§10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Board — Inbound Citations

Citations to §10704(a)(2)

• 49 U.S.C. § 10701(d)(2)

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  (2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board 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 on such traffic can be changed to maximize the revenues from such traffic; and

  (C) the carrier’s mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier’s overall revenues,

  recognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under section 10704(a)(2) of this title.
• 49 U.S.C. § 11708(c)(3)

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  (3) In resolving a covered dispute involving the reasonableness of a rail carrier’s rates, the arbitrator or panel of arbitrators, as applicable, shall consider the Board’s methodologies for setting maximum lawful rates, giving due consideration to the need for differential pricing to permit a rail carrier to collect adequate revenues (as determined under section 10704(a)(2)).