
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11121]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 111--OPERATIONS
 
                       SUBCHAPTER II--CAR SERVICE
 
Sec. 11121. Criteria

    (a)(1) A rail carrier providing transportation subject to the 
jurisdiction of the Board under this part shall furnish safe and 
adequate car service and establish, observe, and enforce reasonable 
rules and practices on car service. The Board may require a rail carrier 
to provide facilities and equipment that are reasonably necessary to 
furnish safe and adequate car service if the Board decides that the rail 
carrier has materially failed to furnish that service. The Board may 
begin a proceeding under this paragraph when an interested person files 
an application with it. The Board may act only after a hearing on the 
record and an affirmative finding, based on the evidence presented, 
that--
        (A) providing the facilities or equipment will not materially 
    and adversely affect the ability of the rail carrier to provide safe 
    and adequate transportation;
        (B) the amount spent for the facilities or equipment, including 
    a return equal to the rail carrier's current cost of capital, will 
    be recovered; and
        (C) providing the facilities or equipment will not impair the 
    ability of the rail carrier to attract adequate capital.

    (2) The Board may require a rail carrier to file its car service 
rules with the Board.
    (b) The Board may designate and appoint agents and agencies to make 
and carry out its directions related to car service and matters under 
sections 11123 and 11124(a)(1) of this title.
    (c) The Board shall consult, as it considers necessary, with the 
National Grain Car Council on matters within the charter of that body.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
832.)


                            Prior Provisions

    A prior section 11121, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421; 
Pub. L. 96-258, Sec. 1(11), June 3, 1980, 94 Stat. 426, related to 
criteria of rail carriers to furnish safe and adequate car service, 
prior to the general amendment of this subtitle by Pub. L. 104-88, 
Sec. 102(a).
