Page:United States Statutes at Large Volume 109 Part 1.djvu/838

 109 STAT. 822 PUBLIC LAW 104r-88 —DEC. 29, 1995 "(C) the rail carrier is a party to those routes and rates. "(2) A rail carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting rail carrier, that rail carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding rail carrier or consignee according to the instructions. "(b) The Board may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section. " CHAPTER 109^LICENSING Notice. Certificate. "Sec. "10901. Authorizing construction and operation of railroad lines. "10902. Short line purchases by Class II and Class III rail carriers. "10903. Filing and procedure for application to abandon or discontinue. "10904. Offers of financial assistance to avoid abandonment and discontinuance. "10905. Offering abandoned rail properties for sale for public purposes. "10906. Exception. "10907. Railroad development. '*§ 10901. Authorizing construction and operation of railroad lines "(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

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