49 U.S. Code § 11121 - Criteria
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(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—
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
providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.
The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.
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