
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11101]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 111--OPERATIONS
 
                   SUBCHAPTER I--GENERAL REQUIREMENTS
 
Sec. 11101. Common carrier transportation, service, and rates

    (a) A rail carrier providing transportation or service subject to 
the jurisdiction of the Board under this part shall provide the 
transportation or service on reasonable request. A rail carrier shall 
not be found to have violated this section because it fulfills its 
reasonable commitments under contracts authorized under section 10709 of 
this title before responding to reasonable requests for service. 
Commitments which deprive a carrier of its ability to respond to 
reasonable requests for common carrier service are not reasonable.
    (b) A rail carrier shall also provide to any person, on request, the 
carrier's rates and other service terms. The response by a rail carrier 
to a request for the carrier's rates and other service terms shall be--
        (1) in writing and forwarded to the requesting person promptly 
    after receipt of the request; or
        (2) promptly made available in electronic form.

    (c) A rail carrier may not increase any common carrier rates or 
change any common carrier service terms unless 20 days have expired 
after written or electronic notice is provided to any person who, within 
the previous 12 months--
        (1) has requested such rates or terms under subsection (b); or
        (2) has made arrangements with the carrier for a shipment that 
    would be subject to such increased rates or changed terms.

    (d) With respect to transportation of agricultural products, in 
addition to the requirements of subsections (a), (b), and (c), a rail 
carrier shall publish, make available, and retain for public inspection 
its common carrier rates, schedules of rates, and other service terms, 
and any proposed and actual changes to such rates and service terms. For 
purposes of this subsection, agricultural products shall include grain 
as defined in section 3 of the United States Grain Standards Act (7 
U.S.C. 75) and all products thereof, and fertilizer.
    (e) A rail carrier shall provide transportation or service in 
accordance with the rates and service terms, and any changes thereto, as 
published or otherwise made available under subsection (b), (c), or (d).
    (f) The Board shall, by regulation, establish rules to implement 
this section. The regulations shall provide for immediate disclosure and 
dissemination of rates and service terms, including classifications, 
rules, and practices, and their effective dates. Final regulations shall 
be adopted by the Board not later than 180 days after January 1, 1996.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
830; amended Pub. L. 104-287, Sec. 5(25), Oct. 11, 1996, 110 Stat. 
3390.)


                            Prior Provisions

    A prior section 11101, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419; 
Pub. L. 96-258, Sec. 1(10), June 3, 1980, 94 Stat. 426; Pub. L. 96-448, 
title II, Sec. 222, Oct. 14, 1980, 94 Stat. 1929; Pub. L. 99-521, 
Sec. 9(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L. 103-180, Sec. 8, Dec. 
3, 1993, 107 Stat. 2052, related to duties of carriers to provide 
transportation and service, prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a). See sections 11101, 13710, 
14101, and 15701 of this title.


                               Amendments

    1996--Subsec. (f). Pub. L. 104-287 substituted ``January 1, 1996'' 
for ``the effective date of the ICC Termination Act of 1995''.


                             Effective Date

    Chapter 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 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 10709, 10904 of this title.
