U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART A— RAIL › Chapter CHAPTER 107— RATES › Subchapter SUBCHAPTER II— SPECIAL CIRCUMSTANCES

49 U.S.C. § 10721

Government traffic

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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 Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.

Notes of Decisions
Cited in 26 cases, 1979–2018 · leading case: John H. Dalton, Sec'y of the Navy v. Sherwood Van Lines, Inc., 50 F.3d 1014 (Fed. Cir. 1995).
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John H. Dalton, Sec'y of the Navy v. Sherwood Van Lines, Inc., 50 F.3d 1014 (Fed. Cir. 1995). · cites it 3× “II Section 321 of the Transportation Act of 1940, as amended, 49 U.S.C. § 10721 , authorizes common carriers regulated by the Interstate Commerce Commission to provide transportation services to agencies of the federal government at or below their published tariff rates.”
Tri-State Motor Transit Co. v. United States, 39 Fed. Cl. 485 (Fed. Cl. 1997). · cites it 9× “The statutes that apply to plaintiffs spot movements in 1991-92, and to ICC regulation of special circumstances relative to rates for government traffic, presently are found in 49 U.S.C. § 10721 (1994). 6 Section 10721, Government traffic, includes the following provisions:…”
West Coast Truck Lines, Inc., an Oregon Corp. v. Arcata Cmty. Recycling Ctr., Inc., a California Corp., Defendant, 846 F.2d 1239 (9th Cir. 1988). · cites it 2× “49 U.S.C. § 10721 (1982); see United States v.”
A-Transp. Nw. Co. v. United States, 27 Fed. Cl. 206 (Fed. Cl. 1992). · cites it 4× “FACTS The United States, acting through the Military Traffic Management Command (MTMC) and the Defense Logistics Agency (DLA), procures interstate freight transportation services pursuant to the Interstate Commerce Act, as amended, 49 U.S.C. § 10721 (1983), and Interstate…”
Inter-Coastal Xpress, Inc. v. United States, 296 F.3d 1357 (Fed. Cir. 2002). “The court, however, described its decision as: a narrow one, limited to cases in which the government obtains transportation services from a common carrier pursuant to 49 U.S.C. § 10721 and in which the GBL constitutes the contract between the parties.”
Jetco, Inc. v. United States, 11 Cl. Ct. 837 (Ct. Cl. 1987). · cites it 3× “49 U.S.C. § 10721 (b)(1). 14 The so-called section 22 tender “is a special exception to the * * * prohibition of discriminatory rates, permitting carriers to agree with the government to a lower rate schedule for government carriage.”
Munitions Carriers Conf., Inc. v. United States, 147 F.3d 1027 (D.C. Cir. 1998). · cites it 2× “See 49 U.S.C. § 10721 (a)(1) (1994) (repealed 1995).”
A-Transp. Nw. Co., Inc. v. United States, 36 F.3d 1576 (Fed. Cir. 1994). “MTMC and DLA are charged with the responsibility of procuring interstate freight transportation services for the government pursuant to the Interstate Commerce Act, as amended, 49 U.S.C. § 10721 (1988). Resulting agreements are exempt from the Federal Acquisition Regulations…”
CRC Marine Servs., Inc. v. United States, 41 Fed. Cl. 66 (Fed. Cl. 1998). “49 U.S.C. § 10721 . Matter of Sam Trucking, B-229890, 88-1 CPD 11425 (1988).”
Baggett Transp. Co. v. United States, 229 Ct. Cl. 428 (Ct. Cl. 1982). · cites it 2× “§ 22 (1976) (recodified in amended form at 49 U.S.C. § 10721 (Supp. Ill 1979)). Such a lower rate schedule had been agreed upon between defendant and plaintiff.”
The Akron, Canton & Youngstown R.R. Co. v. The Interstate Com. Comm'n, & Gpu Serv. Corp., Intervenors, 611 F.2d 1162 (6th Cir. 1979). “See 49 U.S.C.A. § 10721 (1979 Supp.). 5 . We cannot refrain from noting at this point that none of the petitioner railroads has availed itself of opportunities to comment upon the safety regulations of DOT and NRC concerning the rail transport of nuclear materials.”
Gorka v. Sullivan, 671 N.E.2d 122 (Ind. Ct. App. 1996). “49 U.S.C. § 10721 (1985). 11 . The rulemaking statute and the Indiana Medicaid code both provide for emergency rules without notice and comment, but the emergency provisions are not directed toward rates.”
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