Carrier Operations

§ 10910

TITLE 49—TRANSPORTATION

a National Monument, or lands referenced in
Public Law 108–421 for which a State has implemented a conservation management plan, if
operation of the facility would be inconsistent
with restrictions placed on such land.
(d) CONSIDERATIONS.—When evaluating an application under this section, the Board shall
consider and give due weight to the following, as
applicable:
(1) the land-use, zoning, and siting regulations or solid waste planning requirements of
the State or State subdivision in which the facility is or will be located that are applicable
to solid waste transfer facilities, including
those that are not owned or operated by or on
behalf of a rail carrier;
(2) the land-use, zoning, and siting regulations or solid waste planning requirements applicable to the property where the solid waste
rail transfer facility is proposed to be located;
(3) regional transportation planning requirements developed pursuant to Federal and
State law;
(4) regional solid waste disposal plans developed pursuant to State or Federal law;
(5) any Federal and State environmental
protection laws or regulations applicable to
the site;
(6) any unreasonable burdens imposed on the
interstate transportation of solid waste by
railroad, or the potential for discrimination
against the railroad transportation of solid
waste, a solid waste rail transfer facility, or a
rail carrier that owns or operates such a facility; and
(7) any other relevant factors, as determined
by the Board.
(e) EXISTING FACILITIES.—Upon the granting
of 2 petition from the State in which a solid
waste rail transfer facility is operating as of the
date of enactment of the Clean Railroads Act of
2008 by the Board, the facility shall submit a
complete application for a siting permit to the
Board pursuant to the procedures issued pursuant to subsection (b). No State may enforce a
law, regulation, order, or other requirement affecting the siting of a facility that is operating
as of the date of enactment of the Clean Railroads Act of 2008 until the Board has approved or
denied a permit pursuant to subsection (c).
(f) EFFECT OF LAND-USE EXEMPTION.—If the
Board grants a land-use exemption to a solid
waste rail transfer facility, all State laws, regulations, orders, or other requirements affecting
the siting of a facility are preempted with regard to that facility. An exemption may require
compliance with such State laws, regulations,
orders, or other requirements.
(g) INJUNCTIVE RELIEF.—Nothing in this section precludes a person from seeking an injunction to enjoin a solid waste rail transfer facility
from being constructed or operated by or on behalf of a rail carrier if that facility has materially violated, or will materially violate, its
land-use exemption or if it failed to receive a
valid land-use exemption under this section.
(h) FEES.—The Board may charge permit applicants reasonable fees to implement this sec2 So

in original. Probably should be followed by ‘‘a’’.

Page 308

tion, including the costs of third-party consultants.
(i) DEFINITIONS.—In this section the terms
‘‘solid waste’’, ‘‘solid waste rail transfer facility’’, and ‘‘State requirements’’ have the meaning given such terms in section 10908(e).
(Added Pub. L. 110–432, div. A, title VI, § 604(a),
Oct. 16, 2008, 122 Stat. 4903.)
REFERENCES IN TEXT
The date of enactment of the Clean Railroads Act of
2008, referred to in subsecs. (a)(2), (b), and (e), is the
date of enactment of title VI of div. A of Pub. L.
110–432, which was approved Oct. 16, 2008.
Public Law 108–421, referred to in subsec. (c)(2), is
Pub. L. 108–421, Nov. 30, 2004, 118 Stat. 2375, known as
the Highlands Conservation Act, which is not classified
to the Code.

§ 10910. Effect on other statutes and authorities
Nothing in section 10908 or 10909 is intended to
affect the traditional police powers of the State
to require a rail carrier to comply with State
and local environmental, public health, and public safety standards that are not unreasonably
burdensome to interstate commerce and do not
discriminate against rail carriers.
(Added Pub. L. 110–432, div. A, title VI, § 605(a),
Oct. 16, 2008, 122 Stat. 4905.)
CHAPTER 111—OPERATIONS
SUBCHAPTER I—GENERAL REQUIREMENTS
Sec.

11101.
11102.
11103.

Common carrier transportation, service, and
rates.
Use of terminal facilities.
Switch connections and tracks.
SUBCHAPTER II—CAR SERVICE

11121.
11122.
11123.
11124.

Criteria.
Compensation and practice.
Situations requiring immediate action to
serve the public.
War emergencies; embargoes imposed by carriers.

SUBCHAPTER III—REPORTS AND RECORDS
11141.
11142.
11143.
11144.
11145.

Definitions.
Uniform accounting system.
Depreciation charges.
Records: form; inspection; preservation.
Reports by rail carriers, lessors, and associations.

SUBCHAPTER IV—RAILROAD COST ACCOUNTING
11161.
11162.
11163.
11164.

Implementation of cost accounting
ciples.
Rail carrier cost accounting system.
Cost availability.
Accounting and cost reporting.

prin-

SUBCHAPTER I—GENERAL REQUIREMENTS
§ 11101. Common carrier transportation, service,
and rates
(a) A rail carrier providing transportation or
service subject to the jurisdiction of the Board
under this part shall provide the transportation
or service on reasonable request. A rail carrier
shall not be found to have violated this section
because it fulfills its reasonable commitments
under contracts authorized under section 10709
of this title before responding to reasonable re-

Page 309

§ 11103

TITLE 49—TRANSPORTATION

quests for service. Commitments which deprive
a carrier of its ability to respond to reasonable
requests for common carrier service are not reasonable.
(b) A rail carrier shall also provide to any person, on request, the carrier’s rates and other
service terms. The response by a rail carrier to
a request for the carrier’s rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic
form.
(c) A rail carrier may not increase any common carrier rates or change any common carrier
service terms unless 20 days have expired after
written or electronic notice is provided to any
person who, within the previous 12 months—
(1) has requested such rates or terms under
subsection (b); or
(2) has made arrangements with the carrier
for a shipment that would be subject to such
increased rates or changed terms.
(d) With respect to transportation of agricultural products, in addition to the requirements
of subsections (a), (b), and (c), a rail carrier shall
publish, make available, and retain for public
inspection its common carrier rates, schedules
of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of this subsection, agricultural products shall include grain as defined
in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and all products thereof,
and fertilizer.
(e) A rail carrier shall provide transportation
or service in accordance with the rates and service terms, and any changes thereto, as published
or otherwise made available under subsection
(b), (c), or (d).
(f) The Board shall, by regulation, establish
rules to implement this section. The regulations
shall provide for immediate disclosure and dissemination of rates and service terms, including
classifications, rules, and practices, and their effective dates. Final regulations shall be adopted
by the Board not later than 180 days after January 1, 1996.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 830; amended Pub. L. 104–287,
§ 5(25), Oct. 11, 1996, 110 Stat. 3390.)
PRIOR PROVISIONS
A prior section 11101, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1419; Pub. L. 96–258, § 1(10), June 3, 1980, 94 Stat.
426; Pub. L. 96–448, title II, § 222, Oct. 14, 1980, 94 Stat.
1929; Pub. L. 99–521, § 9(a), Oct. 22, 1986, 100 Stat. 2997;
Pub. L. 103–180, § 8, Dec. 3, 1993, 107 Stat. 2052, related to
duties of carriers to provide transportation and service,
prior to the general amendment of this subtitle by Pub.
L. 104–88, § 102(a). See sections 11101, 13710, 14101, and
15701 of this title.

§ 11102. Use of terminal facilities
(a) The Board may require terminal facilities,
including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, to be
used by another rail carrier if the Board finds
that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own
business. The rail carriers are responsible for establishing the conditions and compensation for
use of the facilities. However, if the rail carriers
cannot agree, the Board may establish conditions and compensation for use of the facilities
under the principle controlling compensation in
condemnation proceedings. The compensation
shall be paid or adequately secured before a rail
carrier may begin to use the facilities of another
rail carrier under this section.
(b) A rail carrier whose terminal facilities are
required to be used by another rail carrier under
this section is entitled to recover damages from
the other rail carrier for injuries sustained as
the result of compliance with the requirement
or for compensation for the use, or both as appropriate, in a civil action, if it is not satisfied
with the conditions for use of the facilities or if
the amount of the compensation is not paid
promptly.
(c)(1) The Board may require rail carriers to
enter into reciprocal switching agreements,
where it finds such agreements to be practicable
and in the public interest, or where such agreements are necessary to provide competitive rail
service. The rail carriers entering into such an
agreement shall establish the conditions and
compensation applicable to such agreement,
but, if the rail carriers cannot agree upon such
conditions and compensation within a reasonable period of time, the Board may establish
such conditions and compensation.
(2) The Board may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions
for the protection of the interests of employees
affected thereby.
(d) The Board shall complete any proceeding
under subsection (a) or (b) within 180 days after
the filing of the request for relief.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 831.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11103 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
A prior section 11102, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1419, related to classification of carriers, prior to
the general amendment of this subtitle by Pub. L.
104–88, § 102(a).

AMENDMENTS
1996—Subsec. (f). Pub. L. 104–287 substituted ‘‘January
1, 1996’’ for ‘‘the effective date of the ICC Termination
Act of 1995’’.
EFFECTIVE DATE
Chapter 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 701 of this title.

§ 11103. Switch connections and tracks
(a) On application of the owner of a lateral
branch line of railroad, or of a shipper tendering
interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable

§ 11121

TITLE 49—TRANSPORTATION

conditions, a switch connection to connect that
branch line or private side track with its railroad and shall furnish cars to move that traffic
to the best of its ability without discrimination
in favor of or against the shipper when the connection—
(1) is reasonably practicable;
(2) can be made safely; and
(3) will furnish sufficient business to justify
its construction and maintenance.
(b) If a rail carrier fails to install and operate
a switch connection after application is made
under subsection (a) of this section, the owner of
the lateral branch line of railroad or the shipper
may file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be
paid for the connection. The Board may direct
the rail carrier to comply with subsection (a) of
this section only after a full hearing.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 831.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11104 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 11103 to 11111 were omitted in the general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 11103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1419; Pub. L. 96–448, title II, § 223, Oct. 14, 1980, 94 Stat.
1929, related to use of terminal facilities. See section
11102 of this title.
Section 11104, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1420, related to switch connections and tracks. See section 11103 of this title.
Section 11105, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1420, related to protective services.
Section 11106, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1420, related to identification of motor vehicles.
Section 11107, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1420; Pub. L. 96–296, § 15(d), July 1, 1980, 94 Stat. 809, related to leased motor vehicles. See section 14102 of this
title.
Section 11108, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1421, related to water carriers subject to unreasonable
discrimination in foreign transportation.
Section 11109, added Pub. L. 96–296, § 15(a)(1), July 1,
1980, 94 Stat. 808, related to loading and unloading
motor vehicles. See section 14103 of this title.
Section 11110, added Pub. L. 96–454, § 6(a)(1), Oct. 15,
1980, 94 Stat. 2015, related to household goods carrier
operations. See section 14104 of this title.
Section 11111, added Pub. L. 97–261, § 25(d)(1), Sept. 20,
1982, 96 Stat. 1125, related to use of citizen band radios
on buses.

SUBCHAPTER II—CAR SERVICE
§ 11121. Criteria
(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

Page 310

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

§ 11122. Compensation and practice
(a) The regulations of the Board on car service
shall encourage the purchase, acquisition, and
efficient use of freight cars. The regulations
may include—
(1) the compensation to be paid for the use of
a locomotive, freight car, or other vehicle;
(2) the other terms of any arrangement for
the use by a rail carrier of a locomotive,
freight car, or other vehicle not owned by the
rail carrier using the locomotive, freight car,
or other vehicle, whether or not owned by another carrier, shipper, or third person; and
(3) sanctions for nonobservance.
(b) The rate of compensation to be paid for
each type of freight car shall be determined by
the expense of owning and maintaining that
type of freight car, including a fair return on its
cost giving consideration to current costs of
capital, repairs, materials, parts, and labor. In
determining the rate of compensation, the
Board shall consider the transportation use of
each type of freight car, the national level of
ownership of each type of freight car, and other
factors that affect the adequacy of the national
freight car supply.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 832.)
PRIOR PROVISIONS
A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1421; Pub. L. 96–448, title II, § 224(a), Oct. 14, 1980,
94 Stat. 1929, related to use of and compensation for
freight cars, prior to the general amendment of this
subtitle by Pub. L. 104–88, § 102(a).