49 U.s.c. 10910

Page 315

proposed to be located on land within any unit
of or land affiliated with the National Park
System, the National Wildlife Refuge System,
the National Wilderness Preservation System,
the National Trails System, the National Wild
and Scenic Rivers System, a National Reserve,
a National Monument, or lands referenced in
Public Law 108–421 for which a State has implemented a conservation management plan, if
operation of the facility would be inconsistent
with restrictions placed on such land.
(d) CONSIDERATIONS.—When evaluating an application under this section, the Board shall
consider and give due weight to the following, as
applicable:
(1) the land-use, zoning, and siting regulations or solid waste planning requirements of
the State or State subdivision in which the facility is or will be located that are applicable
to solid waste transfer facilities, including
those that are not owned or operated by or on
behalf of a rail carrier;
(2) the land-use, zoning, and siting regulations or solid waste planning requirements applicable to the property where the solid waste
rail transfer facility is proposed to be located;
(3) regional transportation planning requirements developed pursuant to Federal and
State law;
(4) regional solid waste disposal plans developed pursuant to State or Federal law;
(5) any Federal and State environmental
protection laws or regulations applicable to
the site;
(6) any unreasonable burdens imposed on the
interstate transportation of solid waste by
railroad, or the potential for discrimination
against the railroad transportation of solid
waste, a solid waste rail transfer facility, or a
rail carrier that owns or operates such a facility; and
(7) any other relevant factors, as determined
by the Board.
(e) EXISTING FACILITIES.—Upon the granting
of 2 petition from the State in which a solid
waste rail transfer facility is operating as of the
date of enactment of the Clean Railroads Act of
2008 by the Board, the facility shall submit a
complete application for a siting permit to the
Board pursuant to the procedures issued pursuant to subsection (b). No State may enforce a
law, regulation, order, or other requirement affecting the siting of a facility that is operating
as of the date of enactment of the Clean Railroads Act of 2008 until the Board has approved or
denied a permit pursuant to subsection (c).
(f) EFFECT OF LAND-USE EXEMPTION.—If the
Board grants a land-use exemption to a solid
waste rail transfer facility, all State laws, regulations, orders, or other requirements affecting
the siting of a facility are preempted with regard to that facility. An exemption may require
compliance with such State laws, regulations,
orders, or other requirements.
(g) INJUNCTIVE RELIEF.—Nothing in this section precludes a person from seeking an injunction to enjoin a solid waste rail transfer facility
from being constructed or operated by or on be2 So

§ 11101

TITLE 49—TRANSPORTATION

in original. Probably should be followed by ‘‘a’’.

half of a rail carrier if that facility has materially violated, or will materially violate, its
land-use exemption or if it failed to receive a
valid land-use exemption under this section.
(h) FEES.—The Board may charge permit applicants reasonable fees to implement this section, including the costs of third-party consultants.
(i) DEFINITIONS.—In this section the terms
‘‘solid waste’’, ‘‘solid waste rail transfer facility’’, and ‘‘State requirements’’ have the meaning given such terms in section 10908(e).
(Added Pub. L. 110–432, div. A, title VI, § 604(a),
Oct. 16, 2008, 122 Stat. 4903.)
REFERENCES IN TEXT
The date of enactment of the Clean Railroads Act of
2008, referred to in subsecs. (a)(2), (b), and (e), is the
date of enactment of title VI of div. A of Pub. L.
110–432, which was approved Oct. 16, 2008.
Public Law 108–421, referred to in subsec. (c)(2), is
Pub. L. 108–421, Nov. 30, 2004, 118 Stat. 2375, known as
the Highlands Conservation Act, which is not classified
to the Code.

§ 10910. Effect on other statutes and authorities
Nothing in section 10908 or 10909 is intended to
affect the traditional police powers of the State
to require a rail carrier to comply with State
and local environmental, public health, and public safety standards that are not unreasonably
burdensome to interstate commerce and do not
discriminate against rail carriers.
(Added Pub. L. 110–432, div. A, title VI, § 605(a),
Oct. 16, 2008, 122 Stat. 4905.)
CHAPTER 111—OPERATIONS
SUBCHAPTER I—GENERAL REQUIREMENTS
Sec.

11101.
11102.
11103.

Common carrier transportation, service, and
rates.
Use of terminal facilities.
Switch connections and tracks.
SUBCHAPTER II—CAR SERVICE

11121.
11122.
11123.
11124.

Criteria.
Compensation and practice.
Situations requiring immediate action to
serve the public.
War emergencies; embargoes imposed by carriers.

SUBCHAPTER III—REPORTS AND RECORDS
11141.
11142.
11143.
11144.
11145.

Definitions.
Uniform accounting system.
Depreciation charges.
Records: form; inspection; preservation.
Reports by rail carriers, lessors, and associations.

SUBCHAPTER IV—RAILROAD COST ACCOUNTING
11161.
11162.
11163.
11164.

Implementation of cost accounting
ciples.
Rail carrier cost accounting system.
Cost availability.
Accounting and cost reporting.

prin-

SUBCHAPTER I—GENERAL REQUIREMENTS
§ 11101. Common carrier transportation, service,
and rates
(a) A rail carrier providing transportation or
service subject to the jurisdiction of the Board