§10901. Authorizing construction and operation of railroad lines

(a) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title may-

(1) construct an extension to any of its railroad lines;

(2) construct an additional railroad line;

(3) acquire or operate an extended or additional railroad line; or

(4) provide transportation over, or by means of, an extended or additional railroad line;

only if the Commission finds that the present or future public convenience and necessity require or permit the construction or acquisition (or both) and operation of the railroad line.

(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Commission shall-

(1) send a copy of the application to the chief executive officer of each State that would be directly affected by the construction or operation of the railroad line;

(2) send an accurate and understandable summary of the application to a newspaper of general circulation in each area that would be affected by the construction or operation of the railroad line;

(3) have a copy of the summary published in the Federal Register;

(4) take other reasonable and effective steps to publicize the application; and

(5) indicate in each transmission and publication that each interested person is entitled to recommend to the Commission that it approve, deny, or take other action concerning the application.

(c)(1) If the Commission-

(A) finds public convenience and necessity, it may-

(i) approve the application as filed; or

(ii) approve the application with modifications and require compliance with conditions the Commission finds necessary in the public interest; or

(B) fails to find public convenience and necessity, it may deny the application.

(2) On approval, the Commission shall issue to the rail carrier a certificate describing the construction or acquisition (or both) and operation approved by the Commission.

(d)(1) Where a rail carrier has been issued a certificate of public convenience and necessity by the Commission authorizing the construction or extension of a railroad line, no other rail carrier may block such construction or extension by refusing to permit the carrier to cross its property if (A) the construction does not unreasonably interfere with the operation of the crossed line, (B) the operation does not materially interfere with the operation of the crossed line, and (C) the owner of the crossing line compensates the owner of the crossed line.

(2) If the carriers are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Commission for determination.

(e) The Commission may require any rail carrier proposing both to construct and operate a new railroad line pursuant to this section to provide a fair and equitable arrangement for the protection of the interests of railroad employees who may be affected thereby no less protective of and beneficial to the interests of such employees than those established pursuant to section 11347 of this title.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402 ; Pub. L. 96–448, title II, §221, Oct. 14, 1980, 94 Stat. 1928 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10901(a)	49:1(18)(a) (less words related to certificates and less last sentence).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §1(18)(a), (b); added Feb. 28, 1920, ch. 91, §402, 41 Stat. 477 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Sept. 18, 1940, ch. 722, §4(c), 54 Stat. 902 ; restated Feb. 5, 1976, Pub. L. 94–210, §801(a), 90 Stat. 125 .
10901(b)	49:1(18)(a) (last sentence).
10901(c)	49:1(18)(a) (related to certificates), (b).

In subsection (a)(1) and (2), the word "undertake" is omitted as unnecessary.

In subsection (a), after clause (4), the words "such extended or additional" are omitted as surplus. The words "or acquisition (or both)" are inserted for clarity and consistency with clause (3).

In subsection (b), the first sentence is inserted for clarity. The word "deny" is substituted for "disapprove" for consistency.

In the introductory matter of subsection (c), before clause (1), the first 2 sentences of 49:1(18)(b) are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations. The words "terms and" are omitted as unnecessary.

In subsection (c)(2), the words "or acquisition (or both)" are inserted for clarity and consistency with subsection (a).

Amendments

1980-Subsec. (a). Pub. L. 96–448, §221(a), substituted "permit" for "will be enhanced by" in provision after par. (4).

Subsecs. (d), (e). Pub. L. 96–448, §221(b), added subsecs. (d) and (e).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10503, 10902, 10907, 11126, 11505, 11702, 11901 of this title; title 45 section 904.