49 U.s.c. 11123

Page 311

§ 11123

TITLE 49—TRANSPORTATION

§ 11123. Situations requiring immediate action to
serve the public
(a) When the Board determines that shortage
of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing
commuter rail passenger transportation operations caused by a cessation of service by the
National Railroad Passenger Corporation, or
other failure of traffic movement exists which
creates an emergency situation of such magnitude as to have substantial adverse effects on
shippers, or on rail service in a region of the
United States, or that a rail carrier providing
transportation subject to the jurisdiction of the
Board under this part cannot transport the traffic offered to it in a manner that properly serves
the public, the Board may, to promote commerce and service to the public, for a period not
to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad
facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight
or commuter rail passenger transportation operations caused by a cessation of service by
the National Railroad Passenger Corporation,
direct the continuation of the operations and
dispatching, maintenance, and other necessary
infrastructure functions related to the operations.
(b)(1) Except with respect to proceedings under
paragraph (2) of this subsection, the Board may
act under this section on its own initiative or on
application without regard to subchapter II of
chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations,
and use of facilities and equipment, required
under this section. When rail carriers do not
agree on the terms of compensation under this
section, the Board may establish the terms for
them. The Board may act under subsection (a)
before conducting a proceeding under this paragraph.
(3)(A) Except as provided in subparagraph (B),
when a rail carrier is directed under this section
to operate the lines of another rail carrier due
to that carrier’s cessation of operations, compensation for the directed operations shall derive only from revenues generated by the directed operations.
(B) In the case of a failure of existing freight
or commuter rail passenger transportation operations caused by a cessation of service by the
National Railroad Passenger Corporation, the
Board shall provide funding to fully reimburse
the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased
insurance premiums. The Board shall order complete indemnification against any and all claims
associated with the provision of service to which
the directed rail carrier may be exposed.

(c)(1) The Board may extend any action taken
under subsection (a) of this section beyond 30
days if the Board finds that a transportation
emergency described in subsection (a) continues
to exist. Action by the Board under subsection
(a) of this section may not remain in effect for
more than 240 days beyond the initial 30-day period.
(2) The Board may not take action under this
section that would—
(A) cause a rail carrier to operate in violation of this part; or
(B) impair substantially the ability of a rail
carrier to serve its own customers adequately,
or to fulfill its common carrier obligations.
(3) A rail carrier directed by the Board to take
action under this section is not responsible, as a
result of that action, for debts of any other rail
carrier.
(4) In the case of a failure of existing freight
or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the
Board may not direct a rail carrier to undertake
activities under subsection (a) to continue such
operations unless—
(A) the Board first affirmatively finds that
the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and
(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3)
is provided in advance in appropriations Acts.
(d) In carrying out this section, the Board
shall require, to the maximum extent practicable, the use of employees who would normally have performed work in connection with
the traffic subject to the action of the Board.
(e) For purposes of this section, the National
Railroad Passenger Corporation and any entity
providing commuter rail passenger transportation shall be considered rail carriers subject
to the Board’s jurisdiction.
(f) For purposes of this section, the term
‘‘commuter rail passenger transportation’’ has
the meaning given that term in section 24102(4).1
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 833; amended Pub. L. 108–199, div.
F, title I, § 150(1), Jan. 23, 2004, 118 Stat. 302.)
REFERENCES IN TEXT
Section 24102 of this title, referred to in subsec. (f),
was subsequently amended, and section 24102(4) no
longer defines ‘‘commuter rail passenger transportation’’. However, such term is defined elsewhere in
that section.
PRIOR PROVISIONS
A prior section 11123, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1422; Pub. L. 96–448, title II, § 226, Oct. 14, 1980, 94
Stat. 1930, related to situations requiring immediate
action, prior to the general amendment of this subtitle
by Pub. L. 104–88, § 102(a).
AMENDMENTS
2004—Subsec.
serted ‘‘failure
transportation
service by the
1 See

(a). Pub. L. 108–199, § 150(1)(A)(i), inof existing commuter rail passenger
operations caused by a cessation of
National Railroad Passenger Corpora-

References in Text note below.

§ 11124

TITLE 49—TRANSPORTATION

tion,’’ after ‘‘cessation of operations,’’ in introductory
provisions.
Subsec. (a)(5). Pub. L. 108–199, § 150(1)(A)(ii)–(iv),
added par. (5).
Subsec. (b)(3). Pub. L. 108–199, § 150(1)(B), designated
existing provisions as subpar. (A), substituted ‘‘Except
as provided in subparagraph (B), when’’ for ‘‘When’’,
and added subpar. (B).
Subsec. (c)(4). Pub. L. 108–199, § 150(1)(C), added par.
(4).
Subsecs. (e), (f). Pub. L. 108–199, § 150(1)(D), added subsecs. (e) and (f).

§ 11124. War emergencies; embargoes imposed by
carriers
(a)(1) When the President, during time of war
or threatened war, notifies the Board that it is
essential to the defense and security of the
United States to give preference or priority to
the movement of certain traffic, the Board shall
direct that preference or priority be given to
that traffic.
(2) When the President, during time of war or
threatened war, demands that preference and
precedence be given to the transportation of
troops and material of war over all other traffic,
all rail carriers providing transportation subject
to the jurisdiction of the Board under this part
shall adopt every means within their control to
facilitate and expedite the military traffic.
(b) An embargo imposed by any such rail carrier does not apply to shipments consigned to
agents of the United States Government for its
use. The rail carrier shall deliver those shipments as promptly as possible.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 834.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 11128 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Prior sections 11124 to 11128 were omitted in the general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).
Section 11124, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1422, related to rerouting traffic on failure of rail carrier to serve the public.
Section 11125, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1423; Pub. L. 98–216, § 2(15), Feb. 14, 1984, 98 Stat. 5; Pub.
L. 103–272, § 5(m)(28), July 5, 1994, 108 Stat. 1378, related
to directed rail transportation.
Section 11126, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1424; Pub. L. 103–272, § 5(m)(29), July 5, 1994, 108 Stat.
1378, related to distribution of coal cars.
Section 11127, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1424; Pub. L. 99–521, § 9(b)(1), (2), Oct. 22, 1986, 100 Stat.
2997, related to service of household goods freight forwarders.
Section 11128, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1425, related to war emergencies and embargoes imposed by carriers. See section 11124 of this title.

SUBCHAPTER III—REPORTS AND RECORDS
§ 11141. Definitions
In this subchapter—
(1) the terms ‘‘rail carrier’’ and ‘‘lessor’’ include a receiver or trustee of a rail carrier and
lessor, respectively;
(2) the term ‘‘lessor’’ means a person owning
a railroad that is leased to and operated by a
carrier providing transportation subject to the
jurisdiction of the Board under this part; and

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(3) the term ‘‘association’’ means an organization maintained by or in the interest of a
group of rail carriers providing transportation
or service subject to the jurisdiction of the
Board under this part that performs a service,
or engages in activities, related to transportation under this part.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 834.)
PRIOR PROVISIONS
A prior section 11141, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1425; Pub. L. 99–521, § 9(c), Oct. 22, 1986, 100 Stat.
2997, defined terms for purposes of former sections 11141
to 11145 of this title, prior to the general amendment of
this subtitle by Pub. L. 104–88, § 102(a). See sections
11141, 14121, and 15721 of this title.

§ 11142. Uniform accounting system
The Board may prescribe a uniform accounting system for classes of rail carriers providing
transportation subject to the jurisdiction of the
Board under this part. To the maximum extent
practicable, the Board shall conform such system to generally accepted accounting principles,
and shall administer this subchapter in accordance with such principles.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 834.)
PRIOR PROVISIONS
A prior section 11142, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1425; Pub. L. 96–448, title III, § 301, Oct. 14, 1980, 94
Stat. 1934, related to uniform accounting system, prior
to the general amendment of this subtitle by Pub. L.
104–88, § 102(a).

§ 11143. Depreciation charges
The Board shall, for a class of rail carriers
providing transportation subject to its jurisdiction under this part, prescribe, and change when
necessary, those classes of property for which
depreciation charges may be included under operating expenses and a rate of depreciation that
may be charged to a class of property. The
Board may classify those rail carriers for purposes of this section. A rail carrier for whom depreciation charges and rates of depreciation are
in effect under this section for any class of property may not—
(1) charge to operating expenses a depreciation charge on a class of property other than
that prescribed by the Board;
(2) charge another rate of depreciation; or
(3) include other depreciation charges in operating expenses.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29,
1995, 109 Stat. 834.)
PRIOR PROVISIONS
A prior section 11143, Pub. L. 95–473, Oct. 17, 1978, 92
Stat. 1426, related to depreciation charges, prior to the
general amendment of this subtitle by Pub. L. 104–88,
§ 102(a).

§ 11144. Records: form; inspection; preservation
(a) The Board may prescribe the form of
records required to be prepared or compiled
under this subchapter—
(1) by rail carriers and lessors, including
records related to movement of traffic and receipts and expenditures of money; and