--- kind: "section" citation: "49 U.S.C. § 10701" title: "49" title_heading: "Transportation" number: "10701" heading: "Standards for rates, classifications, through routes, rules, and practices" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/10701" units: - "Subtitle IV — Interstate Transportation" - "Part A — Rail" - "Chapter 107 — Rates" - "Subchapter I — General Authority" --- # §10701. Standards for rates, classifications, through routes, rules, and practices - (a) A through route established by a [rail carrier](/usc/49/10102.md?p=5) must be reasonable. Divisions of joint [rates](/usc/49/10102.md?p=7) by [rail carriers](/usc/49/10102.md?p=5) must be made without unreasonable discrimination against a participating [carrier](/usc/49/13102.md?p=3) and must be reasonable. - (b) A [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part may not discriminate in its [rates](/usc/49/10102.md?p=7) against a connecting line of another [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) 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)](#d) of this section and unless a [rate](/usc/49/10102.md?p=7) is prohibited by a provision of this part, a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part may establish any [rate](/usc/49/10102.md?p=7) for [transportation](/usc/49/10102.md?p=9) or other service provided by the [rail carrier](/usc/49/10102.md?p=5). - (d) - (1) If the [Board](/usc/49/10102.md?p=1) determines, under [section 10707 of this title](/usc/49/10707.md), that a [rail carrier](/usc/49/10102.md?p=5) has market dominance over the [transportation](/usc/49/10102.md?p=9) to which a particular [rate](/usc/49/10102.md?p=7) applies, the [rate](/usc/49/10102.md?p=7) established by such [carrier](/usc/49/13102.md?p=3) for such [transportation](/usc/49/10102.md?p=9) must be reasonable. - (2) In determining whether a [rate](/usc/49/10102.md?p=7) established by a [rail carrier](/usc/49/10102.md?p=5) is reasonable for purposes of this section, the [Board](/usc/49/10102.md?p=1) shall give due consideration to— - (A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic; - (B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, [rates](/usc/49/10102.md?p=7) on such traffic can be changed to maximize the revenues from such traffic; and - (C) the [carrier](/usc/49/13102.md?p=3)’s mix of rail traffic to determine whether one commodity is paying an unreasonable share of the [carrier](/usc/49/13102.md?p=3)’s overall revenues, recognizing the policy of this part that [rail carriers](/usc/49/10102.md?p=5) shall earn adequate revenues, as established by the [Board](/usc/49/10102.md?p=1) under [section 10704(a)(2) of this title](/usc/49/10704.md?p=a-2). - (3) The [Board](/usc/49/10102.md?p=1) shall maintain 1 or more simplified and expedited methods for determining the reasonableness of challenged [rates](/usc/49/10102.md?p=7) in those cases in which a full stand-alone cost presentation is too costly, given the value of the case. ## Source credit (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 809; amended Pub. L. 104–287, § 5(22), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 114–110, § 11(a), Dec. 18, 2015, 129 Stat. 2233.) ## Notes ### Editorial Notes ### Prior Provisions Prior sections 10701 and 10701a were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a). Section 10701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1371; Pub. L. 96–296, § 13(a), July 1, 1980, 94 Stat. 803; Pub. L. 96–448, title II, § 201(b)(1), (2), Oct. 14, 1980, 94 Stat. 1899, 1900; Pub. L. 97–261, § 9(a), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 103–180, § 2(a), (b), (g), Dec. 3, 1993, 107 Stat. 2044, 2047, 2049, related to standards for rates, classifications, through routes, rules, and practices. See sections 10701, 13701, 13709, and 15501 of this title. Section 10701a, added Pub. L. 96–448, title II, § 201(a), Oct. 14, 1980, 94 Stat. 1898; amended Pub. L. 103–272, § 4(j)(19), July 5, 1994, 108 Stat. 1369, related to standards for rates for rail carriers. See section 10701 of this title. ### Amendments 2015—Subsec. (d)(3). Pub. L. 114–110 amended par. (3) generally. Prior to amendment, text read as follows: “The Board shall, within one year after January 1, 1996, complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.” 1996—Subsec. (d)(3). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this paragraph”. ### Statutory Notes and Related Subsidiaries ### Effective 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. ### Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.