Page:United States Statutes at Large Volume 109 Part 1.djvu/825

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PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 809 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. "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 classifications, 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, classiHcations, 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) 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.