U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART A— RAIL › Chapter CHAPTER 111— OPERATIONS › Subchapter SUBCHAPTER II— CAR SERVICE

49 U.S.C. § 11122

Compensation and practice

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(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and(3) sanctions for nonobservance.(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.)Editorial NotesPrior Provisions

A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, § 224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1980–2026 · leading case: Brae Corp. v. United States, 740 F.2d 1023 (D.C. Cir. 1984).
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Brae Corp. v. United States, 740 F.2d 1023 (D.C. Cir. 1984). · cites it 3× “§ 10505 (a), and on its power to regulate the compensation paid for the use of freight cars, 49 U.S.C. § 11122 . See Boxcars I, 367 I.”
Int'l Minerals & Chem. Corp. v. Heitkamp, 417 N.W.2d 791 (N.D. 1987). · cites it 2× “See 49 U.S.C. § 11122 . 1 This compensation by the rail carrier to the shipper, based upon the number of “loaded miles” the furnished cars travel, is termed a “mileage credit.”
In the Matter of Iowa R.R. Co., Debtor. Union Pac. R.R. Co. v. Terry F. Moritz, Tr. of Iowa R.R. Co., 840 F.2d 535 (7th Cir. 1988). “It has promulgated regulations concerning per diem ear charges. Each railroad must accept others’ cars, which it must pay for at fixed rates until returning them.”
Engelhard Corp. v. Springfield Terminal Ry. Co., 193 F. Supp. 2d 385 (D. Mass. 2002). “49 U.S.C. § 11122 . 3 Before the court are motions to dismiss an Amended Complaint brought by Engel- *387 hard seeking to collect unpaid mileage allowances from the defendant railroads.”
S. Pac. Transp. Co. v. Interstate Com. Comm'n, 69 F.3d 583 (D.C. Cir. 1995). · cites it 7× “” 49 U.S.C. § 11122 (b) (1994). In 1977, the ICC adopted a formula that prescribed car hire rates for a variety of ear types.”
Acf Indus. Inc. Gen. Am. Transp. Corp. Union Tank Car Co. v. California State Bd. of Equalization, 42 F.3d 1286 (9th Cir. 1994). “See 49 U.S.C. § 11122 (b). The parties’ expert witnesses disagree as to who ultimately bears the economic burden imposed by these taxes.”
Gen. Am. Transp. Corp. v. Louisiana Tax Comm'n, 680 F.2d 400 (5th Cir. 1982). “” Under 49 U.S.C. § 11122 , the ICC is authorized to regulate the lease arrangements between the private companies and the shippers.”
San Luis Cent. R.R. v. Springfield Terminal Ry. Co., 369 F. Supp. 2d 172 (D. Mass. 2005). “3 49 U.S.C. § 11122 (a). It may also regulate (2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another…”
Lo Shippers Action Comm. v. Interstate Com. Comm'n, 857 F.2d 802 (D.C. Cir. 1988). · cites it 5× “” This practice is addressed by 49 U.S.C. § 11122 (1982), which provides: (a) The regulations of the Interstate Commerce Commission on car service shall encourage the purchase, acquisition, and efficient use of freight cars.”
Env't Def. Fund, Inc. v. Costle, 631 F.2d 922 (D.C. Cir. 1980). “379 (1887) (current version at 49 U.S.C. § 11122 (Supp. II. 1978)). . 410 U.”
Shippers Comm., OT-5 v. Interstate Com. Comm'n, 968 F.2d 75 (D.C. Cir. 1992). · cites it 4× “It concluded that the AU’s notion of the public interest would contravene the objec- ■ tives of 49 U.S.C. § 11122 , which directs the Commission in regulating car service, to encourage the purchase, acquisition, and efficient use of freight cars.”
Evans Prods. Co. v. Interstate Com. Comm'n, 729 F.2d 1107 (7th Cir. 1984). “C.C. 652 (1918). The Commission promulgates a mileage allowance tariff that is assessed against the railroads and distributed among the private car owners.”
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