US Code

Public Law 119-73 (01/23/2026)

49 U.S.C. § 10701

Standards for rates, classifications, through routes, rules, and practices

(a)
A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
(b)
A rail carrier providing transportation subject 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 discriminate against that line in the distribution of traffic 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 provision of this part, a rail carrier providing transportation 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)
section 10707 of this title If the Board determines, under , 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 consideration to—
(A)
the amount of traffic which is transported 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 determine whether one commodity is paying an unreasonable share of the carrier’s overall revenues,
section 10704(a)(2) of this titlerecognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under .
(3)
The Board shall maintain 1 or more simplified and expedited methods for determining the reasonableness of challenged rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.

Pub. L. 104–88, title I, § 102(a)109 Stat. 809Pub. L. 104–287, § 5(22)110 Stat. 3390Pub. L. 114–110, § 11(a)129 Stat. 2233(Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 104–88, § 102(a)Prior sections 10701 and 10701a were omitted in the general amendment of this subtitle by .

Pub. L. 95–47392 Stat. 1371Pub. L. 96–296, § 13(a)94 Stat. 803Pub. L. 96–448, title II, § 201(b)(1)94 Stat. 1899Pub. L. 97–261, § 9(a)96 Stat. 1109Pub. L. 103–180, § 2(a)107 Stat. 2044Section 10701, , , ; , , ; , (2), , , 1900; , , ; , (b), (g), , , 2047, 2049, related to standards for rates, classifications, through routes, rules, and practices. See sections 10701, 13701, 13709, and 15501 of this title.

Pub. L. 96–448, title II, § 201(a)94 Stat. 1898Pub. L. 103–272, § 4(j)(19)108 Stat. 1369section 10701 of this titleSection 10701a, added , , ; amended , , , related to standards for rates for rail carriers. See .

Amendments

Pub. L. 114–1102015—Subsec. (d)(3). amended par. (3) generally. Prior to amendment, text read as follows: “The Board shall, within one year after , complete the pending Interstate Commerce Commission 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.”

Pub. L. 104–2871996—Subsec. (d)(3). substituted “” for “the effective date of this paragraph”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of this titleSection effective , except as otherwise provided in , see , set out as a note under .

Abolition of Interstate Commerce Commission

section 101 of Pub. L. 104–88section 1301 of this titleInterstate Commerce Commission abolished by , set out as a note under .