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49 U.S.C. § 10705 — Authority: through routes, joint classifications, rates, and divisions prescribed by Board

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

49 U.S.C. § 10705 — Authority: through routes, joint classifications, rates, and divisions prescribed by Board

**(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)

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Source file: Laws/federal/codes/united-states-code/title-49/section-10705-authority-through-routes-joint-classifications-rates-and-divisions-presc--7ca281fc79.md
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Source location: Title 49, Chapter 107, § 10705; chapter-107-rates.md

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

49 U.S.C. § 10703 — Authority for rail carriers to establish through routes

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

49 U.S.C. § 10701 — Standards for rates, classifications, through routes, rules, and practices

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10707&num=0&edition=prelim), 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)

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10701

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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

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

11 U.S.C. § 1170 — Abandonment of railroad line

**(a)** The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is— (1) (A) in the best interest of the estate; or (B) essential to the formulation of a plan; and (2) consistent with the public interest. **(b)** If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application. **(c)** After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. **(d)** (1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final. (2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersede

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1170

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

49 U.S.C. § 10705 — Authority: through routes, joint classi-

Page 424 TITLE 49—TRANSPORTATION § 10704 § 10704. Authority and criteria: rates, classifica- tions, rules, and practices prescribed by Board (a)(1) When the Board, after a full hearing, de- cides that a rate charged or collected by a rail carrier for transportation subject to the juris- diction 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 pre- scribed under this subsection, the affected car- rier may not publish, charge, or collect a dif- ferent rate and shall adopt the classification and observe the rule or practice prescribed by the Board. (2) The Board shall maintain and revise as nec- essary standards and procedures for establishing revenue levels for rail carriers providing trans- portation subject to its jurisdiction under this part that are adequate, under honest, economi- cal, and efficient management, for the infra- structure and investment needed to meet the present and future demand for rail services and to cover total operating expenses, including de- preciation and obsolescence, plus a reasonable and economic profit or return (or both) on cap- ital employed in the business. The Board shall make an adequate and continuing effort to as- sist 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 depre- ciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed eq- uity capital, and

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10705

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