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B-196132 1 (1979-10-11)

handle is hein.gao/gaobadhqy0001 and id is 1 raw text is: I &L6 I ., FILE: MATTER DIGEST: B-196 OF: 132 1ATE- October 11, 1979 Statutory Authority f Interstate Commerce Commission to Direct Rail Transportation Interstate Commerce Commission may order a substi- tute rail carrier to service shippers abandoned by the primary carrier under 49 U.S.C. § 11125 in advance of an appropriation to cover whatever additional costs it may be obligated to pay. 49 U.S.C. § 11125 contem- plates.that the Commission's order, in emergency cir- cumstances, may be issued before an appropriation is available. Therefore, the prohibition in the Anti- deficiency Act, 31 U.S.C. § 665a, does not apply. The Acting Chairman, Interstate Commerce Commission, requests our opinion as to the limits of the Commission's author- ity under the provisions of 49 U.S.C. 5 11125 to direct substitute rail transportation in advance of an appropriation to pay the sub- stitute carrier. Section 11125 reads in part as follows: (a) When a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title cannot transport the traffic offered to it because-- (1) its cash position makes its continuing operation impossible; (2) transportation has been discontinued under court order; or (3) it has discontinued transportation without obtaining a required certificate under section 10903 of this title; the Commission may direct the handling, routing, and movement of the traffic available to that carrier and its distribution over the railroad lines of that carrier by another carrier to promote service in the interest of the public and of commerce. * ** * * * * * L9~~5- THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGTON, D. C. 20548 N IT V 6 a- In

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