§11123. Situations requiring immediate action

(a)(1) When the Interstate Commerce Commission finds that a shortage of equipment, congestion of traffic, or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days-

(A) suspend any car service rule or practice;

(B) take action during the emergency to promote service in the interest of the public and of commerce regardless of the ownership (as between carriers) of a locomotive, car, or other vehicle on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section;

(C) require joint or common use of facilities, on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section, when that action will best meet the emergency and serve the public interest; and

(D) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits.

(2) The Commission may extend any action taken under paragraph (1) of this subsection beyond the thirty-day period provided in such paragraph only if the full Commission, after a hearing, certifies that a transportation emergency exists.

(3) In carrying out the provisions of this subsection, the Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with the traffic subject to the action of the Commission.

(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on application without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5.

(2) When the carriers do not agree on terms of compensation under subsection (a)(2) of this section or on terms for joint or common use of terminals under subsection (a)(3) of this section, the Commission may establish for them in a later proceeding terms of compensation the Commission finds to be reasonable.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1422 ; Pub. L. 96–448, title II, §226, Oct. 14, 1980, 94 Stat. 1930 .)

In subsection (a), before clause (1), the words "When . . . considers" are substituted for "Whenever . . . is of the opinion" for clarity. The word "may" is substituted for "shall have, and it is given, authority" to conform to the style of the revised title.

In subsection (a)(1), the word "regulations" is omitted as surplus.

In subsection (a)(2), the words "take action" are substituted for "make such just and reasonable directions" for clarity.

In subsection (a)(4), the words "at such time and for such period as it may determine, and to modify, change, suspend, or annul them" are omitted as surplus.

Subsection (b) restates the procedural requirements for emergency action for clarity. The word "application" is substituted for "complaint" for consistency.

Amendments

1980-Subsec. (a). Pub. L. 96–448 designated existing provision as par. (1), substituted "Commission finds" for "Commission considers" and "or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days" for "or other emergency requiring immediate action exists in a section of the United States, the Commission may", redesignated former pars. (1) to (4) as subpars. (A) to (D) of par. (1) as so designated, respectively, and in subpar. (C) as so redesignated, substituted "facilities" for "terminals, including mainline tracks for a reasonable distance outside of those terminals", and added pars. (2) and (3).

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 10713, 11121, 11126, 11128, 11901 of this title.