49 U.S.C. § 28502 — Surface Transportation Board mediation of trackage use requests

If a public transportation authority tries, for a reasonable time, to negotiate with a rail carrier so the authority can use the carrier's tracks — and get related services from the carrier — for commuter rail passenger transportation, but the two sides cannot reach an agreement, either the public transportation authority or the rail carrier may ask the Surface Transportation Board (the "Board") for help. The Board must hold nonbinding mediation, meaning it helps the two sides talk but cannot force a result. The Board must run this mediation the way described in section 1109.4 of title 49 of the Code of Federal Regulations, using the version of that rule in effect when this section became law.