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LegalText 49 U.S.C. § 10705 Authority: through routes, joint classifications, rates, and divisions prescribed by Board us united_states_code code_section 49 TRANSPORTATION 107 RATES 10705 49 U.S.C. § 10705 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s10705 data/legal/raw/us/code/title-49/usc49.xml f9edc7d6c5ad0efe03b4522eafe7f9a00f92ec366043ee5e6a97550e54ef8d5d 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 82db1332384ba9bcb7d641dbb456d1ad24b7ff041bd3fb44d22e96dee49b2a58 2026-07-04 official
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49 U.S.C. § 10705 - Authority: through routes, joint classifications, rates, and divisions prescribed by Board

Text

(a) (1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.

(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—

(A) required under section 10741, 10742, or 11102 of this title;

(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or

(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.

The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.

(b) The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.

(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision.

(Added Pub. L. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 811.)

Notes

Editorial Notes

Prior ProvisionsPrior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 10488, § 102(a). Section 10705, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96296, § 22(b)(g), July 1, 1980, 94 Stat. 813; Pub. L. 96448, title II, § 218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97449, § 5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See sections 10705 and 13701 of this title. Section 10705a, added Pub. L. 96448, title II, § 217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103272, § 4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.