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 in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10743 and 13706 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. § 10745. Transportation services or facilities fur- nished by shipper A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allow- ance for transportation or service for property when the owner of the property, directly or indi- rectly, furnishes a service related to or an in- strumentality 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. (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 in section 10747 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10745, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1392, related to continuous carriage of freight, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10744 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. § 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 ful- fills 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. (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 in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). 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. § 10747. Designation of certain routes by shippers (a)(1) When a person delivers property to a rail carrier for transportation subject to the juris- diction 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 writ- ing. 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; Page 433 TITLE 49—TRANSPORTATION § 10901 (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 sub- section must issue a through bill of lading con- taining 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 in- structions and deliver it to the next succeeding rail carrier or consignee according to the in- structions. (b) The Board may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section. (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 in section 10763 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Prior sections 10747 to 10751, 10761 to 10767, and 10781 to 10786 were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 10747, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation services or facilities fur- nished by shippers. See section 10745 of this title. Section 10748, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of livestock by rail car- rier. Section 10749, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393; Pub. L. 96–296, § 10(c), July 1, 1980, 94 Stat. 800; Pub. L. 97–468, title VI, § 615(b)(3), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98–216, § 2(13), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, § 7(j)(1), (2), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–272, § 4(j)(24), July 5, 1994, 108 Stat. 1369, related to exchange of services and limitation on use of common carriers by household goods freight forwarders. Section 10750, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394, related to demurrage charges. See section 10746 of this title. Section 10751, added Pub. L. 96–296, § 33(a), July 1, 1980, 94 Stat. 824; amended Pub. L. 96–448, title II, § 215(a), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, § 4(j)(25), July 5, 1994, 108 Stat. 1369, related to business entertainment expenses. See section 14901 of this title. Section 10761, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, § 33(c), July 1, 1980, 94 Stat. 825; Pub. L. 103–311, title II, § 206(b), Aug. 26, 1994, 108 Stat. 1684, related to prohibition of transportation without tariff. See section 13702 of this title. Section 10762, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, § 5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96–448, title II, § 216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97–261, § 12(b), Sept. 20, 1982, 96 Stat. 1113; Pub. L. 99–521, § 7(k), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–180, § 5, Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, § 206(c)–(e), Aug. 26, 1994, 108 Stat. 1684, 1685, related to general tariff requirements. See sections 13702 and 13710 of this title. Section 10763, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1396, related to designation of certain routes by ship- pers or Interstate Commerce Commission. See section 10747 of this title. Section 10764, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397, related to arrangements between carriers and re- quired copies of arrangements to be filed with Commis- sion. Section 10765, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397, related to water transportation under arrange- ments with certain other carriers. Section 10766, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1398; Pub. L. 96–296, § 10(d), July 1, 1980, 94 Stat. 801; Pub. L. 99–521, § 7(l), Oct. 22, 1986, 100 Stat. 2995, related to freight forwarder traffic agreements. Section 10767, added Pub. L. 103–180, § 7(a), Dec. 3, 1993, 107 Stat. 2051, related to billing and collecting prac- tices. See section 13708 of this title. Section 10781, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1398, related to investigations and reports by Commis- sion on value of carrier property. Section 10782, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1399, related to requirements for establishing value. Section 10783, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1400, related to cooperation and assistance of carriers. Section 10784, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1400; Pub. L. 96–258, § 1(8), June 3, 1980, 94 Stat. 426, re- lated to revision of property valuations. Section 10785, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401, related to finality of valuations, notices, protests, and review. Section 10786, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401, related to applicability of sections 10781 to 10786 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. CHAPTER 109—LICENSING Sec. 10901. Authorizing construction and operation of railroad lines. 10902. Short line purchases by Class II and Class III rail carriers. 10903. Filing and procedure for application to aban- don or discontinue. 10904. Offers of financial assistance to avoid aban- donment and discontinuance. 10905. Offering abandoned rail properties for sale for public purposes. 10906. Exception. 10907. Railroad development. 10908. Regulation of solid waste rail transfer facili- ties. 10909. Solid waste rail transfer facility land-use ex- emption. 10910. Effect on other statutes and authorities. Editorial Notes AMENDMENTS 2008—Pub. L. 110–432, div. A, title VI, §§ 603(b), 604(b), 605(b), Oct. 16, 2008, 122 Stat. 4903, 4905, added items 10908 to 10910. § 10901. Authorizing construction and operation of railroad lines (a) A person may— (1) construct an extension to any of its rail- road lines; (2) construct an additional railroad line; (3) provide transportation over, or by means of, an extended or additional railroad line; or (4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line, only if the Board issues a certificate authorizing such activity under subsection (c). (b) A proceeding to grant authority under sub- section (a) of this section begins when an appli- cation is filed. On receiving the application, the