---
kind: "section"
citation: "49 U.S.C. § 11121"
title: "49"
title_heading: "Transportation"
number: "11121"
heading: "Criteria"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/11121"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 111 — Operations"
  - "Subchapter II — Car Service"
---

# §11121. Criteria

- (a)
  - (1) A [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part shall furnish safe and adequate [car service](/usc/49/10102.md?p=2) and establish, observe, and enforce reasonable rules and practices on [car service](/usc/49/10102.md?p=2). The [Board](/usc/49/10102.md?p=1) may require a [rail carrier](/usc/49/10102.md?p=5) to provide facilities and equipment that are reasonably necessary to furnish safe and adequate [car service](/usc/49/10102.md?p=2) if the [Board](/usc/49/10102.md?p=1) decides that the [rail carrier](/usc/49/10102.md?p=5) has materially failed to furnish that service. The [Board](/usc/49/10102.md?p=1) may begin a proceeding under this paragraph when an interested [person](/usc/49/13102.md?p=18) files an application with it. The [Board](/usc/49/10102.md?p=1) 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](/usc/49/10102.md?p=5) to provide safe and adequate [transportation](/usc/49/10102.md?p=9);
    - (B) the amount spent for the facilities or equipment, including a return equal to the [rail carrier](/usc/49/10102.md?p=5)’s current cost of capital, will be recovered; and
    - (C) providing the facilities or equipment will not impair the ability of the [rail carrier](/usc/49/10102.md?p=5) to attract adequate capital.
  - (2) The [Board](/usc/49/10102.md?p=1) may require a [rail carrier](/usc/49/10102.md?p=5) to file its [car service](/usc/49/10102.md?p=2) rules with the [Board](/usc/49/10102.md?p=1).
- (b) The [Board](/usc/49/10102.md?p=1) may designate and appoint agents and agencies to make and carry out its directions related to [car service](/usc/49/10102.md?p=2) and matters under sections [11123](/usc/49/11123.md) and [11124(a)(1)](/usc/49/11124.md?p=a-1) of this title.
- (c) The [Board](/usc/49/10102.md?p=1) shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.

## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 832.)

## Notes

### Editorial Notes

### Prior 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 Subsidiaries

### Effective 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.