U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART A— RAIL › Chapter CHAPTER 109— LICENSING

49 U.S.C. § 10901

Authorizing construction and operation of railroad lines

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(a) A person may—(1) construct an extension to any of its railroad lines;(2) construct an additional railroad line;(3) provide transportation over, or by means of, an extended or additional railroad line; or(4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,only if the Board issues a certificate authorizing such activity under subsection (c).(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.(d)(1) When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—(A) the construction does not unreasonably interfere with the operation of the crossed line;(B) the operation does not materially interfere with the operation of the crossed line; and(C) the owner of the crossing line compensates the owner of the crossed line.(2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 822.)Editorial NotesPrior Provisions

A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, § 221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Statutory Notes and Related SubsidiariesEffective Date

Section 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 1301 of this title.

Notes of Decisions
Cited in 141 cases (3 in the last 5 years), 1980–2026 · leading case: Ry. Labor Executives' Ass'n v. Interstate Com. Comm'n, Nw. Pac. R.R. Co., Intervenor-Respondent, 784 F.2d 959 (9th Cir. 1986).
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Ry. Labor Executives' Ass'n v. Interstate Com. Comm'n, Nw. Pac. R.R. Co., Intervenor-Respondent, 784 F.2d 959 (9th Cir. 1986). · cites it 38× “5 In its orders, the ICC held that, absent the exemption, 49 U.S.C. § 10901 alone would have governed the acquisition and thus no mandatory labor protections would be imposed.”
N. Plains Resource Council, Inc. v. Surface Transp. Bd., 668 F.3d 1067 (9th Cir. 2011). · cites it 14× “Licensing of New Railroad Lines Under 49 U.S.C. § 10901 , the Board has exclusive licensing authority for the construction and operation of new railroad lines.”
Pittsburgh & Lake Erie R.R. v. Ry. Labor Executives' Ass'n, 491 U.S. 490 (1989). · cites it 8× “[6] The proposed sale of assets could not be carried out without compliance with the terms of the ICA, 49 U. S. C. § 10901 , which requires that noncarriers seeking to acquire a rail line first obtain a certificate of public convenience and necessity from the ICC.”
Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co., Interstate Com. Comm'n, Intervenor, 845 F.2d 420 (3d Cir. 1988). · cites it 9× “, 49 U.S.C. §§ 10901 (e), 11347 (1985). This case presents an important question of first impression at the intersection of these two statutes: whether a railroad has a duty to refrain from completing a sale of its rail assets pending bargaining under the RLA over the effects of…”
Mid States Coalition for Progress v. Surface Transp. Bd., 345 F.3d 520 (8th Cir. 2003). · cites it 5× “They maintain that in giving its approval the Board violated 49 U.S.C. § 10901 , the National Environmental Policy Act (NEPA) ( 42 U.”
Medina Cnty. Env't Action Ass'n v. Surface Transp. Bd., 602 F.3d 687 (5th Cir. 2010). · cites it 3× “(SGR), to construct and operate a seven-mile rail line and rail loading loop to service a proposed limestone quarry in Medina County, Texas, without meeting the prior approval requirements imposed by 49 U.S.C. § 10901 . 1 MCEAA petitions this court directly for review of the…”
Alaska Survival v. Surface Transp. Bd., 705 F.3d 1073 (9th Cir. 2013). · cites it 5× “Petitioners challenge the STB’s authority to exempt the railroad from the full licensing provisions of 49 U.S.C. § 10901 and the agency’s compliance with the National Environmental Policy Act (NEPA).”
Jack O. Black v. Interstate Com. Comm'n & United States of Am., 762 F.2d 106 (D.C. Cir. 1985). · cites it 5× “Instead, the acquisition of a line of railway in either of these circumstances is typically governed by 49 U.S.C. § 10901 (1982). 11 See In re Chicago, Milwaukee, St.”
Lebron v. Nat'l R.R. Passenger Corp., 513 U.S. 374 (1995). · cites it 2× “, 49 U. S. C. §§ 10901 , 10903, 10922 (1988 ed.”
Gendron v. Chicago & North W. Transp. Co., 564 N.E.2d 1207 (Ill. 1990). · cites it 4× “( 49 U.S.C. §§10901 , 10903 (1982).) Pursuant to the streamlined procedures set out in Ex parte No.”
Ry. Labor Executives' Ass'n v. Pittsburgh & Lake Erie R.R. Co., 831 F.2d 1231 (3d Cir. 1987). · cites it 6× “However, it is P & LE’s position, and the RLEA concedes for purposes of this appeal, that the P & LE sale is not governed by section 11347, but that the transaction falls within the ambit of 49 U.S.C. § 10901 covering the acquisition of a rail carrier’s operation by a…”
United States v. AMC Ent., Inc., 549 F.3d 760 (9th Cir. 2008). · cites it 2× “The Railway Labor Executives' Association ("RLEA") challenged the Interstate Commerce Commission's ("ICC") interpretation of the interplay between 49 U.S.C. § 10901 and § 10903. See id. at 961-63.”
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