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49 U.S.C. § 10747 — Designation of certain routes by shippers

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10747 — Designation of certain routes by shippers

**(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.

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Stable record: federal_law:legal_authorities:record_usc_7b7924232b75531721623e4e
Source file: Laws/federal/codes/united-states-code/title-49/section-10747-designation-of-certain-routes-by-shippers--2f5da6358e.md
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Source location: Title 49, Chapter 107, § 10747; chapter-107-rates.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10746 — Demurrage charges

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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10745 — Transportation services or facilities furnished by shipper

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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(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

49 U.S.C. § 13708 — Billing and collecting practices

**(a) Disclosure.—** A motor carrier subject to jurisdiction under subchapter I of chapter 135 shall disclose, when a document is presented or electronically transmitted for payment to the person responsible directly to the motor carrier for payment or agent of such responsible person, the actual rates, charges, or allowances for any transportation service and shall also disclose, at such time, whether and to whom any allowance or reduction in charges is made. **(b) False or Misleading Information.—** No person may cause a motor carrier to present false or misleading information on a document about the actual rate, charge, or allowance to any party to the transaction. **(c) Allowances for Services.—** When the actual rate, charge, or allowance is dependent upon the performance of a service by a party to the transportation arrangement, such as tendering a volume of freight over a stated period of time, the motor carrier shall indicate in any document presented for payment to the person responsible directly to the motor carrier that a reduction, allowance, or other adjustment may apply.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13708

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 14901 — General civil penalties

**(a) Reporting and Recordkeeping.—** A person required to make a report to the Secretary or the Board, answer a question, or make, prepare, or preserve a record under this part concerning transportation subject to jurisdiction under subchapter I or III of chapter 135 or transportation by a foreign carrier registered under section 13902, or an officer, agent, or employee of that person that— (1) does not make the report; (2) does not specifically, completely, and truthfully answer the question; (3) does not make, prepare, or preserve the record in the form and manner prescribed; (4) does not comply with section 13901; or (5) does not comply with section 13902(c); is liable to the United States for a civil penalty of not less than $1,000 for each violation and for each additional day the violation continues; except that, in the case of a person or an officer, agent, or employee of such person, that does not comply with section 13901 or [section 13902(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13902/c&num=0&edition=prelim), the amount of the civil penalty shall not be less than $10,000 for each violation, or $25,000 for each violation relating to providing transportation of passengers. **(b) Transportation of Hazardous Wastes.—** A person subject to jurisdiction under subchapter I of chapter 135, or an officer, agent, or employee of that person, and who is required to comply with [section 13901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13901&num=0&edition=prelim) but does not so comply with respect to the transportation of hazardous wastes as defined by the Environmental Protection Agency pursuant to section 3001 of the Solid Waste Disposal Act (but not including any

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 14901

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13702 — Tariff requirement for certain transportation

**(a) In General.—** Except when providing transportation for charitable purposes without charge, a carrier subject to jurisdiction under chapter 135 may provide transportation or service that is— (1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or (2) for movement of household goods; only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. A rate contained in a tariff shall be stated in money of the United States. **(b) Tariff Requirements for Noncontiguous Domestic Trade.—** (1) **Filing.—** — A carrier providing transportation or service described in subsection (a)(1) shall publish and file with the Board tariffs containing the rates established for such transportation or service. The carriers shall keep such tariffs available for public inspection. The Board shall prescribe the form and manner of publishing, filing, and keeping tariffs available for public inspection under this subsection. (2) **Contents.—** — The Board may prescribe any specific information and charges to be identified in a tariff, but at a minimum tariffs must identify plainly— (A) the carriers that are parties to it; (B) the places between which property will be transported; (C) terminal charges if a carrier provides transportation or service subject to jurisdiction under subchapter III of chapter 135; (D) privil

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13702

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10747 — Designation of certain routes by shippers

Page 432 TITLE 49—TRANSPORTATION § 10744 shipper, consignor, or other party under that section. (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 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10743, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391; Pub. L. 99–521, § 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, § 102(a). See section 13707 of this title. 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. § 10744. Continuous carriage of freight 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 ship- ment 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 con- tinuous 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 in- tent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 821.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10747

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