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30 E. CREATEâs Future as Dependent on Additional Funding 279 A June 2013 article in the Chicago Tribune states that the CREATE program still needed $2 billion for the completion of its projects.113 IX. COMMON CARRIER OBLIGATION OF RAILROADS 280 A. Introduction 280 By reason of the common carrier obligation of railroads, codified at 49 U.S.C. Â§ 11101, a railroad company is required to provide transportation to all parties upon reasonable request, including for hazardous materials. Sections B and C discuss statutes, regulations, and policies that apply to a rail carrierâs common carrier obligation. As discussed in Section D, exceptions to a railroad companyâs common carrier obligation are not to be implied. Section E illustrates more particularly the statutory obligation of a railroad company as a common carrier to transport hazardous materials. Section F discusses a recent article on the preemption of tort claims under state law with respect to a railroad companyâs transportation of such materials. Statutes, Regulations, and Policies 280 B. Common Carrier Transportation, Service, and Rates 280 Under 49 U.S.C. Â§ 11101, â[a] rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request.â C. Common Carrier Obligation of Railroads to Transport 281 Hazardous Materials This subpart discusses regulations of DOT and FRA to improve the integrity of tank cars to reduce the possibility of spillage or leakage and the DOT Pipeline and Hazardous Materials Safety Administration (PHMSA), which has published rules (49 C.F.R. Â§ 172.80, et seq.) regarding the transportation of hazardous materials. 113 Richard Wronski, Chicago Rail Program a Success, but Future Funding in Doubt, Officials Say, CHICAGO TRIBUNE (June 11, 2013), available at http://articles.chicagotribune.com/2013-06-11/news/ct- met-railroad-bottlenecks-20130611_1_rail-crossings-create-program-englewood-flyover (last accessed Mar. 31, 2015).
31 Cases 283 D. Exceptions to the Common Carrier Obligation Are Not 283 To Be Implied In 1967, in Am. Trucking Assân v. Atchison, Topeka, & Santa Fe Ry. Co.,114 in which the Supreme Court heard challenges to rules promulgated by the Interstate Transportation Commission (ICC) on trailer-on-flatcar service, the Court held that the âobligation as common carriers is comprehensive and exceptions are not to be implied.â115 E. Statutory Common Carrier Obligation to Transport 284 Hazardous Materials In Riffin v. Surface Transportation Board,116 the District of Columbia Circuit denied a petition to review a ruling by the Surface Transportation Board (STB). The court stated that ârailroads haveâ¦a statutory common carrier obligation to transport hazardous materials where the appropriate agencies have promulgated comprehensive safety regulations,â and that a railroadâs statutory obligation under Â§ 11101 supersedes the common law.117 Article 285 F. The Common Carrier Obligation and the Preemption of 285 State Tort Law on the Transportation of Hazardous Materials The common carrier obligation that began as a common law doctrine was codified in the 1887 Act to Regulate Commerce and later codified by the Hepburn Act of 1906.118 The common carrier obligation mandates that railroads transport hazardous materials as long as there is a comprehensive regulatory framework that governs the transportation of such materials. The Federal Railroad Safety Act and the Hazardous Materials Safety Act preempt tort claims under state law. 114 387 U.S. 397, 407, 87 S. Ct. 1608, 1614, 18 L. Ed. 2d 847 (1967). 115 Id., 387 U.S. at 407, 87 S. Ct. at 1614. 116 733 F.3d 340 (D.C. Cir. 2013). 117 Id. at 343. 118 Aaron Ries, Railroad Tort Liability After the âClarifying Amendment:â Are Railroads Still Protected by Preemption, 77 DEF. COUNS. J. 92, 97 (2010).