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

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, § 13(s), June 13, 1991, 105 Stat. 282; Pub. L. 102–240, title IV, § 4011, Dec. 18, 1991, 105 Stat. 2156, re- lated to transportation for charitable purposes. Section 10724, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1386, related to rates for emergency transportation. Section 10725, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 99–521, § 7(f), Oct. 22, 1986, 100 Stat. 2995, re- lated to special freight forwarder rates. Section 10726, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 96–448, title II, § 220, Oct. 14, 1980, 94 Stat. 1928, related to long and short haul transportation. A prior section 10727, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388, authorized the Interstate Commerce Com- mission to maintain standards and procedures to per- mit seasonal, regional, or peak-period demand rates and required the Commission to submit an annual re- port to Congress on implementation of those rates and recommendations for additional legislation needed to make it easier to establish those rates, prior to repeal by Pub. L. 96–448, title II, § 209, title VII, § 710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980. A prior section 10728, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388, related to separate rates for distinct rail services, prior to the general amendment of this sub- title by Pub. L. 104–88, § 102(a). A prior section 10729, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389, authorized rail carrier to establish rate, classification, rule, or practice requiring total capital investment of at least $1,000,000 to implement upon no- tice to Interstate Commerce Commission and oppor- tunity for Commission proceeding and final decision within 180 days after notice and provided that Commis- sion could not suspend or set aside any rate that be- came final for period of five years but could revise rate to level equal to variable costs of providing transpor- tation when Commission found level then in effect re- duced going concern of carrier, prior to repeal by Pub. L. 96–448, title II, § 210(a), title VII, § 710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980. Prior sections 10730 to 10735 were omitted in the gen- eral amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 10730, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96–296, § 12, July 1, 1980, 94 Stat. 802; Pub. L. 96–448, title II, § 211(a), (b), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, § 7(g), Oct. 22, 1986, 100 Stat. 2995, related to rates and liability based on value. Section 10731, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96–448, title II, § 204, Oct. 14, 1980, 94 Stat. 1905; Pub. L. 103–272, § 4(j)(23), July 5, 1994, 108 Stat. 1369, related to investigation of discriminatory rail rates for transportation of recyclable or recycled materials. Section 10732, added Pub. L. 96–296, § 8(a), July 1, 1980, 94 Stat. 798; amended Pub. L. 100–690, title IX, § 9113, Nov. 18, 1988, 102 Stat. 4535, related to food and grocery transportation. See section 13713 of this title. Section 10733, added Pub. L. 96–296, § 32(a), July 1, 1980, 94 Stat. 824, related to rates for transportation of recyclable materials. Section 10734, added Pub. L. 96–448, title II, § 225(a), Oct. 14, 1980, 94 Stat. 1930, related to car utilization. See section 10722 of this title. Another prior section 10734 was renumbered section 10735 of this title. Section 10735, added Pub. L. 96–454, § 4(a), Oct. 15, 1980, 94 Stat. 2012, § 10734; renumbered § 10735, Pub. L. 98–554, title II, § 227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended Pub. L. 103–272, § 5(m)(23), July 5, 1994, 108 Stat. 1378, re- lated to household goods rates, estimates, and guaran- tees of service. See section 13704 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. SUBCHAPTER III—LIMITATIONS § 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 re- ceives from another person for performing a like and contemporaneous service in the transpor- tation of a like kind of traffic under substan- tially similar circumstances. (b) This section shall not apply to— (1) contracts described in section 10709 of this title; (2) rail rates applicable to different routes; or (3) discrimination against the traffic of an- other carrier providing transportation by any mode. (c) Differences between rates, classifications, rules, and practices of rail carriers do not con- Page 431 TITLE 49—TRANSPORTATION § 10743 stitute a violation of this section if such dif- ferences result from different services provided by rail carriers. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.) Editorial Notes PRIOR PROVISIONS A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96–296, § 33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, § 212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, § 7(h), Oct. 22, 1986, 100 Stat. 2995, re- lated to prohibitions against discrimination by com- mon carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10741 and 15505 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. § 10742. Facilities for interchange of traffic A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall provide reasonable, proper, and equal fa- cilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of pas- sengers and property to and from, its respective line and a connecting line of another rail carrier or of a water carrier providing transportation subject to chapter 137. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819.) Editorial Notes PRIOR PROVISIONS A prior section 10742, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to facilities for interchange of traf- fic, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10742 and 15506 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. § 10743. Liability for payment of rates (a)(1) Liability for payment of rates for trans- portation for a shipment of property by a ship- per or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the ship- per or consignor instructs the rail carrier trans- porting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the con- signee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the de- livering carrier before delivery of the property— (A) of the agency and absence of beneficial title; and (B) of the name and address of the beneficial owner of the property if it is reconsigned or di- verted to a place other than the place specified in the original bill of lading. (2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those addi- tional rates regardless of the bill of lading or contract under which the property was trans- ported. The beneficial owner is liable for all rates when the property is reconsigned or di- verted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and ad- dress of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates. (b) Liability for payment of rates for transpor- tation for a shipment of property by a shipper or consignor, named in the bill of lading as con- signee, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or con- signor gives written notice, before delivery of the property, to the line-haul rail carrier that is to make ultimate delivery— (1) to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and (2) that delivery is to be made to that party on payment of all applicable transportation rates; that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under paragraph (2) of this subsection on deliv- ery. However, if the party gives written notice to the delivering rail carrier before delivery that the party is not the beneficial owner of the prop- erty and gives the rail carrier the name and ad- dress of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering rail carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regard- less of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of prop- erty. (c)(1) A rail carrier may bring an action to en- force liability under subsection (a) of this sec- tion. That rail carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section. (2) A rail carrier may bring an action to en- force liability under subsection (b) of this sec- tion. That carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the