§11121. Criteria

(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Commission may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service. The Commission may begin a proceeding under this paragraph when an interested person files an application with it. The Commission 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 carrier to provide safe and adequate transportation;

(B) the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recovered; and

(C) providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital.

(2) The Commission may require a rail carrier to-

(A) file its car service rules with the Commission; and

(B) incorporate those rules in its tariffs.

(b) The Commission may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123–11125, 11127, and 11128(a)(1) of this title.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421 ; Pub. L. 96–258, §1(11), June 3, 1980, 94 Stat. 426 .)

In the first sentence of subsection (a), the word "shall" is substituted for "It shall be the duty of" in 49:1(11). The words "just", "regulations", and "is prohibited and declared to be unlawful" are omitted as surplus.

In the second sentence of subsection (a), the words "by general or special orders", "all", "any of", "from time to time", "regulations", "in its discretion", "showing", and "be subject to any or all of the provisions of this chapter relating thereto" in 49:1(13) are omitted as surplus. The word "tariffs" is substituted for "schedules" for consistency and in view of the definition of "tariff" in section 10102 of the revised title.

In subsection (b), the cross references are substituted for "paragraphs (15) and (16)" to cite the corresponding sections of the revised title.

This amends section 11121(a) by adding 49:1(14)(b) to the section.

The first sentence of subsection (a)(1) and all of subsection (a)(2) restate section 11121(a) of title 49 without change.

In the 2d, 3d, and last sentences of subsection (a)(1), the provision added by Public Law 95–607 is restated. The word "decides" is substituted for "finds" for accuracy. The 3d sentence is substituted for "upon the petition of an interested party" for consistency. The words "The Commission may only act after a hearing on the record" are substituted for "after notice and hearing on the record" for clarity and to omit the reference to "notice" because it is unnecessary as section 554 of title 5 applies to the proceeding and because of the Due Process clause of the 5th Amendment. The words "as required by paragraph (11) of this section" are omitted because of the restatement. The words "on the evidence presented" are substituted for "if the evidence of record" for clarity. The word "services" is omitted as surplus because of the definition of "transportation" in section 10102 of the revised title. The words "amount spent" are substituted for "expenditure" for clarity.

Amendments

1980-Subsec. (a). Pub. L. 96–258 amended subsec. (a) generally, inserting provisions authorizing the Commission to require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service, authorizing the Commission to begin a proceeding when an interested person files an application with it, and directing that the Commission may only act after a hearing on the record and an affirmative finding, based on the evidence presented, that providing the facilities or equipment will not materially and adversely affect the ability of the carrier to provide safe and adequate transportation, that the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recovered, and that providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital.

Section Referred to in Other Sections

This section is referred to in section 11126 of this title.