U.S. Code » Title 49 » Subtitle SUBTITLE IV— INTERSTATE TRANSPORTATION › Part PART A— RAIL › Chapter CHAPTER 111— OPERATIONS › Subchapter SUBCHAPTER II— CAR SERVICE

49 U.S.C. § 11121

Criteria

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar
(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, § 102(a), Dec. 29, 1995, 109 Stat. 832.)Editorial NotesPrior Provisions

A prior section 11121, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–258, § 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, § 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 16 cases (1 in the last 5 years), 1979–2026 · leading case: Gen. Am. Transp. Corp. v. Louisiana Tax Comm'n, 680 F.2d 400 (5th Cir. 1982).
Sort: Relevance Newest Treatment
Gen. Am. Transp. Corp. v. Louisiana Tax Comm'n, 680 F.2d 400 (5th Cir. 1982). · cites it 2× “49 U.S.C. § 11121 . A major part of this obligation is provision of specialty cars such as tank cars, refrigerator cars, and hopper cars.”
Granite State Concrete Co. v. Surface Transp. Bd., 417 F.3d 85 (1st Cir. 2005). “1984); see also 49 U.S.C. § 11121 (a)(1) ("A rail carrier .”
Norfolk S. Ry. Co. v. Jacobs, 549 F. Supp. 2d 990 (N.D. Ohio 2008). “§ 11101 and failing to “furnish safe and adequate car service” in violation of 49 U.S.C. § 11121 . However, Jacobs has not shown the threshold issuance of a reasonable request.”
North Am. Freight Car Ass'n v. Surface Transp. Bd., 529 F.3d 1166 (D.C. Cir. 2008). “NAFCA does not now argue, as it did before the STB, that the 2001 Charges violate 49 U.S.C. § 11121 . See NAFCA Br. 26-61. .”
United Transp. Union-Illinois Legislative Bd. v. Interstate Com. Comm'n & United States of Am., 52 F.3d 1074 (D.C. Cir. 1995). “" 49 U.S.C. § 11121 (a)(1). 5 . 49 U.S.C. § 11347 states in pertinent part: When a rail carrier is involved in a transaction for which approval is sought under section[] 11344 [which includes a section 11343 transaction] .”
Houston Lighting & Power Co. v. United States, 606 F.2d 1131 (D.C. Cir. 1979). “§ 1 (4) (1976) (duty to “provide the transportation or service on reasonable request”)); 49 U.S.C. § 11121 (a), Pub.L.No.95-473, 92 Stat.”
Nat'l Grain & Feed Ass'n v. United States, 5 F.3d 306 (8th Cir. 1993). “” 49 U.S.C. § 11121 (a)(1) (1988). Congress did not further elucidate the requisites of the common carrier obligations, leaving to the Commission and the courts the task of clarifying, on a case-by-case basis, a more precise definition of “reasonable request,” “adequate* car…”
In re Boston & Maine Corp., 634 F.2d 1359 (1st Cir. 1980). “Parallel sections respecting car service are now comprised in 49 U.S.C. § 11121 et seq. . The court found in the terms of the Bankruptcy Reform Act provision, 11 U.”
Evans Prods. Co. v. Interstate Com. Comm'n, 729 F.2d 1107 (7th Cir. 1984). “652 (1918); 49 U.S.C. § 11121 (Supp. V 1981). Because the cars in the railroads’ fleet often were not promptly available to shippers or were not adapted to the special needs of certain goods, a privately-owned car industry grew to provide cars as necessary for use as…”
Atchison, Topeka & Santa Fe Ry. Co. v. Union Tank Car Co., 611 F.2d 1184 (7th Cir. 1979). “49 U.S.C. § 11121 (a) 49 U.S.C. § 6 (7) .”
Dana Corp. v. Interstate Com. Comm'n, 703 F.2d 1297 (D.C. Cir. 1983). · cites it 2× “§ 11101 (a), and rail carriers to “furnish safe and adequate car service,” 49 U.S.C. § 11121 (a). The justifications for inadequacy of service do not include inheritance of controllable conditions from one’s predecessors.”
Springfield Terminal Ry. Co. v. United States Surface Transp. Bd., 472 F. Supp. 2d 89 (D. Mass. 2007). “”) See 49 U.S.C. § 11121 . Engelhard Corporation is the owner of a mining complex in Sanders-ville, Georgia.”
Show all 16 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.