Statutory Support

§ 11144

TITLE 49—TRANSPORTATION

§ 11144. Records: form; inspection; preservation
(a) The Board may prescribe the form of
records required to be prepared or compiled
under this subchapter—
(1) by rail carriers and lessors, including
records related to movement of traffic and receipts and expenditures of money; and
(2) by persons furnishing cars to or for a rail
carrier providing transportation subject to the
jurisdiction of the Board under this part to the
extent related to those cars or that service.
(b) The Board, or an employee designated by
the Board, may on demand and display of proper
credentials—
(1) inspect and examine the lands, buildings,
and equipment of a rail carrier or lessor; and
(2) inspect and copy any record of—
(A) a rail carrier, lessor, or association;
(B) a person controlling, controlled by, or
under common control with a rail carrier if
the Board considers inspection relevant to
that person’s relation to, or transaction
with, that rail carrier; and
(C) a person furnishing cars to or for a rail
carrier if the Board prescribed the form of
that record.
(c) The Board may prescribe the time period
during which operating, accounting, and financial records must be preserved by rail carriers,
lessors, and persons furnishing cars.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 835.)
PRIOR PROVISIONS
A prior section 11144, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1426; Pub. L. 96–296, § 24(c), July 1, 1980, 94 Stat.
816, related to form, inspection, and preservation of
records, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11144, 14122,
and 15722 of this title.

§ 11145. Reports by rail carriers, lessors, and associations
(a) The Board may require—
(1) rail carriers, lessors, and associations, or
classes of them as the Board may prescribe, to
file annual, periodic, and special reports with
the Board containing answers to questions
asked by it; and
(2) a person furnishing cars to a rail carrier
to file reports with the Board containing answers to questions about those cars.
(b)(1) An annual report shall contain an account, in as much detail as the Board may require, of the affairs of the rail carrier, lessor, or
association for the 12-month period ending on
December 31 of each year.
(2) An annual report shall be filed with the
Board by the end of the third month after the
end of the year for which the report is made unless the Board extends the filing date or changes
the period covered by the report. The annual report and, if the Board requires, any other report
made under this section, shall be made under
oath.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 835.)
PRIOR PROVISIONS
A prior section 11145, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1427; Pub. L. 96–296, § 5(b), July 1, 1980, 94 Stat. 796,

Page 320

related to reports by carriers, lessors, and associations,
prior to the general amendment of this subtitle by Pub.
L. 104–88, § 102(a). See sections 11145, 14123, and 15723 of
this title.

SUBCHAPTER IV—RAILROAD COST
ACCOUNTING
§ 11161. Implementation of cost accounting principles
The Board shall periodically review its cost
accounting rules and shall make such changes in
those rules as are required to achieve the regulatory purposes of this part. The Board shall insure that the rules promulgated under this section are the most efficient and least burdensome
means by which the required information may
be developed for regulatory purposes. To the
maximum extent practicable, the Board shall
conform such rules to generally accepted accounting principles.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 835.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11163 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11161, added Pub. L. 96–448, title III,
§ 302(a), Oct. 14, 1980, 94 Stat. 1934, related to Railroad
Accounting Principles Board, prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 11162. Rail carrier cost accounting system
(a) Each rail carrier shall have and maintain a
cost accounting system that is in compliance
with the rules promulgated by the Board under
section 11161 of this title. A rail carrier may,
after notifying the Board, make modifications
in such system unless, within 60 days after the
date of notification, the Board finds such modifications to be inconsistent with the rules promulgated by the Board under section 11161 of
this title.
(b) For purposes of determining whether the
cost accounting system of a rail carrier is in
compliance with the rules promulgated by the
Board, the Board shall have the right to examine and make copies of any documents, papers,
or records of such rail carrier relating to compliance with such rules. Such documents, papers, and records (and any copies thereof) shall
not be subject to the mandatory disclosure requirements of section 552 of title 5.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 836.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11164 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11162, added Pub. L. 96–448, title III,
§ 302(a), Oct. 14, 1980, 94 Stat. 1935; amended Pub. L.
103–272, § 4(j)(30), July 5, 1994, 108 Stat. 1370, related to
cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

§ 11163. Cost availability
As required by the rules of the Board governing discovery in Board proceedings, rail carriers
shall make relevant cost data available to ship-