49 U.S.C. § 10701 — Untitled legal text

Page 422 TITLE 49—TRANSPORTATION § 10701 Section 10523, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362; Pub. L. 99–521, § 6(b), Oct. 22, 1986, 100 Stat. 2994, re- lated to exempt motor vehicle transportation in ter- minal areas. See section 13503 of this title. Section 10524, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–296, § 9, July 1, 1980, 94 Stat. 798, related to Commission jurisdiction over transportation fur- thering a primary business. See section 13505 of this title. Section 10525, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–258, § 1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97–261, § 30, Sept. 20, 1982, 96 Stat. 1128, related to ex- empt motor carrier transportation entirely in one State. See section 13504 of this title. Section 10526, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96–258, § 1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §§ 7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96–454, § 11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97–261, § 14(d), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97–377, § 152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97–449, § 5(g)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–216, § 2(8), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–554, title II, § 227(c), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, § 4(j)(17), July 5, 1994, 108 Stat. 1369, related to miscellaneous motor carrier transportation exemptions. See section 13506 of this title. Section 10527, added Pub. L. 96–296, § 16(a), July 1, 1980, 94 Stat. 810; amended Pub. L. 103–272, § 5(m)(16), July 5, 1994, 108 Stat. 1377, related to written contracts pertaining to certain interstate movements by motor vehicle. Section 10528, added Pub. L. 96–296, § 21(b)(1), July 1, 1980, 94 Stat. 812; amended Pub. L. 96–454, § 11(b), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 103–272, § 5(m)(17), July 5, 1994, 108 Stat. 1377, related to mixed loads of regulated and unregulated property. See section 13507 of this title. Section 10529, added Pub. L. 96–296, § 24(b)(1), July 1, 1980, 94 Stat. 814; amended Pub. L. 103–272, § 5(m)(18), July 5, 1994, 108 Stat. 1377, related to authority of Com- mission over cooperative associations. See section 13508 of this title. Section 10530, added Pub. L. 98–554, title II, § 226(a)(1), Oct. 30, 1984, 98 Stat. 2848; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title IX, § 9111(a)–(f), Nov. 18, 1988, 102 Stat. 4531–4533; Pub. L. 103–272, § 4(j)(18), (o), July 5, 1994, 108 Stat. 1369, 1371, re- lated to certificates of registration for certain foreign carriers. See section 13902 of this title. Section 10531, added Pub. L. 103–272, § 3(1), July 5, 1994, 108 Stat. 1360, related to mass transportation exemp- tion from Commission jurisdiction. Section 10541, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1365, related to jurisdiction of Commission over trans- portation by water carriers. See section 13521 of this title. Section 10542, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1366; Pub. L. 98–89, § 3(b), Aug. 26, 1983, 97 Stat. 599; Pub. L. 98–216, § 2(9), (10), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(19), July 5, 1994, 108 Stat. 1377, related to exemption of transportation by water carriers of com- modities in bulk from Commission jurisdiction. Section 10543, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1367, related to exemption of certain incidental water transportation from jurisdiction of Commission. Section 10544, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1368; Pub. L. 96–258, § 1(6), June 3, 1980, 94 Stat. 425; Pub. L. 97–449, § 5(g)(2), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, § 2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(19), July 5, 1994, 108 Stat. 1377, related to exemp- tion of certain miscellaneous water carrier transpor- tation from Commission jurisdiction. Section 10561, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 99–521, § 6(c), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, § 5(m)(20), July 5, 1994, 108 Stat. 1377, re- lated to jurisdiction of Commission over services of household goods freight forwarders. See section 13531 of this title. A prior section 10562, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 97–449, § 5(g)(3), Jan. 12, 1983, 96 Stat. 2443, related to exempt freight forwarder service, prior to repeal by Pub. L. 99–521, §§ 6(d)(1), 15, Oct. 22, 1986, 100 Stat. 2994, 2999, effective 60 days after Oct. 22, 1986. 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 107—RATES SUBCHAPTER I—GENERAL AUTHORITY Sec. 10701. Standards for rates, classifications, through routes, rules, and practices. 10702. Authority for rail carriers to establish rates, classifications, rules, and practices. 10703. Authority for rail carriers to establish through routes. 10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Board. 10705. Authority: through routes, joint classifica- tions, rates, and divisions prescribed by Board. 10706. Rate agreements: exemption from antitrust laws. 10707. Determination of market dominance in rail rate proceedings. 10708. Rail cost adjustment factor. 10709. Contracts. SUBCHAPTER II—SPECIAL CIRCUMSTANCES 10721. Government traffic. 10722. Car utilization. SUBCHAPTER III—LIMITATIONS 10741. Prohibitions against discrimination by rail carriers. 10742. Facilities for interchange of traffic. 10743. Liability for payment of rates. 10744. Continuous carriage of freight. 10745. Transportation services or facilities furnished by shipper. 10746. Demurrage charges. 10747. Designation of certain routes by shippers. SUBCHAPTER I—GENERAL AUTHORITY § 10701. Standards for rates, classifications, through routes, rules, and practices (a) A through route established by a rail car- rier must be reasonable. Divisions of joint rates by rail carriers must be made without unreason- able discrimination against a participating car- rier and must be reasonable. (b) A rail carrier providing transportation sub- ject 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 discrimi- nate against that line in the distribution of traf- fic 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 pro- vision of this part, a rail carrier providing trans- portation 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, that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by Page 423 TITLE 49—TRANSPORTATION § 10703 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 consider- ation to— (A) the amount of traffic which is trans- ported 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) the carrier’s mix of rail traffic to deter- mine whether one commodity is paying an un- reasonable share of the carrier’s overall reve- nues, recognizing the policy of this part that rail car- riers shall earn adequate revenues, as estab- lished by the Board under section 10704(a)(2) of this title. (3) The Board shall maintain 1 or more sim- plified and expedited methods for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presen- tation is too costly, given the value of the case. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 809; amended Pub. L. 104–287, § 5(22), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 114–110, § 11(a), Dec. 18, 2015, 129 Stat. 2233.) Editorial Notes PRIOR PROVISIONS Prior sections 10701 and 10701a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 10701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1371; Pub. L. 96–296, § 13(a), July 1, 1980, 94 Stat. 803; Pub. L. 96–448, title II, § 201(b)(1), (2), Oct. 14, 1980, 94 Stat. 1899, 1900; Pub. L. 97–261, § 9(a), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 103–180, § 2(a), (b), (g), Dec. 3, 1993, 107 Stat. 2044, 2047, 2049, related to standards for rates, classifications, through routes, rules, and practices. See sections 10701, 13701, 13709, and 15501 of this title. Section 10701a, added Pub. L. 96–448, title II, § 201(a), Oct. 14, 1980, 94 Stat. 1898; amended Pub. L. 103–272, § 4(j)(19), July 5, 1994, 108 Stat. 1369, related to standards for rates for rail carriers. See section 10701 of this title. AMENDMENTS 2015—Subsec. (d)(3). Pub. L. 114–110 amended par. (3) generally. Prior to amendment, text read as follows: ‘‘The Board shall, within one year after January 1, 1996, complete the pending Interstate Commerce Commis- sion non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.’’ 1996—Subsec. (d)(3). Pub. L. 104–287 substituted ‘‘Jan- uary 1, 1996’’ for ‘‘the effective date of this paragraph’’. 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. ABOLITION OF INTERSTATE COMMERCE COMMISSION Interstate Commerce Commission abolished by sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 10702. Authority for rail carriers to establish rates, classifications, rules, and practices A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall establish reasonable— (1) rates, to the extent required by section 10707, divisions of joint rates, and classifica- tions for transportation and service it may provide under this part; and (2) rules and practices on matters related to that transportation or service. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810.) Editorial Notes PRIOR PROVISIONS A prior section 10702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 103–180, § 6(a), Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, § 206(a), Aug. 26, 1994, 108 Stat. 1684, related to authority for carriers to establish rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10702 and 15502 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. § 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 phys- ical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classi- fications 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 enti- tled to compensation for services related to the through route. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810.) Editorial Notes PRIOR PROVISIONS A prior section 10703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 96–296, § 22(a), (h), July 1, 1980, 94 Stat. 812, 814; Pub. L. 97–449, § 5(g)(5), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, § 2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, § 7(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, § 5(m)(21), July 5, 1994, 108 Stat. 1377, related to authority for carriers to establish through routes, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10703 and 13705 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.