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49 U.S.C. § 11102 — Use of terminal facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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 carrie
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11102
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Source file: Laws/federal/codes/united-states-code/title-49/section-11102-use-of-terminal-facilities--a11302203a.md
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Passage SHA-256: 45797d57a0097fddbc0af393459cd0075d3d8433aae397912962ffa05b0dca1d
Source location: Title 49, Chapter 111, § 11102; chapter-111-operations.md
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**(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.
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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)** 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11701&num=0&edition=prelim). 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11103
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Federal law — U.S. Code and appendices · legal_authorities
Page 443
TITLE 49—TRANSPORTATION
§ 11102
service terms. The response by a rail carrier to
a request for the carrier’s rates and other serv-
ice terms shall be—
(1) in writing and forwarded to the request-
ing person promptly after receipt of the re-
quest; or
(2) promptly made available in electronic
form.
(c) A rail carrier may not increase any com-
mon 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 agricul-
tural 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 pro-
posed and actual changes to such rates and serv-
ice terms. For purposes of this subsection, agri-
cultural products shall include grain as defined
in section 3 of the United States Grain Stand-
ards 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 serv-
ice 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 dis-
semination of rates and service terms, including
classifications, rules, and practices, and their ef-
fective dates. Final regulations shall be ado
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 11102
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