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49 U.S.C. § 11123 — Situations requiring immediate action to serve the public
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, or other failure of traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on shippers, or on rail service in a region of the United States, or that a rail carrier providing transportation subject to the jurisdiction of the Board under this part cannot transport the traffic offered to it in a manner that properly serves the public, the Board may, to promote commerce and service to the public, for a period not to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.
**(b)**
(1) Except with respect to proceedings under paragraph (2) of this subsection, the Board may act under this section on its own initiative or on application without regard to subchapter II of chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations, and use
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Stable record: federal_law:legal_authorities:record_usc_7c94c17cf435fbf09f3066ff
Source file: Laws/federal/codes/united-states-code/title-49/section-11123-situations-requiring-immediate-action-to-serve-the-public--da569e22ab.md
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Source location: Title 49, Chapter 111, § 11123; chapter-111-operations.md
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**(a)** When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, or other failure of traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on shippers, or on rail service in a region of the United States, or that a rail carrier providing transportation subject to the jurisdiction of the Board under this part cannot transport the traffic offered to it in a manner that properly serves the public, the Board may, to promote commerce and service to the public, for a period not to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.
**(b)**
(1) Except with respect to proceedings under paragraph (2) of this subsection, the Board may act under this section on its own initiative or on application without regard to subchapter II of chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations, and use of facilities and equipment, required under this section. When rail carriers do not agree on the terms of compensation under this section, the Board may establish the terms for them. The Board may act under subsection (a) before conducting a proceeding under this paragraph.
(3)
(A) Except as provided in subparagraph (B), when a rail carrier is directed under this section to operate the lines of another rail carrier due to that carrier’s cessation of operations, compensation for the directed operations shall derive only from revenues generated by the directed operations.
(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.
**(c)**
(1) The Board may extend any action taken under subsection (a) of this section beyond 30 days if the Board finds that a transportation emergency described in subsection (a) continues to exist. Action by the Board under subsection (a) of this section may not remain in effect for more than 240 days beyond the initial 30-day period.
(2) The Board may not take action under this section that would—
(A) cause a rail carrier to operate in violation of this part; or
(B) impair substantially the ability of a rail carrier to serve its own customers adequately, or to fulfill its common carrier obligations.
(3) A rail carrier directed by the Board to take action under this section is not responsible, as a result of that action, for debts of any other rail carrier.
(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless—
(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and
(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.
**(d)** In carrying out this section, the Board shall require, to the maximum extent practicable, the use of employees who would normally have performed work in connection with the traffic subject to the action of the Board.
**(e)** For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Board’s jurisdiction.
**(f)** For purposes of this section, the term “commuter rail passenger transportation” has the meaning given that term in section 24102(4).11 See References in Text note below.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “auto-ferry transportation” means intercity rail passenger transportation—
(A) of automobiles or recreational vehicles and their occupants; and
(B) when space is available, of used unoccupied vehicles.
(2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations.
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(5) “long-distance route” means a route described in subparagraph (C) of paragraph (7).
(6) “National Network” includes long-distance routes and State-supported routes.
(7) “national rail passenger transportation system” means—
(A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
(B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by—
(i) Amtrak; or
(ii) another rail carrier that receives funds under chapter 229.
(8) “Northeast Corridor” means Con
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not agree or combine with another of those rail carriers to pool or divide traffic or services or any part of their earnings without the approval of the Board under this section or [section 11123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11123&num=0&edition=prelim). The Board may approve and authorize the agreement or combination if the rail carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
**(b)** The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.
**(c)** The Board may begin a proceeding under this section on its own initiative or on application.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11322
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Federal law — U.S. Code and appendices · legal_authorities
Page 445
TITLE 49—TRANSPORTATION
§ 11123
(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.)
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
§ 11123. Situations requiring immediate action to
serve the public
(a) When the Board determines that shortage
of equipment, congestion of traffic, unauthor-
ized cessation of operations, failure of existing
commuter rail passenger transportation oper-
ations caused by a cessation of service by the
National Railroad Passenger Corporation, or
other failure of traffic movement exists which
creates an emergency situation of such mag-
nitude as to have substantial adverse effects on
shippers, or on rail service in a region of the
United States, or that a rail
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11123
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.