49 Usc 10721

§ 10721

TITLE 49—TRANSPORTATION

Section 10709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1382; Pub. L. 96–448, title II, § 202, Oct. 14, 1980, 94 Stat.
1900, related to determination of market dominance in
rail carrier rate proceedings. See section 10707 of this
title.
Section 10710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1383, related to elimination of discrimination against
recyclable materials.
Section 10711, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1383, related to effect of former sections 10701(a), (b),
10707, 10709, 10727, and 10728 of this title on rail rates
and practices.
Section 10712, added Pub. L. 96–448, title II, § 206(a),
Oct. 14, 1980, 94 Stat. 1906, related to inflation-based
rate increases.
Section 10713, added Pub. L. 96–448, title II, § 208(a),
Oct. 14, 1980, 94 Stat. 1908; amended Pub. L. 97–468, title
V, § 502, Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99–509, title
IV, § 4051, Oct. 21, 1986, 100 Stat. 1910, related to contracts between rail carriers and purchasers of rail services. See section 10709 of this title.
AMENDMENTS
1996—Subsec. (e). Pub. L. 104–287 substituted ‘‘October
1, 1980,’’ for ‘‘the effective date of the Staggers Rail Act
of 1980’’.

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.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 819.)
PRIOR PROVISIONS
A prior section 10721, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1383; Pub. L. 96–454, § 10(b), Oct. 15, 1980, 94 Stat.
2022; Pub. L. 103–272, § 5(m)(22), July 5, 1994, 108 Stat.
1378, related to Government traffic, prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
See sections 10721, 13712, and 15504 of this title.

§ 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, § 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, § 102(a).
Prior sections 10722 to 10726 were omitted in the general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 10722, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1384; Pub. L. 97–261, § 29(a), (b), Sept. 20, 1982, 96 Stat.
1128; Pub. L. 99–521, § 7(e), Oct. 22, 1986, 100 Stat. 2995, related to special passenger rates.

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Section 10723, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1385; Pub. L. 97–261, § 29(c), Sept. 20, 1982, 96 Stat. 1128;
Pub. L. 102–54, § 13(s), June 13, 1991, 105 Stat. 282; Pub.
L. 102–240, title IV, § 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, § 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, § 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, § 209, title VII, § 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, § 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, § 210(a), title VII, § 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,
§ 102(a).
Section 10730, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1389; Pub. L. 96–296, § 12, July 1, 1980, 94 Stat. 802; Pub.
L. 96–448, title II, § 211(a), (b), Oct. 14, 1980, 94 Stat. 1911;
Pub. L. 99–521, § 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, § 204, Oct. 14, 1980, 94 Stat.
1905; Pub. L. 103–272, § 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, § 8(a), July 1, 1980,
94 Stat. 798; amended Pub. L. 100–690, title IX, § 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, § 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, § 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, § 4(a), Oct. 15, 1980,
94 Stat. 2012, § 10734; renumbered § 10735, Pub. L. 98–554,
title II, § 227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended
Pub. L. 103–272, § 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.

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