49 U.S.C. § 10745
Transportation services or facilities furnished by shipper
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allowance for transportation or service for property when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or service. The Board may prescribe the maximum reasonable charge or allowance a rail carrier subject to its jurisdiction may pay for a service or instrumentality furnished under this section. The Board may begin a proceeding under this section on its own initiative or on application.
Notes of Decisions
Cited in 3
cases, 2005–2008 · leading case: North Am. Freight Car Ass'n v. Surface Transp. Bd., 529 F.3d 1166 (D.C. Cir. 2008).
North Am. Freight Car Ass'n v. Surface Transp. Bd., 529 F.3d 1166 (D.C. Cir. 2008). “§ 10746 , which requires that demurrage charges fulfill two enumerated objectives; and (3) 49 U.S.C. § 10745 , which authorizes a rail carrier to compensate a shipper for providing a service related to transportation.”
San Luis Cent. R.R. v. Springfield Terminal Ry. Co., 369 F. Supp. 2d 172 (D. Mass. 2005). “49 U.S.C. § 10745 . Section 11704 provides the rights and remedies of persons injured by a rail carrier.”
N Amer Frght Car v. STB (D.C. Cir. 2008). “I. In July 2001, BNSF instituted a new “storage” charge for empty private industrial cars (primarily tank cars) and “demurrage” charge for empty private covered hopper cars, which are used to transport grain, grain products and sugar.”
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