QAb USCODE 2009 title49 subtitleIV.pdf

Page 285 TITLE 49—TRANSPORTATION § 10101 sums as may be necessary to carry out sections 6103, 6104, and 6105 for fiscal years 2007 through 2010.

(c) GENERAL REVENUE FUNDING.—Any sums ap-propriated under this section shall be derived from general revenues and may not be derived from amounts collected under section 60301 of this title.

(Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 482; amended Pub. L. 107–355, § 2(d), Dec. 17, 2002, 116 Stat. 2986; Pub. L. 109–468, § 18(d), Dec. 29, 2006, 120 Stat. 3498.)

AMENDMENTS

2006—Subsecs. (a), (b). Pub. L. 109–468 substituted

‘‘fiscal years 2007 through 2010’’ for ‘‘fiscal years 2003 through 2006’’.

2002—Subsec. (a). Pub. L. 107–355, § 2(d)(1), substituted

‘‘$1,000,000 for each of fiscal years 2003 through 2006’’ for

‘‘$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001’’ in first sentence.

Subsec. (b). Pub. L. 107–355, § 2(d)(2), substituted ‘‘for fiscal years 2003 through 2006’’ for ‘‘for fiscal years 1999, 2000, and 2001’’.

§ 6108. Relationship to State laws

Nothing in this chapter preempts State law or shall impose a new requirement on any State or mandate revisions to a one-call system.

(Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 482.)

§ 6109. Public education and awareness

(a) GRANT AUTHORITY.—The Secretary shall make a grant to an appropriate entity for pro-moting public education and awareness with re-spect to the 811 national excavation damage pre-vention phone number.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Sec-retary $1,000,000 for the period beginning October 1, 2006, and ending September 30, 2008, to carry out this section.

(Added Pub. L. 109–468, § 3(a), Dec. 29, 2006, 120 Stat. 3489.)

SUBTITLE IV—INTERSTATE

TRANSPORTATION

PART A—RAIL

Chapter Sec.

101. GENERAL PROVISIONS

105. JURISDICTION

107. RATES

109. LICENSING

111. OPERATIONS

113. FINANCE

115. FEDERAL-STATE RELATIONS

117. ENFORCEMENT: INVESTIGA-

TIONS, RIGHTS, AND REM-

EDIES

119. CIVIL AND CRIMINAL PEN-

ALTIES

PART B—MOTOR CARRIERS, WATER CARRIERS,

BROKERS, AND FREIGHT FORWARDERS

Chapter Sec.

131. GENERAL PROVISIONS

133. ADMINISTRATIVE PROVISIONS ... 13301

135. JURISDICTION

Chapter Sec.

137. RATES AND THROUGH ROUTES .. 13701

139. REGISTRATION

141. OPERATIONS OF CARRIERS

143. FINANCE

145. FEDERAL-STATE RELATIONS

147. ENFORCEMENT; INVESTIGA-

TIONS; RIGHTS; REMEDIES

149. CIVIL AND CRIMINAL PEN-

ALTIES

PART C—PIPELINE CARRIERS

Chapter Sec.

151. GENERAL PROVISIONS

153. JURISDICTION

155. RATES

157. OPERATIONS OF CARRIERS

159. ENFORCEMENT: INVESTIGA-

TIONS, RIGHTS, AND REM-

EDIES

161. CIVIL AND CRIMINAL PEN-

ALTIES

PRIOR PROVISIONS

A prior subtitle IV, consisting of chapters 101 to 119, related to interstate commerce, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

AMENDMENTS

1997—Pub. L. 105–102, § 2(5), Nov. 20, 1997, 111 Stat.

2204, struck out ‘‘AND TARIFFS’’ after ‘‘RATES’’ in item for chapter 155.

PART A—RAIL

CHAPTER 101—GENERAL PROVISIONS

Sec.

10101. Rail transportation policy.

10102. Definitions.

§ 10101. Rail transportation policy

In regulating the railroad industry, it is the policy of the United States Government—

(1) to allow, to the maximum extent pos-sible, competition and the demand for services to establish reasonable rates for transpor-tation by rail;

(2) to minimize the need for Federal regu-latory control over the rail transportation system and to require fair and expeditious reg-ulatory decisions when regulation is required;

(3) to promote a safe and efficient rail trans-portation system by allowing rail carriers to earn adequate revenues, as determined by the Board;

(4) to ensure the development and continu-ation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;

(5) to foster sound economic conditions in transportation and to ensure effective com-petition and coordination between rail car-riers and other modes;

(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;

(7) to reduce regulatory barriers to entry into and exit from the industry;

(8) to operate transportation facilities and equipment without detriment to the public health and safety;

Page 286 TITLE 49—TRANSPORTATION § 10102

(9) to encourage honest and efficient man-agement of railroads;

(10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;

(11) to encourage fair wages and safe and suitable working conditions in the railroad in-dustry;

(12) to prohibit predatory pricing and prac-tices, to avoid undue concentrations of market power, and to prohibit unlawful discrimina-tion;

(13) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information;

(14) to encourage and promote energy con-servation; and

(15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part.

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 805.)

PRIOR PROVISIONS

Prior sections 10101 and 10101a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1337; Pub. L. 96–296, § 4, July 1, 1980, 94 Stat. 793; Pub. L.

96–448, title I, § 101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L.

97–261, § 5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103–311, title II, § 204, Aug. 26, 1994, 108 Stat. 1683, related to transportation policy. See sections 13101 and 15101 of this title.

Section 10101a, added Pub. L. 96–448, title I, § 101(a), Oct. 14, 1980, 94 Stat. 1897, related to rail transportation policy.

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L.

104–88, set out as a note under section 701 of this title.

SHORT TITLE OF 2008 AMENDMENT

Pub. L. 110–432, div. A, title VI, § 601, Oct. 16, 2008, 122

Stat. 4900, provided that: ‘‘This title [enacting sections

10908 to 10910 of this title and amending section 10501 of this title] may be cited as the ‘Clean Railroads Act of

2008’.’’

Pub. L. 110–291, § 1, July 30, 2008, 122 Stat. 2915, pro-vided that: ‘‘This Act [amending sections 13102, 13902, and 13905 of this title and enacting provisions set out as notes under section 13902 of this title] may be cited as the ‘Over-the-Road Bus Transportation Accessibility

Act of 2007’.’’

SHORT TITLE OF 2005 AMENDMENT

Pub. L. 109–59, title IV, § 4201, Aug. 10, 2005, 119 Stat.

1751, provided that: ‘‘This subtitle [subtitle B

(§§ 4201–4216) of title IV of Pub. L. 109–59, enacting sec-tions 14710, 14711, and 14915 of this title, amending sec-tions 13102, 13707, 13902, 14104, 14501, 14706, 14708, and

14901 of this title, and enacting provisions set out as notes under sections 13102, 14701, 14706, and 14710 of this title] may be cited as the ‘Household Goods Mover

Oversight Enforcement and Reform Act of 2005’[.]’’

Pub. L. 109–59, title IV, § 4301, Aug. 10, 2005, 119 Stat.

1761, provided that: ‘‘This subtitle [subtitle C

(§§ 4301–4308) of title IV of Pub. L. 109–59, enacting sec-tions 14504a and 14506 of this title, amending sections

13902, 13905, 13906, 13908, 31102, and 31103 of this title, re-pealing section 14504 of this title, and enacting provi-sions set out as notes under sections 13902 and 14504 of this title] may be cited as the ‘Unified Carrier Reg-istration Act of 2005’.’’

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107–298, § 1, Nov. 26, 2002, 116 Stat. 2342, pro-vided that: ‘‘This Act [amending sections 13102, 13506, 14501, and 31138 of this title] may be cited as the ‘Real

Interstate Driver Equity Act of 2002’.’’

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99–521, § 1, Oct. 22, 1986, 100 Stat. 2993, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Surface Freight Forwarder Deregulation

Act of 1986’.’’

SHORT TITLE OF 1982 AMENDMENT

Section 1 of Pub. L. 97–261 provided: ‘‘That this Act

[see Tables for classification] may be cited as the ‘Bus

Regulatory Reform Act of 1982’.’’

SHORT TITLE OF 1980 AMENDMENTS

Pub. L. 96–454, § 1, Oct. 15, 1980, 94 Stat. 2011, provided:

‘‘That this Act [see Tables for classification] may be cited as the ‘Household Goods Transportation Act of

1980’.’’ Section 1 of Pub. L. 96–448 provided that: ‘‘This Act

[see Tables for classification] may be cited as the

‘Staggers Rail Act of 1980’.’’ Section 1 of Pub. L. 96–296 provided: ‘‘That this Act

[see Tables for classification] may be cited as the

‘Motor Carrier Act of 1980’.’’

§ 10102. Definitions

In this part—

(1) ‘‘Board’’ means the Surface Transpor-tation Board;

(2) ‘‘car service’’ includes (A) the use, con-trol, supply, movement, distribution, ex-change, interchange, and return of loco-motives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier;

(3) ‘‘control’’, when referring to a relation-ship between persons, includes actual control, legal control, and the power to exercise con-trol, through or by (A) common directors, offi-cers, stockholders, a voting trust, or a holding or investment company, or (B) any other means;

(4) ‘‘person’’, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person;

(5) ‘‘rail carrier’’ means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation;

(6) ‘‘railroad’’ includes—

(A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connec-tion with a railroad;

(B) the road used by a rail carrier and owned by it or operated under an agreement;

and

(C) a switch, spur, track, terminal, termi-nal facility, and a freight depot, yard, and ground, used or necessary for transpor-tation;

(7) ‘‘rate’’ means a rate or charge for trans-portation;

Page 287 TITLE 49—TRANSPORTATION § 10102

(8) ‘‘State’’ means a State of the United States and the District of Columbia;

(9) ‘‘transportation’’ includes—

(A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of pas-sengers or property, or both, by rail, regard-less of ownership or an agreement concern-ing use; and

(B) services related to that movement, in-cluding receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of pas-sengers and property; and

(10) ‘‘United States’’ means the States of the United States and the District of Columbia.

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 806.)

PRIOR PROVISIONS

Prior sections 10102 and 10103 were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1338; Pub. L. 96–296, § 10(a)(1), July 1, 1980, 94 Stat. 799;

Pub. L. 96–454, § 3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L.

97–261, § 6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L.

99–521, § 4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103–272, § 5(m)(13), July 5, 1994, 108 Stat. 1377; Pub. L. 103–311, title II, §§ 205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms used in this subtitle. See sections 10102, 13102, and 15102 of this title.

Section 10103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1340; Pub. L. 96–448, title II, § 214(c)(2), Oct. 14, 1980, 94

Stat. 1915, provided that the remedies under this sub-title were cumulative. See sections 10501, 13103, and

15103 of this title.

A prior chapter 103, consisting of sections 10301 to

10311, 10321, 10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to 10364, and 10381 to 10388, was omitted in the gen-eral amendment of this subtitle by Pub. L. 104–88, § 102(a). See chapter 7 of this title.

Section 10301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1341; Pub. L. 97–253, title V, § 502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806, related to organization, membership, administration, seal, and expenses of Interstate Com-merce Commission.

Section 10302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1342, related to divisions of Commission.

Section 10303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1342, related to Secretary and public records of Com-mission.

Section 10304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1342, related to employee boards of Commission.

Section 10305, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1342, related to delegation of authority by Commission.

Section 10306, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1343, related to conduct of Commission proceedings.

Section 10307, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1343, related to offices and sessions of Commission.

Section 10308, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1343, related to admission to practice before Commis-sion.

Section 10309, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1344; Pub. L. 103–437, § 18, Nov. 2, 1994, 108 Stat. 4596, re-lated to access to Commission records by congressional committees.

Section 10310, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1344, related to reports of official Commission actions.

Section 10311, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1345, required Commission to submit annual report to

Congress.

Section 10321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1345; Pub. L. 97–261, § 24, Sept. 20, 1982, 96 Stat. 1124; Pub.

L. 103–272, § 4(j)(12), July 5, 1994, 108 Stat. 1368, related to powers of Commission.

Section 10322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1346; Pub. L. 96–296, § 25(a), July 1, 1980, 94 Stat. 816;

Pub. L. 96–454, § 5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L.

97–261, §§ 6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat.

1107, 1117, 1119, 1128; Pub. L. 98–554, title II, § 226(c)(1), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 103–272, § 5(m)(14), July 5, 1994, 108 Stat. 1377, related to Commission ac-tion and appellate procedure in non-rail proceedings.

A prior section 10323, Pub. L. 95–473, Oct. 17, 1978, 92

Stat. 1346, related to rehearing, reargument, and recon-sideration in nonrail proceedings, prior to repeal by

Pub. L. 96–296, § 25(b), July 1, 1980, 94 Stat. 818.

Section 10324, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1347; Pub. L. 96–258, § 1(1), June 3, 1980, 94 Stat. 425; Pub.

L. 96–296, § 25(c), July 1, 1980, 94 Stat. 818, related to tak-ing effect, duration, and modification of Commission actions.

A prior section 10325, Pub. L. 95–473, Oct. 17, 1978, 92

Stat. 1347, provided for judicial review in nonrail pro-ceedings, prior to repeal by Pub. L. 96–296, § 25(d), July

1, 1980, 94 Stat. 818.

Section 10326, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1348, related to limitations in rulemaking proceedings related to rail carriers.

Section 10327, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1348; Pub. L. 96–258, § 1(2), June 3, 1980, 94 Stat. 425; Pub.

L. 96–296, § 25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97–375, title I, § 113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104–66, title II, § 2101, Dec. 21, 1995, 109 Stat. 730, related to

Commission action and appellate procedure in rail car-rier proceedings.

Section 10328, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1350; Pub. L. 97–261, § 28(b), Sept. 20, 1982, 96 Stat. 1128;

Pub. L. 99–521, § 5(a), Oct. 22, 1986, 100 Stat. 2994, related to intervention in Commission proceedings.

Section 10329, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1351; Pub. L. 99–521, § 5(b), Oct. 22, 1986, 100 Stat. 2994, re-lated to service of notice in Commission proceedings.

Section 10330, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1352, related to service of process in court proceedings.

Section 10341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1352, authorized Commission to refer matters to joint boards.

Section 10342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1353, related to establishment and membership of joint boards.

Section 10343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1353, related to powers of joint boards.

Section 10344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1354; Pub. L. 96–296, § 36, July 1, 1980, 94 Stat. 826, related to administration and proceedings of joint boards.

Section 10361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1355, related to Rail Services Planning Office.

Section 10362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1355; Pub. L. 98–216, § 2(5)–(7), Feb. 14, 1984, 98 Stat. 5;

Pub. L. 99–509, title IV, § 4033(c)(7), Oct. 21, 1986, 100

Stat. 1909; Pub. L. 103–272, § 4(j)(13), July 5, 1994, 108

Stat. 1368, related to duties of Rail Services Planning

Office.

Section 10363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1356; Pub. L. 103–272, § 4(j)(14), July 5, 1994, 108 Stat. 1369, related to appointment and duties of Director of Rail

Services Planning Office.

Section 10364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1356; Pub. L. 103–272, § 5(m)(15), July 5, 1994, 108 Stat.

1377, related to powers of and assistance to Director.

Section 10381, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1357, related to Office of Rail Public Counsel.

Section 10382, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1357; Pub. L. 96–258, § 1(3), June 3, 1980, 94 Stat. 425, re-lated to duties and standing of Office of Rail Public

Counsel.

Section 10383, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1357; Pub. L. 103–272, § 4(j)(14), July 5, 1994, 108 Stat. 1369, related to duties and appointment of Director of Office of Rail Public Counsel.

Section 10384, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1358, related to staff of Office of Rail Public Counsel.

Section 10385, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1358; Pub. L. 103–272, § 5(m)(15), July 5, 1994, 108 Stat.

1377, related to powers of Office of Rail Public Counsel.

Page 288 TITLE 49—TRANSPORTATION § 10501

Section 10386, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1358, related to reports concerning activities of Office of Rail Public Counsel.

Section 10387, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1358, related to budget requests and estimates of Office of Rail Public Counsel.

Section 10388, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1358; Pub. L. 96–73, title III, § 301, Sept. 29, 1979, 93 Stat.

557, authorized appropriations for Office of Rail Public

Counsel for fiscal year ending Sept. 30, 1980.

CHAPTER 105—JURISDICTION

Sec.

10501. General jurisdiction.

10502. Authority to exempt rail carrier transpor-tation.

§ 10501. General jurisdiction

(a)(1) Subject to this chapter, the Board has jurisdiction over transportation by rail carrier that is—

(A) only by railroad; or

(B) by railroad and water, when the trans-portation is under common control, manage-ment, or arrangement for a continuous car-riage or shipment.

(2) Jurisdiction under paragraph (1) applies only to transportation in the United States be-tween a place in—

(A) a State and a place in the same or an-other State as part of the interstate rail net-work;

(B) a State and a place in a territory or pos-session of the United States;

(C) a territory or possession of the United States and a place in another such territory or possession;

(D) a territory or possession of the United States and another place in the same territory or possession;

(E) the United States and another place in the United States through a foreign country;

or

(F) the United States and a place in a for-eign country.

(b) The jurisdiction of the Board over—

(1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car serv-ice, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and

(2) the construction, acquisition, operation, abandonment, or discontinuance of spur, in-dustrial, team, switching, or side tracks, or fa-cilities, even if the tracks are located, or in-tended to be located, entirely in one State, is exclusive. Except as otherwise provided in this part, the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.

(c)(1) In this subsection—

(A) the term ‘‘local governmental author-ity’’—

(i) has the same meaning given that term by section 5302(a) of this title; and

(ii) includes a person or entity that con-tracts with the local governmental author-ity to provide transportation services; and

(B) the term ‘‘mass transportation’’ means transportation services described in section 5302(a) of this title that are provided by rail.

(2) Except as provided in paragraph (3), the Board does not have jurisdiction under this part over—

(A) mass transportation provided by a local government authority; or

(B) a solid waste rail transfer facility as de-fined in section 10908 of this title, except as provided under sections 10908 and 10909 of this title.

(3)(A) Notwithstanding paragraph (2) of this subsection, a local governmental authority, de-scribed in paragraph (2), is subject to applicable laws of the United States related to—

(i) safety;

(ii) the representation of employees for col-lective bargaining; and

(iii) employment, retirement, annuity, and unemployment systems or other provisions re-lated to dealings between employees and em-ployers.

(B) The Board has jurisdiction under sections 11102 and 11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental au-thority meets all of the standards and require-ments for being a rail carrier providing trans-portation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 807; amended Pub. L. 104–287, § 5(21), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

110–432, div. A, title VI, § 602, Oct. 16, 2008, 122 Stat. 4900.)

REFERENCES IN TEXT

The ICC Termination Act of 1995, referred to in sub-sec. (c)(3)(B), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat.

803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.

The Railway Labor Act, referred to in subsec.

(c)(3)(B), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8

(§ 151 et seq.) of Title 45, Railroads. For complete classi-fication of this Act to the Code, see section 151 of Title

45 and Tables.

The Railroad Retirement Act of 1974, referred to in subsec. (c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88

Stat. 1305, which is classified generally to subchapter

IV (§ 231 et seq.) of chapter 9 of Title 45. For further de-tails and complete classification of this Act to the

Code, see Codification note set out preceding section

231 of Title 45, section 231t of Title 45, and Tables.

The Railroad Retirement Tax Act, referred to in sub-sec. (c)(3)(B), is act Aug. 16, 1954, ch. 736, §§ 3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, as amend-ed, which is classified generally to chapter 22 (§ 3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 680, 52

Page 289 TITLE 49—TRANSPORTATION § 10502

Stat. 1094, as amended, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see sec-tion 367 of Title 45 and Tables.

PRIOR PROVISIONS

Provisions similar to those in this section were con-tained in sections 10501 and 10504 of this title prior to the general amendment of this subtitle by Pub. L.

104–88, § 102(a).

A prior section 10501, Pub. L. 95–473, Oct. 17, 1978, 92

Stat. 1359; Pub. L. 96–448, title II, § 214(c)(3)–(5), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, § 4(j)(15), July 5, 1994, 108 Stat. 1369, related to jurisdiction of the Interstate

Commerce Commission, prior to the general amend-ment of this subtitle by Pub. L. 104–88, § 102(a). See sec-tions 10501 and 15301 of this title.

AMENDMENTS

2008—Subsec. (c)(2). Pub. L. 110–432 amended par. (2) generally. Prior to amendment, text read as follows:

‘‘Except as provided in paragraph (3), the Board does not have jurisdiction under this part over mass trans-portation provided by a local governmental authority.’’

1996—Subsec. (c)(3)(B). Pub. L. 104–287 substituted

‘‘January 1, 1996’’ for ‘‘the effective date of the ICC Ter-mination Act of 1995’’.

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L.

104–88, set out as a note under section 701 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 701 of this title.

§ 10502. Authority to exempt rail carrier trans-portation

(a) In a matter related to a rail carrier provid-ing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a trans-action or service whenever the Board finds that the application in whole or in part of a provision of this part—

(1) is not necessary to carry out the trans-portation policy of section 10101 of this title;

and

(2) either—

(A) the transaction or service is of limited scope; or

(B) the application in whole or in part of the provision is not needed to protect ship-pers from the abuse of market power.

(b) The Board may, where appropriate, begin a proceeding under this section on its own initia-tive or on application by the Secretary of Trans-portation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an ap-propriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be com-pleted within 9 months after it is begun.

(c) The Board may specify the period of time during which an exemption granted under this section is effective.

(d) The Board may revoke an exemption, to the extent it specifies, when it finds that appli-cation in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title. The Board shall, within 90 days after receipt of a request for rev-ocation under this subsection, determine wheth-er to begin an appropriate proceeding. If the Board decides not to begin a proceeding to re-voke a class exemption, the reasons for the deci-sion shall be published in the Federal Register.

Any proceeding begun as a result of a request under this subsection shall be completed within 9 months after it is begun.

(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11706 of this title.

Nothing in this subsection or section 11706 of this title shall prevent rail carriers from offer-ing alternative terms nor give the Board the au-thority to require any specific level of rates or services based upon the provisions of section 11706 of this title.

(f) The Board may exercise its authority under this section to exempt transportation that is provided by a rail carrier as part of a continuous intermodal movement.

(g) The Board may not exercise its authority under this section to relieve a rail carrier of its obligation to protect the interests of employees as required by this part.

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 808.)

PRIOR PROVISIONS

Provisions similar to those in this section were con-tained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Prior sections 10502 to 10505, 10521 to 10531, 10541 to

10544, and 10561, were omitted in the general amend-ment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1360, related to Interstate Commerce Commission juris-diction over express carrier transportation.

Section 10503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1360, related to railroad and water transportation con-nections and rates. See section 10703 of this title.

Section 10504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1360; Pub. L. 97–449, § 4(b)(4), Jan. 12, 1983, 96 Stat. 2441;

Pub. L. 103–272, § 4(j)(16), July 5, 1994, 108 Stat. 1369, re-lated to jurisdiction of Commission over mass trans-portation provided by local governments. See section

10501 of this title.

Section 10505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1361; Pub. L. 96–448, title II, § 213, Oct. 14, 1980, 94 Stat.

1912; Pub. L. 103–311, title II, § 205(a), (c)(1), Aug. 26, 1994, 108 Stat. 1683, 1684, related to authority of Commission to exempt rail carrier and motor carrier transpor-tation. See sections 10502 and 13541 of this title.

Section 10521, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1361; Pub. L. 96–296, § 31(b), July 1, 1980, 94 Stat. 824;

Pub. L. 97–261, § 6(f), Sept. 20, 1982, 96 Stat. 1107; Pub. L.

99–521, § 6(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–305, title VI, § 601(b)(2)(C), Aug. 23, 1994, 108 Stat. 1606; Pub.

L. 103–311, title II, § 211(b)(1), Aug. 26, 1994, 108 Stat. 1689, related to jurisdiction of Commission over motor car-rier transportation. See section 13501 of this title.

Section 10522, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1362, related to exempt transportation between Alaska and other States. See section 13502 of this title.

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 termi-nal areas. See section 13503 of this title.

Page 290 TITLE 49—TRANSPORTATION § 10701

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.

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 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;

Page 291 TITLE 49—TRANSPORTATION § 10704

(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, within one year after Jan-uary 1, 1996, complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a simplified and expe-dited method for determining the reasonable-ness of challenged rail rates in those cases in which a full stand-alone cost presentation 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.)

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

1996—Subsec. (d)(3). Pub. L. 104–287 substituted ‘‘Jan-uary 1, 1996’’ for ‘‘the effective date of this paragraph’’.

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L.

104–88, set out as a note under section 701 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 701 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.)

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.

§ 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.)

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.

§ 10704. Authority and criteria: rates, classifica-tions, rules, and practices prescribed by Board

(a)(1) When the Board, after a full hearing, de-cides that a rate charged or collected by a rail carrier for transportation subject to the juris-diction of the Board under this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the maximum rate, classification, rule, or practice to be followed. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is pre-scribed under this subsection, the affected car-rier may not publish, charge, or collect a dif-ferent rate and shall adopt the classification and observe the rule or practice prescribed by the Board.

(2) The Board shall maintain and revise as nec-essary standards and procedures for establishing revenue levels for rail carriers providing trans-portation subject to its jurisdiction under this part that are adequate, under honest, economi-cal, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Board shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. Revenue levels established under this paragraph should—

(A) provide a flow of net income plus depre-ciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed eq-

Page 292 TITLE 49—TRANSPORTATION § 10705 uity capital, and cover the effects of inflation;

and

(B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.

(3) On the basis of the standards and proce-dures described in paragraph (2), the Board shall annually determine which rail carriers are earn-ing adequate revenues.

(b) The Board may begin a proceeding under this section only on complaint. A complaint under subsection (a) of this section must be made under section 11701 of this title, but the proceeding may also be in extension of a com-plaint pending before the Board.

(c) In a proceeding to challenge the reason-ableness of a rate, the Board shall make its de-termination as to the reasonableness of the challenged rate—

(1) within 9 months after the close of the ad-ministrative record if the determination is based upon a stand-alone cost presentation; or

(2) within 6 months after the close of the ad-ministrative record if the determination is based upon the methodology adopted by the Board pursuant to section 10701(d)(3).

(d) Within 9 months after January 1, 1996, the Board shall establish procedures to ensure expe-ditious handling of challenges to the reasonable-ness of railroad rates. The procedures shall in-clude appropriate measures for avoiding delay in the discovery and evidentiary phases of such proceedings and exemption or revocation pro-ceedings, including appropriate sanctions for such delay, and for ensuring prompt disposition of motions and interlocutory administrative ap-peals.

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 810; amended Pub. L. 104–287, § 5(23), Oct. 11, 1996, 110 Stat. 3390.)

PRIOR PROVISIONS

A prior section 10704, Pub. L. 95–473, Oct. 17, 1978, 92

Stat. 1373; Pub. L. 96–296, § 13(b), July 1, 1980, 94 Stat.

803; Pub. L. 96–448, title II, § 205(b), Oct. 14, 1980, 94 Stat.

1906; Pub. L. 97–261, § 9(b), Sept. 20, 1982, 96 Stat. 1109;

Pub. L. 99–521, § 7(b), Oct. 22, 1986, 100 Stat. 2994, related to authority and criteria for rates, classifications, rules, and practices prescribed by Interstate Commerce

Commission, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 10704, 13701, and 15503 of this title.

AMENDMENTS

1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘Janu-ary 1, 1996’’ for ‘‘the effective date of the ICC Termi-nation Act of 1995’’.

§ 10705. Authority: through routes, joint classi-fications, rates, and divisions prescribed by Board

(a)(1) The Board may, and shall when it con-siders it desirable in the public interest, pre-scribe through routes, joint classifications, joint rates, the division of joint rates, and the condi-tions under which those routes must be oper-ated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.

(2) The Board may require a rail carrier to in-clude in a through route substantially less than the entire length of its railroad and any inter-mediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—

(A) required under section 10741, 10742, or 11102 of this title;

(B) inclusion of those lines would make the through route unreasonably long when com-pared with a practicable alternative through route that could be established; or

(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transpor-tation.

The Board shall give reasonable preference, sub-ject to this subsection, to the rail carrier origi-nating the traffic when prescribing through routes.

(b) The Board shall prescribe the division of joint rates to be received by a rail carrier pro-viding transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating car-riers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.

(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection ef-fective as part of its original decision.

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 811.)

PRIOR PROVISIONS

Prior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.

1375; Pub. L. 96–296, § 22(b)–(g), July 1, 1980, 94 Stat. 813;

Pub. L. 96–448, title II, § 218, Oct. 14, 1980, 94 Stat. 1925;

Pub. L. 97–449, § 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, relat-ed to authority for through routes, joint classifica-tions, rates, and divisions prescribed by Interstate

Commerce Commission. See sections 10705 and 13701 of this title.

Section 10705a, added Pub. L. 96–448, title II, § 217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L.

103–272, § 4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.

§ 10706. Rate agreements: exemption from anti-trust laws

(a)(1) In this subsection—

(A) the term ‘‘affiliate’’ means a person con-trolling, controlled by, or under common con-trol or ownership with another person and ‘‘ownership’’ refers to equity holdings in a business entity of at least 5 percent;

(B) the term ‘‘single-line rate’’ refers to a rate or allowance proposed by a single rail car-rier that is applicable only over its line and for which the transportation (exclusive of ter-minal services by switching, drayage or other

Page 293 TITLE 49—TRANSPORTATION § 10706 terminal carriers or agencies) can be provided by that carrier; and

(C) the term ‘‘practicably participates in the movement’’ shall have such meaning as the Board shall by regulation prescribe.

(2)(A) A rail carrier providing transportation subject to the jurisdiction of the Board under this part that is a party to an agreement of at least 2 rail carriers that relates to rates (includ-ing charges between rail carriers and compensa-tion paid or received for the use of facilities and equipment), classifications, divisions, or rules related to them, or procedures for joint consid-eration, initiation, publication, or establish-ment of them, shall apply to the Board for ap-proval of that agreement under this…