49 U.S.C. § 10721 — Government traffic

Page 429 TITLE 49—TRANSPORTATION § 10721 in subsection (a) shall not be subject to the mandatory disclosure requirements of section 552 of title 5. (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 consid- ered 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 sec- tion 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 sec- tion, the Board may, on complaint, begin a pro- ceeding to review such contract on the grounds described in this subsection. (2)(A) A complaint may be filed under this sub- section— (i) by a shipper on the grounds that such shipper individually will be harmed because the proposed contract unduly impairs the abil- ity of the contracting rail carrier or carriers to meet their common carrier obligations to the complainant under section 11101 of this title; 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 agricul- tural commodities on the grounds that such shipper individually will be harmed because— (i) the rail carrier has unreasonably dis- criminated by refusing to enter into a con- tract 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 de- structive 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. (3)(A) Within 30 days after the date a pro- ceeding is commenced under paragraph (1) of this subsection, or within such shorter time pe- riod after such date as the Board may establish, the Board shall determine whether the contract that is the subject of such proceeding is in viola- tion 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 de- scribed 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. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 817; amended Pub. L. 104–287, § 5(24), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 114–110, § 11(d), Dec. 18, 2015, 129 Stat. 2234.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10713 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Prior sections 10709 to 10713 were omitted in the gen- eral amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 10709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–448, title II, § 202, Oct. 14, 1980, 94 Stat. 1900, related to determination of market dominance in rail carrier rate proceedings. See section 10707 of this title. Section 10710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383, related to elimination of discrimination against recyclable materials. Section 10711, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383, related to effect of former sections 10701(a), (b), 10707, 10709, 10727, and 10728 of this title on rail rates and practices. Section 10712, added Pub. L. 96–448, title II, § 206(a), Oct. 14, 1980, 94 Stat. 1906, related to inflation-based rate increases. Section 10713, added Pub. L. 96–448, title II, § 208(a), Oct. 14, 1980, 94 Stat. 1908; amended Pub. L. 97–468, title V, § 502, Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99–509, title IV, § 4051, Oct. 21, 1986, 100 Stat. 1910, related to con- tracts between rail carriers and purchasers of rail serv- ices. See section 10709 of this title. AMENDMENTS 2015—Subsec. (h). Pub. L. 114–110 struck out subsec. (h) which related to certain contracts for the transpor- tation of agricultural commodities. 1996—Subsec. (e). Pub. L. 104–287 substituted ‘‘October 1, 1980,’’ for ‘‘the effective date of the Staggers Rail Act of 1980’’. 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 II—SPECIAL CIRCUMSTANCES § 10721. Government traffic A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Gov- ernment can be obtained from a rail carrier law- fully operating in the area where the transpor- tation would be provided. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 819; amended Pub. L. 111–350, § 5(o)(4), Jan. 4, 2011, 124 Stat. 3853.) Editorial Notes PRIOR PROVISIONS A prior section 10721, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383; Pub. L. 96–454, § 10(b), Oct. 15, 1980, 94 Stat. 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-