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Argued March 14, 2008

Before: HENDERSON, BROWN and KAVANAUGH, Circuit Judges.

The petitioner is North America Freight Car Association (NAFCA), a trade association of companies that use private railroad freight cars (i.e., cars that are owned or leased by the companies themselves or by other private shippers rather than by the railroad) to transport goods on track owned by railroads. NAFCA seeks review of a decision of the Surface Transportation Board (STB, Board) denying NAFCA’s challenge to “storage” and “demurrage”*fn1 charges (collectively 2001 Charges), which the Burlington Northern and Santa Fe Railway Company-now BNSF Railway Company (BNSF)-imposed in 2001 for empty private freight cars that remain on BNSF tracks beyond a base “free time” period (ranging from one to five days). See N. Am. Freight Car Ass’n v. BNSF Ry., STB Docket No. 42060 (Sub-No. 1), 2007 WL 201203 (served Jan. 26, 2007) (STB Dec.). NAFCA petitions for review on the ground that BNSF’s charges violate three provisions of the Interstate Commerce Commission Termination Act of 1995 (ICCTA):*fn2 (1) 49 U.S.C. § 10702(2), which requires that a railroad “establish reasonable . . . practices” related to transportation and service; (2) 49 U.S.C. § 10746, which requires that demurrage charges fulfill two enumerated objectives; and (3) 49 U.S.C. § 10745, which authorizes a rail carrier to compensate a shipper for providing a service related to transportation. For the reasons set out below, we deny NAFCA’s petition.

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