US (United States) Code. Tittle 49. Subtitle IV: Interstate Transportation. Part A: Rail. Chapter 111: Operations

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 111 - OPERATIONS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

-HEAD-

CHAPTER 111 - OPERATIONS

-MISC1-

SUBCHAPTER I - GENERAL REQUIREMENTS

Sec.

11101. Common carrier transportation, service, and rates.

11102. Use of terminal facilities.

11103. Switch connections and tracks.

SUBCHAPTER II - CAR SERVICE

11121. Criteria.

11122. Compensation and practice.

11123. Situations requiring immediate action to serve the

public.

11124. War emergencies; embargoes imposed by carriers.

SUBCHAPTER III - REPORTS AND RECORDS

11141. Definitions.

11142. Uniform accounting system.

11143. Depreciation charges.

11144. Records: form; inspection; preservation.

11145. Reports by rail carriers, lessors, and associations.

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

11161. Implementation of cost accounting principles.

11162. Rail carrier cost accounting system.

11163. Cost availability.

11164. Accounting and cost reporting.

-End-

-CITE-

49 USC SUBCHAPTER I - GENERAL REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER I - GENERAL REQUIREMENTS

-HEAD-

SUBCHAPTER I - GENERAL REQUIREMENTS

-End-

-CITE-

49 USC Sec. 11101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER I - GENERAL REQUIREMENTS

-HEAD-

Sec. 11101. Common carrier transportation, service, and rates

-STATUTE-

(a) A rail carrier providing transportation or service subject to

the jurisdiction of the Board under this part shall provide the

transportation or service on reasonable request. A rail carrier

shall not be found to have violated this section because it

fulfills its reasonable commitments under contracts authorized

under section 10709 of this title before responding to reasonable

requests for service. Commitments which deprive a carrier of its

ability to respond to reasonable requests for common carrier

service are not reasonable.

(b) A rail carrier shall also provide to any person, on request,

the carrier's rates and other service terms. The response by a rail

carrier to a request for the carrier's rates and other service

terms shall be -

(1) in writing and forwarded to the requesting person promptly

after receipt of the request; or

(2) promptly made available in electronic form.

(c) A rail carrier may not increase any common carrier rates or

change any common carrier service terms unless 20 days have expired

after written or electronic notice is provided to any person who,

within the previous 12 months -

(1) has requested such rates or terms under subsection (b); or

(2) has made arrangements with the carrier for a shipment that

would be subject to such increased rates or changed terms.

(d) With respect to transportation of agricultural products, in

addition to the requirements of subsections (a), (b), and (c), a

rail carrier shall publish, make available, and retain for public

inspection its common carrier rates, schedules of rates, and other

service terms, and any proposed and actual changes to such rates

and service terms. For purposes of this subsection, agricultural

products shall include grain as defined in section 3 of the United

States Grain Standards Act (7 U.S.C. 75) and all products thereof,

and fertilizer.

(e) A rail carrier shall provide transportation or service in

accordance with the rates and service terms, and any changes

thereto, as published or otherwise made available under subsection

(b), (c), or (d).

(f) The Board shall, by regulation, establish rules to implement

this section. The regulations shall provide for immediate

disclosure and dissemination of rates and service terms, including

classifications, rules, and practices, and their effective dates.

Final regulations shall be adopted by the Board not later than 180

days after January 1, 1996.

-SOURCE-

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

Stat. 830; amended Pub. L. 104-287, Sec. 5(25), Oct. 11, 1996, 110

Stat. 3390.)

-MISC1-

PRIOR PROVISIONS

A prior section 11101, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1419; Pub. L. 96-258, Sec. 1(10), June 3, 1980, 94 Stat. 426; Pub.

L. 96-448, title II, Sec. 222, Oct. 14, 1980, 94 Stat. 1929; Pub.

L. 99-521, Sec. 9(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L.

103-180, Sec. 8, Dec. 3, 1993, 107 Stat. 2052, related to duties of

carriers to provide transportation and service, prior to the

general amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

See sections 11101, 13710, 14101, and 15701 of this title.

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-287 substituted "January 1, 1996"

for "the effective date of the ICC Termination Act of 1995".

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10709, 10904 of this

title.

-End-

-CITE-

49 USC Sec. 11102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER I - GENERAL REQUIREMENTS

-HEAD-

Sec. 11102. Use of terminal facilities

-STATUTE-

(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.

-SOURCE-

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

Stat. 831.)

-MISC1-

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

49 USC Sec. 11103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER I - GENERAL REQUIREMENTS

-HEAD-

Sec. 11103. Switch connections and tracks

-STATUTE-

(a) On application of the owner of a lateral branch line of

railroad, or of a shipper tendering interstate traffic for

transportation, a rail carrier providing transportation subject to

the jurisdiction of the Board under this part shall construct,

maintain, and operate, on reasonable conditions, a switch

connection to connect that branch line or private side track with

its railroad and shall furnish cars to move that traffic to the

best of its ability without discrimination in favor of or against

the shipper when the connection -

(1) is reasonably practicable;

(2) can be made safely; and

(3) will furnish sufficient business to justify its

construction and maintenance.

(b) If a rail carrier fails to install and operate a switch

connection after application is made under subsection (a) of this

section, the owner of the lateral branch line of railroad or the

shipper may file a complaint with the Board under section 11701 of

this title. The Board shall investigate the complaint and decide

the safety, practicability, justification, and compensation to be

paid for the connection. The Board may direct the rail carrier to

comply with subsection (a) of this section only after a full

hearing.

-SOURCE-

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

Stat. 831.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11104 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

Prior sections 11103 to 11111 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 11103, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1419; Pub.

L. 96-448, title II, Sec. 223, Oct. 14, 1980, 94 Stat. 1929,

related to use of terminal facilities. See section 11102 of this

title.

Section 11104, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1420,

related to switch connections and tracks. See section 11103 of this

title.

Section 11105, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1420,

related to protective services.

Section 11106, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1420,

related to identification of motor vehicles.

Section 11107, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1420; Pub.

L. 96-296, Sec. 15(d), July 1, 1980, 94 Stat. 809, related to

leased motor vehicles. See section 14102 of this title.

Section 11108, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421,

related to water carriers subject to unreasonable discrimination in

foreign transportation.

Section 11109, added Pub. L. 96-296, Sec. 15(a)(1), July 1, 1980,

94 Stat. 808, related to loading and unloading motor vehicles. See

section 14103 of this title.

Section 11110, added Pub. L. 96-454, Sec. 6(a)(1), Oct. 15, 1980,

94 Stat. 2015, related to household goods carrier operations. See

section 14104 of this title.

Section 11111, added Pub. L. 97-261, Sec. 25(d)(1), Sept. 20,

1982, 96 Stat. 1125, related to use of citizen band radios on

buses.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10501 of this title.

-End-

-CITE-

49 USC SUBCHAPTER II - CAR SERVICE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER II - CAR SERVICE

-HEAD-

SUBCHAPTER II - CAR SERVICE

-End-

-CITE-

49 USC Sec. 11121 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER II - CAR SERVICE

-HEAD-

Sec. 11121. Criteria

-STATUTE-

(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.

-SOURCE-

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

Stat. 832.)

-MISC1-

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).

-End-

-CITE-

49 USC Sec. 11122 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER II - CAR SERVICE

-HEAD-

Sec. 11122. Compensation and practice

-STATUTE-

(a) The regulations of the Board on car service shall encourage

the purchase, acquisition, and efficient use of freight cars. The

regulations may include -

(1) the compensation to be paid for the use of a locomotive,

freight car, or other vehicle;

(2) the other terms of any arrangement for the use by a rail

carrier of a locomotive, freight car, or other vehicle not owned

by the rail carrier using the locomotive, freight car, or other

vehicle, whether or not owned by another carrier, shipper, or

third person; and

(3) sanctions for nonobservance.

(b) The rate of compensation to be paid for each type of freight

car shall be determined by the expense of owning and maintaining

that type of freight car, including a fair return on its cost

giving consideration to current costs of capital, repairs,

materials, parts, and labor. In determining the rate of

compensation, the Board shall consider the transportation use of

each type of freight car, the national level of ownership of each

type of freight car, and other factors that affect the adequacy of

the national freight car supply.

-SOURCE-

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

Stat. 832.)

-MISC1-

PRIOR PROVISIONS

A prior section 11122, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1421; Pub. L. 96-448, title II, Sec. 224(a), Oct. 14, 1980, 94

Stat. 1929, related to use of and compensation for freight cars,

prior to the general amendment of this subtitle by Pub. L. 104-88,

Sec. 102(a).

-End-

-CITE-

49 USC Sec. 11123 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER II - CAR SERVICE

-HEAD-

Sec. 11123. Situations requiring immediate action to serve the

public

-STATUTE-

(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.

-SOURCE-

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

Stat. 833.)

-MISC1-

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-End-

-CITE-

49 USC Sec. 11124 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER II - CAR SERVICE

-HEAD-

Sec. 11124. War emergencies; embargoes imposed by carriers

-STATUTE-

(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.

-SOURCE-

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

Stat. 834.)

-MISC1-

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, Sec. 102(a).

Prior sections 11124 to 11128 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 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, Sec. 2(15), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272,

Sec. 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, Sec. 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, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

49 USC SUBCHAPTER III - REPORTS AND RECORDS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER III - REPORTS AND RECORDS

-HEAD-

SUBCHAPTER III - REPORTS AND RECORDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 11901, 11903 of this

title.

-End-

-CITE-

49 USC Sec. 11141 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER III - REPORTS AND RECORDS

-HEAD-

Sec. 11141. Definitions

-STATUTE-

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

(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.

-SOURCE-

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

Stat. 834.)

-MISC1-

PRIOR PROVISIONS

A prior section 11141, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1425; Pub. L. 99-521, Sec. 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, Sec. 102(a). See sections 11141, 14121, and 15721 of

this title.

-End-

-CITE-

49 USC Sec. 11142 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER III - REPORTS AND RECORDS

-HEAD-

Sec. 11142. Uniform accounting system

-STATUTE-

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.

-SOURCE-

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

Stat. 834.)

-MISC1-

PRIOR PROVISIONS

A prior section 11142, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1425; Pub. L. 96-448, title III, Sec. 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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 11143 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER III - REPORTS AND RECORDS

-HEAD-

Sec. 11143. Depreciation charges

-STATUTE-

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.

-SOURCE-

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

Stat. 834.)

-MISC1-

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, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 11144 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER III - REPORTS AND RECORDS

-HEAD-

Sec. 11144. Records: form; inspection; preservation

-STATUTE-

(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

(2) by persons furnishing cars to or for a rail carrier

providing transportation subject to the jurisdiction of the Board

under this part to the extent related to those cars or that

service.

(b) The Board, or an employee designated by the Board, may on

demand and display of proper credentials -

(1) inspect and examine the lands, buildings, and equipment of

a rail carrier or lessor; and

(2) inspect and copy any record of -

(A) a rail carrier, lessor, or association;

(B) a person controlling, controlled by, or under common

control with a rail carrier if the Board considers inspection

relevant to that person's relation to, or transaction with,

that rail carrier; and

(C) a person furnishing cars to or for a rail carrier if the

Board prescribed the form of that record.

(c) The Board may prescribe the time period during which

operating, accounting, and financial records must be preserved by

rail carriers, lessors, and persons furnishing cars.

-SOURCE-

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

Stat. 835.)

-MISC1-

PRIOR PROVISIONS

A prior section 11144, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1426; Pub. L. 96-296, Sec. 24(c), July 1, 1980, 94 Stat. 816,

related to form, inspection, and preservation of records, prior to

the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a). See sections 11144, 14122, and 15722 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11901, 11904 of this

title.

-End-

-CITE-

49 USC Sec. 11145 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER III - REPORTS AND RECORDS

-HEAD-

Sec. 11145. Reports by rail carriers, lessors, and associations

-STATUTE-

(a) The Board may require -

(1) rail carriers, lessors, and associations, or classes of

them as the Board may prescribe, to file annual, periodic, and

special reports with the Board containing answers to questions

asked by it; and

(2) a person furnishing cars to a rail carrier to file reports

with the Board containing answers to questions about those cars.

(b)(1) An annual report shall contain an account, in as much

detail as the Board may require, of the affairs of the rail

carrier, lessor, or association for the 12-month period ending on

December 31 of each year.

(2) An annual report shall be filed with the Board by the end of

the third month after the end of the year for which the report is

made unless the Board extends the filing date or changes the period

covered by the report. The annual report and, if the Board

requires, any other report made under this section, shall be made

under oath.

-SOURCE-

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

Stat. 835.)

-MISC1-

PRIOR PROVISIONS

A prior section 11145, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1427; Pub. L. 96-296, Sec. 5(b), July 1, 1980, 94 Stat. 796,

related to reports by carriers, lessors, and associations, prior to

the general amendment of this subtitle by Pub. L. 104-88, Sec.

102(a). See sections 11145, 14123, and 15723 of this title.

-End-

-CITE-

49 USC SUBCHAPTER IV - RAILROAD COST ACCOUNTING 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

-HEAD-

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

-End-

-CITE-

49 USC Sec. 11161 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

-HEAD-

Sec. 11161. Implementation of cost accounting principles

-STATUTE-

The Board shall periodically review its cost accounting rules and

shall make such changes in those rules as are required to achieve

the regulatory purposes of this part. The Board shall insure that

the rules promulgated under this section are the most efficient and

least burdensome means by which the required information may be

developed for regulatory purposes. To the maximum extent

practicable, the Board shall conform such rules to generally

accepted accounting principles.

-SOURCE-

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

Stat. 835.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11163 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11161, added Pub. L. 96-448, title III, Sec.

302(a), Oct. 14, 1980, 94 Stat. 1934, related to Railroad

Accounting Principles Board, prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11162 of this title.

-End-

-CITE-

49 USC Sec. 11162 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

-HEAD-

Sec. 11162. Rail carrier cost accounting system

-STATUTE-

(a) Each rail carrier shall have and maintain a cost accounting

system that is in compliance with the rules promulgated by the

Board under section 11161 of this title. A rail carrier may, after

notifying the Board, make modifications in such system unless,

within 60 days after the date of notification, the Board finds such

modifications to be inconsistent with the rules promulgated by the

Board under section 11161 of this title.

(b) For purposes of determining whether the cost accounting

system of a rail carrier is in compliance with the rules

promulgated by the Board, the Board shall have the right to examine

and make copies of any documents, papers, or records of such rail

carrier relating to compliance with such rules. Such documents,

papers, and records (and any copies thereof) shall not be subject

to the mandatory disclosure requirements of section 552 of title 5.

-SOURCE-

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

Stat. 836.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11164 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11162, added Pub. L. 96-448, title III, Sec.

302(a), Oct. 14, 1980, 94 Stat. 1935; amended Pub. L. 103-272, Sec.

4(j)(30), July 5, 1994, 108 Stat. 1370, related to cost accounting

principles, prior to the general amendment of this subtitle by Pub.

L. 104-88, Sec. 102(a).

-End-

-CITE-

49 USC Sec. 11163 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

-HEAD-

Sec. 11163. Cost availability

-STATUTE-

As required by the rules of the Board governing discovery in

Board proceedings, rail carriers shall make relevant cost data

available to shippers, States, ports, communities, and other

interested parties that are a party to a Board proceeding in which

such data are required.

-SOURCE-

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

Stat. 836.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11165 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11163, added Pub. L. 96-448, title III, Sec.

302(a), Oct. 14, 1980, 94 Stat. 1936; amended Pub. L. 103-272, Sec.

4(j)(31), July 5, 1994, 108 Stat. 1370, related to implementation

of cost accounting principles, prior to the general amendment of

this subtitle by Pub. L. 104-88, Sec. 102(a). See section 11161 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11904 of this title.

-End-

-CITE-

49 USC Sec. 11164 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 111 - OPERATIONS

SUBCHAPTER IV - RAILROAD COST ACCOUNTING

-HEAD-

Sec. 11164. Accounting and cost reporting

-STATUTE-

To obtain expense and revenue information for regulatory

purposes, the Board may promulgate reasonable rules for rail

carriers providing transportation subject to the jurisdiction of

the Board under this part, prescribing expense and revenue

accounting and reporting requirements consistent with generally

accepted accounting principles uniformly applied to such carriers.

Such requirements shall be cost effective and compatible with and

not duplicative of the managerial and responsibility accounting

requirements of those carriers.

-SOURCE-

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

Stat. 836.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11166 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

Prior sections 11164 to 11168 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 11164, added Pub. L. 96-448, title III, Sec. 302(a), Oct.

14, 1980, 94 Stat. 1936, related to certification of rail carrier

cost accounting systems. See section 11162 of this title.

Section 11165, added Pub. L. 96-448, title III, Sec. 302(a), Oct.

14, 1980, 94 Stat. 1937, related to cost data availability. See

section 11163 of this title.

Section 11166, added Pub. L. 96-448, title III, Sec. 302(a), Oct.

14, 1980, 94 Stat. 1937; amended Pub. L. 103-272, Sec. 4(j)(32),

July 5, 1994, 108 Stat. 1370, related to accounting and cost

reporting. See section 11164 of this title.

Section 11167, added Pub. L. 96-448, title III, Sec. 302(a), Oct.

14, 1980, 94 Stat. 1938; amended Pub. L. 103-272, Sec. 4(j)(33),

July 5, 1994, 108 Stat. 1370, related to reports to Congress by

Railroad Accounting Principles Board.

Section 11168, added Pub. L. 96-448, title III, Sec. 302(a), Oct.

14, 1980, 94 Stat. 1938, authorized appropriations for fiscal years

1981 to 1983.

-End-