
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: 49USC11123]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 111--OPERATIONS
 
                       SUBCHAPTER II--CAR SERVICE
 
Sec. 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, 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; or
        (4) give directions for--
            (A) preference or priority in transportation;
            (B) embargoes; or
            (C) movement of traffic under permits.

    (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) 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.
    (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.
    (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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
833.)


                            Prior Provisions

    A prior section 11123, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1422; 
Pub. L. 96-448, title II, Sec. 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, Sec. 102(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 11121, 11322, 11901 of this 
title.
