United States Code

25(c) of the Bus Regulatory Reform Act of 1982.

(b) The Commission shall issue such regulations as it considers necessary to carry out this section.

(Added Pub. L. 97-261, § 25(d)(1), Sept. 20, 1982, 96 Stat. 1125.)

REFERENCES IN TEXT

Section 25(c) of the Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(2), is Pub. L. 97-261, § 25(c), Sept. 20, 1982, 96 Stat. 1124, which is set out as a note below.

EFFECTIVE DATE

Section effective the 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as an Effective Date of 1982 Amendment note under section 10101 of this title.

STUDY OF CITIZEN BAND RADIOS ON BUSES Section 25(a)-(c) of Pub. L. 97-261 provided that: "(a) The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the use of citizen band radios on motor vehicles providing transportation of passengers subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of title 49, United States Code, by the operators of such vehicles. Such study shall determine, at a minimum, the following:

"(1) the effect on safety if such operators are authorized to use such radios; and

"(2) the effect on safety, health, and convenience of the passengers of such vehicles if such operators are authorized to use such radios.

"(b) The Secretary of Transportation shall request the National Academy of Sciences to submit to the Secretary and the Congress, within one year after entering into arrangements with the National Academy of Sciences for conducting the study under subsection (a) of this section, a report on the results of such study along with its recommendations concerning whether operators of motor vehicles providing transportation of passengers should be allowed to use citizen band radios. The Secretary shall furnish to such Academy, at its request, any information which such Academy deems necessary for the purpose of conducting such study.

"(c) Not later than 60 days after the National Academy of Sciences submits its report to the Secretary of Transportation under subsection (b) of this section, the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether operators of motor vehicles providing transportation of passengers subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of title 49, United States Code, should be allowed to use citizen band radios in such vehicles. In making such determination, the Secretary of Transportation shall give substantial weight to the recommendations and conclusions of the National Academy of Sciences. Such rulemaking proceeding shall be completed not later than 120 days after such proceeding is commenced. If the Secretary issues a rule or regulation which recommends that operators of such vehicles be allowed to install temporarily and operate citizen band radios in such vehicles, the Secretary of Transportation shall issue regulations establishing guidelines for the use of such radios in such vehicles in order to ensure that the public safety is adequately protected."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11702 of this title.

SUBCHAPTER II-CAR SERVICE

§ 11121. Criteria

(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Commission may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service. The Commission may begin a proceeding under this paragraph when an interested person files an application with it. The Commission 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 carrier to provide safe and adequate transportation;

(B) the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recov ered; and

(2) The Commission may require a rail carrier to

(A) file its car service rules with the Com. mission; and

(B) incorporate those rules in its tariffs. (b) The Commission may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123-11125, 11127, and 11128(a)(1) of this title.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96-258, § 1(11), June 3, 1980, 94 Stat. 426.)

49:1(11), (13).

Feb. 4, 1887, ch. 104, §1(11),

11121(b).... 49:1(17)(a) (1st sentence).

(13), 24 Stat. 379; June 29, 1906, ch. 3591, § 1, 34 Stat. 584; May 29, 1917, ch. 23, § 1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, § 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543. Feb. 4, 1887, ch. 104, 24 Stat. 379. 1(17)(a) (1st sentence); added Feb. 28, 1920, ch. 91, 402, 41 Stat. 477; Sept. 18, 1940, ch. 722, § 4(b), 54 Stat. 901.

In the first sentence of subsection (a), the word "shall" is substituted for "It shall be the duty of" in 49:1(11). The words "just", "regulations", and "is prohibited and declared to be unlawful" are omitted as surplus.

In the second sentence of subsection (a), the words "by general or special orders", "all", "any of", "from time to time", "regulations", "in its discretion", "show

This amends section 11121(a) by adding 49:1(14)(b) to the section.

The first sentence of subsection (a)(1) and all of subsection (a)(2) restate section 11121(a) of title 49 without change.

In the 2d, 3d, and last sentences of subsection (a)(1), the provision added by Public Law 95-607 is restated. The word "decides" is substituted for "finds" for accuracy. The 3d sentence is substituted for "upon the petition of an interested party" for consistency. The words "The Commission may only act after a hearing < on the record" are substituted for "after notice and hearing on the record" for clarity and to omit the reference to "notice" because it is unnecessary as section 554 of title 5 applies to the proceeding and because of the Due Process clause of the 5th Amendment. The words "as required by paragraph (11) of this section" are omitted because of the restatement. The words "on the evidence presented" are substituted for "if the evidence of record" for clarity. The word "services" is omitted as surplus because of the definition of "transportation" in section 10102 of the revised title. The words "amount spent" are substituted for "expenditure" for clarity.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-258 amended subsec. (a) generally, adding provisions authorizing the Commission to require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Commission decides that the rail carrier has materially failed to furnish that service, authorizing the Commission to begin a proceeding when an interested person files an application with it, and directing that the Commission may only act after a hearing on the record and an affirmative finding, based on the evidence presented, that providing the facilities or equipment will not materially and adversely affect the ability of the carrier to provide safe and adequate transportation, that the amount spent for the facilities or equipment, including a return equal to the carrier's current cost of capital, will be recovered, and that providing the facilities or equipment will not impair the ability of the carrier to attract adequate capital.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11126 of this title.

§ 11122. Compensation and practice

(a) The regulations of the Interstate Commerce Commission 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 Commission 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.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96-448, title II, § 224(a), Oct. 14, 1980, 94 Stat. 1929.)

Revised Section

11122

49:1(14)(a).

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 1(14)(a); added May 29, 1917, ch. 23, § 1, 40 Stat. 101; Feb. 28, 1920, ch. 91, § 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 4(a), 54 Stat. 901; May 26, 1966, Pub. L. 89-430, § 1, 80 Stat. 168; restated Feb. 5, 1976, Pub. L. 94-210, 212(a), 90 Stat. 46.

In subsection (a), the words "It is the intent of the Congress to" are omitted as surplus. The words "establish rules, regulations, and practices" are omitted in view of section 10321 of the revised title. The words "after notice and an opportunity for a hearing" are omitted as surplus in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words "by common carriers by railroad subject to this chapter" are omitted as unnecessary in view of chapter 105 and section 11121 of the revised title.

In subsection (a)(2), the words "freight car" are added for consistency. The words "penalties or other" are omitted as surplus.

In subsection (b)(1), the words "shall consider" are substituted for "shall give consideration" for clarity. In subsection (b)(2), 49:1(14)(a) (5th sentence) is restated for clarity and consistency.

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-448 substituted "The rate" for "(1) The rate" and struck out par. (2), which authorized the Commission to increase a rate of compensation by an incentive element when the Commission found that the supply of a type of freight car was inadequate and that the incentive element would compensate freight car owners, contribute to sound car service practices, and encourage the acquisition and maintenance of a car supply adequate to meet the needs of commerce and national defense and permitted the Commission to exempt the incentive element from the compensation when the Commission found the exemption in the national interest.

§ 11123. Situations requiring immediate action

(a)(1) When the Interstate Commerce Commission finds that a shortage of equipment, congestion of traffic, or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days—

(A) suspend any car service rule or practice; (B) take action during the emergency to promote service in the interest of the public and of commerce regardless of the ownership (as between carriers) of a locomotive, car, or other vehicle on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section;

(C) require joint or common use of facilities, on terms of compensation the carriers establish between themselves, subject to subsection (b)(2) of this section, when that action will best meet the emergency and serve the public interest; and

(D) give directions for preference or priority in transportation, embargoes, or movement of traffic under permits.

(2) The Commission may extend any action taken under paragraph (1) of this subsection beyond the thirty-day period provided in such paragraph only if the full Commission, after a hearing, certifies that a transportation emergency exists.

(3) In carrying out the provisions of this subsection, the Commission shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with the traffic subject to the action of the Commission.

(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under this section on its own initiative or on application without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5.

(2) When the carriers do not agree on terms of compensation under subsection (a)(2) of this section or on terms for joint or common use of terminals under subsection (a)(3) of this section, the Commission may establish for them in a later proceeding terms of compensation the Commission finds to be reasonable.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1422; Pub. L. 96-448, title II, § 226, Oct. 14, 1980, 94 Stat. 1930.)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 1(15) (related to car service less last sentence); added May 29, 1917, ch. 23, § 1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, § 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543.

In subsection (a), before clause (1), the words "When . . considers" are substituted for "Whenever... is of the opinion" for clarity. The word "may" is substitut ed for "shall have, and it is given, authority" to con. form to the style of the revised title.

In subsection (a)(1), the word "regulations" is omitted as surplus.

In subsection (a)(2), the words "take action" are substituted for "make such just and reasonable directions" for clarity.

In subsection (a)(4), the words "at such time and for such period as it may determine, and to modify, change, suspend, or annul them" are omitted as surplus.

Subsection (b) restates the procedural requirements for emergency action for clarity. The word "applica tion" is substituted for "complaint" for consistency.

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-448 designated existing provision as par. (1), and in par. (1) as so designated, substituted "Commission finds" for "Commission considers" and "or other failure in traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on rail service in the United States or a substantial region of the United States, the Commission may, for a period not to exceed thirty days" for "or other emergency requiring immediate action exists in a section of the United States, the Commission may", redesignated former pars. (1) to (4) as subpars. (A) to (D) of par. (1) as so designated, respectively, and in subpar. (C) as so redesignated, substituted "facilities" for "terminals, including mainline tracks for a reasonable distance outside of those terminals", and added pars. (2) and (3).

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10713, 11121, 11126, 11128, 11901 of this title.

§ 11124. Rerouting traffic on failure of rail carrier to serve the public

(a) When the Interstate Commerce Commission considers that a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title cannot transport the traffic offered to it in a manner that properly serves the public, the Commission may direct the han dling, routing, and movement of the traffic of that carrier and its distribution over other railroad lines to promote commerce and service to the public. Subject to subsection (b)(2) of this section, the carriers may establish the terms of compensation between themselves.

(b)(1) Except as provided in paragraph (2) of this subsection, the Commission may act under

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, § 1(16) (related to traffic less (b)), 24 Stat. 379; June 29, 1906, ch. 3591, 1, 34 Stat. 584; May 29, 1917, ch. 23, § 1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, § 402, 41 Stat. 477; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; Jan. 2, 1974, Pub. L. 93-236, 601(e), 87 Stat. 1021.

In subsection (a), the words "When . . . considers" are substituted for "Whenever . . . is of the opinion" for clarity.

Subsection (b), and the cross reference to it in subsection (a), constitute a restatement of the procedure required to be followed under the cross reference to 49:1(15) in 49:1(16)(a). The words "just and reasonable" are omitted as unnecessary.

In subsection (b)(2), the word "proceeding" is substituted for "hearing" to conform to the style of the revised title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11121, 11126, 11342, 11901 of this title.

§ 11125. Directed rail transportation

(a) When a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title cannot transport the traffic offered to it because

(1) its cash position makes its continuing operation impossible;

(2) transportation has been discontinued under court order; or

(3) it has discontinued transportation without obtaining a required certificate under section 10903 of this title;

the Commission may direct the handling, routing, and movement of the traffic available to that carrier and its distribution over the railroad lines of that carrier by another carrier to promote service in the interest of the public and of commerce. Subject to subsection (b) of this section, the Commission may act without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5.

(b)(1) Action of the Commission under subsection (a) of this section may not remain in effect for more than 60 days. However, the Commission may extend that period for an additional designated period of not more than 180 days if cause exists.

(2) The Commission may not take action that would

(A) cause a directed carrier to operate in violation of section 421 of title 45; or

(B) impair substantially the ability of a directed carrier to serve its own patrons adequately, or to meet its outstanding common carrier obligations.

(3) A directed carrier is not responsible, because of the direction of the Commission, for the debts of the other carrier.

(4) A directed carrier shall hire the employees of the other carrier, to the extent that they previously provided that transportation for the other carrier, and assume the existing employment obligations and practices of the other carrier for those employees including agreements governing rate of pay, rules and working conditions, and employee protective conditions for the period during which the action of the Commission is effective.

(5) A directed carrier may apply to the Commission for payment of an amount equal to the amount by which (A) the total expenses of that carrier incurred in or attributable to the handling, routing, and moving the traffic over the lines of the other carrier for the period during which the action of the Commission is effective, including renting or leasing necessary equipment and an allocation of common expenses, overhead, and a reasonable profit, exceed (B) the direct revenues from handling, routing, and moving that traffic over the lines of the other carrier during that period. The carrier must submit a current record of those total expenses to the Commission. The Commission shall certify promptly, to the Secretary of the Treasury, the amount to be paid. The Secretary shall pay that amount by the 90th day after the end of the period during which the direction of the Commission is effective, and funds are authorized to be appropriated for that payment. The Commission may audit any such record.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1423.)

In subsection (a), the word "When" is substituted for "Whenever" for clarity. The word "cannot" is substituted for "is unable" to conform to the style of the revised title. The word "discontinued" is substituted for "abandoned" to conform with section 10903 of the revised title. The word "transportation" is substituted for "service" in view of the definition of "transportation" in section 10102 of the revised title and because the Interstate Commerce Commission has jurisdiction over transportation. The words "required certificate" are substituted for "certificate" in view of section 10903 of the revised title. The last sentence is a restatement of the procedure required to be followed under the cross reference in 49:1(16)(b) to 49:1(15). The words "just and reasonable" are omitted as unnecessary.

In subsection (b), the words "Action of the Commission" are substituted for "Such direction" for clarity. In subsection (b)(5), the words "order" and "general order" are omitted as unnecessary. The words "The term 'cost' shall mean" are omitted as unnecessary.

The words “in such manner and on such forms" are omitted in view of section 10321(a) of the revised title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11121, 11126, 11342, 11901 of this title; title 45 sections 744, 916, 1003, 1015.

§ 11126. Distribution of coal cars

(a) Subject to subsection (b) of this section, a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall make a reasonable distribution of cars for transportation of coal among the coal mines served by it whether the mines are located on its line or are customarily dependent on it for car supply. If the supply of available cars does not equal the requirements of the mines, the carrier shall maintain and apply reasonable ratings of the mines and count each car furnished to or used by a mine for transportation of coal against that mine. However, coal cars supplied by shippers or receivers are deemed not to be a part of the carrier's fleet and are not counted in determining a question about distribution or car count under subsection (b) of this section or section 10102, 10501, 10701-10703, 10707, 10721(b), 10722(c)-(d), 10724(a), 10741-10744, 10746, 10749, 10750, 10901, 10902, 10907, 11101, 11103-11105, 11121-11125, 11127, 11128(a)(1), 11501(c),1 11505(a), 11702(a)(1), 11703, 11901(d)-(e)(2), 11902, 11903, 11905, 11907, 11915, or 11916 of this title.

10723(a)-(b)(1),

(b)(1) In this subsection, "unit-train service" means the movement of a single shipment of coal of at least 4,500 tons, tendered to one carrier, on one bill of lading, at one origin, on one day, and destined to one consignee, at one plant, at one destination, over one route.

(2) Unit-train service and non-unit-train service are deemed to be separate and distinct classes of service. A distinction shall be made between them and between the cars used in each class of service. A question about the reasonableness of, or discrimination in, the distribution of cars shall be determined within each class and not between them, notwithstanding a section referred to in subsection (a) of this section.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1424.) HISTORICAL AND REVISION NOTES

sions of this paragraph" are omitted as surplus in view of the realigned structure of the section. The words "are deemed not to be" are substituted for "shall not be considered" for clarity. The words "under subsection (b) of this section or section 10102, 10501, 10701-10703, 10707, 10721(b), 10722(c)-(d), 10723(a)-(b)(1), 10724(a), 10741-10744, 10746, 10749, 10750, 10901, 10902, 10907, 11101, 11103-11105, 11121-11125, 11127, 11128(a)(1), 11501(c), 11505(a), 11702(a)(1), 11703, 11901(d)-(e)(2), 11902, 11903, 11905, 11907, 11915, or 11916 of this title" are substituted for "provision of section 1, 2, or 3 of this title, and of section 41, 42, or 43 of this title" to conform to the revised title.

In subsection (b)(2), the word "discrimination" is substituted for "discrimination or preference or prejudice or advantage or disadvantage" as being inclusive. See the revision note to section 10101 of the revised title. The words “a section referred to in subsection (a) of this section" are inserted for clarity.

REFERENCES IN TEXT

Section 11501(c) of this title, referred to in subsec. (a), was redesignated section 11501(e) of this title by Pub. L. 96-448, title II, § 214(b), Oct. 14, 1980, 94 Stat. 1913, and was subsequently redesignated section 11501(f) of this title by Pub. L. 97-261, § 17(a)(1), Sept. 20, 1982, 96 Stat. 1117.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11901 of this title.

§ 11127. Service of freight forwarders

(a)(1) When the Interstate Commerce Commission considers that a shortage of equipment, congestion of traffic, or other emergency requires immediate action at a place in the United States, the Commission may

(A) suspend any service, equipment, or facilities requirement applicable to a freight forwarder under the jurisdiction of the Commission under subchapter IV of chapter 105 of this title;

(B) take action to promote transportation in the interest of the public and of commerce; and

(2) When the Commission considers that any such freight forwarder cannot properly serve the public by providing service for the traffic offered it, the Commission may require the handling, routing, and movement of that traffic in another manner to promote commerce and service to the public. When the equipment or facilities of another freight forwarder are required to be used, the freight forwarders may establish terms of compensation between themselves subject to subsection (b)(2) of this section.

of title 5.

(2) When the freight forwarders do not agree on the terms of compensation under this section, the Commission may establish the terms for them in a later proceeding.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1424.)

« 이전 계속 »

도서

United States Code, 18권