
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11102]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 111--OPERATIONS
 
                   SUBCHAPTER I--GENERAL REQUIREMENTS
 
Sec. 11102. Use of terminal facilities

    (a) The Board may require terminal facilities, including main-line 
tracks for a reasonable distance outside of a terminal, owned by a rail 
carrier providing transportation subject to the jurisdiction of the 
Board under this part, to be used by another rail carrier if the Board 
finds that use to be practicable and in the public interest without 
substantially impairing the ability of the rail carrier owning the 
facilities or entitled to use the facilities to handle its own business. 
The rail carriers are responsible for establishing the conditions and 
compensation for use of the facilities. However, if the rail carriers 
cannot agree, the Board may establish conditions and compensation for 
use of the facilities under the principle controlling compensation in 
condemnation proceedings. The compensation shall be paid or adequately 
secured before a rail carrier may begin to use the facilities of another 
rail carrier under this section.
    (b) A rail carrier whose terminal facilities are required to be used 
by another rail carrier under this section is entitled to recover 
damages from the other rail carrier for injuries sustained as the result 
of compliance with the requirement or for compensation for the use, or 
both as appropriate, in a civil action, if it is not satisfied with the 
conditions for use of the facilities or if the amount of the 
compensation is not paid promptly.
    (c)(1) The Board may require rail carriers to enter into reciprocal 
switching agreements, where it finds such agreements to be practicable 
and in the public interest, or where such agreements are necessary to 
provide competitive rail service. The rail carriers entering into such 
an agreement shall establish the conditions and compensation applicable 
to such agreement, but, if the rail carriers cannot agree upon such 
conditions and compensation within a reasonable period of time, the 
Board may establish such conditions and compensation.
    (2) The Board may require reciprocal switching agreements entered 
into by rail carriers pursuant to this subsection to contain provisions 
for the protection of the interests of employees affected thereby.
    (d) The Board shall complete any proceeding under subsection (a) or 
(b) within 180 days after the filing of the request for relief.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
831.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11103 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
    A prior section 11102, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419, 
related to classification of carriers, prior to the general amendment of 
this subtitle by Pub. L. 104-88, Sec. 102(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 10501, 10705 of this title.
