Browse Arkansas Code titles and sections
49 U.S.C. § 10741 — Prohibitions against discrimination by rail carriers
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim);
(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: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10741
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d4d25e7d1518e4ccc5fbe9fdddd4edcea6f2dd03f51465410ee62766c196d8ea. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_61d66c6c0e118ec40fd02750
Source file: Laws/federal/codes/united-states-code/title-49/section-10741-prohibitions-against-discrimination-by-rail-carriers--51ebf33fc1.md
Pages: Not recorded – Not recorded
Passage SHA-256: b5c7bb716b1a833bb4416a1c03e20c8b2b1f44bccca042f641dbe811e7aa4fc9
Source location: Title 49, Chapter 107, § 10741; chapter-107-rates.md
Stored source content
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim);
(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
A pipeline carrier providing transportation or service subject to this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 15505
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 430
TITLE 49—TRANSPORTATION
§ 10722
2022; Pub. L. 103–272, § 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, § 102(a).
See sections 10721, 13712, and 15504 of this title.
AMENDMENTS
2011—Pub. L. 111–350 substituted ‘‘Section 6101(b) to
(d) of title 41’’ for ‘‘Section 3709 of the Revised Statutes
(41 U.S.C. 5)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
§ 10722. Car utilization
In order to encourage more efficient use of
freight cars, notwithstanding any other provi-
sion of this part, rail carriers shall be permitted
to establish premium charges for special serv-
ices or special levels of services not otherwise
applicable to the movement. The Board shall fa-
cilitate development of such charges so as to in-
crease the utilization of equipment.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 819.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 10734 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 10722 to 10726 were omitted in the gen-
eral amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 10722, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1384; Pub. L. 97–261, § 29(a), (b), Sept. 20, 1982, 96 Stat.
1128; Pub. L. 99–521, § 7(e), Oct. 22, 1986, 100 Stat. 2995, re-
lated to special passenger rates.
Section 10723, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1385; Pub. L. 97–261, § 29(c), Sept. 20, 1982, 96 Stat. 1128;
Pub. L. 102–54, §
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10741
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.