§10746. Demurrage charges
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to—
(1) freight car use and distribution; and
(2) maintenance of an adequate supply of freight cars to be available for transportation of property.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
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.
Court Cases Citing 49 U.S.C. § 10746
- Schoenmann Produce Company, Inc. v. BNSF Railway Company (2008)
- SPRINGFIELD TERMINAL RAILWAY CO v. FORE RIVER WAREHOUSING&STORAGE CO INC (2007)
- R.J. Corman Railroad Company v. Mallory Alexander International Logistics LLC et al (2023)
- Norfolk Southern Railway Co v. Jefferson Iron&Metal Brokerage Inc (2012)
- NORFOLK SOUTHERN RAILWAY COMPANY v. GWSI, Inc. (2026)