49 U.S.C. § 11123 — Situations requiring immediate action to serve the public

(a) If the Board finds an equipment shortage, traffic congestion, unauthorized stop in operations, a failure of commuter service caused by the National Railroad Passenger Corporation’s service stoppage, or another traffic-movement failure creating a large emergency that substantially harms shippers or rail service in a United States region, or finds that a carrier cannot move offered traffic while properly serving the public, it may act for up to 30 days to promote commerce and public service by:
(1) directing how a carrier’s traffic is handled, routed, and moved and distributed over its or other rail lines;
(2) requiring joint or common use of facilities;
(3) prescribing temporary through routes;
(4) directing transportation preference or priority, embargoes, or movement under permits; or
(5) when the specified National Railroad Passenger Corporation stoppage caused freight or commuter service to fail, directing continuation of the service and related dispatching, maintenance, and necessary infrastructure work.
(b)(1) Except for paragraph (2) proceedings, the Board may act on its own or on application without following subchapter II of chapter 5 of title 5.
(b)(2) Carriers may agree on compensation for required operations and use of facilities or equipment. If they do not agree, the Board may set compensation and may act under subsection (a) before that proceeding.
(b)(3)(A) Except under subparagraph (B), when a carrier is directed to operate another carrier’s lines because that carrier stopped operating, compensation must come only from revenue produced by the directed operations.
(b)(3)(B) For the specified National Railroad Passenger Corporation service failure, the Board must fund full reimbursement of the directed provider’s costs, including increased insurance premiums, and must order complete indemnification against every claim connected with the service to which the directed carrier may be exposed.
(c)(1) The Board may extend an action beyond 30 days if the emergency continues, but the action may last no more than 240 days beyond the first 30-day period.
(c)(2) The Board may not cause a carrier to violate this part or substantially impair its ability to serve its customers or meet its common-carrier duties.
(c)(3) A carrier directed to act is not liable, because of that action, for another carrier’s debts.
(c)(4) For the National Railroad Passenger Corporation service failure, the Board may not direct continuation unless it first finds that the carrier can safely and efficiently perform the service and the required funding is provided in advance in appropriations Acts.
(d) To the greatest practicable extent, the Board must require use of employees who normally would have done work connected with the affected traffic.
(e) The National Railroad Passenger Corporation and every entity providing commuter rail passenger transportation are treated as carriers under the Board’s jurisdiction for this section.
(f) “Commuter rail passenger transportation” has the meaning in section 24102(4).