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49 U.S.C. § 11101 — Common carrier transportation, service, and rates
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request. A rail carrier shall not be found to have violated this section because it fulfills its reasonable commitments under contracts authorized under [section 10709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim) before responding to reasonable requests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not reasonable.
**(b)** A rail carrier shall also provide to any person, on request, the carrier’s rates and other service terms. The response by a rail carrier to a request for the carrier’s rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
**(c)** A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
**(d)** With respect to transportation of agricultural products, in addition to the requirements of subsections (a), (b), and (c), a rail carrier shall publish, make available, and retain for public inspection its common carrier rates, schedules of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of th
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Source file: Laws/federal/codes/united-states-code/title-49/section-11101-common-carrier-transportation-service-and-rates--5adcc14df8.md
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Source location: Title 49, Chapter 111, § 11101; chapter-111-operations.md
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**(a)** A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request. A rail carrier shall not be found to have violated this section because it fulfills its reasonable commitments under contracts authorized under [section 10709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim) before responding to reasonable requests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not reasonable.
**(b)** A rail carrier shall also provide to any person, on request, the carrier’s rates and other service terms. The response by a rail carrier to a request for the carrier’s rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
**(c)** A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
**(d)** With respect to transportation of agricultural products, in addition to the requirements of subsections (a), (b), and (c), a rail carrier shall publish, make available, and retain for public inspection its common carrier rates, schedules of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of this subsection, agricultural products shall include grain as defined in section 3 of the United States Grain Standards Act ([7 U.S.C. 75](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section75&num=0&edition=prelim)) and all products thereof, and fertilizer.
**(e)** A rail carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b), (c), or (d).
**(f)** The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
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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
When used in this chapter, except where the context requires otherwise—
**(a)** the term “Secretary” means the Secretary of Agriculture of the United States or delegates of the Secretary;
**(b)** the term “Department of Agriculture” means the United States Department of Agriculture;
**(c)** the term “person” means any individual, partnership, corporation, association, or other business entity;
**(d)** the term “United States” means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);
**(e)** the term “State” means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia);
**(f)** the term “interstate or foreign commerce” means commerce from any State to or through any other State, or to or through any foreign country;
**(g)** the term “grain” means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under [section 76 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section76&num=0&edition=prelim);
**(h)** the term “export grain” means grain for shipment from the United States to any place outside thereof;
**(i)** the term “official inspection” means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 75
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section75&num=0&edition=prelim)) 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 s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10709
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Federal law — U.S. Code and appendices · legal_authorities
**(a) On Reasonable Request.—** A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.
**(b) Contracts With Shippers.—**
(1) **In general.—** — A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.
(2) **Remedy for breach of contract.—** — The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Service on Reasonable Request.—** A pipeline carrier providing transportation or service under this part shall provide the transportation or service on reasonable request.
**(b) Rates and Other Terms.—** A pipeline carrier shall also provide to any person, on request, the carrier’s rates and other service terms. The response by a pipeline carrier to a request for the carrier’s rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
**(c) Limitation on Rate Increases and Changes to Service Terms.—** A pipeline carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
**(d) Provision of Service.—** A pipeline carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b) or (c).
**(e) Regulations.—** The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. The regulations may modify the 20-day period specified in subsection (c). Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15701
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Federal law — U.S. Code and appendices · legal_authorities
Page 442
TITLE 49—TRANSPORTATION
§ 10910
waste, a solid waste rail transfer facility, or a
rail carrier that owns or operates such a facil-
ity; and
(7) any other relevant factors, as determined
by the Board.
(e) EXISTING FACILITIES.—Upon the granting of
a petition from the State in which a solid waste
rail transfer facility is operating as of the date
of enactment of the Clean Railroads Act of 2008
by the Board, the facility shall submit a com-
plete application for a siting permit to the
Board pursuant to the procedures issued pursu-
ant to subsection (b). No State may enforce a
law, regulation, order, or other requirement af-
fecting the siting of a facility that is operating
as of the date of enactment of the Clean Rail-
roads Act of 2008 until the Board has approved or
denied a permit pursuant to subsection (c).
(f) EFFECT
OF LAND-USE EXEMPTION.—If the
Board grants a land-use exemption to a solid
waste rail transfer facility, all State laws, regu-
lations, orders, or other requirements affecting
the siting of a facility are preempted with re-
gard to that facility. An exemption may require
compliance with such State laws, regulations,
orders, or other requirements.
(g) INJUNCTIVE RELIEF.—Nothing in this sec-
tion precludes a person from seeking an injunc-
tion to enjoin a solid waste rail transfer facility
from being constructed or operated by or on be-
half of a rail carrier if that facility has materi-
ally violated, or will materially violate, its
land-use exemption or if it failed to receive a
valid land-use exemption under this section.
(h) FEES.—The Board may charge permit ap-
plicants reasonable fees to implement this sec-
tion, including the costs of third-party consult-
ants.
(i) DEFINITIONS.—In this section the terms
‘‘solid waste’
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11101
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 165
TITLE 7—AGRICULTURE
§ 75
1940—Act July 18, 1940, inserted ‘‘soybeans,’’ after
‘‘flaxseed,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 94–582, § 27, Oct. 21, 1976, 90 Stat. 2889, as
amended by Pub. L. 95–113, title XVI, §§ 1602(d), 1605(b),
1607(b), 1608, Sept. 29, 1977, 91 Stat. 1025, 1030, 1031; Pub.
L. 106–472, title I, § 110(c), Nov. 9, 2000, 114 Stat. 2061,
provided that: ‘‘This Act [see Short Title of 1976
Amendment note set out under section 71 of this title]
shall become effective thirty days after enactment
hereof [Oct. 21, 1976].
EFFECTIVE DATE OF 1968 AMENDMENT
For effective date of amendment by Pub. L. 90–487,
see section 2 of Pub. L. 90–487, set out as a note under
section 78 of this title.
§ 75. Definitions
When used in this chapter, except where the
context requires otherwise—
(a) the term ‘‘Secretary’’ means the Sec-
retary of Agriculture of the United States or
delegates of the Secretary;
(b) the term ‘‘Department of Agriculture’’
means the United States Department of Agri-
culture;
(c) the term ‘‘person’’ means any individual,
partnership, corporation, association, or other
business entity;
(d) the term ‘‘United States’’ means the
States (including Puerto Rico) and the terri-
tories and possessions of the United States (in-
cluding the District of Columbia);
(e) the term ‘‘State’’ means any one of the
States (including Puerto Rico) or territories
or possessions of the United States (including
the District of Columbia);
(f) the term ‘‘interstate or foreign com-
merce’’ means commerce from any State to or
through any other State, or to or through any
foreign country;
(g) the term ‘‘grain’’ means corn, wheat, rye,
oats, barley, flaxseed, sorghum, soybeans,
mixed grain, and
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 75
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