49 U.S.C. § 11144 — Records: form; inspection; preservation

Page 447 TITLE 49—TRANSPORTATION § 11145 § 11142. Uniform accounting system The Board may prescribe a uniform account- ing system for classes of rail carriers providing transportation subject to the jurisdiction of the Board under this part. To the maximum extent practicable, the Board shall conform such sys- tem to generally accepted accounting principles, and shall administer this subchapter in accord- ance with such principles. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 834.) Editorial Notes PRIOR PROVISIONS A prior section 11142, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 96–448, title III, § 301, Oct. 14, 1980, 94 Stat. 1934, related to uniform accounting system, 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. § 11143. Depreciation charges The Board shall, for a class of rail carriers providing transportation subject to its jurisdic- tion under this part, prescribe, and change when necessary, those classes of property for which depreciation charges may be included under op- erating expenses and a rate of depreciation that may be charged to a class of property. The Board may classify those rail carriers for pur- poses of this section. A rail carrier for whom de- preciation charges and rates of depreciation are in effect under this section for any class of prop- erty may not— (1) charge to operating expenses a deprecia- tion charge on a class of property other than that prescribed by the Board; (2) charge another rate of depreciation; or (3) include other depreciation charges in op- erating expenses. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 834.) Editorial Notes PRIOR PROVISIONS A prior section 11143, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426, related to depreciation charges, 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. § 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 re- ceipts 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 finan- cial 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.) Editorial Notes 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 sub- title by Pub. L. 104–88, § 102(a). See sections 11144, 14122, and 15722 of this title. 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. § 11145. Reports by rail carriers, lessors, and as- sociations (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 an- swers to questions about those cars. (b)(1) An annual report shall contain an ac- count, in as much detail as the Board may re- quire, 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 un- less the Board extends the filing date or changes the period covered by the report. The annual re- port 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.)