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

Summary

Rail carriers under the Board’s authority must provide safe, adequate car service and keep reasonable rules for that service. If a carrier seriously fails to do that, the Board can order the carrier to add facilities or equipment needed to fix the problem. The Board can start a case when someone files an application, but it may act only after a formal hearing and a finding that (1) adding the facilities or equipment will not significantly harm the carrier’s ability to provide safe, adequate transportation, (2) the money spent, including a return equal to the carrier’s current cost of capital, will be recovered, and (3) the changes will not make it harder for the carrier to attract needed capital. The Board can require carriers to file their car-service rules and can appoint agents or agencies to carry out its car-service orders and related duties. The Board must consult with the National Grain Car Council, when it thinks necessary, on matters covered by 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