49 U.S.C. § 11121: Criteria

providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation; 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 may require a rail carrier to file its car service rules with the Board. The Board may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123 and 11124(a)(1) of this title. The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.