49 U.S.C. § 11101 — Common carrier transportation, service,

Page 442 TITLE 49—TRANSPORTATION § 10910 waste, a solid waste rail transfer facility, or a rail carrier that owns or operates such a facil- ity; and (7) any other relevant factors, as determined by the Board. (e) EXISTING FACILITIES.—Upon the granting of a 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 com- plete application for a siting permit to the Board pursuant to the procedures issued pursu- ant to subsection (b). No State may enforce a law, regulation, order, or other requirement af- fecting the siting of a facility that is operating as of the date of enactment of the Clean Rail- roads 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, regu- lations, orders, or other requirements affecting the siting of a facility are preempted with re- gard to that facility. An exemption may require compliance with such State laws, regulations, orders, or other requirements. (g) INJUNCTIVE RELIEF.—Nothing in this sec- tion precludes a person from seeking an injunc- tion to enjoin a solid waste rail transfer facility from being constructed or operated by or on be- half of a rail carrier if that facility has materi- ally 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 ap- plicants reasonable fees to implement this sec- tion, including the costs of third-party consult- ants. (i) DEFINITIONS.—In this section the terms ‘‘solid waste’’, ‘‘solid waste rail transfer facil- ity’’, and ‘‘State requirements’’ have the mean- ing given such terms in section 10908(e). (Added Pub. L. 110–432, div. A, title VI, § 604(a), Oct. 16, 2008, 122 Stat. 4903; amended Pub. L. 114–94, div. A, title XI, § 11316(b), Dec. 4, 2015, 129 Stat. 1676.) 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. Editorial Notes PRIOR PROVISIONS For prior section 10909, see note set out under section 10907 of this title. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94, § 11316(b)(1), sub- stituted ‘‘Clean Railroads Act of 2008’’ for ‘‘Clean Rail- road Act of 2008’’ in introductory provisions. Subsec. (e). Pub. L. 114–94, § 11316(b)(2), substituted ‘‘Upon the granting of a petition from the State’’ for ‘‘Upon the granting of petition from the State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 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 pub- lic 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.) Editorial Notes PRIOR PROVISIONS For prior section 10910, see note set out under section 10907 of this title. CHAPTER 111—OPERATIONS SUBCHAPTER I—GENERAL REQUIREMENTS Sec. 11101. Common carrier transportation, service, and rates. 11102. Use of terminal facilities. 11103. Switch connections and tracks. SUBCHAPTER II—CAR SERVICE 11121. Criteria. 11122. Compensation and practice. 11123. Situations requiring immediate action to serve the public. 11124. War emergencies; embargoes imposed by car- riers. SUBCHAPTER III—REPORTS AND RECORDS 11141. Definitions. 11142. Uniform accounting system. 11143. Depreciation charges. 11144. Records: form; inspection; preservation. 11145. Reports by rail carriers, lessors, and associa- tions. SUBCHAPTER IV—RAILROAD COST ACCOUNTING 11161. Implementation of cost accounting prin- ciples. 11162. Rail carrier cost accounting system. 11163. Cost availability. 11164. Accounting and cost reporting. 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- quests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not rea- sonable. (b) A rail carrier shall also provide to any per- son, on request, the carrier’s rates and other 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.