49 U.S.C. § 11162 — Rail carrier cost accounting system

Page 448 TITLE 49—TRANSPORTATION § 11161 Editorial Notes PRIOR PROVISIONS A prior section 11145, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1427; Pub. L. 96–296, § 5(b), July 1, 1980, 94 Stat. 796, related to reports by carriers, lessors, and associations, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See sections 11145, 14123, and 15723 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. SUBCHAPTER IV—RAILROAD COST ACCOUNTING § 11161. Implementation of cost accounting prin- ciples The Board shall periodically review its cost accounting rules and shall make such changes in those rules as are required to achieve the regu- latory purposes of this part. The Board shall in- sure that the rules promulgated under this sec- tion are the most efficient and least burdensome means by which the required information may be developed for regulatory purposes. To the maximum extent practicable, the Board shall conform such rules to generally accepted ac- counting principles. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 835.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11163 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11161, added Pub. L. 96–448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1934, related to Railroad Accounting Principles Board, 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. § 11162. Rail carrier cost accounting system (a) Each rail carrier shall have and maintain a cost accounting system that is in compliance with the rules promulgated by the Board under section 11161 of this title. A rail carrier may, after notifying the Board, make modifications in such system unless, within 60 days after the date of notification, the Board finds such modi- fications to be inconsistent with the rules pro- mulgated by the Board under section 11161 of this title. (b) For purposes of determining whether the cost accounting system of a rail carrier is in compliance with the rules promulgated by the Board, the Board shall have the right to exam- ine and make copies of any documents, papers, or records of such rail carrier relating to com- pliance with such rules. Such documents, pa- pers, and records (and any copies thereof) shall not be subject to the mandatory disclosure re- quirements of section 552 of title 5. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 836.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11164 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11162, added Pub. L. 96–448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1935; amended Pub. L. 103–272, § 4(j)(30), July 5, 1994, 108 Stat. 1370, related to cost accounting principles, 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. § 11163. Cost availability As required by the rules of the Board gov- erning discovery in Board proceedings, rail car- riers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Board proceeding in which such data are required. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 836.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 11165 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11163, added Pub. L. 96–448, title III, § 302(a), Oct. 14, 1980, 94 Stat. 1936; amended Pub. L. 103–272, § 4(j)(31), July 5, 1994, 108 Stat. 1370, related to implementation of cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 11161 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. § 11164. Accounting and cost reporting To obtain expense and revenue information for regulatory purposes, the Board may promulgate reasonable rules for rail carriers providing transportation subject to the jurisdiction of the Board under this part, prescribing expense and revenue accounting and reporting requirements consistent with generally accepted accounting principles uniformly applied to such carriers. Such requirements shall be cost effective and compatible with and not duplicative of the man- agerial and responsibility accounting require- ments of those carriers. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 836.)