---
kind: "section"
citation: "49 U.S.C. § 10708"
title: "49"
title_heading: "Transportation"
number: "10708"
heading: "Rail cost adjustment factor"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/10708"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 107 — Rates"
  - "Subchapter I — General Authority"
---

# §10708. Rail cost adjustment factor

- (a) The [Board](/usc/49/10102.md?p=1) shall, as often as practicable, but in no event less often than quarterly, publish a rail cost adjustment factor which shall be a fraction, the numerator of which is the latest published Index of [Railroad](/usc/49/10102.md?p=6) Costs (which index shall be compiled or verified by the [Board](/usc/49/10102.md?p=1), with appropriate adjustments to reflect the change in composition of [railroad](/usc/49/10102.md?p=6) costs, including the quality and mix of material and labor) and the denominator of which is the same index for the fourth quarter of every fifth year, beginning with the fourth quarter of 1992.
- (b) The rail cost adjustment factor published by the [Board](/usc/49/10102.md?p=1) under [subsection (a)](#a) of this section shall take into account changes in [railroad](/usc/49/10102.md?p=6) productivity. The [Board](/usc/49/10102.md?p=1) shall also publish a similar index that does not take into account changes in [railroad](/usc/49/10102.md?p=6) productivity.

## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 816.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 10712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

A prior section 10708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–296, § 11, July 1, 1980, 94 Stat. 801; Pub. L. 97–261, §§ 11, 12(a), Sept. 20, 1982, 96 Stat. 1112, 1113; Pub. L. 99–521, § 7(d), Oct. 22, 1986, 100 Stat. 2995, related to investigation and suspension of new nonrail carrier rates, classifications, rules, and practices, 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.