§11121 — Title 49 Transportation | U.S. Code

Summary

The Board can require a rail carrier it regulates to provide safe, adequate car service and to have and follow reasonable car-service rules. If the Board finds a carrier has seriously failed to do this, it can order the carrier to provide needed facilities or equipment. The Board can start this after someone files an application, but only after a formal hearing and a finding, based on evidence, that (1) the facilities won’t hurt the carrier’s ability to give safe, adequate transportation, (2) the carrier will recover the cost spent, including a return equal to its current cost of capital, and (3) the facilities won’t make it harder for the carrier to get capital. The Board may also require carriers to file their car-service rules, may appoint agents or agencies to carry out its orders on car service and on matters under sections 11123 and 11124(a)(1), and must consult the National Grain Car Council as needed on matters within that council’s charter.

Title 49, §11121

Transportation — Source: USLM XML via OLRC

(a)(1)A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Board may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Board decides that the rail carrier has materially failed to furnish that service. The Board may begin a proceeding under this paragraph when an interested person files an application with it. The Board may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that—

(A)providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation;

(B)the amount spent for the facilities or equipment, including a return equal to the rail carrier’s current cost of capital, will be recovered; and

(C)providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.

(2)The Board may require a rail carrier to file its car service rules with the Board.

(b)The Board may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under section 11123 and 11124(a)(1) of this title.

(c)The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 11121, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–258, § 1(11), June 3, 1980, 94 Stat. 426, related to criteria of rail carriers to furnish safe and adequate car service, 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.

§11121 Criteria