§11124. Rerouting traffic on failure of rail carrier to serve the public
(a) When the Interstate Commerce Commission considers that a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title cannot transport the traffic offered to it in a manner that properly serves the public, the Commission may direct the handling, routing, and movement of the traffic of that carrier and its distribution over other railroad lines to promote commerce and service to the public. Subject to subsection (b)(2) of this section, the carriers may establish the terms of compensation between themselves.
(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 the terms of compensation under this section, the Commission may establish the terms for them in a later proceeding.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11124 | 49:1(16) (related to traffic less (b)). | Feb. 4, 1887, ch. 104, §1(16) (related to traffic less (b)), |
In subsection (a), the words "When . . . considers" are substituted for "Whenever . . . is of the opinion" for clarity.
Subsection (b), and the cross reference to it in subsection (a), constitute a restatement of the procedure required to be followed under the cross reference to 49:1(15) in 49:1(16)(a). The words "just and reasonable" are omitted as unnecessary.
In subsection (b)(2), the word "proceeding" is substituted for "hearing" to conform to the style of the revised title.
Section Referred to in Other Sections
This section is referred to in sections 11121, 11126, 11342, 11901 of this title.