Page 953

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

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

(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.

(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 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.)

Page 955

49:6(8).

49:1(15) (related to service less last sentence), (16) (related to service less (b)).

Feb. 4, 1887, ch. 104, 24 Stat. 379, 420 (related to serv ice); added May 16, 1942, ch. 318, 1, 56 Stat. 298. Feb. 4, 1887, ch. 104, § 1(15) (related to service less last sentence), (16) (related to service 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.

Instead of integrating the words "freight forwarder" into sections 11123 and 11124 of the revised title, the section restates those provisions of 49:1(15) and (16) applicable to freight forwarders. Subsection (a)(2) restates 49:1(16) related to the movement of traffic. See ICC Gen. Coun. Op. No. 248-71, Oct. 1, 1971. The word "application" is substituted for "complaint" for consistency.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11121, 11126, 11128, 11901 of this title.

§ 11128. War emergencies; embargoes imposed by carriers

(a)(1) When the President, during time of war or threatened war, certifies to the Interstate Commerce Commission 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 Commission shall direct that preference or priority be given to that traffic under sections 11123(a)(4) and 11127(a)(1)(C) of this title.

(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 carriers providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title shall adopt every means within their control to facilitate and expedite the military traffic.

(b) An embargo imposed by any such carrier does not apply to shipments consigned to agents of the United States Government for its use. The carrier shall deliver those shipments as promptly as possible.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1425.)

11128(a) (2), (b).

Feb. 4, 1887, ch. 104, 24 Stat. 379, 6(8); added June 29, 1906, ch. 3591, § 2, 34 Stat. 586; Aug. 29, 1916, ch. 417, § 1, 39 Stat. 604; Feb. 28, 1920, ch. 91, § 409, 41 Stat. 483.

In subsection (a)(1), the cross reference to section 11123(a)(4) of the revised title is substituted for the words "power herein conferred" for clarity. The cross reference to section 11127(a)(1)(C) is inserted in view of that section's applicability to freight forwarders under 49:1020.

In subsections (a)(2) and (b), the words "And in time of peace" are omitted as unnecessary in view of subsection (a) of this section. The words "imposed by any such carrier" are inserted for clarity.

REFERENCES In Text

Section 11123(a) of this title, referred to in subsec. (a)(1), was amended generally by Pub. L. 96-448, title II, § 226, Oct. 14, 1980, 94 Stat. 1930, and, as so amended, the provisions formerly contained in subsec. (a)(4) are generally contained in subsec. (a)(1)(D).

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

SUBCHAPTER III-REPORTS AND

RECORDS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 11348, 11901, 11909 of this title.

§ 11141. Definitions

In this subchapter—

(1) "carrier", "broker”, and “lessor" include a receiver or trustee of a carrier (except a freight forwarder), broker, and lessor, respectively.

(2) "lessor" means a person owning a railroad, water line, or a pipeline that is leased to and operated by a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, and a person leasing a right to operate as a motor carrier or water carrier to another.

(3) "association" means an organization maintained

(A) by or in the interest of a group of carriers (except water carriers) or brokers providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title that performs a service, or engages in activities, related to transportation under this subtitle; or

(B) only by water carriers providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title that engages in activities related to the fixing of rates, publication of classifications, or filing of tariffs by water carriers.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1425.)

Feb. 4, 1887, ch. 104, 24 Stat. 379, § 20(8); added Sept. 18, 1940, ch. 722, § 13(a), 54 Stat. 919; restated Aug. 2, 1949, ch. 379, § 9, 63 Stat. 486.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 220(e); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 563; Sept. 18, 1940, ch. 722, § 24, 54 Stat. 927; Aug. 2, 1949, ch. 379, § 13, 63 Stat. 487. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 313 (less (a)-(g)); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 945; restated Aug. 2, 1949, ch. 379, § 18, 63 Stat. 489. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 412(f); added May 16, 1942, ch. 318, § 1, 56 Stat. 295; restated Aug. 2, 1949, ch. 379, 22, 63 Stat. 489.

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, § 20(3) (less (e)), 24 Stat. 386; June 29, 1906, ch. 3591, §7, 34 Stat. 593; Feb. 28, 1920, ch. 91, § 434, 41 Stat. 493; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 13(a), 54 Stat. 916; restated Feb. 5, 1976, Pub. L. 94-210, 307, 90 Stat. 55.

Feb. 4, 1887, ch. 104, 24 Stat. 379,204(a)(1) (related to accounts), (2) (related to accounts), (4) (related to accounts); added Aug. 9, 1935, ch. 498, § 1, 49 Stat. 546.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 313(c); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 944.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 412(a) (3d sentence); added May 16, 1942, ch. 318, 1, 56 Stat. 294.

In subsection (a), the words "not later than June 30, 1977," and the last 2 sentences of 49:20(3)(a) are omitted as executed. The words "shall prescribe" are subissue regulations and procestituted for "shall,

dures prescribing" for clarity. The last sentence is a restatement of the relevant provisions of 49:304(a) (1), (2), and (4), 49:913(c), and 1012(c). The words "in its discretion, for purposes of administration of the provisions of this chapter" in 49:1012(c), and "in its discretion, for the purpose of enabling it the better to carry out the purposes of this chapter" in 49:913(c), are omitted as surplus. The words "motor common carrier", "motor contract carrier", "water carriers", and "freight forwarders" are omitted as unnecessary since the word "carrier" encompasses all of them in the subtitle. The words "period of time within which they shall have such uniform system of accounts," are omitted as executed. The words "and the manner in which such accounts shall be kept" are omitted as surplus. The words "uniform accounting system" are substituted for "uniform system of accounts" for clarity. The words "The accounting system established pursuant to this paragraph" in 49:20(3)(c) are omitted from subsection (a) as surplus. The words "notwithstanding any other provision of this section" are omitted as unnecessary.

In subsection (b)(1), the words "To obtain the most accurate cost and revenue information about" are substituted for "In order to assure that the most accurate cost and revenue data can be obtained with respect to" for clarity. The words "fair and reasonable" are omit. ted as unnecessary in view of section 10701 of the revised title.

In subsection (b)(2), the words "must include information considered appropriate for disclosure" are substituted for "shall include any disclosure considered appropriate" for clarity. The words "notwithstanding any other provision of this section" are omitted as sur. plus in view of the phrase "to the extent possible". The words "attempt" and "otherwise" are omitted as surplus.

In subsection (b)(3), the words "In order that the accounting system established pursuant to this paragraph continue" are omitted as surplus in view of the realignment of 49:20(3)(d). The words "every 5th year after 1977" are inserted in view of 49:20(3)(a) for clarity.

AMENDMENTS

1980-Pub. L. 96-448, in generally revising section, struck out provisions authorizing the Commission to prescribe, for rail carriers, a uniform cost and revenue accounting and reporting system, to identify and define for each facet of rail transportation, in order to obtain the most accurate cost and revenue information, operating and nonoperating revenue accounts, direct cost accounts for determining fixed and variable costs of materials, labor, and overhead components of operating expenses and the assigning of costs, and indirect cost accounts for determining common, joint, and constant costs, to require reports including infor. mation considered appropriate for disclosure under accepted accounting principles or the requirements of the Commission or the Securities and Exchange Commission, to require information be disclosed only for essential regulatory purposes, and to review rail accounting systems periodically, but at least once every 5th year after 1977, for possible revision. See subchapter IV of this chapter.

§ 11143. Depreciation charges

The Interstate Commerce Commission shall, for a class of carriers providing transportation subject to its jurisdiction under subchapter I or III of chapter 105 of this title, and may, for a class of carriers providing transportation subject to its jurisdiction under subchapter II of that chapter, 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 Commission may classify those carriers for purposes of this section. A 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 Commission;

(2) charge another rate of depreciation; or (3) include other depreciation charges in operating expenses.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1426.) HISTORICAL AND REVISION NOTES

(2) inspect and copy any record of

(A) a carrier, broker, lessor, or association; (B) a person controlling, controlled by, or under common control with a carrier if the Commission considers inspection relevant to that person's relation to, or transaction with, that carrier; and

(C) a person furnishing cars or protective service against heat or cold to or for a rail or express carrier if the Commission prescribed the form of that record.

[(c) Repealed. Pub. L. 96–296, § 24(c), July 1, 1980, 94 Stat. 816.]

(d) The Commission may prescribe the time period during which operating, accounting, and financial records must be preserved by carriers, brokers, lessors, and persons furnishing cars or protective services.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1426; Pub. L. 96-296, § 24(c), July 1, 1980, 94 Stat. 816.)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 20(4); added June 29, 1906, ch. 3591, §7, 34 Stat. 593; Feb. 28, 1920, ch. 91, $434, 41 Stat. 493; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, 13(a), 54 Stat. 917.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 220(c); added Sept. 18, 1940, ch. 722, § 24, 54 Stat. 926.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 313(d); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 945.

The section restates the source provisions for clarity. The words "change when necessary" are substituted for "when it deems necessary, modify" for clarity. The words "other than that prescribed therefor by the Commission . . . in any form whatsoever other than as prescribed by the Commission" are omitted as surplus.

§ 11144. Records: form; inspection; preservation

(a) The Interstate Commerce Commission may prescribe the form of records required to be prepared or compiled under this subchapter

(1) by carriers, brokers, and lessors, including records related to movement of traffic and receipts and expenditures of money; and (2) by persons furnishing cars or protective service against heat or cold to or for a rail or express carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to the extent related to those cars or that service.

(b) The Commission, or an employee designated by the Commission, may on demand and display of proper credentials

(1) inspect and examine the lands, buildings, and equipment of a carrier, broker, or lessor; and

sentence), (6) (2d sentence, 1st cl.).

49:320(d) (1st sentence).

49:913(e).

49:1012(c) (less 32d-44th words).

11144(b).... 49:20(5) (less 1st sentence), (6) (less 2d sentence). 49:311(d) (related to inspection).

49:320(d) (3d and 4th sentences). 49:913(f). 49:1012(d). 11144(c)..... 49:320(g).

11144(d).... 49:20(7)(b)

(proviso). 49:311(d) (related to time period). 49:320(d) (less 1st, 3d, and 4th

sentences).

49:913(g).

49:1012(c)

(32d-44th words), (e).

Feb. 4, 1887, ch. 104, § 20(5), (6) (less 2d sentence 2d cl.) (7)(b) (proviso), 24 Stat. 386; June 29, 1906, ch. 3591, 7, 34 Stat. 594; Feb. 25, 1909, ch. 193, 1, 35 Stat. 648; Feb. 28, 1920, ch. 91,435, 41 Stat. 493; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, § 13(a), 54 Stat. 917; Aug. 2, 1949, ch. 379, 8, 63 Stat. 486. Feb. 4, 1887, ch. 104, 24 Stat. 379, § 220(d); added Sept. 18, 1940, ch. 722, 24, 54 Stat. 926; Aug. 2, 1949, ch. 379, 12, 63 Stat. 487. Feb. 4, 1887, ch. 104, 24 Stat. 379, 313(e), (f), (g); added Sept. 18, 1940, ch. 722, $201, 54 Stat. 945; Aug. 2, 1949, ch. 379, 17, 63 Stat. 489.

Feb. 4, 1887, ch. 104, 24 Stat. 379, 8412(c), (d), (e); added May 16, 1942, ch. 318, § 1, 56 Stat. 295; Aug. 2, 1949, ch. 379, § 21, 63 Stat. 489.

Feb. 4, 1887, ch. 104, 24 Stat. 379,211(d); added Aug. 9, 1935, ch. 498, 1, 49 Stat. 554.

Feb. 4, 1887, ch. 104, 24 Stat. 379, $220(g); added July 26, 1968, Pub. L. 90-433, § 2, 82 Stat. 449.

In the section, the word "records" is substituted for "accounts", "records", "books", "correspondence", "memoranda”, and “other documents" for consistency in view of section 552a of title 5.