49 U.S.C. § 11121 — Criteria

FEDERAL · 49 U.S.C. · Chapter SUBCHAPTER II—CAR SERVICE

Criteria

49 U.S.C. § 11121

ChapterSUBCHAPTER II—CAR SERVICE

This text of 49 U.S.C. § 11121 (Criteria) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

49 U.S.C. § 11121.

Text

(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 rai

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(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 sections 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.

In Re Boston and Maine Corporation, Debtor, Appeal of Chesapeake and Ohio Railway Company, in Re Boston and Maine Corporation, Debtor, Appeal of Maine Central Railroad Company, in Re Boston and Maine Corporation, Debtor, Appeal of Penn Central Corporation, in Re Boston and Maine Corporation, Debtor, Appeal of Canadian Pacific, in Re Boston and Maine Corporation, Debtor, Appeal of Eastern Associated Coal Corporation

634 F.2d 1359 (First Circuit, 1980)

9 case citations

In re Boston & Maine Corp.

634 F.2d 1359 (First Circuit, 1980)

8 case citations

United Transportation Union-Illinois Legislative Board v. Interstate Commerce Commission and United States of America

52 F.3d 1074 (D.C. Circuit, 1995)

8 case citations

Granite State Concrete Co. v. Surface Transportation Board

417 F.3d 85 (First Circuit, 2005)

7 case citations

Norfolk Southern Railway Co. v. Jacobs

549 F. Supp. 2d 990 (N.D. Ohio, 2008)

7 case citations

General American Transportation Corporation v. Louisiana Tax Commission

680 F.2d 400 (Fifth Circuit, 1982)

6 case citations

North America Freight Car Ass'n v. Surface Transportation Board

529 F.3d 1166 (D.C. Circuit, 2008)

5 case citations

Evans Products Co. v. Interstate Commerce Commission

729 F.2d 1107 (Seventh Circuit, 1984)

3 case citations

Atchison, Topeka & Santa Fe Railway Co. v. Union Tank Car Co.

611 F.2d 1184 (Seventh Circuit, 1979)

2 case citations

Houston Lighting & Power Company v. United States of America and Interstate Commerce Commission, Burlington Northern, Inc., Intervenor. Arizona Electric Power Cooperative, Inc. v. United States of America and Interstate Commerce Commission, Atchison, Topeka and Santa Fe Ry. Co., Intervenors

606 F.2d 1131 (D.C. Circuit, 1979)

2 case citations

General American Transportation Corp. v. Interstate Commerce Commission

872 F.2d 1048 (D.C. Circuit, 1989)

1 case citations

Dana Corp. v. Interstate Commerce Commission

703 F.2d 1297 (D.C. Circuit, 1983)

1 case citations

Springfield Terminal Railway Co. v. United States Surface Transportation Board

472 F. Supp. 2d 89 (D. Massachusetts, 2007)

1 case citations

N Amer Frght Car v. STB

(D.C. Circuit, 2008)

NE Railroad v. Boston Maine et al

2008 DNH 218 (D. New Hampshire, 2008)

NE Southern Railroad v. B&M, et al.

2008 DNH 179 (D. New Hampshire, 2008)

Source Credit

History

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)

Editorial Notes

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.

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Bluebook (online)

49 U.S.C. § 11121, Counsel Stack Legal Research, https://law.counselstack.com/usc/49/11121.