§10901 — Title 49 Transportation | U.S. Code

Summary

A person may build an extension to their railroad, build a new rail line, run trains on a new or extended line, or — if they are not already a rail carrier — buy or operate a rail line. To get permission, the person must file an application. When the application is filed, the Board starts a review and must give public notice, including telling the Governor of any state that is affected. The Board will give a certificate allowing the proposed work unless it would conflict with the public convenience and necessity. The certificate can be approved as filed, changed, or given with conditions (but not labor‑protection conditions). If a certificate lets a new line cross another carrier’s tracks, the other carrier cannot refuse the crossing so long as the work and operations do not unreasonably or materially interfere with the crossed line and the crossing owner pays the crossed owner. If the parties disagree on terms or payment, either may ask the Board to decide, and the Board must decide within 120 days.

Title 49, §10901

Transportation — Source: USLM XML via OLRC

(a)A person may—

(1)construct an extension to any of its railroad lines;

(2)construct an additional railroad line;

(3)provide transportation over, or by means of, an extended or additional railroad line; or

(4)in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,

(b)A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.

(c)The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.

(d)(1)When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—

(A)the construction does not unreasonably interfere with the operation of the crossed line;

(B)the operation does not materially interfere with the operation of the crossed line; and

(C)the owner of the crossing line compensates the owner of the crossed line.

(2)If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, § 221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing

Construction

and operation of railroad lines, 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.

§10901 Authorizing Construction and Operation of Railroad Lines