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49 U.S.C. § 10703 — Authority for rail carriers to establish through routes
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_00f4f436938a69aa7e1a5f32
Source file: Laws/federal/codes/united-states-code/title-49/section-10703-authority-for-rail-carriers-to-establish-through-routes--540c4f4a52.md
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Passage SHA-256: f42390e13a82d030179ef3b1cad0efa96472246b46c446d28488345c7ec98656
Source location: Title 49, Chapter 107, § 10703; chapter-107-rates.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part—
(1) is not necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim); and
(2) either—
(A) the transaction or service is of limited scope; or
(B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power.
**(b)** The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun.
**(c)** The Board may specify the period of time during which an exemption granted under this section is effective.
**(d)** The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10502
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10703&num=0&edition=prelim), or under a decision of the Board under subsection (a) of this section, does or will violate [section 10701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10701&num=0&edition=prelim).
**(c)
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10705
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Federal law — U.S. Code and appendices · legal_authorities
Page 423
TITLE 49—TRANSPORTATION
§ 10703
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 consider-
ation to—
(A) the amount of traffic which is trans-
ported 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 deter-
mine whether one commodity is paying an un-
reasonable share of the carrier’s overall reve-
nues,
recognizing the policy of this part that rail car-
riers shall earn adequate revenues, as estab-
lished by the Board under section 10704(a)(2) of
this title.
(3) The Board shall maintain 1 or more sim-
plified and expedited methods for determining
the reasonableness of challenged rates in those
cases in which a full stand-alone cost presen-
tation is too costly, given the value of the case.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 809; amended Pub. L. 104–287,
§ 5(22), Oct. 11, 1996, 110 Stat. 3390; Pub. L.
114–110, § 11(a), Dec. 18, 2015, 129 Stat. 2233.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 10701 and 10701a were omitted in the
general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 10701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1371; Pub. L. 96–296, § 13(a), July 1, 1980, 94 Stat. 803;
Pub. L. 96–448, title II, § 201(b)(1), (2), Oct. 14, 1980, 94
Stat. 1899, 1900; Pub. L. 97–261, § 9(a), Sept. 20, 1982, 96
Stat. 1109; Pub. L. 103–180, § 2(a), (b), (g), Dec.
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10703
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.