
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: 49USC10722]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                           CHAPTER 107--RATES
 
                  SUBCHAPTER II--SPECIAL CIRCUMSTANCES
 
Sec. 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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
819.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10734 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
    Prior sections 10722 to 10726 were omitted in the general amendment 
of this subtitle by Pub. L. 104-88, Sec. 102(a).
    Section 10722, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1384; Pub. L. 
97-261, Sec. 29(a), (b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99-521, 
Sec. 7(e), Oct. 22, 1986, 100 Stat. 2995, related to special passenger 
rates.
    Section 10723, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1385; Pub. L. 
97-261, Sec. 29(c), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 102-54, 
Sec. 13(s), June 13, 1991, 105 Stat. 282; Pub. L. 102-240, title IV, 
Sec. 4011, Dec. 18, 1991, 105 Stat. 2156, related to transportation for 
charitable purposes.
    Section 10724, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1386, related 
to rates for emergency transportation.
    Section 10725, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 
99-521, Sec. 7(f), Oct. 22, 1986, 100 Stat. 2995, related to special 
freight forwarder rates.
    Section 10726, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 
96-448, title II, Sec. 220, Oct. 14, 1980, 94 Stat. 1928, related to 
long and short haul transportation.
    A prior section 10727, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1388, 
authorized the Interstate Commerce Commission to maintain standards and 
procedures to permit seasonal, regional, or peak-period demand rates and 
required the Commission to submit an annual report to Congress on 
implementation of those rates and recommendations for additional 
legislation needed to make it easier to establish those rates, prior to 
repeal by Pub. L. 96-448, title II, Sec. 209, title VII, Sec. 710(a), 
Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
    A prior section 10728, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1388, 
related to separate rates for distinct rail services, prior to the 
general amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).
    A prior section 10729, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1389, 
authorized rail carrier to establish rate, classification, rule, or 
practice requiring total capital investment of at least $1,000,000 to 
implement upon notice to Interstate Commerce Commission and opportunity 
for Commission proceeding and final decision within 180 days after 
notice and provided that Commission could not suspend or set aside any 
rate that became final for period of five years but could revise rate to 
level equal to variable costs of providing transportation when 
Commission found level then in effect reduced going concern of carrier, 
prior to repeal by Pub. L. 96-448, title II, Sec. 210(a), title VII, 
Sec. 710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
    Prior sections 10730 to 10735 were omitted in the general amendment 
of this subtitle by Pub. L. 104-88, Sec. 102(a).
    Section 10730, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 
96-296, Sec. 12, July 1, 1980, 94 Stat. 802; Pub. L. 96-448, title II, 
Sec. 211(a), (b), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99-521, 
Sec. 7(g), Oct. 22, 1986, 100 Stat. 2995, related to rates and liability 
based on value.
    Section 10731, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 
96-448, title II, Sec. 204, Oct. 14, 1980, 94 Stat. 1905; Pub. L. 103-
272, Sec. 4(j)(23), July 5, 1994, 108 Stat. 1369, related to 
investigation of discriminatory rail rates for transportation of 
recyclable or recycled materials.
    Section 10732, added Pub. L. 96-296, Sec. 8(a), July 1, 1980, 94 
Stat. 798; amended Pub. L. 100-690, title IX, Sec. 9113, Nov. 18, 1988, 
102 Stat. 4535, related to food and grocery transportation. See section 
13713 of this title.
    Section 10733, added Pub. L. 96-296, Sec. 32(a), July 1, 1980, 94 
Stat. 824, related to rates for transportation of recyclable materials.
    Section 10734, added Pub. L. 96-448, title II, Sec. 225(a), Oct. 14, 
1980, 94 Stat. 1930, related to car utilization. See section 10722 of 
this title.
    Another prior section 10734 was renumbered section 10735 of this 
title.
    Section 10735, added Pub. L. 96-454, Sec. 4(a), Oct. 15, 1980, 94 
Stat. 2012, Sec. 10734; renumbered Sec. 10735, Pub. L. 98-554, title II, 
Sec. 227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended Pub. L. 103-272, 
Sec. 5(m)(23), July 5, 1994, 108 Stat. 1378, related to household goods 
rates, estimates, and guarantees of service. See section 13704 of this 
title.
