Page:United States Statutes at Large Volume 109 Part 1.djvu/835

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PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 819t " SUBCHAPTER II—SPECIAL CIRCUMSTANCES "§ 10721. Government traffic "A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply when transportation for the United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.

    • § 10722. Car utilization

"In order to encourage more efficient use of freight cars, notwithstanding any other provision of this part, rail carriers shall be permitted to establish premium charges for special services or special levels of services not otherwise applicable to the movement. The Board shall facilitate development of such charges so as to increase the utilization of equipment. " SUBCHAPTER III—LIMITATIONS '*§ 10741. Prohibitions against discrimination by rail carriers "(a)(1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination. "(2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances. "(b) This section shall not apply to— "(1) contracts described in section 10709 of this title; "(2) rail rates applicable to different routes; or "(3) discrimination against the traffic of another carrier providing transportation by any mode. "(c) Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers. § 10742. Facilities for interchange of traffic "A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of passengers and property to and from, its respective line and a connecting line of another rail carrier or of a water carrier providing transportation subject to chapter 137.

    • § 10743. Liability for payment of rates

"(a)(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee