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. § 11123

Situations requiring immediate action to serve the public

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar
(a) When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, 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;(4) give directions for—(A) preference or priority in transportation;(B) embargoes; or(C) movement of traffic under permits; or(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.(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)(A) Except as provided in subparagraph (B), 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.(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.(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.(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless—(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.(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.(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Board’s jurisdiction.(f) For purposes of this section, the term “commuter rail passenger transportation” has the meaning given that term in section 24102(4).11 See References in Text note below.(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 833; amended Pub. L. 108–199, div. F, title I, § 150(1), Jan. 23, 2004, 118 Stat. 302.)Editorial NotesReferences in Text

Section 24102 of this title, referred to in subsec. (f), was subsequently amended, and section 24102(4) no longer defines “commuter rail passenger transportation”. However, such term is defined elsewhere in that section.

Prior Provisions

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

Amendments

2004—Subsec. (a). Pub. L. 108–199, § 150(1)(A)(i), inserted “failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation,” after “cessation of operations,” in introductory provisions.

Subsec. (a)(5). Pub. L. 108–199, § 150(1)(A)(ii)–(iv), added par. (5).

Subsec. (b)(3). Pub. L. 108–199, § 150(1)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), when” for “When”, and added subpar. (B).

Subsec. (c)(4). Pub. L. 108–199, § 150(1)(C), added par. (4).

Subsecs. (e), (f). Pub. L. 108–199, § 150(1)(D), added subsecs. (e) and (f).

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 8 cases, 1980–2010 · leading case: Atchison, Topeka & Santa Fe Ry. Co. v. United States, 617 F.2d 485 (7th Cir. 1980).
Sort: Relevance Newest Treatment
Atchison, Topeka & Santa Fe Ry. Co. v. United States, 617 F.2d 485 (7th Cir. 1980). · cites it 19× “The issue in these consolidated petitions for review is whether the Interstate Commerce Commission (“the Commission”) properly exercised its emergency powers under section 11123 of the Interstate Commerce Act (“the Act”), 49 U.S.C. § 11123 , when it authorized the St.”
BNSF Ry. Co. v. Surface Transp. Bd., 604 F.3d 602 (D.C. Cir. 2010). “It notes Congress’ contemporaneous addition to subsection (a) of the phrase “except as otherwise provided in this part,” such that the ICCTA did not disturb the Board’s authority to initiate certain formal investigations under other provisions of Title 49, as, for example, to…”
Gibbons v. United States, 660 F.2d 225 (7th Cir. 1981). · cites it 5× “1451 under 49 U.S.C. § 11123 (a)(3). 2 *227 Directed Service Order 1437 was issued by the ICC on March 20, 1980, pursuant to the directed service statute, 49 U.”
Granite State Concrete Co. v. Surface Transp. Bd., 417 F.3d 85 (1st Cir. 2005). “MBRR and Granite State asked for an emergency service order under 49 U.S.C. § 11123 and 49 C.F.R. § 1146.1 directing Guilford to “permit [MBRR] to serve Granite State between 6:30 AM and 6:30 PM.”
Burlington N. & Santa Fe Ry. Co. v. Kansas City S. Ry. Co., 45 F. Supp. 2d 847 (D. Kan. 1999). · cites it 2× “Pursuant to 49 U.S.C. § 11123 : 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…”
GS Roofing Prods. Co. v. Surface Transp. Bd., 262 F.3d 767 (8th Cir. 2001). “Instead, the Commission issued a service order authorizing Caddo Antoine to provide voluntary interim rail service over the northern portion of the Norman Branch, contingent on AMR’s agreement and pursuant to former 49 U.S.C. § 11123 (a). The ICC also authorized Caddo Antoine to…”
Caddo Antoine & Little Missouri R.R. v. United States, 95 F.3d 740 (8th Cir. 1996). “” On March 28,1994, the Commission issued an emergency service order pursuant to 49 U.S.C. § 11123 (a)(1) authorizing the D & R and CALM to “enter upon and operate [Arkansas Midland’s] Norman Branch.”
New York, Susquehanna & W. Ry. Corp. v. Ry. Labor Executives' Ass'n (In re Delaware & Hudson Ry. Co.), 120 B.R. 772 (D. Del. 1990). “The Memorandum provides, in pertinent part, that operation after February 13, 1989, shall be pursuant to 49 U.S.C. § 11123 , under either existing NYS & W work rules, wage and crew consist agreements or pursuant to implementing agreements with D & H labor organizations deemed…”
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.