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49 U.S.C. § 10709 — Contracts

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

49 U.S.C. § 10709 — Contracts

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Stable record: federal_law:legal_authorities:record_usc_e45f0f59e83194f372920462
Source file: Laws/federal/codes/united-states-code/title-49/section-10709-contracts--6d7df20798.md
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Source location: Title 49, Chapter 107, § 10709; chapter-107-rates.md

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**(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 subsection (a) shall not be subject to the mandatory disclosure requirements of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim). **(e)** Any lawful contract between a rail carrier and one or more purchasers of rail service that was in effect on October 1, 1980, shall be considered a contract authorized by this section. **(f)** A rail carrier that enters into a contract as authorized by this section remains subject to the common carrier obligation set forth in section 11101, with respect to rail transportation not provided under such a contract. **(g)** (1) No later than 30 days after the date of filing of a summary of a contract under this section, the Board may, on complaint, begin a proceeding to review such contract on the grounds described in this subsection. (2) (A) A complaint may be filed under this subsection— (i) by a shipper on the grounds that such shipper individually will be harmed because the proposed contract unduly impairs the ability of the contracting rail carrier or carriers to meet their common carrier obligations to the complainant under [section 11101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11101&num=0&edition=prelim); or (ii) by a port only on the grounds that such port individually will be harmed because the proposed contract will result in unreasonable discrimination against such port. (B) In addition to the grounds for a complaint described in subparagraph (A) of this paragraph, a complaint may be filed by a shipper of agricultural commodities on the grounds that such shipper individually will be harmed because— (i) the rail carrier has unreasonably discriminated by refusing to enter into a contract with such shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract at issue was offered; or (ii) the proposed contract constitutes a destructive competitive practice under this part. In making a determination under clause (ii) of this subparagraph, the Board shall consider the difference between contract rates and published single car rates. (C) For purposes of this paragraph, the term “unreasonable discrimination” has the same meaning as such term has under [section 10741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10741&num=0&edition=prelim). (3) (A) Within 30 days after the date a proceeding is commenced under paragraph (1) of this subsection, or within such shorter time period after such date as the Board may establish, the Board shall determine whether the contract that is the subject of such proceeding is in violation of this section. (B) If the Board determines, on the basis of a complaint filed under paragraph (2)(B)(i) of this subsection, that the grounds for a complaint described in such paragraph have been established with respect to a rail carrier, the Board shall, subject to the provisions of this section, order such rail carrier to provide rates and service substantially similar to the contract at issue with such differentials in terms and conditions as are justified by the evidence.

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

49 U.S.C. § 11101 — Common carrier transportation, service, and rates

**(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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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

49 U.S.C. § 10741 — Prohibitions against discrimination by rail carriers

**(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.

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

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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

49 U.S.C. § 10707 — Determination of market dominance in rail rate proceedings

**(a)** In this section, “market dominance” means an absence of effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies. **(b)** When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Board under this part is challenged as being unreasonably high, the Board shall determine whether the rail carrier proposing the rate has market dominance over the transportation to which the rate applies. The Board may make that determination on its own initiative or on complaint. A finding by the Board that the rail carrier does not have market dominance is determinative in a proceeding under this part related to that rate or transportation unless changed or set aside by the Board or set aside by a court of competent jurisdiction. **(c)** When the Board finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum. **(d)** (1) (A) In making a determination under this section, the Board shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-variable cost percentage for such transportation that is less than 180 percent. (B) For purposes of this section, variable costs for a rail carrier shall be determined only by using such carrier’s unadjusted costs, calculated using th

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

7 U.S.C. § 75 — Definitions

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

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

45 U.S.C. § 1207 — State operation

**(a) Laws, authorities, etc., applicable to State-owned railroad with status as rail carrier engaged in interstate and foreign commerce** (1) After the date of transfer to the State pursuant to [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim), the State-owned railroad shall be a rail carrier engaged in interstate and foreign commerce subject to part A of subtitle IV of title 49 and all other Acts applicable to rail carriers subject to that chapter,11 So in original. Probably should be “that part,”. including the antitrust laws of the United States, except, so long as it is an instrumentality of the State of Alaska, the Railroad Retirement Act of 1974 ([45 U.S.C. 231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231&num=0&edition=prelim) et seq.), the Railroad Retirement Tax Act ([26 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3201&num=0&edition=prelim) et seq.), the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.), the Act of April 22, 1908 ([45 U.S.C. 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51&num=0&edition=prelim) et seq.) (popularly referred to as the “Federal Employers’ Liability Act”), and the Railroad Unemployment Insurance Act ([45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.). Nothing in this chapter shall preclude the State from explicitly invoking by law any exemption from the antitrust laws as may otherwise be available. (2) The transfer to the State authorized by [section 1203 of this titl

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

49 U.S.C. § 11904 — Unlawful disclosure of information

**(a)** A— (1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or (2) person who solicits or knowingly receives, information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000. **(b)** The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under [section 10709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10709&num=0&edition=prelim), that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee. **(c)** This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part from giving information— (1) in response to legal process issued under authority of a court of the United States or a State; (2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or (3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business. **(d)** An employee of the Board delegated to make an inspection or examination under [section 11144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section111

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

49 U.S.C. § 10709 — Contracts

Page 428 TITLE 49—TRANSPORTATION § 10708 establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-vari- able cost percentage for such transportation that is less than 180 percent. (B) For purposes of this section, variable costs for a rail carrier shall be determined only by using such carrier’s unadjusted costs, calculated using the Uniform Rail Costing System cost finding methodology (or an alternative method- ology adopted by the Board in lieu thereof) and indexed quarterly to account for current wage and price levels in the region in which the car- rier operates, with adjustments specified by the Board. A rail carrier may meet its burden of proof under this subsection by establishing its variable costs in accordance with this para- graph, but a shipper may rebut that showing by evidence of such type, and in accordance with such burden of proof, as the Board shall pre- scribe. (2) A finding by the Board that a rate charged by a rail carrier results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than 180 percent does not establish a presumption that— (A) such rail carrier has or does not have market dominance over such transportation; or (B) the proposed rate exceeds or does not ex- ceed a reasonable maximum. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 815.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10709 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Prior sections 10707 and 10707a were omitted in the general amendm

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10709

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

7 U.S.C. § 75 — Definitions

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

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