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

49 U.S.C. § 10746

Demurrage charges

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A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to—(1) freight car use and distribution; and(2) maintenance of an adequate supply of freight cars to be available for transportation of property.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 821.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective Date

Section 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 1301 of this title.

Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1984–2023 · leading case: Union Pac. R.R. v. Coast Packing Co., 236 F. Supp. 2d 1130 (C.D. Cal. 2002).
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Union Pac. R.R. v. Coast Packing Co., 236 F. Supp. 2d 1130 (C.D. Cal. 2002). · cites it 5× “¶ 3 , as the demurrage charges were allegedly assessed and incurred pursuant to 49 U.S.C. § 10746 , id. ¶¶ 7, 10 . On April 19, 2001, Defendant counterclaimed under 49 U.”
Nat'l Coal Ass'n v. Donald P. Hodel, U.S. Sec'y of the Interior, 825 F.2d 523 (D.C. Cir. 1987). · cites it 2× “The restriction nips in the bud certain potential violations of the so-called “commodities clause” of the Interstate Commerce Act, 49 U.S.C. § 10746 (1982), which prohibits interstate rail carriers from transporting “an article or commodity that .”
Norfolk S. Ry. Co. v. Groves, 586 F.3d 1273 (11th Cir. 2009). “” 49 U.S.C. § 10746 (1995). Norfolk publishes the applicable demurrage rules and charges in Freight Tariff NS 6004-B, which states in relevant part that “[demurrage charges will be assessed against the consignor 2 at origin or consignee 3 at destination who will be responsible…”
North Am. Freight Car Ass'n v. Surface Transp. Bd., 529 F.3d 1166 (D.C. Cir. 2008). · cites it 3× “practices” related to transportation and service; (2) 49 U.S.C. § 10746 , which requires that demurrage charges fulfill two enumerated objectives; and (3) 49 U.”
CSX Transp. Co. v. Novolog Bucks Cnty., 502 F.3d 247 (3rd Cir. 2007). “”) Congress’s concern with ensuring that railcars be available for transportation and not sidelined or improperly used as storage faeili *259 ties is reflected in 49 U.S.C. § 10746 , which provides that rail carriers “shall compute demurrage charges, and establish rules related…”
Nat'l Coal Ass'n v. Hodel, 675 F. Supp. 1231 (D. Mont. 1987). · cites it 2× “, and the Commodities Clause of the Interstate Commerce Act, 49 U.S.C. § 10746 . Section 2(c) of the MLA, 30 U.”
Nat'l Coal Ass'n v. Hodel, 617 F. Supp. 584 (D.D.C. 1985). · cites it 2× “§ 202 , and the Interstate Commerce Act, 49 U.S.C. § 10746 , which respectively prohibit railroad affiliates from obtaining federal coal leases and prohibit common carriers from transporting commodities that they mine or produce, are implicitly incorporated in the FLPMA and that…”
CSX Transp., Inc. v. B&J Grp., Inc., 381 F. Supp. 3d 438 (E.D. Pa. 2019). “49 U.S.C. § 10746 . 49 C.F.R. § 1333.2 . Id.”
Patrick W. Simmons v. Interstate Com. Comm'n & United States of Am., & Chicago-Chemung R.R. Corp., Intervening, 900 F.2d 1018 (7th Cir. 1990). “The ICC noted CCRC’s affiliation with Seegers through a small group of common stockholders, but further noted that the mere ownership of a railroad by its principal on-line shipper is not prohibited by 49 U.S.C. § 10746 , commonly referred to as the “commodities clause.”
Patrick W. Simmons v. Interstate Com. Comm'n & United States of Am., & Chicago-Chemung R.R. Corp., Intervening, 909 F.2d 186 (7th Cir. 1990). “The ICC noted CCRC’s affiliation with Seegers through a small group of common stockholders, but further notéd that the mere ownership of a railroad by its principal on-line shipper is not prohibited by 49 U.S.C. § 10746 , commonly referred to as the “commodities clause.”
Nat'l Coal Ass'n v. Clark, 603 F. Supp. 668 (D.D.C. 1984). “§§ 181 , 202, which prohibits a company operating a common carrier railroad from holding or being given a federal coal lease, and the “commodities clause” of the Interstate Commerce Act, 49 U.S.C. § 10746 , which prohibits railroads operating under the jurisdiction of the…”
Norfolk & W. Ry. Co. v. Roberson, 918 F.2d 1144 (4th Cir. 1990). · cites it 2× “" 49 U.S.C. § 10746 . However, neither Roberson nor the Director ever has asserted that N & W actually mined or supervised the mining of coal, and considering N & W an .”
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