---
kind: "section"
citation: "49 U.S.C. § 11123"
title: "49"
title_heading: "Transportation"
number: "11123"
heading: "Situations requiring immediate action to serve the public"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/11123"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 111 — Operations"
  - "Subchapter II — Car Service"
---

# §11123. Situations requiring immediate action to serve the public

- (a) When the [Board](/usc/49/10102.md?p=1) determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger [transportation](/usc/49/10102.md?p=9) operations caused by a cessation of service by the National [Railroad](/usc/49/10102.md?p=6) 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](/usc/49/10102.md?p=10), or that 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 cannot transport the traffic offered to it in a manner that properly serves the public, the [Board](/usc/49/10102.md?p=1) 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](/usc/49/10102.md?p=5) and its distribution over its own or other [railroad](/usc/49/10102.md?p=6) lines;
  - (2) require joint or common use of [railroad](/usc/49/10102.md?p=6) facilities;
  - (3) prescribe temporary through routes;
  - (4) give directions for—
    - (A) preference or priority in [transportation](/usc/49/10102.md?p=9);
    - (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](/usc/49/10102.md?p=9) operations caused by a cessation of service by the National [Railroad](/usc/49/10102.md?p=6) 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](/usc/49/10102.md?p=1) 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](/usc/49/10102.md?p=5) may establish between themselves the terms of compensation for operations, and use of facilities and equipment, required under this section. When [rail carriers](/usc/49/10102.md?p=5) do not agree on the terms of compensation under this section, the [Board](/usc/49/10102.md?p=1) may establish the terms for them. The [Board](/usc/49/10102.md?p=1) may act under [subsection (a)](#a) before conducting a proceeding under this paragraph.
  - (3)
    - (A) Except as provided in [subparagraph (B)](#b-3-B), when a [rail carrier](/usc/49/10102.md?p=5) is directed under this section to operate the lines of another [rail carrier](/usc/49/10102.md?p=5) due to that [carrier](/usc/49/13102.md?p=3)’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](/usc/49/10102.md?p=9) operations caused by a cessation of service by the National [Railroad](/usc/49/10102.md?p=6) Passenger Corporation, the [Board](/usc/49/10102.md?p=1) shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under [subsection (a)](#a), including the payment of increased insurance premiums. The [Board](/usc/49/10102.md?p=1) shall order complete indemnification against any and all claims associated with the provision of service to which the directed [rail carrier](/usc/49/10102.md?p=5) may be exposed.
- (c)
  - (1) The [Board](/usc/49/10102.md?p=1) may extend any action taken under [subsection (a)](#a) of this section beyond 30 days if the [Board](/usc/49/10102.md?p=1) finds that a [transportation](/usc/49/10102.md?p=9) emergency described in [subsection (a)](#a) continues to exist. Action by the [Board](/usc/49/10102.md?p=1) under [subsection (a)](#a) of this section may not remain in effect for more than 240 days beyond the initial 30-day period.
  - (2) The [Board](/usc/49/10102.md?p=1) may not take action under this section that would—
    - (A) cause a [rail carrier](/usc/49/10102.md?p=5) to operate in violation of this part; or
    - (B) impair substantially the ability of a [rail carrier](/usc/49/10102.md?p=5) to serve its own customers adequately, or to fulfill its common [carrier](/usc/49/13102.md?p=3) obligations.
  - (3) A [rail carrier](/usc/49/10102.md?p=5) directed by the [Board](/usc/49/10102.md?p=1) to take action under this section is not responsible, as a result of that action, for debts of any other [rail carrier](/usc/49/10102.md?p=5).
  - (4) In the case of a failure of existing freight or commuter rail passenger [transportation](/usc/49/10102.md?p=9) operations caused by cessation of service by the National [Railroad](/usc/49/10102.md?p=6) Passenger Corporation, the [Board](/usc/49/10102.md?p=1) may not direct a [rail carrier](/usc/49/10102.md?p=5) to undertake activities under [subsection (a)](#a) to continue such operations unless—
    - (A) the [Board](/usc/49/10102.md?p=1) first affirmatively finds that the [rail carrier](/usc/49/10102.md?p=5) 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)](#b-3-B) of subsection (b)(3) is provided in advance in appropriations Acts.
- (d) In carrying out this section, the [Board](/usc/49/10102.md?p=1) 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](/usc/49/10102.md?p=1).
- (e) For purposes of this section, the National [Railroad](/usc/49/10102.md?p=6) Passenger Corporation and any entity providing commuter rail passenger [transportation](/usc/49/10102.md?p=9) shall be considered [rail carriers](/usc/49/10102.md?p=5) subject to the [Board](/usc/49/10102.md?p=1)’s jurisdiction.
- (f) For purposes of this section, the term “commuter rail passenger [transportation](/usc/49/10102.md?p=9)” has the meaning given that term in [section 24102(4)](/usc/49/24102.md?p=4).[^1]

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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 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.