49 U.S.C. § 11102 — Use of terminal facilities

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 adopted by the Board not later than 180 days after Janu- ary 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.) Editorial Notes 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. AMENDMENTS 1996—Subsec. (f). Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for ‘‘the effective date of the ICC Termination Act of 1995’’. 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. § 11102. Use of terminal facilities (a) The Board may require terminal facilities, including main-line tracks for a reasonable dis- tance outside of a terminal, owned by a rail car- rier providing transportation subject to the ju- risdiction 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 in- terest without substantially impairing the abil- ity of the rail carrier owning the facilities or en- titled to use the facilities to handle its own business. The rail carriers are responsible for es- tablishing the conditions and compensation for use of the facilities. However, if the rail carriers cannot agree, the Board may establish condi- tions 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 ap- propriate, 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 agree- ments 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 reason- able period of time, the Board may establish such conditions and compensation. (2) The Board may require reciprocal switch- ing agreements entered into by rail carriers pur- suant 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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). 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. Page 444 TITLE 49—TRANSPORTATION § 11103 § 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 car- rier providing transportation subject to the ju- risdiction of the Board under this part shall con- struct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its rail- road 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 con- nection— (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 sec- tion 11701 of this title. The Board shall inves- tigate the complaint and decide the safety, prac- ticability, 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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 gen- eral 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 sec- tion 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, re- lated 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. 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. 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 rea- sonable rules and practices on car service. The Board may require a rail carrier to provide fa- cilities and equipment that are reasonably nec- essary to furnish safe and adequate car service if the Board decides that the rail carrier has mate- rially 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 recov- ered; and (C) providing the facilities or equipment will not impair the ability of the rail carrier to at- tract 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.) 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 amend- ment 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. § 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 an- other carrier, shipper, or third person; and