Title 49, TransportationRelease 119-102
§28502 Surface Transportation Board Mediation of Trackage Use Requests
Title 49 › SUBTITLE V — RAIL PROGRAMS › PART E — MISCELLANEOUS › CHAPTER 285 — COMMUTER RAIL MEDIATION › § 28502
Summary
If a public transit agency and a railroad can't agree after reasonable talks about using the railroad's tracks or services for commuter trains, either one can ask the Surface Transportation Board for nonbinding mediation. The Board must run that mediation following the process in section 1109.4 of title 49 of the Code of Federal Regulations as it was on the date the law was passed.
Full Legal Text
Title 49, §28502
Transportation, Source: USLM XML via OLRC
If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
Reference
Citations & Metadata
Citation
49 U.S.C. § 28502
Title 49, Transportation
Last Updated
Aug 21, 2026
Release point: 119-102