Page:United States Statutes at Large Volume 109 Part 1.djvu/848

 109 STAT. 832 PUBLIC LAW 104^88—DEC. 29, 1995 "(b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing. " SUBCHAPTER II—CAR SERVICE "§11121. Criteria Safety. "(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. "§ 11122. Compensation and practice "(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include— "(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle; "(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and "(3) sanctions for nonobservance. "(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensa-

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