUTHORITY

-HEAD-
    Sec. 10709. Contracts

-STATUTE-
      (a) One or more rail carriers providing transportation subject to
    the jurisdiction of the Board under this part may enter into a
    contract with one or more purchasers of rail services to provide
    specified services under specified rates and conditions.
      (b) A party to a contract entered into under this section shall
    have no duty in connection with services provided under such
    contract other than those duties specified by the terms of the
    contract.
      (c)(1) A contract that is authorized by this section, and
    transportation under such contract, shall not be subject to this
    part, and may not be subsequently challenged before the Board or in
    any court on the grounds that such contract violates a provision of
    this part.
      (2) The exclusive remedy for any alleged breach of a contract
    entered into under this section shall be an action in an
    appropriate State court or United States district court, unless the
    parties otherwise agree. This section does not confer original
    jurisdiction on the district courts of the United States based on
    section 1331 or 1337 of title 28, United States Code.
      (d)(1) A summary of each contract for the transportation of
    agricultural products (including grain, as defined in section 3 of
    the United States Grain Standards Act (7 U.S.C. 75) and products
    thereof) entered into under this section shall be filed with the
    Board, containing such nonconfidential information as the Board
    prescribes. The Board shall publish special rules for such
    contracts in order to ensure that the essential terms of the
    contract are available to the general public.
      (2) Documents, papers, and records (and any copies thereof)
    relating to a contract described in subsection (a) shall not be
    subject to the mandatory disclosure requirements of section 552 of
    title 5.
      (e) Any lawful contract between a rail carrier and one or more
    purchasers of rail service that was in effect on October 1, 1980,
    shall be considered a contract authorized by this section.
      (f) A rail carrier that enters into a contract as authorized by
    this section remains subject to the common carrier obligation set
    forth in section 11101, with respect to rail transportation not
    provided under such a contract.
      (g)(1) No later than 30 days after the date of filing of a
    summary of a contract under this section, the Board may, on
    complaint, begin a proceeding to review such contract on the
    grounds described in this subsection.
      (2)(A) A complaint may be filed under this subsection - 
        (i) by a shipper on the grounds that such shipper individually
      will be harmed because the proposed contract unduly impairs the
      ability of the contracting rail carrier or carriers to meet their
      common carrier obligations to the complainant under section 11101
      of this title; or
        (ii) by a port only on the grounds that such port individually
      will be harmed because the proposed contract will result in
      unreasonable discrimination against such port.

      (B) In addition to the grounds for a complaint described in
    subparagraph (A) of this paragraph, a complaint may be filed by a
    shipper of agricultural commodities on the grounds that such
    shipper individually will be harmed because - 
        (i) the rail carrier has unreasonably discriminated by refusing
      to enter into a contract with such shipper for rates and services
      for the transportation of the same type of commodity under
      similar conditions to the contract at issue, and that shipper was
      ready, willing, and able to enter into such a contract at a time
      essentially contemporaneous with the period during which the
      contract at issue was offered; or
        (ii) the proposed contract constitutes a destructive
      competitive practice under this part.

    In making a determination under clause (ii) of this subparagraph,
    the Board shall consider the difference between contract rates and
    published single car rates.
      (C) For purposes of this paragraph, the term "unreasonable
    discrimination" has the same meaning as such term has under section
    10741 of this title.
      (3)(A) Within 30 days after the date a proceeding is commenced
    under paragraph (1) of this subsection, or within such shorter time
    period after such date as the Board may establish, the Board shall
    determine whether the contract that is the subject of such
    proceeding is in violation of this section.
      (B) If the Board determines, on the basis of a complaint filed
    under paragraph (2)(B)(i) of this subsection, that the grounds for
    a complaint described in such paragraph have been established with
    respect to a rail carrier, the Board shall, subject to the
    provisions of this section, order such rail carrier to provide
    rates and service substantially similar to the contract at issue
    with such differentials in terms and conditions as are justified by
    the evidence.
      (h)(1) Any rail carrier may, in accordance with the terms of this
    section, enter into contracts for the transportation of
    agricultural commodities (including forest products, but not
    including wood pulp, wood chips, pulpwood or paper) involving the
    utilization of carrier owned or leased equipment not in excess of
    40 percent of the capacity of such carrier's owned or leased
    equipment by major car type (plain boxcars, covered hopper cars,
    gondolas and open top hoppers, coal cars, bulkhead flatcars,
    pulpwood rackcars, and flatbed equipment, including TOFC/COFC).
      (2) The Board may, on request of a rail carrier or other party or
    on its own initiative, grant such relief from the limitations of
    paragraph (1) of this subsection as the Board considers
    appropriate, if it appears that additional equipment may be made
    available without impairing the rail carrier's ability to meet its
    common carrier obligations under section 11101 of this title.
      (3)(A) This subsection shall cease to be effective after
    September 30, 1998.
      (B) Before October 1, 1997, the National Grain Car Council and
    the Railroad-Shipper Transportation Advisory Council shall make
    recommendations to Congress on whether to extend the effectiveness
    of or otherwise modify this subsection.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 817; amended Pub. L. 104-287, Sec. 5(24), Oct. 11, 1996, 110
    Stat. 3390.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10713 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      Prior sections 10709 to 10713 were omitted in the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
      Section 10709, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1382; Pub.
    L. 96-448, title II, Sec. 202, Oct. 14, 1980, 94 Stat. 1900,
    related to determination of market dominance in rail carrier rate
    proceedings. See section 10707 of this title.
      Section 10710, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1383,
    related to elimination of discrimination against recyclable
    materials.
      Section 10711, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1383,
    related to effect of former sections 10701(a), (b), 10707, 10709,
    10727, and 10728 of this title on rail rates and practices.
      Section 10712, added Pub. L. 96-448, title II, Sec. 206(a), Oct.
    14, 1980, 94 Stat. 1906, related to inflation-based rate increases.
      Section 10713, added Pub. L. 96-448, title II, Sec. 208(a), Oct.
    14, 1980, 94 Stat. 1908; amended Pub. L. 97-468, title V, Sec. 502,
    Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99-509, title IV, Sec. 4051,
    Oct. 21, 1986, 100 Stat. 1910, related to contracts between rail
    carriers and purchasers of rail services. See section 10709 of this
    title.

                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-287 substituted "October 1,
    1980," for "the effective date of the Staggers Rail Act of 1980".

-End-

-CITE-
    49 USC SUBCHAPTER II - SPECIAL CIRCUMSTANCES                01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER II - SPECIAL CIRCUMSTANCES

-HEAD-
                   SUBCHAPTER II - SPECIAL CIRCUMSTANCES               

-End-

-CITE-
    49 USC Sec. 10721                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER II - SPECIAL CIRCUMSTANCES

-HEAD-
    Sec. 10721. Government traffic

-STATUTE-
      A rail carrier providing transportation or service for the United
    States Government may transport property or individuals for the
    United States Government without charge or at a rate reduced from
    the applicable commercial rate. Section 3709 of the Revised
    Statutes (41 U.S.C. 5) does not apply when transportation for the
    United States Government can be obtained from a rail carrier
    lawfully operating in the area where the transportation would be
    provided.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 819.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10721, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1383; Pub. L. 96-454, Sec. 10(b), Oct. 15, 1980, 94 Stat. 2022;
    Pub. L. 103-272, Sec. 5(m)(22), July 5, 1994, 108 Stat. 1378,
    related to Government traffic, prior to the general amendment of
    this subtitle by Pub. L. 104-88, Sec. 102(a). See sections 10721,
    13712, and 15504 of this title.

-End-

-CITE-
    49 USC Sec. 10722                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER II - SPECIAL CIRCUMSTANCES

-HEAD-
    Sec. 10722. Car utilization

-STATUTE-
      In order to encourage more efficient use of freight cars,
    notwithstanding any other provision of this part, rail carriers
    shall be permitted to establish premium charges for special
    services or special levels of services not otherwise applicable to
    the movement. The Board shall facilitate development of such
    charges so as to increase the utilization of equipment.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 819.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10734 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      Prior sections 10722 to 10726 were omitted in the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
      Section 10722, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1384; Pub.
    L. 97-261, Sec. 29(a), (b), Sept. 20, 1982, 96 Stat. 1128; Pub. L.
    99-521, Sec. 7(e), Oct. 22, 1986, 100 Stat. 2995, related to
    special passenger rates.
      Section 10723, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1385; Pub.
    L. 97-261, Sec. 29(c), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 102-
    54, Sec. 13(s), June 13, 1991, 105 Stat. 282; Pub. L. 102-240,
    title IV, Sec. 4011, Dec. 18, 1991, 105 Stat. 2156, related to
    transportation for charitable purposes.
      Section 10724, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1386,
    related to rates for emergency transportation.
      Section 10725, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1387; Pub.
    L. 99-521, Sec. 7(f), Oct. 22, 1986, 100 Stat. 2995, related to
    special freight forwarder rates.
      Section 10726, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1387; Pub.
    L. 96-448, title II, Sec. 220, Oct. 14, 1980, 94 Stat. 1928,
    related to long and short haul transportation.
      A prior section 10727, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1388, authorized the Interstate Commerce Commission to maintain
    standards and procedures to permit seasonal, regional, or peak-
    period demand rates and required the Commission to submit an
    annual report to Congress on implementation of those rates and
    recommendations for additional legislation needed to make it easier
    to establish those rates, prior to repeal by Pub. L. 96-448, title
    II, Sec. 209, title VII, Sec. 710(a), Oct. 14, 1980, 94 Stat. 1910,
    1966, effective Oct. 1, 1980.
      A prior section 10728, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1388, related to separate rates for distinct rail services, prior
    to the general amendment of this subtitle by Pub. L. 104-88, Sec.
    102(a).
      A prior section 10729, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1389, authorized rail carrier to establish rate, classification,
    rule, or practice requiring total capital investment of at least
    $1,000,000 to implement upon notice to Interstate Commerce
    Commission and opportunity for Commission proceeding and final
    decision within 180 days after notice and provided that Commission
    could not suspend or set aside any rate that became final for
    period of five years but could revise rate to level equal to
    variable costs of providing transportation when Commission found
    level then in effect reduced going concern of carrier, prior to
    repeal by Pub. L. 96-448, title II, Sec. 210(a), title VII, Sec.
    710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
      Prior sections 10730 to 10735 were omitted in the general
    amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
      Section 10730, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1389; Pub.
    L. 96-296, Sec. 12, July 1, 1980, 94 Stat. 802; Pub. L. 96-448,
    title II, Sec. 211(a), (b), Oct. 14, 1980, 94 Stat. 1911; Pub. L.
    99-521, Sec. 7(g), Oct. 22, 1986, 100 Stat. 2995, related to rates
    and liability based on value.
      Section 10731, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1389; Pub.
    L. 96-448, title II, Sec. 204, Oct. 14, 1980, 94 Stat. 1905; Pub.
    L. 103-272, Sec. 4(j)(23), July 5, 1994, 108 Stat. 1369, related to
    investigation of discriminatory rail rates for transportation of
    recyclable or recycled materials.
      Section 10732, added Pub. L. 96-296, Sec. 8(a), July 1, 1980, 94
    Stat. 798; amended Pub. L. 100-690, title IX, Sec. 9113, Nov. 18,
    1988, 102 Stat. 4535, related to food and grocery transportation.
    See section 13713 of this title.
      Section 10733, added Pub. L. 96-296, Sec. 32(a), July 1, 1980, 94
    Stat. 824, related to rates for transportation of recyclable
    materials.
      Section 10734, added Pub. L. 96-448, title II, Sec. 225(a), Oct.
    14, 1980, 94 Stat. 1930, related to car utilization. See section
    10722 of this title.
      Another prior section 10734 was renumbered section 10735 of this
    title.
      Section 10735, added Pub. L. 96-454, Sec. 4(a), Oct. 15, 1980, 94
    Stat. 2012, Sec. 10734; renumbered Sec. 10735, Pub. L. 98-554,
    title II, Sec. 227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended
    Pub. L. 103-272, Sec. 5(m)(23), July 5, 1994, 108 Stat. 1378,
    related to household goods rates, estimates, and guarantees of
    service. See section 13704 of this title.

-End-

-CITE-
    49 USC SUBCHAPTER III - LIMITATIONS                         01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
                       SUBCHAPTER III - LIMITATIONS                   

-End-

-CITE-
    49 USC Sec. 10741                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10741. Prohibitions against discrimination by rail carriers

-STATUTE-
      (a)(1) A rail carrier providing transportation or service subject
    to the jurisdiction of the Board under this part may not subject a
    person, place, port, or type of traffic to unreasonable
    discrimination.
      (2) For purposes of this section, a rail carrier engages in
    unreasonable discrimination when it charges or receives from a
    person a different compensation for a service rendered, or to be
    rendered, in transportation the rail carrier may perform under this
    part than it charges or receives from another person for performing
    a like and contemporaneous service in the transportation of a like
    kind of traffic under substantially similar circumstances.
      (b) This section shall not apply to - 
        (1) contracts described in section 10709 of this title;
        (2) rail rates applicable to different routes; or
        (3) discrimination against the traffic of another carrier
      providing transportation by any mode.

      (c) Differences between rates, classifications, rules, and
    practices of rail carriers do not constitute a violation of this
    section if such differences result from different services provided
    by rail carriers.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 819.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10741, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1390; Pub. L. 96-296, Sec. 33(d), July 1, 1980, 94 Stat. 825; Pub.
    L. 96-448, title II, Sec. 212, Oct. 14, 1980, 94 Stat. 1912; Pub.
    L. 99-521, Sec. 7(h), Oct. 22, 1986, 100 Stat. 2995, related to
    prohibitions against discrimination by common carriers, prior to
    the general amendment of this subtitle by Pub. L. 104-88, Sec.
    102(a). See sections 10741 and 15505 of this title.

-End-

-CITE-
    49 USC Sec. 10742                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10742. Facilities for interchange of traffic

-STATUTE-
      A rail carrier providing transportation subject to the
    jurisdiction of the Board under this part shall provide reasonable,
    proper, and equal facilities that are within its power to provide
    for the interchange of traffic between, and for the receiving,
    forwarding, and delivering of passengers and property to and from,
    its respective line and a connecting line of another rail carrier
    or of a water carrier providing transportation subject to chapter
    137.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 819.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 10742, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1391, related to facilities for interchange of traffic, prior to
    the general amendment of this subtitle by Pub. L. 104-88, Sec.
    102(a). See sections 10742 and 15506 of this title.

-End-

-CITE-
    49 USC Sec. 10743                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10743. Liability for payment of rates

-STATUTE-
      (a)(1) Liability for payment of rates for transportation for a
    shipment of property by a shipper or consignor to a consignee other
    than the shipper or consignor, is determined under this subsection
    when the transportation is provided by a rail carrier under this
    part. When the shipper or consignor instructs the rail carrier
    transporting the property to deliver it to a consignee that is an
    agent only, not having beneficial title to the property, the
    consignee is liable for rates billed at the time of delivery for
    which the consignee is otherwise liable, but not for additional
    rates that may be found to be due after delivery if the consignee
    gives written notice to the delivering carrier before delivery of
    the property - 
        (A) of the agency and absence of beneficial title; and
        (B) of the name and address of the beneficial owner of the
      property if it is reconsigned or diverted to a place other than
      the place specified in the original bill of lading.

      (2) When the consignee is liable only for rates billed at the
    time of delivery under paragraph (1) of this subsection, the
    shipper or consignor, or, if the property is reconsigned or
    diverted, the beneficial owner, is liable for those additional
    rates regardless of the bill of lading or contract under which the
    property was transported. The beneficial owner is liable for all
    rates when the property is reconsigned or diverted by an agent but
    is refused or abandoned at its ultimate destination if the agent
    gave the rail carrier in the reconsignment or diversion order a
    notice of agency and the name and address of the beneficial owner.
    A consignee giving the rail carrier, and a reconsignor or diverter
    giving a rail carrier, erroneous information about the identity of
    the beneficial owner of the property is liable for the additional
    rates.
      (b) Liability for payment of rates for transportation for a
    shipment of property by a shipper or consignor, named in the bill
    of lading as consignee, is determined under this subsection when
    the transportation is provided by a rail carrier under this part.
    When the shipper or consignor gives written notice, before delivery
    of the property, to the line-haul rail carrier that is to make
    ultimate delivery - 
        (1) to deliver the property to another party identified by the
      shipper or consignor as the beneficial owner of the property; and
        (2) that delivery is to be made to that party on payment of all
      applicable transportation rates;

    that party is liable for the rates billed at the time of delivery
    and for additional rates that may be found to be due after delivery
    if that party does not pay the rates required to be paid under
    paragraph (2) of this subsection on delivery. However, if the party
    gives written notice to the delivering rail carrier before delivery
    that the party is not the beneficial owner of the property and
    gives the rail carrier the name and address of the beneficial
    owner, then the party is not liable for those additional rates. A
    shipper, consignor, or party to whom delivery is made that gives
    the delivering rail carrier erroneous information about the
    identity of the beneficial owner, is liable for the additional
    rates regardless of the bill of lading or contract under which the
    property was transported. This subsection does not apply to a
    prepaid shipment of property.
      (c)(1) A rail carrier may bring an action to enforce liability
    under subsection (a) of this section. That rail carrier must bring
    the action during the period provided in section 11705(a) of this
    title or by the end of the 6th month after final judgment against
    it in an action against the consignee, or the beneficial owner
    named by the consignee or agent, under that section.
      (2) A rail carrier may bring an action to enforce liability under
    subsection (b) of this section. That carrier must bring the action
    during the period provided in section 11705(a) of this title or by
    the end of the 6th month after final judgment against it in an
    action against the shipper, consignor, or other party under that
    section.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 819.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10744 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      A prior section 10743, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1391; Pub. L. 99-521, Sec. 7(i), Oct. 22, 1986, 100 Stat. 2995,
    related to payment of rates, prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a). See section 13707 of this
    title.

-End-

-CITE-
    49 USC Sec. 10744                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10744. Continuous carriage of freight

-STATUTE-
      A rail carrier providing transportation or service subject to the
    jurisdiction of the Board under this part may not enter a
    combination or arrangement to prevent the carriage of freight from
    being continuous from the place of shipment to the place of
    destination whether by change of time schedule, carriage in
    different cars, or by other means. The carriage of freight by those
    rail carriers is considered to be a continuous carriage from the
    place of shipment to the place of destination when a break of bulk,
    stoppage, or interruption is not made in good faith for a necessary
    purpose, and with the intent of avoiding or unnecessarily
    interrupting the continuous carriage or of evading this part.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 821.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10745 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      A prior section 10744, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1391, related to liability for payment of rates, prior to the
    general amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
    See sections 10743 and 13706 of this title.

-End-

-CITE-
    49 USC Sec. 10745                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10745. Transportation services or facilities furnished by
      shipper

-STATUTE-
      A rail carrier providing transportation or service subject to the
    jurisdiction of the Board under this part may establish a charge or
    allowance for transportation or service for property when the owner
    of the property, directly or indirectly, furnishes a service
    related to or an instrumentality used in the transportation or
    service. The Board may prescribe the maximum reasonable charge or
    allowance a rail carrier subject to its jurisdiction may pay for a
    service or instrumentality furnished under this section. The Board
    may begin a proceeding under this section on its own initiative or
    on application.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 821.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10747 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      A prior section 10745, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1392, related to continuous carriage of freight, prior to the
    general amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
    See section 10744 of this title.

-End-

-CITE-
    49 USC Sec. 10746                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10746. Demurrage charges

-STATUTE-
      A rail carrier providing transportation subject to the
    jurisdiction of the Board under this part shall compute demurrage
    charges, and establish rules related to those charges, in a way
    that fulfills the national needs related to - 
        (1) freight car use and distribution; and
        (2) maintenance of an adequate supply of freight cars to be
      available for transportation of property.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 821.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10750 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      A prior section 10746, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.
    1393, related to transportation of commodities manufactured or
    produced by rail carrier, prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).

-End-

-CITE-
    49 USC Sec. 10747                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE IV - INTERSTATE TRANSPORTATION
    PART A - RAIL
    CHAPTER 107 - RATES
    SUBCHAPTER III - LIMITATIONS

-HEAD-
    Sec. 10747. Designation of certain routes by shippers

-STATUTE-
      (a)(1) When a person delivers property to a rail carrier for
    transportation subject to the jurisdiction of the Board under this
    part, the person may direct the rail carrier to transport the
    property over an established through route. When competing rail
    lines constitute a part of the route, the person shipping the
    property may designate the lines over which the property will be
    transported. The designation must be in writing. A rail carrier may
    be directed to transport property over a particular through route
    when - 
        (A) there are at least 2 through routes over which the property
      could be transported;
        (B) a through rate has been established for transportation over
      each of those through routes; and
        (C) the rail carrier is a party to those routes and rates.

      (2) A rail carrier directed to route property transported under
    paragraph (1) of this subsection must issue a through bill of
    lading containing the routing instructions and transport the
    property according to the instructions. When the property is
    delivered to a connecting rail carrier, that rail carrier must also
    receive and transport it according to the routing instructions and
    deliver it to the next succeeding rail carrier or consignee
    according to the instructions.
      (b) The Board may prescribe exceptions to the authority of a
    person to direct the movement of traffic under subsection (a) of
    this section.

-SOURCE-
    (Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109
    Stat. 821.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    section 10763 of this title prior to the general amendment of this
    subtitle by Pub. L. 104-88, Sec. 102(a).
      Prior sections 10747 to 10751, 10761 to 10767, and 10781 to 10786
    were omitted in the general amendment of this subtitle by Pub. L.
    104-88, Sec. 102(a).
      Section 10747, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1393,
    related to transportation services or facilities furnished by
    shippers. See section 10745 of this title.
      Section 10748, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1393,
    related to transportation of livestock by rail carrier.
      Section 10749, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1393; Pub.
    L. 96-296, Sec. 10(c), July 1, 1980, 94 Stat. 800; Pub. L. 97-468,
    title VI, Sec. 615(b)(3), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-
    216, Sec. 2(13), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99-521, Sec.
    7(j)(1), (2), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103-272, Sec.
    4(j)(24), July 5, 1994, 108 Stat. 1369, related to exchange of
    services and limitation on use of common carriers by household
    goods freight forwarders.
      Section 10750, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1394,
    related to demurrage charges. See section 10746 of this title.
      Section 10751, added Pub. L. 96-296, Sec. 33(a), July 1, 1980, 94
    Stat. 824; amended Pub. L. 96-448, title II, Sec. 215(a), Oct. 14,
    1980, 94 Stat. 1915; Pub. L. 103-272, Sec. 4(j)(25), July 5, 1994,
    108 Stat. 1369, related to business entertainment expenses. See
    section 14901 of this title.
      Section 10761, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1394; Pub.
    L. 96-296, Sec. 33(c), July 1, 1980, 94 Stat. 825; Pub. L. 103-311,
    title II, Sec. 206(b), Aug. 26, 1994, 108 Stat. 1684, related to
    prohibition of transportation without tariff. See section 13702 of
    this title.
      Section 10762, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1394; Pub.
    L. 96-296, Sec. 5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96-448,
    title II, Sec. 216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97-261,
    Sec. 12(b), Sept. 20, 1982, 96 Stat. 1113; Pub. L. 99-521, Sec.
    7(k), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103-180, Sec. 5, Dec.
    3, 1993, 107 Stat. 2050; Pub. L. 103-311, title II, Sec. 206(c)-
    (e), Aug. 26, 1994, 108 Stat. 1684, 1685, related to general
    tariff requirements. See sections 13702 and 13710 of this title.
      Section 10763, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1396,
    related to designation of certain routes by shippers or Interstate
    Commerce Commission. See section 10747 of this title.
      Section 10764, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1397,
    related to arrangements between carriers and required copies of
    arrangements to be filed with Commission.
      Section 10765, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1397,
    related to water transportation under arrangements with certain
    other carriers.
      Section 10766, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1398; Pub.
    L. 96-296, Sec. 10(d), July 1, 1980, 94 Stat. 801; Pub. L. 99-521,
    Sec. 7(l), Oct. 22, 1986, 100 Stat. 2995, related to freight
    forwarder traffic agreements.
      Section 10767, added Pub. L. 103-180, Sec. 7(a), Dec. 3, 1993,
    107 Stat. 2051, related to billing and collecting practices. See
    section 13708 of this title.
      Section 10781, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1398,
    related to investigations and reports by Commission on value of
    carrier property.
      Section 10782, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1399,
    related to requirements for establishing value.
      Section 10783, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1400,
    related to cooperation and assistance of carriers.
      Section 10784, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1400; Pub.
    L. 96-258, Sec. 1(8), June 3, 1980, 94 Stat. 426, related to
    revision of property valuations.
      Section 10785, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1401,
    related to finality of valuations, notices, protests, and review.
      Section 10786, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1401,
    related to applicability of sections 10781 to 10786 of this title.

-End-