I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:49:05. Database: USCODE Search: (49:CITE) ------DocID 54868 Document 1 of 1105------ -CITE- 49 USC TITLE 49 -EXPCITE- TITLE 49 -HEAD- TITLE 49 - TRANSPORTATION -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 95-473, SEC. 1, OCT. 17, 1978, 92 STAT. 1337, AND PUB. L. 97-449, SEC. 1, JAN. 12, 1983, 96 STAT. 2413 Subtitle Sec. I. Department of Transportation 101 II. Transportation Programs 3101 III. (Reserved - Air Transportation) IV. Interstate Commerce 10101 V. (Reserved - Miscellaneous) Table Showing Disposition of Former Sections of Title 49 --------------------------------------------------------------------- Title 49 Former Sections Title 49 New Sections --------------------------------------------------------------------- 1(1) 10501 1(2) 10501 1(3) 10102 1(4) (related to standards) 10701 1(4) (2d sentence last cl.) 10702 1(4) (1st sentence related to 10703 through routes and 2d sentence less last cl.) 1(4) (1st sentence 14th-23d words) 11101 1(5)(a) 10701 1(5)(b) (7th and 8th sentences) 10700 1(5)(b) (less 7th and 8th 10701 sentences) 1(5)(c)(i) 10709 1(5)(c)(ii) 10102 1(5)(d) Rep. 1(5 1/2) 10749 1(6) (last sentence) 10750 1(6) (less last sentence) 10702 (See also 10701(a)) 1(7) (1st sentence, 32 words 10721 before 8th semicolon-9th semicolon) 1(7) (1st sentence words before 10722 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st-18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos) 1(7) (1st sentence 1st-4th and 10723 13th-20th words after 2d semicolon and words between 3d and 5th semicolons) 1(7) (1st sentence 5th-12th and 10723 21st-29th words after 2d semicolon and last 11 words before 1st proviso) 1(7) (1st sentence 1st proviso, 10724 words between semicolon and colon) 1(7) (less 1st sentence) 11905 1(8) 10746 1(9) 11104 1(10) 10102 1(11) 11121 1(12) (3d sentence) 11902 1(12) (less 3d sentence) 11126 1(13) 11121 1(14)(a) 11122 1(14)(b) 11121 1(14)(c) 11105 1(15) (related to car service 11123 less last sentence) 1(15) (last sentence) 11128 1(15) (related to service less 11127 last sentence) 1(16) (related to traffic less 11124 (b)) 1(16) (related to service less 11127 (b)) 1(16)(b) 11125 1(17)(a) (1st sentence) 11121 1(17)(a) (last sentence less 11901 proviso) 1(17)(a) (last sentence proviso) 10501 1(17)(b) 11907 1(18)(a) 10901 1(18)(b) 10901 1(18)(c) 10902 1(18)(d) 10907 1(18)(e) (related to action by 11703 the Attorney General) 1(18)(e) (related to Commission 11702 action) 1(18)(e) 11901 1(18)(e) (related to State 11505 enforcement) 1(19)-(22) Rep. 1 note 10711 1a(1) (1st sentence) 10903 1a(1) (less 1st and last 10904 sentences) 1a(1) (last sentence) 10907 1a(2) 10904 1a(3) 10904 1a(4) 10903 1a(5) 10904 1a(6) 10905 1a(7) 10905 1a(8) Rep. 1a(9) (related to Commission 11702 action) 1a(9) (related to action by the 11703 Attorney General) 1a(9) (last sentence) 11901 1a(9) (related to State 11505 enforcement) 1a(10) 10906 1a(11) 10905 2 10741 3(1) 10741 3(1a) Rep. 3(2) (1st sentence) 10743 3(2) (less 1st sentence) 10744 3(3) 10744 3(4) (1st sentence 2d cl., 2d 10701 sentence related to standards) 3(4) (less 1st sentence 2d cl., 10742 and 2d sentence related to facilities) 3(5) 11103 4 10726 5(1) (words between semicolon and 11914 1st colon) 5(1) (less words between 11342 semicolon and 1st colon) 5(2)(a) 11343 5(2)(b)-(e) 11344 5(2)(f) 11347 5(2)(g) 11345 5(2)(h) 11345 5(3)(a)-(e) 11346 5(3)(f) (last sentence) 11346 5(3)(f) (less last sentence) 11350 5(3)(g) 11346 5(4) 11348 5(5) 11343 5(6) 11343 5(7) 11343 5(8) (last sentence) 11912 5(8) (less last sentence) 11701 5(9) 11702 5(10) 11351 5(11) 11343 5(12) 11341 5(13) Rep. 5(14) 11343 5(15) (words after semicolon) 11914 5(15) (less words after semicolon) 11321 5(16) 11321 5(17) 11321 5a Rep. 5b 10706 5c 10706 6(1) 10762 6(2) 10765 6(3) 10762 6(4) 10762 6(5) 10764 6(6) 10762 6(7) 10761 6(8) 11128 6(9) 10762 6(10) 11901 6(11) 10503 6(12) 10765 7 10745 8 11705 9 11705 10(1) 11914 10(2)-(4) 11904 11 10301 12(1)(a) (less 2d sentence words 10321 after semicolon and last sentence words after 1st semicolon and before last semicolon) 12(1)(a) (words after semicolon 10311 in 2d sentence) 12(1)(a) (last sentence less 11703 words before 1st semicolon and after last semicolon) 12(1)(b) 10505 12(2)-(7) 10321 13(1) 11701 13(2) (last sentence) 11502 13(2) (less last sentence) 11701 13(3) 11502 13(4) 11501 13(5) 11501 13(6) 10326 13a(1) 10908 13a(2) 10909 14(1) 10310 14(2) 10310 14(3) (last sentence) 10311 14(3) (less last sentence) 10310 15(1) 10704 15(2) 10324 15(3) 10705 15(4) 10705 15(5) 10748 15(6) 10748 15(7) 10708 15(8) 10707 15(9) 10709 15(10) 10763 15(11) 11710 15(12) 10753 15(13) 11910 15(14) 11910 15(15) 10747 15(16) 10321 15(17) 10727 15(18) 10728 15(19) 10729 15a(1)-(5) 10704 15a(6) Rep. 15b Rep. 16(1) 11705 16(2) 11705 16(3)(c) 11705 16(3)(g) 11705 16(3)(h) Rep. 16(3) (less (c), (g), and (h)) 11706 16(4) 11705 16(5) 10329 16(6) 10324 16(7) 11914 16(8) 11901 16(9) 11901 16(10) 11901 16(11) 10301 16(12) (related to Commission 11702 action) 16(12) (related to action by the 11703 Attorney General) 16(12) (related to action by 11705 private person) 16(12) (enforcement of money 11705 award) 16(13) 10303 16a Rep. 17(1) 10302 17(2) (1st sentence 80th-98th 10304 words and 2d sentence) 17(2) (less 80th-90th words in 10305 1st sentence, less 2d sentence) 17(3) (less 2d sentence and last 10306 42 words of 3d sentence) 17(3) (2d sentence) 10301 17(3) (last 42 words of 3d 10321 sentence) 17(4) (1st and 3d sentences) 10305 17(4) (2d sentence) 10303 17(5) 10322 17(6) 10323 17(7) 10323 17(8) 10324 17(9)(j) 10310 17(9) (less (j)) 10327 17(10) 10325 17(11) 10305 17(11) 10306 17(12) 10328 17(13) 10308 17(14)(a) 11701 17(14)(b) Rep. 17(15) 10309 17 note 10306 18(1) (1st and 3d sentences) 10301 18(1) (2d sentence) 10303 18(1) (4th sentence) 10307 18(1) (last sentence) 10321 18(2) 10301 19 10307 19a(a) (1st and last sentences) 10781 19a(a) (2d and 3d sentences) 10301 19a(b) 10782 19a(c) 10781 19a(d) Rep. 19a(e) 10783 19a(f) 10784 19a(g) 10784 19a(h) 10785 19a(i) 10785 19a(j) 10785 19a(k) (1st sentence) 10786 19a(k) (less 1st sentence) 11901 19a(l) 11703 20(1) 11145 20(2) 11145 20(3) (less (e)) 11142 20(3)(e) Rep. 20(4) 11143 20(5) 11144 20(6) (2d sentence, 1st cl.) 11144 20(6) (2d sentence, 2d cl.) 11145 20(6) (less 2d sentence) 11144 20(7)(a) 11901 20(7)(b) (proviso) 11144 20(7)(b) (less proviso) 11909 20(7)(c) 11901 20(7)(d) 11901 20(7)(e) 11901 20(7)(f) 11910 20(8) 11141 20(9) 11703 20(10) 10301 20(11) (2d sentence, 1st proviso) 10103 20(11) (less 1st sentence 2d 11707 proviso related to released value, 2d sentence less words before 2d proviso) 20(11) (1st sentence 2d proviso 10730 related to released value), 2d sentence (less 1st-5th provisos) 20(12) 11707 20a(1)-(10) 11301 20a(11) (2d and 3d sentences) 11709 20a(11) (less 2d, 3d, and 4th 11301 sentences) 20a(11) (last sentence) 11911 20a(12) (last sentence) 11911 20a(12) (less last sentence) 11322 20b(1) 11361 20b(2) (1st-3d sentences, 4th 11362 sentence less words between 8th comma and period, 9th sentence) 20b(2) (4th sentence, words 11363 between 8th comma and period, 8th comma and period, 8th sentence) 20b(2) (5th and 7th sentences) 11364 20b(2) (less 1st-9th sentences) 11365 20b(3) (1st and last sentences) 11362 20b(3) (less 1st and last 11363 sentences) 20b(4) 11365 20b(5) 11361 20b(6) 11366 20b(7) Rep. 20b(8) 11362 20b(9) 11367 20b(10) 10321 20b(11) 11367 20b(12) Rep. 20b(13) 11361 20c 11303 21 10311 22(1) (1st sentence 1st 26th and 10721 62d-76th words) 22(1) (1st sentence 77th-86th 10722 words and 2d proviso, 2d-4th sentences) 22(1) (1st sentence words between 10722 2d and 4th semicolons) 22(1) (1st sentence words between 10722 4th and 5th semicolons) 22(1) (1st sentence 27th-61st 10723 words and words between 1st and 2d semicolons) 22(1) (1st sentence words between 10723 6th semicolon and 1st proviso) 22(1) (last 2 sentences) 10724 22(1) (1st sentence words between 10103 5th and 6th semicolons) 22(1) (1st proviso 1st sentence) Rep. 22(2) (less 1st sentence proviso) 10721 22(2) (1st sentence proviso) Rep. 23 11703 25 Rep. 26(g) 501 26a 11504 26b 10381-10388 26c 11503 27 Rep. 41(1) (1st sentence) 11915 41(1) (less 1st sentence) 11903 41(2) (related to corporate 11903 violations) 41(2) (related to corporate 11915 violations) 41(2) (last sentence) 11916 41(3) 11902 42 Rep. 43 11703 44 T. 15 Sec. 28 45 T. 15 Sec. 29 46 11913 47, 48 Rep. 49 Elim. 50 (related to notice) 10329 50 (related to process) 10330 51 (related to ownership) 11321 51 (related to 49:6(11)) 10503 52 10783 53 Elim. 54-59 Rep. 60 11507 61-64 Rep. 65 10721 65a 10721 66 T. 31 Sec. 3726 67 Elim. 71-79 Rep. 80 T. 40 Sec. 316 141 Rep. 143 Rep. 151-157 Rep. 171-173a, 174-184 Rep. 201 Rep. 214 Rep. 241-244 T. 50 Sec. 151-154 245 T. 50 Sec. 156 246 Elim. 250-268 Rep. 301 Rep. 302(a) 10521 302(b)(1) 10521 302(b) (less (1)) 11506 302(c) 10523 303(a)(1) 10102 303(a)(2) 10342 303(a)(3) Rep. 303(a)(4) 10341 303(a)(5) Rep. 303(a)(6) Rep. 303(a)(7) Rep. 303(a)(8) 10102 303(a)(9) 10102 303(a)(10) (proviso) 10522 303(a)(10) (less proviso) 10521 303(a)(11) 10521, 10927 303(a)(12) 10102 303(a)(13) 10102 303(a)(14) (words before 2d comma) 10102 303(a)(14) (words after 2d comma) 10502 303(a)(15) 10102 303(a)(16) 10102 303(a)(17) 10102 303(a)(18) 10102 303(a)(19) 10102 303(a)(20) Rep. 303(a)(21) Rep. 303(a)(22), (23) 3101 303(b) 10526 303(c) (words between 6th and 7th 10521 commas) 303(c) (words before 'nor', less 10921 words between 6th and 7th commas) 303(c) (less words before 'nor') 10524 304(a) (matter preceding (1)) 10321 304(a)(1) (related to service) 11101 304(a)(1) (related to accounts) 11142 304(a)(1)-(2) (related to 3102 qualifications, hours of service, and safety) 304(a)(2) (less 'qualifications' 11142 through period) 304(a)(3) (1st sentence) 3102 304(a)(3) (last sentence) 502-507, 522, 523, 525, 526 (related to 'Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)') 304(a)(3) (last sentence) 525 (related to 'Sec. 305(d) (related to liability)') 304(a)(3) (last sentence) 3104 (related to 'Sec. 324') 304(a)(3a) (last sentence) 502-507, 522, 523, 525, 526 (related to 'Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)') 304(a)(3a) (1st sentence) 3102 304(a)(3a) (last sentence) 525 (related to 'Sec. 305(d) (related to liability)') 304(a)(3a) (last sentence) 3104 (related to 'Sec. 324'). 304(a)(4) 11142 304(a)(4a) 10525 304(a)(5) 3103 304(a)(6) 10321 304(a)(7) (words after semicolon) 10311 304(a)(7) (less words after 10321 semicolon) 304(b) 11102 304(c) 11701 304(d) (related to administration 10303 matters) 304(d) (related to reports) 10310 304(d) 10311 304(e) 11107 304(f) 11101 304a(1) 11706 304a(2) 11706 304a(3) 11706 304a(4) 11706 304a(5) 11705 304a(6) 11705 304a(7) Rep. 304a(8) 11706 305(a) (1st and 2d sentences) 10341 305(a) (3d sentence less proviso) 10342 305(a) (3d sentence proviso) 10344 305(a) (less 1st-3d sentences) 10343 305(b) (2d sentence, 1st 12 words) 10344 305(b) (1st, 3d, 5th, and 12th 10342 sentences) 305(b) (2d sentence 13th-37th 10341 words) 305(b) (4th and 6th sentences) 10342 305(b) (7th sentence) 10343 305(b) (8th sentence) 10343 305(b) (9th sentence) 10343 305(b) (10th sentence) 10342 305(b) (11th sentence) 10344 305(b) (less 1st-12th sentences) 10342 305(c) (related to the Commission) 10307 305(c) (related to joint boards) 10344 305(d) (related to Commission and 10321 employee board subpena power) 305(d) (related to joint boards) 10344 305(d) (related to liability) 11913 305(e) 10328 305(f) (4th sentence) 10344 305(f) (less 4th sentence) 11502 305(g) (proviso) Rep. 305(g) (less proviso) 11705, 11706 305(h) 10301-10306, 10308, 10309, 10321- 10325, 10328 305(i) (related to members of 10301 Commission) 305(i) (related to joint board) 10344 305(i) (related to examiner) 10306 305(j) 10301 305a 10344 note 306(a)(1) (word before proviso) 10921 306(a)(1) (words after colon) Rep. 306(a)(2) 10932 306(a)(3) Rep. 306(a)(4) Rep. 306(a)(5) Rep. 306(a)(6) 10931 306(a)(7) 10932 306(b) 10922 307 10922 308(a), (b) 10922 308(c), (d) 10932 309(a)(1) (words before 1st 10921 proviso) 309(a)(1) (words between 1st and Rep. last colons) 309(a)(1) (last proviso) 10526 309(a)(2) 10932 309(a)(3) Rep. 309(a)(4) Rep. 309(a)(5) Rep. 309(b) (last proviso) 10932 309(b) (less last proviso) 10923 310 10930 310a(a) 10928 310a(b) 11349 310a(c) 10928 310a(c) 11349 311(a) (words before 1st proviso) 10921 311(a) (words after 1st colon) 10924 311(b) 10924 311(c) (words before 2d comma) 10924 311(c) (words after 2d comma) 10927 311(d) 11144 312(a) 10925 312(b) 10926 312(c) Rep. 313 11304 314 (related to securities) 11302 314 (related to penalties) 11911 315 10927 316 (related to standards) 10701 316(a) (1st-24th, 45th-59th words) 10703 316(a) (60th-143d words) 10702 316(a) (25th-44th words) 11101 316(b) (related to standards) 10701 316(b) (16th-33d words) 11101 316(b) (less 16th-33d words) 10702 316(c) (less 2d sentence) 10703 316(c) (2d sentence) 10702 316(d) (1st sentence) 10701 316(d) (less 1st sentence) 10741 316(e) (2d sentence 2d cl.) 10705 316(e) (2d sentence less 2d cl. 10704 and less proviso) 316(e) (proviso) 10521 316(e) (less 2d sentence) 11701 316(f) 10705 316(g) (less proviso) 10708 316(g) (proviso) Rep. 316(h) 10701 316(i) 10704 316(j) 10103 317(a) 10762 317(b) (proviso) 10103, 10721-10724 317(b) (less proviso) 10761 317(c) 10762 317(d) 10761 318(a) (1st sentence related to 10701 standards) 318(a) (1st and 4th sentences, 10702 and 7th sentence proviso related to relief) 318(a) (2d, 5th, and 6th 10762 sentences, and 7th sentence proviso related to general requirements) 318(a) (3d sentence, 7th sentence 10761 less proviso, and 7th sentence proviso related to relief) 318(b) 10704 318(c) (proviso) Rep. 318(c) (less proviso) 10708 319 10730, 11707 320(a) (1st and 2d sentences) 11145 320(a) (less 1st and 2d sentences) 10764 320(b) 11145 320(c) 11143 320(d) 11144 320(e) 11141 320(f) 504 320(g) 11144 321(a) 10329 321(b) 10324 321(c) 10330 321(d) (related to orders) 10324 321(d) (related to notice) 10329 321(d) (related to process) 10330 322(a) 11914 322(b)(1) 11702 322(b) (less (1)) 11708 322(c) (related to rate 11904 violations) 322(c) (related to evasion of 11906 regulation) 322(d) 11910 322(e) 11910 322(f) 11910 322(g) 11909 322(h) 11901 323 (1st sentence) 10743 323 (less 1st sentence) 10744 324 11106 324a 10747 325 3103 325a 11504 326, 327 Rep. 901 Rep. 902(a) 10102 902(b) Rep. 902(c) 10102 902(d) (less exception) 10102 902(d) (words after 1st comma) 10502 902(e) (1st and 2d sentences) 10102 902(e) (3d-5th sentences) 10544 902(f) 10102 902(g) 10102 902(h) 10102 902(i) 10541 902(j)-(m) 10102 903(a) 10541 903(b) 10542 903(c) 10542 903(d) 10542 903(e)(i) 10544 903(e)(2) (last sentence) Rep. 903(e)(2) (less last sentence) 10544 903(e)(3) 10544 903(f) 10543 903(g) 10544 903(h) 10544 903(i) 10721 903(j) 10541 903(k) 10541 903(l) 10929 904(a) 10321 904(b) (words after last 10311 semicolon) 904(b) (less words after last 10321 semicolon) 904(c) 11102 904(d) 11108 904(e) 11701 905(a) (1st sentence related to 10701 standards and 2d sentence) 905(a) (1st sentence 1st cl.) 11101 905(a) (less 1st sentence 1st cl. 10702 and last sentence) 905(b) (4th sentence) 10701, 10702 905(b) (less 4th sentence) 10703 905(c) 10741 905(d) (1st sentence 2d cl., 2d 10701 sentence related to facilities) 905(d) (less 1st sentence 2d cl., 10742 2d sentence related to standards) 906(a) 10762 906(b) 10762 906(c) (proviso) 10103, 10721-10724 906(c) (less proviso) 10761 906(d) (1st sentence) 10761 906(d) (less 1st sentence) 10762 906(e) (1st sentence related to 10701 standards) 906(e) (1st sentence and 7th 10702 sentence proviso related to relief) 906(e) (2d, 4th, 5th, and 6th 10762 sentences, and 7th sentence provision, related to general requirements) 906(e) (3d sentence, and 7th 10761 sentence less proviso, and 7th sentence proviso related to relief) 907(a) 11701 907(b) 10704 907(c) 10701 907(d) 10705 907(e) 10705 907(f) 10704 907(g) (proviso) Rep. 907(g) (less proviso) 10708 907(h) 10704 907(i) (proviso) Rep. 907(i) (less proviso) 10708 908(a)-(e) 11705 908(f)(4) 11705 908(f) (less (4)) 11706 908(g) 11705 909(a) (words before 1st proviso) 10921 909(a) (words after 1st colon) Rep. 909(b) 10922 909(c) 10922 909(d) 10922 909(e) 10922 909(f) (words before 1st proviso) 10921 909(f) (words after 1st colon) Rep. 909(g) 10923 910 10930 911(a) 10928 911(b) 11349 912 10926 912a 10925 913(a) 11145 913(b) 10764 913(c) 11142 913(d) 11143 913(e) 11144 913(f) 11144 913(g) 11144 913 (less (a)-(g)) 11141 914 10747 915(a) 10329 915(b) 11701 915(c) 10324 915(d) 10324 915(e) 11914 916(a) 10301-10306, 10308, 10309, 10321- 10325, 10328, 11703, 11913 916(b) (related to Commission 11702 action) 916(b) (related to action by the 11703 Attorney General) 916(b) (related to action by 11705 private person) 916(c) 10310 916(d) 10303 917(a) 11914 917(b) 11904 917(c) 11904 917(d) 11909 917(e) 11910 917(f) (1st and 2d sentences) 11910 917 (less (a)-(e) and (f) (1st 11910 and 2d sentences)) 918 (1st sentence) 10743 918 (less 1st sentence) 10744 919 10301 920-922 Rep. 922a 11303 922b 11504 923 Rep. 1001 Rep. 1002(a)(2) Rep. 1002(a)(1), (3), (4), (5), (8) 10102 1002(a)(6), (7) 10561 1002(b) 10562 1002(c) 10562 1003(a) 10321 1003(b) 11101 1003(c) 10927 1003(d) 10927 1003(e) (words after last 10311 semicolon) 1003(e) (less words after last 10321 semicolon) 1003(f) 11701 1004(a) (1st cl.) 11101 1004(a) (related to standards) 10701 1004(a) (related to carrier 10702 authority) 1004(b) 10741 1004(c) 10741 1004(d) 10766 1005(a) 10762 1005(b) 10762 1005(c) (proviso) 10103, 10721-10724 1005(c) (less proviso) 10761 1005(d) 10762 1005(e) 10761 1006(a) 11701 1006(b) 10704 1006(c) 10701 1006(d) 10704 1006(e) (proviso) Rep. 1006(e) (less proviso) 10708 1006(f) (2d and 3d sentences) 10502 1006(f) (less 2d last sentences) 11502 1006(f) (4th and last sentences) 11501 1006a(5), (6) 11705 1006a (less (5), (6), (7)) 11706 1006a(7) Rep. 1007 10725 1008 10725 1009 10766 1010(a)(1) (words before 10921 semicolon) 1010(a) (less words before Rep. semicolon in par. (1)) 1010(b) 10923 1010(c) (less 2d sentence, words 10923 before semicolon) 1010(c) (2d sentence, words 10930 before semicolon) 1010(d) 10923 1010(e) 10923 1010(f) 10925 1010(g) 10926 1010(h) 10930 1010(i) (1st sentence) 10933 1010(i) (less 1st sentence and 2d 11908 sentence words before semicolon) 1010(i) (related to Commission 11702 action) 1010(i) (related to enforcement 11703 by the United States) 1010(i) (related to private 11704 enforcement) 1010(i) (related to State 11505 enforcement) 1011(a) 11323 1011(b) (last proviso) Rep. 1011(b) (less last proviso) 10930 1011(c) 11323 1011(d) 11701 1011(e) 11702 1011(f) 11701 1011(g) 11323 1012(a) (1st and 2d sentences) 11145 1012(a) (3d sentence) 11142 1012(a) (last sentence) 10764 1012(b) 11145 1012(c) 11144 1012(d) 11144 1012(e) 11144 1012(f) 11141 1013 (1st sentence related to 10730 released value) 1013 11707 1014 10743 1015 10747 1016(a) 10329 1016(b) 10324 1016(c) 10324 1016(d) 11914 1017(a) 10301-10306, 10308, 10309, 10311, 10321-10325, 10328, 11703, 11705, 11913 1017(b)(1) (related to Commission 11702 action) 1017(b)(1) (related to action by 11703 the Attorney General) 1017(b)(1) (related to action by 11705 private person) 1017(b) (less (1)) 11708 1017(c) 10310 1017(d) 10303 1018 10749 1019 Rep. 1020 (related to service) 11127 1020 (related to penalties) 11901 1021(a) 11914 1021(b) 11904 1021(c) 11904 1021(d) 11909 1021(e) 11910 1021(f) 11910 1021 (less (a)-(f)) 11703 1022 Rep. 1231-1240 Rep. 1341(a), (b) 106 1342 106 1343(a)(1), (2) (related to 324 cooperative agreements) 1343(a)(2) (related to Deputy 106 Administrator) 1343(b) 329 1343(d), (f), (g) (1st sentence 323 33d-43d words) 1343(g) (less 1st sentence 33d- 325 43d words) 1343(i) 322 1344(a) 322 1344(b) 331 1344(c)(1) 326 1344(d) (less words after 322 semicolon) 1344(d) (words after semicolon) (See T. 49 App. Sec. 1348(b).) 1344(e) 322 1352 329 1354(e) 308(b) 1601c 308(e) 1634 329 1651(a), (b)(1) 101 1651(b)(2) 303 1652(a)-(d) 102 1652(e) (related to FAA) 106 1652(e)(1) (related to FHWA) 104 1652(e)(1) (related to FRA) 103 1652(e)(3) (related to USCG) 108 1652(e)(3) (related to FHWA) 104 1652(e)(3) (related to FRA) 103 1652(e)(4) (related to FHWA) 104 1652(e)(4) (related to FRA) 103 1652a 103 1653(a) 301 1653(b) 302 1653(e) 307 1653(f) 303 1653(g) 304 1653 (note) 335 1654(a)-(e) 333 1654a 308(d) 1655(a)(1)(B), (C), (E)-(M), (4), (See Sec. 2 of Pub. L. 97-449.) (6)(B) 1655(a)(2)(A) (related to 49:1634) 329 1655(b)(1), (2) 108 1655(c)(1) (1st sentence proviso, 106 2d, last sentences) 1655(e)(5) (See Sec. 2 of Pub. L. 97-449.) 1655(e)(6)(B) 3103 1655(e)(6)(C) 3102, 3103 1655(e)(6)(D) (related to 'Sec. 503 321(a), (c)') 1655(e)(6)(D) (related to 'Sec. 3104 324') 1655(f)(2) 501, 502, 504-507, 521-526 1655(f)(3)(A), (C) (related to 103 FRA) 1655(f)(3)(B), (C) (related to 104 FHWA) 1655(g)(1)-(3), (4)(A), (B), (E), (See Sec. 2 of Pub. L. 97-449.) (5), (6) 1656(less (a) next-to-last par.) 305 1656(a) (next-to-last par.) (See T. 42 Sec. 1962a-2(a).) 1657(a), (b) 323 1657(c), (d) 324 1657(e)-(g) 322 1657(j) 327 1657(k) 102 1657(l) 331 1657(m) 326 1657(n) 329 1657(o) 325 1657(p) 324 1657(q)(1)-(3) 330 1657(r) 328 1657a 332 1658 308(a) 1660 335 ------------------------------- ENACTING CLAUSES Section 1(a) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2413, provided that: 'Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, 'Transportation'. Those laws may be cited as '49 U.S.C. Sec. - - - - '.' Section 1 of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1337, provided in part: 'That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as (subtitle IV of) title 49, United States Code, 'Transportation'.' CLARIFICATION OF CONGRESSIONAL INTENT Pub. L. 100-561, title III, Sec. 308, Oct. 31, 1988, 102 Stat. 2817, provided that: 'The Act entitled 'An Act to revise, codify, and enact without substantive change the Interstate Commerce Act and related laws as subtitle IV of title 49, United States Code, 'Transportation' ', approved October 17, 1978 (92 Stat. 1337; Public Law 95-473) does not repeal and has no substantive effect on any rights, obligations, liabilities, or remedies of oil pipelines, including those arising under any provisions of the Interstate Commerce Act (49 U.S.C. App. 1 et seq.) or the Pomerene Bills of Lading Act (49 U.S.C. App. 81 et seq.), before any Federal department or agency or official thereof or a court of competent jurisdiction.' LEGISLATIVE PURPOSE AND CONSTRUCTION Section 5 of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, provided that: '(a) Sections 1-4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1-4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1-4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1-4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1-4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 6 of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2443, provided that: '(a) Sections 1-5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1-5 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1-5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1-5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 2 of Pub. L. 96-258, June 3, 1980, 94 Stat. 427, provided that: '(a) Section 1 of this Act (enacting section 11351 of this title and amending sections 10324, 10327, 10382, 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11121, 11304, 11707, 11909, 11912, and 11914 of this title) restates, without substantive change, laws enacted before April 24, 1979, that were replaced by that section. That section may not be construed as making a substantive change in the laws replaced. Laws enacted after April 23, 1979, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. '(b) A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 3 of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, provided that: '(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before May 16, 1978, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after May 15, 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' REPEALS AND SAVINGS PROVISIONS Section 6(a) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, provided that: 'The repeal of a law enacted by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 6(b) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984. Section 7(a) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2443, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 7(b) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2443, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983. Section 3(a) of Pub. L. 96-258, June 3, 1980, 94 Stat. 427, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 3(b) of Pub. L. 96-258, June 3, 1980, 94 Stat. 427, repealed certain sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to applicability of such Act, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before June 3, 1980. Section 4(a) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 4(b) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, repealed the sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to the applicability of such Act, except as provided in section 4(c) of Pub. L. 95-473 and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 17, 1978. Section 4(c) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1470, provided that: 'The laws specified in the schedule in subsection (b) of this section, as they existed on October 1, 1977, are not repealed to the extent - '(1) those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to the transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for the transportation of oil by pipeline or the valuation of any such pipeline; and '(2) those functions and authority were transferred by sections 306 and 402(b) of the Department of Energy Organization Act (91 Stat. 581, 584, 42 U.S.C. 7155, 7172(b)).' EFFECTIVE DATE OF CERTAIN REPEALS Section 4(d) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1470, as amended by Pub. L. 97-449, Sec. 4(b)(3), Jan. 12, 1983, 96 Stat. 2441, provided that: 'The repeals, by subsection (b) of this section, of section 1(a)(25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 292, are effective on September 14, 1978.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 42 section 9607. ------DocID 55207 Document 2 of 1105------ -CITE- 49 USC TITLE 49, APPENDIX -EXPCITE- TITLE 49, APPENDIX -HEAD- TITLE 49, APPENDIX - TRANSPORTATION -MISC1- This Appendix consists of sections of former Title 49 that were not included in Title 49 as enacted by Pub. L. 95-473 and Pub. L. 97-449, and certain laws related to transportation that were enacted after Pub. L. 95-473. Sections from former Title 49 retain the same section numbers in this Appendix. For disposition of all sections of former Title 49, see Table at beginning of Title 49, Transportation. Chap. Sec. 1. Interstate Commerce Act, Part I; General Provisions and Railroad and Pipe Line Carriers 1 2. Legislation Supplementary to 'Interstate Commerce Act' (Repealed, Transferred, or Omitted) 41 3. Termination of Federal Control (Repealed or Transferred) 71 4. Bills of Lading 81 5. Inland Waterways Transportation 141 6. Air Commerce 171 7. Coordination of Interstate Railroad Transportation (Repealed) 250 8. Interstate Commerce Act, Part II; Motor Carriers (Repealed or Transferred) 301 9. Civil Aeronautics (Repealed, Omitted, or Transferred) 401 10. Training of Civil Aircraft Pilots (Omitted or Repealed) 751 11. Seizure and Forfeiture of Carriers Transporting, etc., Contraband Articles 781 12. Interstate Commerce Act, Part III; Water Carriers (Repealed) 901 13. Interstate Commerce Act, Part IV; Freight Forwarders (Repealed) 1001 14. Federal Aid for Public Airport Development (Repealed or Transferred) 1101 15. International Aviation Facilities 1151 16. Development of Commercial Aircraft (Omitted) 1181 17. Medals of Honor for Acts of Heroism 1201 18. Airways Modernization (Repealed) 1211 19. Interstate Commerce Act, Part V; Loan Guaranties (Repealed) 1231 20. Federal Aviation Program 1301 21. Urban Mass Transportation 1601 22. High-Speed Ground Transportation (Omitted or Repealed) 1631 23. Department of Transportation 1651 24. Natural Gas Pipeline Safety 1671 25. Aviation Facilities Expansion and Improvement 1701 26. Hazardous Materials Transportation Control (Repealed) 1761 27. Hazardous Materials Transportation 1801 28. National Transportation Safety Board 1901 29. Hazardous Liquid Pipeline Safety 2001 30. Abatement of Aviation Noise 2101 30A. Aviation Noise Policy 2151 31. Airport and Airway Improvement 2201 32. Commercial Motor Vehicles 2301 33. Public Airports 2401 34. Motor Carrier Safety 2501 35. Commercial Space Launch 2601 36. Commercial Motor Vehicle Safety 2701 37. Sanitary Food Transportation 2801 ------DocID 55257 Document 3 of 1105------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 49 -EXPCITE- TITLE 49, APPENDIX CHAPTER 2 -HEAD- Sec. 49. Transferred -COD- CODIFICATION Section, acts Feb. 4, 1887, ch. 104, pt. I, Sec. 23, formerly Mar. 2, 1889, ch. 382, Sec. 10, 25 Stat. 862; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, renumbered May 16, 1942, ch. 318, Sec. 5, 56 Stat. 301, which related to mandamus to obtain equal facilities for shippers, was transferred to section 23 of this Appendix pursuant to renumbering by act May 16, 1942. ------DocID 17085 Document 4 of 1105------ -CITE- 14 USC Sec. 48, 49 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 48, 49. Repealed. Pub. L. 86-474, Sec. 1(7), May 14, 1960, 74 Stat. 145) -MISC1- Section 48, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to permanent grade of that Assistant Commandant and Engineer in Chief on expiration of term. Section 49, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to grade and retired pay upon retirement of Assistant Commandant or Engineer in Chief. ------DocID 17490 Document 5 of 1105------ -CITE- 15 USC Sec. 49 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 49. Documentary evidence; depositions; witnesses -STATUTE- For the purposes of this subchapter the Commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, partnership, or corporation being investigated or proceeded against; and the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the Commission may sign subpoenas, and members and examiners of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, partnership, or corporation issue an order requiring such person, partnership, or corporation to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Upon the application of the Attorney General of the United States, at the request of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person, partnership, or corporation to comply with the provisions of this subchapter or any order of the Commission made in pursuance thereof. The Commission may order testimony to be taken by deposition in any proceeding or investigation pending under this subchapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 9, 38 Stat. 722; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 211, 84 Stat. 929; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 203(b), 88 Stat. 2198.) -MISC1- AMENDMENTS 1975 - First par. Pub. L. 93-637, Sec. 203(b)(1), substituted 'person, partnership, or corporation' for 'corporation'. Third par. Pub. L. 93-637, Sec. 203(b)(2), substituted 'person, partnership, or corporation' for 'corporation or other person' wherever appearing. Fourth par. Pub. L. 93-637, Sec. 203(b)(3), substituted 'person, partnership, or corporation' for 'person or corporation'. 1970 - Seventh par. Pub. L. 91-452 struck out provisions which granted immunity from prosecution for any natural person testifying or producing evidence, documentary or otherwise, before the commission in obedience to a subpoena issued by it. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application of rules to this section, see notes by Advisory Committee under rules 45 and 81, Title 28, Appendix, Judiciary and Judicial Procedure. Mandamus as abolished and manner of obtaining relief heretofore available, see rule 81. Subpoena, see rule 45. FEDERAL RULES OF CRIMINAL PROCEDURE Application of rule 42 to this section, see note by Advisory Committee under rule 42, Title 18, Appendix, Crimes and Criminal Procedure. Criminal contempt, see rule 42. Subpoena, see rule 17. CROSS REFERENCES Administrator of Wages and Hour Division, Secretary of Labor, and the industry committees under Fair Labor Standards Act, application of this section to, see section 209 of Title 29, Labor. Contempts - Contempts constituting crimes, see section 402 of Title 18, Crimes and Criminal Procedure. Jury trial of criminal contempts, see section 3691 of Title 18. Limitation of prosecution, see section 3285 of Title 18. Power of court, see section 401 of Title 18. Power of Supreme Court to prescribe rules of procedure, see section 2072 et seq. of Title 28, Judiciary and Judicial Procedure. Witness in foreign country failing to appear pursuant to subpoena, see section 1784 of Title 28. Hearings and investigations under Fair Labor Standards Act, application to, see section 209 of Title 29, Labor. Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Jurisdiction, powers and duties of Secretary of Agriculture in enforcing the provisions of the Packers and Stockyards Act, application of this section to, see section 222 of Title 7, Agriculture. Per diem and mileage of witnesses, see section 1821 of Title 28, Judiciary and Judicial Procedure. Writs, issuance of, see section 1651 of Title 28. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 57b-1 of this title; title 7 sections 222, 610, 2146, 3807; title 21 sections 467d, 677, 1051; title 26 section 5274; title 27 section 202; title 29 sections 177, 209, 521, 1134, 1573, 1862, 2004; title 33 sections 907, 944; title 42 section 7255; title 50 App. section 1983. ------DocID 17791 Document 6 of 1105------ -CITE- 15 USC Sec. 80a-49 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-49. Construction with other laws -STATUTE- Except where specific provision is made to the contrary, nothing in this subchapter shall affect (1) the jurisdiction of the Commission under the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), or subchapter II of this chapter, over any person, security, or transaction, or (2) the rights, obligations, duties, or liabilities of any person under such Acts; nor shall anything in this subchapter affect the jurisdiction of any other commission, board, agency, or officer of the United States or of any State or political subdivision of any State, over any person, security, or transaction, insofar as such jurisdiction does not conflict with any provision of this subchapter or of any rule, regulation, or order hereunder. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 50, 54 Stat. 846.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in text, is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in text, is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. The Public Utility Holding Company Act of 1935, referred to in text, is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended, which is classified generally to chapter 2C (Sec. 79 et seq.) of this title. For complete classification of this Act to the Code, see section 79 of this title and Tables. The Trust Indenture Act of 1939, referred to in text, is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, and amended, which is classified generally to subchapter III (Sec. 77aaa et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77aaa of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18966 Document 7 of 1105------ -CITE- 15 USC CHAPTER 49 -EXPCITE- TITLE 15 CHAPTER 49 -HEAD- CHAPTER 49 - FIRE PREVENTION AND CONTROL -MISC1- Sec. 2201. Congressional findings. 2202. Declaration of purpose. 2203. Definitions. 2204. United States Fire Administration. (a) Establishment. (b) Administrator. (c) Deputy Administrator. 2205. Public education. 2206. National Academy for Fire Prevention and Control. (a) Establishment. (b) Superintendent. (c) Powers of Superintendent. (d) Program of the Academy. (e) Technical assistance. (f) Assistance to State and local fire service training programs. (g) Site selection. (h) Construction costs. (i) Educational and professional assistance. (j) Board of Visitors. (k) Accreditation. (l) Admission. 2207. Fire technology. (a) Development. (b) Limitation on manufacture and sale of equipment. (c) Management studies. (d) Rural assistance. (e) Coordination. 2208. National Fire Data Center. (a) Functions. (b) Methods. (c) Dissemination of fire data. 2209. Master plans. (a) Encouragement by Administrator. (b) Report to Congress. (c) 'Master plan' defined. 2210. Reimbursement for costs of firefighting on Federal property. (a) Filing of claims. (b) Determination. (c) Payment. (d) Adjudication. 2211. Review of fire prevention codes. 2212. Fire safety effectiveness statements. 2213. Annual conference. 2214. Public safety awards. (a) Establishment. (b) Description. (c) Selection. (d) Limitation on number of awards. (e) Award. (f) Regulations. (g) 'Public safety officer' defined. 2215. Reports to Congress and President. 2216. Authorization of appropriations. 2217. Public access to information. 2218. Administrative provisions. (a) Assistance to Administrator. (b) Powers of Administrator. (c) Audit. (d) Inventions and discoveries. (e) Coordination. 2219. Assistance to Consumer Product Safety Commission. 2220. Arson prevention, detection, and control. (a) Duties of Administrator. (b) Report to Congress on manner of assistance to States and local jurisdictions. 2221. Repealed. 2222. Effectiveness study concerning smoke detectors, heat detectors, and sprinkler suppression systems. (a) Authorization; considerations. (b) Recommendations by Administrator. (c) Legislative proposals. (d) Availability of information, data, estimates, etc., from Federal departments. 2223. Firefighter safety study. (a) Contents. (b) Submission to Congress. 2223a. Review. 2223b. Working group. 2223c. Report and recommendations. 2223d. Annual revision of recommendations. 2223e. 'Emergency response personnel' defined. 2224. Listings of certified places of public accommodation. (a) Submissions by States. (b) Compilation and distribution of master list. 2225. Fire prevention and control guidelines for places of public accommodation. (a) Contents of guidelines. (b) Effect on State and local law. (c) Definitions. 2225a. Prohibiting Federal funding of conferences held at non-certified places of public accommodation. (a) In general. (b) Waiver. (c) Notice requirements. (d) Effective date. 2226. Dissemination of fire prevention and control information. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 2106. ------DocID 19699 Document 8 of 1105------ -CITE- 16 USC Sec. 49 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 49. Rights of claimants and owners of lands included; laws and regulations applicable within park -STATUTE- None of the lands patented and in private ownership in the area included under sections 46 and 47 of this title in the Sierra National Forest shall have the privileges of the lieu-land scrip provisions of the land laws, but otherwise to be in all respects under the laws and regulations affecting the national forests. All laws, rules, and regulations affecting national forests, including the right to change the boundaries thereof by Executive proclamation, shall take effect and be in force within the limits of the territory excluded by sections 46 and 47 of this title from the Yosemite National Park, except as otherwise provided. -SOURCE- (Feb. 7, 1905, ch. 547, Sec. 2, 33 Stat. 703; June 11, 1906, No. 27, Sec. 2, 34 Stat. 832; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) -COD- CODIFICATION 'Sierra National Forest' and 'national forests' substituted in text for 'Sierra Forest Reserve' and for 'forest reserves' and 'forest reservations', respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. ------DocID 21431 Document 9 of 1105------ -CITE- 16 USC Sec. 460uu-49 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-49. Water rights -STATUTE- (a) Reservation to United States of minimum amount of water required Congress expressly reserves to the United States the minimum amount of water required to carry out the purposes for which the national monument, the conservation area, and the wilderness areas are designated under this subchapter. The priority date of such reserved rights shall be December 31, 1987. (b) Effect on existing valid or vested water rights Nothing in this section shall affect any existing valid or vested water right, or applications for water rights which are pending as of December 31, 1987, and which are subsequently granted: Provided, That nothing in this subsection shall be construed to require the National Park Service to allow the drilling of ground water wells within the boundaries of the national monument. (c) Construction of section as precedent with regard to future designations Nothing in this section shall be construed as establishing a precedent with regard to any future designations, nor shall it affect the interpretation of any other Act or any designation made pursuant thereto. -SOURCE- (Pub. L. 100-225, title V, Sec. 509, Dec. 31, 1987, 101 Stat. 1549.) ------DocID 23274 Document 10 of 1105------ -CITE- 16 USC CHAPTER 49 -EXPCITE- TITLE 16 CHAPTER 49 -HEAD- CHAPTER 49 - FISH AND WILDLIFE CONSERVATION -MISC1- Sec. 2901. Congressional findings and declaration of purpose. (a) Findings. (b) Purpose. 2902. Definitions. 2903. Conservation plans. 2904. Approval of conservation plans and certain nongame fish and wildlife conservation actions. (a) Approval by Secretary of plans. (b) Effect of approval of plans. (c) Conservation actions. (d) Nongame conservation actions in the absence of an approved plan. 2905. Reimbursement of State cost for developing, revising, and implementing conservation plans and implementing certain nongame fish and wildlife conservation actions. (a) In general. (b) Applications. (c) Eligibility. (d) Reimbursement. (e) Limitations. 2906. Terms and conditions of reimbursement. 2907. Allocation of funds for administration and reimbursement of States. (a) In general. (b) Allocation formula. (c) Treatment of amounts allocated but not used for any fiscal year. 2908. Other Federal assistance and actions. 2909. Disclaimers. 2910. Authorization of appropriations. 2911. Study on most equitable and effective mechanism for funding State conservation plans; report to Congressional committees. 2912. Federal conservation of migratory nongame birds. (a) Conservation activities. (b) Reports. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 4402 of this title. ------DocID 24175 Document 11 of 1105------ -CITE- 18 USC CHAPTER 49 -EXPCITE- TITLE 18 PART I CHAPTER 49 -HEAD- CHAPTER 49 - FUGITIVES FROM JUSTICE -MISC1- Sec. 1071. Concealing person from arrest. 1072. Concealing escaped prisoner. 1073. Flight to avoid prosecution or giving testimony. 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property. AMENDMENTS 1960 - Pub. L. 86-449, title II, Sec. 202, May 6, 1960, 74 Stat. 87, added item 1074. ------DocID 25140 Document 12 of 1105------ -CITE- 18 USC Rule 49 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 49. Service and Filing of Papers -STATUTE- (a) Service: When Required. Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties. (b) Service: How Made. Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party personally is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions. (c) Notice of Orders. Immediately upon the entry of an order made on a written motion subsequent to arraignment the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted by Rule 4(b) of the Federal Rules of Appellate Procedure. (d) Filing. Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions. (e) Filing of Dangerous Offender Notice. A filing with the court pursuant to 18 U.S.C. Sec. 3575(a) or 21 U.S.C. Sec. 849(a) shall be made by filing the notice with the clerk of the court. The clerk shall transmit the notice to the chief judge or, if the chief judge is the presiding judge in the case, to another judge or United States magistrate in the district, except that in a district having a single judge and no United States magistrate, the clerk shall transmit the notice to the court only after the time for disclosure specified in the aforementioned statutes and shall seal the notice as permitted by local rule. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This rule is substantially the same as Rule 5(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix) with such adaptations as are necessary for criminal cases. Note to Subdivision (b). The first sentence of this rule is in substance the same as the first sentence of Rule 5(b) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). The second sentence incorporates by reference the second and third sentences of Rule 5(b) of the Federal Rules of Civil Procedure. Note to Subdivision (c). This rule is an adaptation for criminal proceedings of Rule 77(d) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). No consequence attaches to the failure of the clerk to give the prescribed notice, but in a case in which the losing party in reliance on the clerk's obligation to send a notice failed to file a timely notice of appeal, it was held competent for the trial judge, in the exercise of sound discretion, to vacate the judgment because of clerk's failure to give notice and to enter a new judgment, the term of court not having expired. Hill v. Hawes, 320 U.S. 520. Note to Subdivision (d). This rule incorporates by reference Rule 5(d) and (e) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - The words 'adverse parties' in the original rule introduced a question of interpretation. When, for example, is a co-defendant an adverse party? The amendment requires service on each of the parties thus avoiding the problem of interpretation and promoting full exchange of information among the parties. No restriction is intended, however, upon agreements among co-defendants or between the defendants and the government restricting exchange of papers in the interest of eliminating unnecessary expense. Cf. the amendment made effective July 1, 1963, to Civil Rule 5(a). Subdivision (c). - The words 'affected thereby' are deleted in order to require notice to all parties. Cf. the similar change made effective July 1, 1963, to Civil Rule 77(d). The sentence added at the end of the subdivision eliminates the possibility of extension of the time to appeal beyond the provision for a 30 day extension on a showing or 'excusable neglect' provided in Rule 37(a)(2). Cf. the similar change made in Civil Rule 77(d) effective in 1948. The question has arisen in a number of cases whether failure or delay in giving notice on the part of the clerk results in an extension of the time for appeal. The 'general rule' has been said to be that in the event of such failure or delay 'the time for taking an appeal runs from the date of later actual notice or receipt of the clerk's notice rather than from the date of entry of the order.' Lohman v. United States, 237 F.2d 645, 646 (6th Cir. 1956). See also Rosenbloom v. United States, 355 U.S. 80 (1957) (permitting an extension). In two cases it has been held that no extension results from the failure to give notice of entry of judgments (as opposed to orders) since such notice is not required by Rule 49(d). Wilkinson v. United States, 278 F.2d 604 (10th Cir. 1960), cert. den. 363 U.S. 829; Hyche v. United States, 278 F.2d 915 (5th Cir. 1960), cert. den. 364 U.S. 881. The excusable neglect extension provision in Rule 37(a)(2) will cover most cases where failure of the clerk to give notice of judgments or orders has misled the defendant. No need appears for an indefinite extension without time limit beyond the 30 day period. NOTES OF ADVISORY COMMITTEE ON RULES - 1968 AMENDMENT The amendment corrects the reference to Rule 37(a)(2), the pertinent provisions of which are contained in Rule 4(b) of the Federal Rules of Appellate Procedure. NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT 18 U.S.C. Sec. 3575(a) and 21 U.S.C. Sec. 849(a), dealing respectively with dangerous special offender sentencing and dangerous special drug offender sentencing, provide for the prosecutor to file notice of such status 'with the court' and for the court to 'order the notice sealed' under specified circumstances, but also declare that disclosure of this notice shall not be made 'to the presiding judge without the consent of the parties' before verdict or plea of guilty or nolo contendere. It has been noted that these provisions are 'regrettably unclear as to where, in fact, such notice is to be filed' and that possibly filing with the chief judge is contemplated. United States v. Tramunti, 377 F.Supp. 6 (S.D.N.Y. 1974). But such practice has been a matter of dispute when the chief judge would otherwise have been the presiding judge in the case, United States v. Gaylor, No. 80-5016 (4th Cir. 1981), and 'it does not solve the problem in those districts where there is only one federal district judge appointed,' United States v. Tramunti, supra. The first sentence of subdivision (e) clarifies that the filing of such notice with the court is to be accomplished by filing with the clerk of the court, which is generally the procedure for filing with the court; see subdivision (d) of this rule. Except in a district having a single judge and no United States magistrate, the clerk will then, as provided in the second sentence, transmit the notice to the chief judge or to some other judge or a United States magistrate if the chief judge is scheduled to be the presiding judge in the case, so that the determination regarding sealing of the notice may be made without the disclosure prohibited by the aforementioned statutes. But in a district having a single judge and no United States magistrate this prohibition means the clerk may not disclose the notice to the court at all until the time specified by statute. The last sentence of subdivision (e) contemplates that in such instances the clerk will seal the notice if the case falls within the local rule describing when 'a public record may prejudice fair consideration of a pending criminal matter,' the determination called for by the aforementioned statutes. The local rule might provide, for example, that the notice is to be sealed upon motion by any party. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Appellate Procedure, referred to in subd. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Notice of entry of judgments or orders, see rule 77, Title 28, Appendix, Judiciary and Judicial Procedure. Service and filing of papers, see rule 5. CROSS REFERENCES Affidavits used on motions, see rule 47. Application for order by motion, see rule 47. Enlargement of time for taking appeal not permitted, see rule 45. Service of notice of motion and affidavits, see rule 45. ------DocID 25181 Document 13 of 1105------ -CITE- 19 USC Sec. 49 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 49. Repealed. Aug. 26, 1935, ch. 689, Sec. 1, 49 Stat. 864 -MISC1- Section, R.S. Sec. 1790, related to restriction on payment for services of officers or other persons in customs service. ------DocID 26099 Document 14 of 1105------ -CITE- 20 USC Sec. 49 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 49. Statement of expenditures -STATUTE- The Secretary shall submit to Congress annually at the beginning of each regular session thereof a detailed statement of the expenditures of the preceding fiscal year, under appropriations for 'International Exchanges,' 'North American Ethnology,' and the 'National Museum.' -SOURCE- (Oct. 2, 1888, ch. 1069, 25 Stat. 529.) -CROSS- CROSS REFERENCES Annual report of salaries, see section 58 of this title. Printing and distribution of reports of Smithsonian Institution, see section 1341 of Title 44, Public Printing and Documents. ------DocID 27882 Document 15 of 1105------ -CITE- 20 USC CHAPTER 49 -EXPCITE- TITLE 20 CHAPTER 49 -HEAD- CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL -MISC1- Sec. 3601. Congressional statement of findings and purposes. 3602. Asbestos Hazards School Safety Task Force. (a) Establishment; composition; membership; chairman; appointment; vacancies. (b) Meetings; quorum; hearings. (c) Compensation; travel expenses. (d) Availability of Department of Education personnel; use of mails. (e) Duties. (f) Termination. 3603. State plan. (a) Submission by State educational agency receiving administrative funds for programs; contents. (b) Reporting requirements respecting plan implementation. 3604. Asbestos hazards detection program. (a) Grants to local and State educational agencies for Federal share; duration of granting authority; amount of Federal share. (b) Application for grants; procedures applicable for approval; programs completed before January 1, 1976; determinations respecting amount of grant. (c) Reporting requirements for recipients. (d) Availability of appropriated funds for education and technical assistance programs. 3605. Asbestos Hazards Control Loan Program. (a) Establishment; administration; loans to local educational agencies for share of project costs; project criteria; increase in amount of loans. (b) Loan agreements; required terms; additional terms and conditions. (c) Application for loans; procedures applicable for approval; projects completed before January 1, 1976. (d) Reporting requirements for Secretary. 3606. Standards and safety procedures. (a) Establishment and distribution to designated State agency or unit; establishment of criteria for loan program eligibility. (b) Establishment of regulations. (c) Avoidance of duplication of similar activities of Environmental Protection Agency. 3607. Recovery of costs by United States. (a) Suit by United States on behalf of grant or loan recipient for recovery of costs of activities of recipient; proceeds of judgment. (b) Investigation and report by Attorney General respecting feasibility of recovery of costs from any person determined by Attorney General to be liable. (c) Expeditious proceedings by Attorney General. 3608. Employee protection. 3609. Retained rights. 3610. Definitions. 3611. Authorization of appropriations. (a) Sums available during obligation period for asbestos detection and asbestos hazards control loan programs. (b) Programs automatically eligible for contingent extension. (c) Greatest financial need as basis for approval of applications in case of insufficient funds. (d) Authority of Secretary dependent on specific appropriations. -CROSS- CROSS REFERENCES Abatement of asbestos hazards in schools, see section 4011 et seq. of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3489 of this title. ------DocID 28275 Document 16 of 1105------ -CITE- 21 USC Sec. 49 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 49. Reimporting rejected teas; forfeiture -STATUTE- No imported teas which have been rejected by a customs examiner or by the United States Board of Tea Appeals, and exported under the provisions of this chapter, shall be reimported into the United States under the penalty of forfeiture for a violation of this prohibition. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 9, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712.) ------DocID 30718 Document 17 of 1105------ -CITE- 22 USC CHAPTER 49 -EXPCITE- TITLE 22 CHAPTER 49 -HEAD- CHAPTER 49 - SUPPORT OF PEACE TREATY BETWEEN EGYPT AND ISRAEL -MISC1- SUBCHAPTER I - POLITICAL, ECONOMIC, AND TECHNOLOGICAL SUPPORT Sec. 3401. Congressional findings and declaration of policy. (a) Policy of support for peace treaty. (b) Findings. (c) Other agreements, understandings, or commitments. 3402. Supplemental authorization of foreign military sales loan guaranties for Egypt and Israel. (a) Congressional findings; use of Arms Export Control Act procedures. (b) Authorization of appropriation. (c) Principal amounts of guaranteed loans. (d) Repayment schedule. (e) Modification of terms of guaranteed loans. 3403. Supplemental authorization of economic support for Egypt. 3404. Transfer of facilities of United States Sinai Field Mission to Egypt. 3405. Contributions by other countries to support peace in the Middle East. (a) Presidential consultations with other countries. (b) Repealed. 3406. Trilateral scientific and technological cooperation by Egypt, Israel, and United States. (a) Preparation for United States participation. (b) Plan development. 3407. Repealed. 3408. Non-proliferation of nuclear weapons. SUBCHAPTER II - MULTINATIONAL FORCE AND OBSERVERS PARTICIPATION 3421. Congressional declaration of policy. 3422. Participation of United States personnel in the Multinational Force and Observers. (a) Participation by United States Armed Forces; maximum limit on the number of members. (b) Participation by civilian personnel. (c) Status of United States personnel. 3423. United States contributions to costs. (a) United States share of the costs. (b) Authorization of appropriations. (c) Reimbursements to the United States. 3424. Nonreimbursed costs. (a) Administrative and technical support and services. (b) Costs to be kept at minimum level. (c) Military training of armed forces of other countries. 3425. Reports to Congress. (a) Initial report. (b) Annual report; content. (c) Description, detail, and accuracy of reports. 3426. Statements of Congressional intent. (a) Disclaimer of Congressional approval of other agreements, understandings, or commitments. (b) Limitations on United States participation. (c) War Powers Resolution. 3427. Definitions. ------DocID 31722 Document 18 of 1105------ -CITE- 25 USC Sec. 49 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 49. Repealed. June 30, 1932, ch. 317, 47 Stat. 421 -MISC1- Section, act May 25, 1918, ch. 86, Sec. 1, 40 Stat. 565, related to qualifications of farmers. ------DocID 33571 Document 19 of 1105------ -CITE- 26 USC Sec. 49 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 49. At-risk rules -STATUTE- (a) General rule (1) Certain nonrecourse financing excluded from credit base (A) Limitation The credit base of any property to which this paragraph applies shall be reduced by the nonqualified nonrecourse financing with respect to such credit base (as of the close of the taxable year in which placed in service). (B) Property to which paragraph applies This paragraph applies to any property which - (i) is placed in service during the taxable year by a taxpayer described in section 465(a)(1), and (ii) is used in connection with an activity with respect to which any loss is subject to limitation under section 465. (C) Credit base defined For purposes of this paragraph, the term 'credit base' means - (i) the portion of the basis of any qualified rehabilitated building attributable to qualified rehabilitation expenditures, (ii) the basis of any energy property, and (iii) the amortizable basis of any qualified timber property. (D) Nonqualified nonrecourse financing (i) In general For purposes of this paragraph and paragraph (2), the term 'nonqualified nonrecourse financing' means any nonrecourse financing which is not qualified commercial financing. (ii) Qualified commercial financing For purposes of this paragraph, the term 'qualified commercial financing' means any financing with respect to any property if - (I) such property is acquired by the taxpayer from a person who is not a related person, (II) the amount of the nonrecourse financing with respect to such property does not exceed 80 percent of the credit base of such property, and (III) such financing is borrowed from a qualified person or represents a loan from any Federal, State, or local government or instrumentality thereof, or is guaranteed by any Federal, State, or local government. Such term shall not include any convertible debt. (iii) Nonrecourse financing For purposes of this subparagraph, the term 'nonrecourse financing' includes - (I) any amount with respect to which the taxpayer is protected against loss through guarantees, stop-loss agreements, or other similar arrangements, and (II) except to the extent provided in regulations, any amount borrowed from a person who has an interest (other than as a creditor) in the activity in which the property is used or from a related person to a person (other than the taxpayer) having such an interest. In the case of amounts borrowed by a corporation from a shareholder, subclause (II) shall not apply to an interest as a share-holder. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should not be hyphenated. (iv) Qualified person For purposes of this paragraph, the term 'qualified person' means any person which is actively and regularly engaged in the business of lending money and which is not - (I) a related person with respect to the taxpayer, (II) a person from which the taxpayer acquired the property (or a related person to such person), or (III) a person who receives a fee with respect to the taxpayer's investment in the property (or a related person to such person). (v) Related person For purposes of this subparagraph, the term 'related person' has the meaning given such term by section 465(b)(3)(C). Except as otherwise provided in regulations prescribed by the Secretary, the determination of whether a person is a related person shall be made as of the close of the taxable year in which the property is placed in service. (E) Application to partnerships and S corporations For purposes of this paragraph and paragraph (2) - (i) In general Except as otherwise provided in this subparagraph, in the case of any partnership or S corporation, the determination of whether a partner's or shareholder's allocable share of any financing is nonqualified nonrecourse financing shall be made at the partner or shareholder level. (ii) Special rule for certain recourse financing of S corporation A shareholder of an S corporation shall be treated as liable for his allocable share of any financing provided by a qualified person to such corporation if - (I) such financing is recourse financing (determined at the corporate level), and (II) such financing is provided with respect to qualified business property of such corporation. (iii) Qualified business property For purposes of clause (ii), the term 'qualified business property' means any property if - (I) such property is used by the corporation in the active conduct of a trade or business, (II) during the entire 12-month period ending on the last day of the taxable year, such corporation had at least 3 full-time employees who were not owner-employees (as defined in section 465(c)(7)(E)(i)) and substantially all the services of whom were services directly related to such trade or business, and (III) during the entire 12-month period ending on the last day of such taxable year, such corporation had at least 1 full-time employee substantially all of the services of whom were in the active management of the trade or business. (iv) Determination of allocable share The determination of any partner's or shareholder's allocable share of any financing shall be made in the same manner as the credit allowable by section 38 with respect to such property. (F) Special rules for energy property Rules similar to the rules of subparagraph (F) of section 46(c)(8) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. (2) Subsequent decreases in nonqualified nonrecourse financing with respect to the property (A) In general If, at the close of a taxable year following the taxable year in which the property was placed in service, there is a net decrease in the amount of nonqualified nonrecourse financing with respect to such property, such net decrease shall be taken into account as an increase in the credit base for such property in accordance with subparagraph (C). (B) Certain transactions not taken into account For purposes of this paragraph, nonqualified nonrecourse financing shall not be treated as decreased through the surrender or other use of property financed by nonqualified nonrecourse financing. (C) Manner in which taken into account (i) Credit determined by reference to taxable year property placed in service For purposes of determining the amount of credit allowable under section 38 and the amount of credit subject to the early disposition or cessation rules under section 50(a), any increase in a taxpayer's credit base for any property by reason of this paragraph shall be taken into account as if it were property placed in service by the taxpayer in the taxable year in which the property referred to in subparagraph (A) was first placed in service. (ii) Credit allowed for year of decrease in nonqualified nonrecourse financing Any credit allowable under this subpart for any increase in qualified investment by reason of this paragraph shall be treated as earned during the taxable year of the decrease in the amount of nonqualified nonrecourse financing. (b) Increases in nonqualified nonrecourse financing (1) In general If, as of the close of the taxable year, there is a net increase with respect to the taxpayer in the amount of nonqualified nonrecourse financing (within the meaning of subsection (a)(1)) with respect to any property to which subsection (a)(1) applied, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in credits allowed under section 38 for all prior taxable years which would have resulted from reducing the credit base (as defined in subsection (a)(1)(C)) taken into account with respect to such property by the amount of such net increase. For purposes of determining the amount of credit subject to the early disposition or cessation rules of section 50(a), the net increase in the amount of the nonqualified nonrecourse financing with respect to the property shall be treated as reducing the property's credit base in the year in which the property was first placed in service. (2) Transfers of debt more than 1 year after initial borrowing not treated as increasing nonqualified nonrecourse financing For purposes of paragraph (1), the amount of nonqualified nonrecourse financing (within the meaning of subsection (a)(1)(D)) with respect to the taxpayer shall not be treated as increased by reason of a transfer of (or agreement to transfer) any evidence of any indebtedness if such transfer occurs (or such agreement is entered into) more than 1 year after the date such indebtedness was incurred. (3) Special rules for certain energy property Rules similar to the rules of section 47(d)(3) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. (4) Special rule Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit allowable under subpart A, B, D, or G. -SOURCE- (Added Pub. L. 99-514, title II, Sec. 211(a), Oct. 22, 1986, 100 Stat. 2166, and amended Pub. L. 100-647, title I, Sec. 1002(e)(1)-(3), (8)(B), Nov. 10, 1988, 102 Stat. 3367, 3369; Pub. L. 101-508, title XI, Sec. 11813(a), Nov. 5, 1990, 104 Stat. 1388-543.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsecs. (a)(1)(F) and (b)(3), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. -MISC2- PRIOR PROVISIONS A prior section 49, Pub. L. 91-172, title VII, Sec. 703(a), Dec. 30, 1969, 83 Stat. 660; Pub. L. 92-178, title I, Sec. 101(b)(1)-(4), Dec. 10, 1971, 85 Stat. 498, 499, which related to termination of rules for computing credit for investment in certain depreciable property for period beginning Apr. 19, 1969, and ending during 1971, was repealed by Pub. L. 95-600, title III, Sec. 312(c)(1), Nov. 6, 1978, 92 Stat. 2826, applicable to taxable years ending after Dec. 31, 1978. AMENDMENTS 1990 - Pub. L. 101-508, Sec. 11813(a), amended section generally, substituting section catchline for one which read: 'Termination of regular percentage' and in text substituting present provisions for provisions relating to the nonapplicability of the regular percentage to any property placed in service after Dec. 31, 1985, for purposes of determining the investment tax credit, exceptions to such rule, the 35 percent reduction in credit for taxable years after 1986, the full basis adjustment in determining investment tax credit, and the definition of transition property and treatment of progress expenditures. 1988 - Subsec. (c)(4)(B). Pub. L. 100-647, Sec. 1002(e)(2), substituted 'years' for 'year' in heading and amended text generally. Prior to amendment, text read as follows: 'The amount of the reduction of the regular investment credit under paragraph (3) - '(i) may not be carried back to any taxable year, but '(ii) shall be added to the carryforwards from the taxable year before applying paragraph (2).' Subsec. (c)(5)(B)(i). Pub. L. 100-647, Sec. 1002(e)(3), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: 'The term 'regular investment credit' has the meaning given such term by section 48(o)'. Subsec. (c)(5)(C). Pub. L. 100-647, Sec. 1002(e)(8)(B), struck out subpar. (C) which related to portion of credits attributable to regular investment credit. Subsec. (d)(1). Pub. L. 100-647, Sec. 1002(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'In the case of periods after December 31, 1985, section 48(q) (relating to basis adjustment to section 38 property) shall be applied with respect to transaction property - '(A) by substituting '100 percent' for '50 percent' in paragraph (1), and '(B) without regard to paragraph (4) thereof (relating to election of reduced credit in lieu of basis adjustment).' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as a note under section 29 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1002(e)(1)-(3) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. Amendment by section 1002(e)(8)(B) of Pub. L. 100-647 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 1002(e)(8)(C) of Pub. L. 100-647, set out as a note under section 38 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 211(e) of Pub. L. 99-514, as amended by Pub. L. 100-647, title I, Sec. 1002(e)(4)-(7), Nov. 10, 1988, 102 Stat. 3367, 3368, provided that: '(1) In general. - Except as provided in this subsection, the amendments made by this section (enacting this section and provisions set out below) shall apply to property placed in service after December 31, 1985, in taxable years ending after such date. Section 49(c) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to taxable years ending after June 30, 1987, and to amounts carried to such taxable years. '(2) Exceptions for certain films. - For purposes of determining whether any property is transition property within the meaning of section 49(e) of the Internal Revenue Code of 1986 - '(A) in the case of any motion picture or television film, construction shall be treated as including production for purposes of section 203(b)(1) of this Act (enacting provisions set out as a note under section 168 of this title), and written contemporary evidence of an agreement (in accordance with industry practice) shall be treated as a written binding contract for such purposes, '(B) in the case of any television film, a license agreement or agreement for production services between a television network and a producer shall be treated as a binding contract for purposes of section 203(b)(1)(A) of this Act, and '(C) a motion picture film shall be treated as described in section 203(b)(1)(A) of this Act if - '(i) funds were raised pursuant to a public offering before September 26, 1985, for the production of such film, '(ii) 40 percent of the funds raised pursuant to such public offering are being spent on films the production of which commenced before such date, and '(iii) all of the films funded by such public offering are required to be distributed pursuant to distribution agreements entered into before September 26, 1985. '(3) Normalization rules. - The provisions of subsection (b) (see Normalization Rules note below) shall apply to any violation of the normalization requirements under paragraph (1) or (2) of section 46(f) of the Internal Revenue Code of 1986 occurring in taxable years ending after December 31, 1985. '(4) Additional exceptions. - '(A) Subsections (c) and (d) of section 49 of the Internal Revenue Code of 1986 shall not apply to any continuous caster facility for slabs and blooms which is subject to a lease and which is part of a project the second phase of which is a continuous slab caster which was placed in service before December 31, 1985. '(B) For purposes of determining whether an automobile manufacturing facility (including equipment and incidental appurtenances) is transition property within the meaning of section 49(e), property with respect to which the Board of Directors of an automobile manufacturer formally approved the plan for the project on January 7, 1985 shall be treated as transition property and subsections (c) and (d) of section 49 of such Code shall not apply to such property, but only with respect to $70,000,000 of regular investment tax credits. '(C) Any solid waste disposal facility which will process and incinerate solid waste of one or more public or private entities including Dakota County, Minnesota, and with respect to which a bond carryforward from 1985 was elected in an amount equal to $12,500,000 shall be treated as transition property within the meaning of section 49(e) of the Internal Revenue Code of 1986. '(D) For purposes of section 49 of such Code, the following property shall be treated as transition property: '(i) 2 catamarans built by a shipbuilder incorporated in the State of Washington in 1964, the contracts for which were signed on April 22, 1986 and November 12, 1985, and 1 barge built by such shipbuilder the contract for which was signed on August 7, 1985. '(ii) 2 large passenger ocean-going United States flag cruise ships with a passenger rated capacity of up to 250 which are built by the shipbuilder described in clause (i), which are the first such ships built in the United States since 1952, and which were designed at the request of a Pacific Coast cruise line pursuant to a contract entered into in October 1985. This clause shall apply only to that portion of the cost of each ship which does not exceed $40,000,000. '(iii) Property placed in service during 1986 by Satellite Industries, Inc., with headquarters in Minneapolis, Minnesota, to the extent that the cost of such property does not exceed $1,950,000. '(E) Subsections (c) and (d) of section 49 of such Code shall not apply to property described in section 204(a)(4) of this Act (enacting provisions set out as a note under section 168 of this title).' SAVINGS PROVISION For provisions that nothing in amendment by Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. NORMALIZATION RULES Section 211(b) of Pub. L. 99-514 provided that: 'If, for any taxable year beginning after December 31, 1985, the requirements of paragraph (1) or (2) of section 46(f) of the Internal Revenue Code of 1986 are not met with respect to public utility property to which the regular percentage applied for purposes of determining the amount of the investment tax credit - '(1) all credits for open taxable years as of the time of the final determination referred to in section 46(f)(4)(A) of such Code shall be recaptured, and '(2) if the amount of the taxpayer's unamortized credits (or the credits not previously restored to rate base) with respect to such property (whether or not for open years) exceeds the amount referred to in paragraph (1), the taxpayer's tax for the taxable year shall be increased by the amount of such excess. If any portion of the excess described in paragraph (2) is attributable to a credit which is allowable as a carryover to a taxable year beginning after December 31, 1985, in lieu of applying paragraph (2) with respect to such portion, the amount of such carryover shall be reduced by the amount of such portion. Rules similar to the rules of this subsection shall apply in the case of any property with respect to which the requirements of section 46(f)(9) of such Code are met.' EXCEPTION FOR CERTAIN AIRCRAFT USED IN ALASKA Section 211(d) of Pub. L. 99-514 provided that: '(1) The amendments made by subsection (a) (enacting this section and provisions set out as notes above) shall not apply to property originally placed in service after December 29, 1982, and before August 1, 1985, by a corporation incorporated in Alaska on May 21, 1953, and used by it - '(A) in part, for the transportation of mail for the United States Postal Service in the State of Alaska, and '(B) in part, to provide air service in the State of Alaska on routes which had previously been served by an air carrier that received compensation from the Civil Aeronautics Board for providing service. '(2) In the case of property described in subparagraph (A) - '(A) such property shall be treated as recovery property described in section 208(d)(5) of the Tax Equity and Fiscal Responsibility Act of 1982 ('TEFRA') (section 208(d)(5) of Pub. L. 97-248, enacting provisions set out as a note under section 168 of this title); '(B) '48 months' shall be substituted for '3 months' each place it appears in applying - '(i) section 48(b)(2)(B) of the Code (26 U.S.C. 48(b)(2)(B)), and '(ii) section 168(f)(8)(D) of the Code (26 U.S.C. 168(f)(8)(D)) (as in effect after the amendments made by the Technical Corrections Act of 1982 (Pub. L. 97-448) but before the amendments made by TEFRA); and '(C) the limitation of section 168(f)(8)(D)(ii)(III) (as then in effect) shall be read by substituting 'the lessee's original cost basis.', for 'the adjusted basis of the lessee at the time of the lease.' '(3) The aggregate amount of property to which this paragraph shall apply shall not exceed $60,000,000.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 29, 42, 43, 55, 465, 1371 of this title. ------DocID 36179 Document 20 of 1105------ -CITE- 28 USC Sec. 49 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 49. Assignment of judges to division to appoint independent counsels -STATUTE- (a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court. (b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division. (c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices. (d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court. (e) Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made. (f) Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel's official duties, regardless of whether such independent counsel is still serving in that office. -SOURCE- (Added Pub. L. 95-521, title VI, Sec. 602(a), Oct. 26, 1978, 92 Stat. 1873, and amended Pub. L. 97-409, Sec. 2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99-554, title I, Sec. 144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100-191, Sec. 4, 5(a), Dec. 15, 1987, 101 Stat. 1307.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978. -MISC2- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-191, Sec. 4, inserted at end: 'The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.' Subsec. (f). Pub. L. 100-191, Sec. 5(a), substituted 'involving an independent counsel' for 'involving a independent counsel'. 1986 - Subsec. (f). Pub. L. 99-554 substituted 'chapter 40' for 'chapter 39' in two places. 1983 - Pub. L. 97-409, Sec. 2(b)(1)(B), substituted 'independent counsels' for 'special prosecutors' in section catchline. Subsec. (a). Pub. L. 97-409, Sec. 2(b)(1)(B), substituted 'independent counsels' for 'special prosecutors'. Subsec. (f). Pub. L. 97-409, Sec. 2(b)(1)(A), (C), substituted 'independent counsel' for 'special prosecutor' wherever appearing and 'independent counsel's' for 'special prosecutor's'. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554, set out as a note under section 581 of this title. EFFECTIVE DATE Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521, set out as a note under section 591 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 593, 595 of this title. ------DocID 36477 Document 21 of 1105------ -CITE- 28 USC CHAPTER 49 -EXPCITE- TITLE 28 PART III CHAPTER 49 -HEAD- CHAPTER 49 - DISTRICT COURTS -MISC1- Sec. 751. Clerks. 752. Law clerks and secretaries. 753. Reporters. 754. Receivers of property in different districts. 755. Criers and bailiffs. 756. Power to appoint. -CROSS- CROSS REFERENCES General provisions applicable to court officers and employees, see section 951 et seq. of this title. ------DocID 37095 Document 22 of 1105------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 49 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 49. Special Verdicts and Interrogatories -STATUTE- (a) Special Verdicts. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. (b) General Verdict Accompanied by Answer to Interrogatories. The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial. -SOURCE- (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The Federal courts are not bound to follow state statutes authorizing or requiring the court to ask a jury to find a special verdict or to answer interrogatories. Victor American Fuel Co. v. Peccarich, 209 Fed. 568 (C.C.A.8th, 1913) cert. den. 232 U.S. 727, 34 S.Ct. 603, 58 L.Ed. 817 (1914); Spokane and I. E. R. Co. v. Campbell, 217 Fed. 518 (C.C.A.9th, 1914), affd. 241 U.S. 497, 36 S.Ct. 683, 60 L.Ed. 1125 (1916); Simkins, Federal Practice (1934) Sec. 186. The power of a territory to adopt by statute the practice under Subdivision (b) has been sustained. Walker v. New Mexico and Southern Pacific R. R., 165 U.S. 593, 17 S.Ct. 421, 41 L.Ed. 837 (1897); Southwestern Brewery and Ice Co. v. Schmidt, 226 U.S. 162, 33 S.Ct. 68, 57 L.Ed. 170 (1912). Compare Wis.Stat. (1935) Sec. 270.27, 270.28 and 270.30 Green, A New Development in Jury Trial (1927), 13 A.B.A.J. 715; Morgan, A Brief History of Special Verdicts and Special Interrogatories, 1923, 32 Yale L.J. 575. The provisions of U.S.C., Title 28, (former) Sec. 400(3) (Declaratory judgments authorized; procedure) permitting the submission of issues of fact to a jury are covered by this rule. NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT This amendment conforms to the amendment of Rule 58. See the Advisory Committee's Note to Rule 58, as amended. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Advisory jury, see rule 39. New trial, see rule 59. ------DocID 37480 Document 23 of 1105------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 49 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 49. Special Verdicts and Interrogatories -STATUTE- (a) Special Verdicts. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. (b) General Verdict Accompanied by Answer to Interrogatories. The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) ------DocID 37601 Document 24 of 1105------ -CITE- 29 USC Sec. 49 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49. United States Employment Service established -STATUTE- In order to promote the establishment and maintenance of a national system of public employment offices, the United States Employment Service shall be established and maintained within the Department of Labor. -SOURCE- (June 6, 1933, ch. 49, Sec. 1, 48 Stat. 113; Oct. 13, 1982, Pub. L. 97-300, title VI, Sec. 601(a), formerly title V, Sec. 501(a), 96 Stat. 1392, renumbered title VI, Sec. 601(a), Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-300 substituted 'the United States Employment Service shall be established and maintained within the Department of Labor' for 'there is created in the Department of Labor a bureau to be known as the United States Employment Service'. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-300 effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97-300, which is classified to section 1591(i) of this title. SHORT TITLE Act June 6, 1933, ch. 49, Sec. 15, as added by Pub. L. 97-300, title VI, Sec. 601(h), formerly title V, Sec. 501(h), Oct. 13, 1982, 96 Stat. 1397; renumbered title VI, Sec. 601(h), Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248, provided that: 'This Act (this chapter) may be cited as the 'Wagner-Peyser Act'.' -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of Labor under this chapter, insofar as relates to prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(2)(A) of Title 42, The Public Health and Welfare. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department were, with exception of functions vested by Administrative Procedure Act (see sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by such Department, transferred to Secretary of Labor, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. United States Employment Service transferred to Department of Labor, functions of Federal Security Administrator with respect to employment services, and Bureau of Employment Security transferred to Secretary of Labor by Reorg. Plan No. 2 of 1949, Sec. 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065, set out in the Appendix to Title 5. Section 1 of Reorg. Plan No. 2 of 1949, also provided that functions transferred by this section shall be performed by Secretary of Labor or, subject to his direction and control, by such officers, agencies, and employees of Department of Labor as he shall designate. Act June 16, 1948, ch. 472, title I, 62 Stat. 446, provided in part that: 'Effective July 1, 1948, the United States Employment Service, including its functions under title IV of the Servicemen's Readjustment Act of 1944, is transferred to the Federal Security Agency, and on and after such date the functions of the Secretary of Labor with respect to the United States Employment Service are transferred to the Federal Security Administrator and shall be performed by him or, under his direction and control, by such officers and employees of the Federal Security Agency as he may designate. There are transferred to the Federal Security Agency, for use in connection with the functions transferred by the provisions of this paragraph, the personnel, property, and records of the Department of Labor related to the United States Employment Service, and the balances of such prior appropriations, allocations, and other funds available to the United States Employment Service as the Director of the Bureau of the Budget may determine. The provisions of section 9 of the Reorganization Act of 1945 (Public Law 263, Seventy-ninth Congress) shall apply to the transfer effected by this paragraph in like manner as if such transfer were a reorganization of the agencies and functions concerned under the provisions of that Act.' United States Employment Service and all functions of Social Security Board in Federal Security Agency relating to employment service transferred to War Manpower Commission by Ex. Ord. No. 9247, Sept. 17, 1942, 7 F.R. 7379. That Commission was terminated by Ex. Ord. No. 9617, Sept. 19, 1945, 10 F.R. 11929, and the United States Employment Service transferred to the Department of Labor. Reorg. Plan No. I of 1939, Sec. 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, set out in the Appendix to Title 5, Government Organization and Employees, consolidated United States Employment Service in Department of Labor and its functions and personnel, with other offices and agencies, under one agency to be known as Federal Security Agency with a Federal Security Administrator at head thereof. Section 203 of Reorg. Plan No. I of 1939, provided that functions of United States Employment Service should be consolidated with unemployment compensation functions of Social Security Board and should be administered in Social Security Board in connection with unemployment compensation functions under direction and supervision of Federal Security Administrator. Section 203 of Reorg. Plan No. I of 1939, further, abolished office of Director of United States Employment Service and transferred all functions of that office to Social Security Board, to be exercised by Board, and provided that functions of Secretary of Labor relating to administration of United States Employment Service should be transferred to, and exercised by, Federal Security Administrator. -MISC5- ADMINISTRATION OF MANPOWER IN DISTRICT OF COLUMBIA Pub. L. 93-198, title II, Sec. 204(a), Dec. 24, 1973, 87 Stat. 783, provided that: 'All functions of the Secretary of Labor (hereafter in this section referred to as the Secretary) under section 3 of the Act (section 49b of this title) entitled 'An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes', approved June 6, 1933 (29 U.S.C. 49-49k), with respect to the maintenance of a public employment service for the District (of Columbia), are transferred (effective July 1, 1974) to the Commissioner (of the District of Columbia established under Reorg. Plan No. 3 of 1967 (now the Mayor)). After the effective date of this transfer (July 1, 1974), the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the financing of such service, as he has with the States (with respect to a public employment service in the States) generally.' RECRUITMENT AND DISTRIBUTION OF FARM LABOR Act July 3, 1948, ch. 823, Sec. 1, 62 Stat. 1238, authorized the Federal Security Administrator to recruit foreign workers within the Western Hemisphere and workers in Puerto Rico for temporary agricultural employment in the continental United States and to direct, supervise, coordinate, and provide for the transportation of those workers from such places of recruitment to and between places of employment within the continental United States and return to the places of recruitment not later than June 30, 1949. Section 2 of act July 3, 1948, appropriated $2,500,000, for fiscal year ending June 30, 1949, to carry out the purposes of section 1 of act July 3, 1948. FARM PLACEMENT SERVICE Act Apr. 28, 1947, ch. 43, Sec. 2, 61 Stat. 55, provided: '(a) The provisions of the Farm Labor Supply Appropriation Act, 1944 (Public Law 229, Seventy-eighth Congress, second session, title I (sections 1351 to 1355 of Appendix to Title 50, War and National Defense)), as amended and supplemented, and as extended by this Act, shall not be construed to limit or interfere with any of the functions of the United States Employment Service or State public employment services with respect to maintaining a farm placement service as authorized under the Act of June 6, 1933 (48 Stat. 113) (this chapter). '(b) The Secretary of Agriculture and the Secretary of Labor shall take such action as may be necessary to assure maximum cooperation between the agricultural extension services of the land-grant colleges and the State public employment agencies in the recruitment and placement of domestic farm labor and in the keeping of such records and information with respect thereto as may be necessary for the proper and efficient administration of the State unemployment compensation laws and of title V of the Servicemen's Readjustment Act of 1944, as amended (58 Stat. 295).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3202. ------DocID 38515 Document 25 of 1105------ -CITE- 30 USC Sec. 49 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 49. Lands in Missouri and Kansas; disposal as agricultural lands -STATUTE- Except as otherwise provided in chapter 3A of this title, within the States of Missouri and Kansas deposits of coal, iron, lead, or other mineral are excluded from the operation of sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title, and all lands in said States shall be subject to disposal as agricultural lands. -SOURCE- (May 5, 1876, ch. 91, 19 Stat. 52; Feb. 25, 1920, ch. 85, Sec. 1, 41 Stat. 437.) -REFTEXT- REFERENCES IN TEXT Sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title, referred to in text, were in the original 'the act entitled 'An act to promote the development of mining resources of the United States' approved May tenth, eighteen hundred and seventy-two', meaning act May 10, 1872, ch. 152, 17 Stat. 91, popularly known as the Mining Act of 1872. That act was incorporated into the Revised Statutes as R.S. Sec. 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of this title. For complete classification of R.S. Sec. 2319 to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables. -MISC2- AMENDMENTS 1920 - The exception clause has been inserted at beginning of this section because of act Feb. 25, 1920, which provided that deposits of coal, phosphate, sodium, oil, oil shale, or gas, and lands containing such deposits owned by the United States, shall be subject to disposition in the form and manner provided by such act. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460mm-1. ------DocID 39729 Document 26 of 1105------ -CITE- 33 USC Sec. 49 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 49. Bayou Saint John in New Orleans -STATUTE- Bayou Saint John, in the city of New Orleans, Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 5, 1936, ch. 530, Sec. 1, 2, 49 Stat. 1484.) ------DocID 41185 Document 27 of 1105------ -CITE- 36 USC Sec. 49 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 49. Annual report -STATUTE- The said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year. Said report shall not be printed as public documents. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 9, 41 Stat. 285; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(3), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full and complete report of its receipts and expenditures' after 'calendar year'. -CROSS- CROSS REFERENCES Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents. ------DocID 42034 Document 28 of 1105------ -CITE- 36 USC CHAPTER 49 -EXPCITE- TITLE 36 CHAPTER 49 -HEAD- CHAPTER 49 - ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES -MISC1- Sec. 1701. Recognition as corporation and grant of Federal charter. 1702. Powers of corporation. 1703. Objects and purposes of corporation. 1704. Service of process. 1705. Membership. 1706. Board of directors. 1707. Officers. 1708. Restrictions. (a) Distribution of income or assets to members. (b) Loans. (c) Political activities. (d) Issuance of stock; dividends. (e) Claim of approval or authorization. 1709. Liability for acts of officers and agents. 1710. Books and records; inspection. 1711. Annual report. 1712. Reservation of right to amend or repeal chapter. 1713. 'State' defined. 1714. Tax-exempt status. 1715. Failure to comply with restrictions or provisions. ------DocID 43848 Document 29 of 1105------ -CITE- 40 USC Sec. 49 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 49. Record of property by Chief of Engineers -STATUTE- The Chief of Engineers shall keep in his office a complete record of all the lands and other property connected with or belonging to the Washington Aqueduct and other public works under his charge, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia. -SOURCE- (R.S. Sec. 1809.) -COD- CODIFICATION R.S. Sec. 1809 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. ------DocID 44628 Document 30 of 1105------ -CITE- 41 USC Sec. 49 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 49. Defense employment; honorable discharge from land and naval forces as equivalent to birth certificate -STATUTE- No defense contractor shall deny employment, on account of failure to produce a birth certificate, to any person who submits, in lieu of a birth certificate, an honorable discharge certificate or certificate issued in lieu thereof from the Army, Air Force, Navy, Marine Corps, or Coast Guard of the United States, unless such honorable discharge certificate shows on its face that such person may have been an alien at the time of its issuance. -SOURCE- (June 22, 1942, ch. 432, Sec. 1, 56 Stat. 375; July 26, 1947, ch. 343, title II, Sec. 205(a), 207(a), (f), 61 Stat. 501-503.) -CHANGE- CHANGE OF NAME Air Force inserted in text under authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, 503. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947 were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Auc. 10, 1956, enacted 'Title 10, Armed Forces', which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 50 of this title. ------DocID 45781 Document 31 of 1105------ -CITE- 42 USC Sec. 300ff-49 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part C subpart i -HEAD- Sec. 300ff-49. Determination of amount of allotments -STATUTE- (a) Minimum allotment Subject to the extent of amounts made available in appropriations Acts, the amount of an allotment under section 300ff-41(a) of this title for a State for a fiscal year shall be the greater of - (1) $100,000 for each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, and $50,000 for each of the territories of the United States other than the Commonwealth of Puerto Rico; and (2) an amount determined under subsection (b) of this section. (b) Determination under formula The amount referred to in subsection (a)(2) of this section is the product of - (1) an amount equal to the amount appropriated under subsection (a) (FOOTNOTE 1) of section 300ff-50 of this title for the fiscal year involved; and (FOOTNOTE 1) So in original. Section 300ff-50 of this title does not contain a subsec. (a). (2) a percentage equal to the quotient of - (A) an amount equal to the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the State involved for the most recent fiscal year for which such data is available; divided by (B) an amount equal to the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the United States for the most recent fiscal year for which such data is available. (c) Certain allocations by Secretary (1) Discretionary grants to certain States After determining the amount of an allotment under this (FOOTNOTE 2) subsection (a) of this section for a fiscal year, the Secretary shall reduce the amount of the allotment of each State by 10 percent. From the amounts available as a result of such reductions, the Secretary shall, on a discretionary basis, make grants to States receiving allotments for the fiscal year involved. Such grants shall be made subject to each of the agreements and assurances required as a condition of receiving grants under section 300ff-41 of this title. (FOOTNOTE 2) So in original. The word 'this' probably should not appear. (2) Grants to certain political subdivisions (A)(i) In the case of a State containing any political subdivision described in clause (ii), the Secretary shall, subject to subparagraph (B), make a reduction in the amount of the allotment under subsection (a) of this section for the State for each fiscal year in an amount necessary for carrying out subparagraphs (B) and (C) with respect to the political subdivision. Any such reduction shall be in addition to the reduction required in paragraph (1) for the fiscal year involved. (ii) The political subdivision referred to in clause (i) is any political subdivision that received a cooperative agreement from the Secretary, acting through the Director of the Centers for Disease Control, for fiscal year 1990 for programs to provide counseling and testing with respect to acquired immune deficiency syndrome. (B) In the case of a State described in subparagraph (A), the Secretary shall, from the amounts made available as a result of reductions under such subparagraph, make a grant each fiscal year to each political subdivision described in such subparagraph that exists in the State if the political subdivision involved agrees that the provisions of subparts II and III will apply to the political subdivision to the same extent and in the same manner as such subparts apply to entities receiving grants under section 300ff-51(a) of this title. (C) Grants under subparagraph (B) for a fiscal year for a political subdivision shall be provided in an amount equal to the amount received by the political subdivision in fiscal year 1990 under the cooperative agreement described in subparagraph (A). (d) Disposition of certain funds appropriated for allotments (1) In general Any amounts available pursuant to paragraph (2) shall, in accordance with paragraph (3), be allotted by the Secretary each fiscal year to States receiving payments under section 300ff-41(a) of this title for the fiscal year (other than any State referred to in paragraph (2)(C)). The Secretary shall make payments, as grants, to each such State from any such allotment for the State for the fiscal year involved. (2) Specification of amounts The amounts referred to in paragraph (1) are any amounts that are not paid to States under section 300ff-41(a) of this title as a result of - (A) the failure of any State to submit an application under section 300ff-51 of this title; (B) the failure, in the determination of the Secretary, of any State to prepare the application in compliance with such section or to submit the application within a reasonable period of time; or (C) any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State. (3) Amount of allotment The amount of an allotment under paragraph (1) for a State for a fiscal year shall be an amount equal to the product of - (A) an amount equal to the amount available pursuant to paragraph (2) for the fiscal year involved; and (B) the percentage determined under subsection (b)(2) of this section for the State. (e) Transition rules (1) For the fiscal years 1991 through 1993, the amount of an allotment under section 300ff-41 of this title shall be the greater of the amount determined under subsection (a) of this section and an amount equal to the amount applicable under paragraph (2) for the fiscal year involved. (2) For purposes of paragraph (1) - (A) the amount applicable for fiscal year 1991 is an amount equal to the amount received by the State involved from the Secretary, acting through the Director of the Centers for Disease Control, for fiscal year 1990 for the provision of counseling and testing services with respect to HIV; (B) the amount applicable for fiscal year 1992 is 85 percent of the amount specified in subparagraph (A); and (C) the amount applicable for fiscal year 1993 is 70 percent of the amount specified in subparagraph (A). -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2649, as added Aug. 18, 1990, Pub. L. 101-381, title III, Sec. 301(a), 104 Stat. 604, and amended Nov. 3, 1990, Pub. L. 101-502, Sec. 6(b), 104 Stat. 1290.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-502 designated existing provisions as par. (1), inserted heading, and added par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300ff-41 of this title. ------DocID 47944 Document 32 of 1105------ -CITE- 42 USC CHAPTER 49 -EXPCITE- TITLE 42 CHAPTER 49 -HEAD- CHAPTER 49 - NATIONAL HOUSING PARTNERSHIPS -MISC1- Sec. 3931. Congressional statement of purpose. 3932. Creation of corporations. (a) Authorization. (b) Creation of additional corporations. (c) Creation of corporations and organization of other partnerships, joint ventures, or associations by private persons. 3933. Organization of corporation. (a) Appointment of incorporators; Chairman; initial board of directors. (b) Action by incorporators; filing articles of incorporation. (c) Initial offering of stock in corporation and of interests in partnership; terms of offering. 3934. Board of Directors; membership; appointment; term. 3935. Financing the corporation. 3936. Purposes and powers of corporation. (a) Building, rehabilitation, acquisition, and financing of housing and related facilities for families and individuals of low or moderate income; acquisition and disposal of property; funds. (b) Authorization to enter into partnerships, limited partnerships, joint ventures, and other associations; manager or general partner of partnership, venture, or association; research and studies; technical assistance; loans or grants; hire or acceptance of services of consultants, experts, advisory boards and panels. (c) Exercise of powers conferred upon stock corporation by District of Columbia Business Corporation Act. (d) Labor standards. (e) Maximum combined outstanding equity commitment. 3937. National housing partnership. (a) Formation of limited partnership; partnership agreement. (b) Applicability of other laws; legal status of limited partnership. (c) Authorization to enter into partnerships, limited partnerships, or joint ventures organized under State or local laws for purpose of engaging in low and moderate income housing developments, projects, or undertakings. (d) General partner; capital of partnership; contribution of partners. (e) Partnership agreement; participation in low and moderate income housing developments, projects, or undertakings; limitation on aggregate initial equity investment. (f) Partnership agreement; authorization for stockholders to become limited partners; inclusion of other limited partners; acquisition of assignor's stock by assignee of limited partner; approval of substitution or addition of partnership member. (g) Liability of corporation as general partner; treatment of interest of limited partner in partnership. (h) Execution of certificate of partnership and amendments. 3938. Annual report of corporation; audit of accounts. 3939. Applicability of antitrust laws. 3940. Reservation of right to repeal, alter, or amend chapter. 3941. State or local taxation or regulation; access to judicial process. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 12 sections 24, 1441a, 1441a-1, 1464. ------DocID 51020 Document 33 of 1105------ -CITE- 43 USC Sec. 49 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 49. Extension of cooperative work to Puerto Rico -STATUTE- The provisions of law authorizing the making of topographic and geological surveys and conducting investigations relating to mineral and water resources by the United States Geological Survey in various portions of the United States be, and the same are, extended to authorize such surveys and investigations in Puerto Rico. -SOURCE- (June 17, 1935, ch. 268, 49 Stat. 386.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ------DocID 54335 Document 34 of 1105------ -CITE- 48 USC Sec. 49 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Sec. 49. Omitted -COD- CODIFICATION Section, act Jan. 12, 1927, ch. 27, Sec. 1, 44 Stat. 968, which provided for admission to hospitals in the Territory of Alaska was omitted in view of the admission of Alaska into the Union. ------DocID 7018 Document 35 of 1105------ -CITE- 2 USC Sec. 49 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 49. Certificate of salary during recess -STATUTE- The Clerk of the House of Representatives is authorized and directed to sign, during the recess of Congress after the first session and until the first day of the second session, the certificates for the monthly compensation of Members and Delegates in Congress, which certificate shall be in the form in use on August 15, 1876, and shall have the like force and effect as is given to the certificate of the Speaker. -SOURCE- (Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 145.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 54869 Document 36 of 1105------ -CITE- 49 USC SUBTITLE I -EXPCITE- TITLE 49 SUBTITLE I -HEAD- SUBTITLE I - DEPARTMENT OF TRANSPORTATION -MISC1- Chap. Sec. 1. Organization 101 3. General Duties and Powers 301 5. Special Authority 501 -SECREF- SUBTITLE REFERRED TO IN OTHER SECTIONS This subtitle is referred to in section 302 of this title. ------DocID 54870 Document 37 of 1105------ -CITE- 49 USC CHAPTER 1 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- CHAPTER 1 - ORGANIZATION -MISC1- Sec. 101. Purpose. 102. Department of Transportation. 103. Federal Railroad Administration. 104. Federal Highway Administration. 105. National Highway Traffic Safety Administration. 106. Federal Aviation Administration. 107. Urban Mass Transportation Administration. 108. Coast Guard. 109. Maritime Administration. 110. St. Lawrence Seaway Development Corporation. ------DocID 54871 Document 38 of 1105------ -CITE- 49 USC Sec. 101 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 101. Purpose -STATUTE- (a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States. (b) A Department of Transportation is necessary in the public interest and to - (1) ensure the coordinated and effective administration of the transportation programs of the United States Government; (2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible; (3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives; (4) stimulate technological advances in transportation; (5) provide general leadership in identifying and solving transportation problems; and (6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 101(a) 49:1651(a). Oct. 15, 1966, Pub. L. 89-670, Sec. 2(a), (b)(1), 80 Stat. 931. 101(b) 49:1651(b)(1). ------------------------------- In subsections (a) and (b), the introductory declaratory words are omitted as surplus. In subsection (a), the words 'national objectives of' are inserted for clarity. The words 'United States' are substituted for 'Nation' and 'Nation's', respectively, for consistency. The word 'contribute' is substituted for 'conducive' because the substituted word is more commonly used. The word 'those' is substituted for 'utilization'. In subsection (b)(2), the word 'greatest' is substituted for 'maximum' for consistency. In subsection (b)(3) and (6), the word 'national' is omitted before 'transportation' as unnecessary and for consistency. In subsection (b)(3), the word 'persons' is substituted for 'parties' as being more precise. In subsection (b)(6), the words 'transportation objectives' are substituted for 'these objectives' for clarity and consistency. The words 'full and appropriate' and 'for approval' are omitted as surplus. ------DocID 54872 Document 39 of 1105------ -CITE- 49 USC Sec. 102 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 102. Department of Transportation -STATUTE- (a) The Department of Transportation is an executive department of the United States Government at the seat of Government. (b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate. (c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary - (1) shall carry out duties and powers prescribed by the Secretary; and (2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant. (d) The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary. (e) (FOOTNOTE 1) The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of the Secretary and Deputy Secretary are vacant. (FOOTNOTE 1) There are two subsecs. (e). (e) (FOOTNOTE 1) The Department shall have a seal that shall be judicially recognized. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-557, Sec. 26(a), Oct. 30, 1984, 98 Stat. 2873.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 102(a) 49:1652(a)(1st Oct. 15, 1966, Pub. sentence). L. 89-670, Sec. 3(a), (c), (d), 80 Stat. 931. 102(b) 49:1652(a)(less 1st sentence). 102(c) 49:1652(b)(less Oct 15, 1966, Pub. words between L. 89-670, Sec. parentheses). 3(b), 80 Stat. 931; Oct. 28, 1974, Pub. L. 93-496, Sec. 16(a), 88 Stat. 1533. 102(d) 49:1652(b)(words between parentheses), (c), (d). 102(e) 49:1657(k). Oct. 15, 1966, Pub. L. 89-670, Sec. 9(k), 80 Stat. 946. ------------------------------- In subsection (a), the words 'There is hereby established' and 'to be known as' are omitted as executed. The words '(hereafter referred to in this chapter as the 'Department')' are omitted as unnecessary because of the style used in codifying the revised title. The words 'of the United States Government' are added for clarity. In subsection (b), the words '(hereafter referred to in this chapter as the 'Secretary')' are omitted as unnecessary because of the style used in codifying the revised title. In subsection (c), the words 'carry out duties and powers' and 'acts for' are substituted for 'act for and exercise the powers of' and 'perform such functions, powers, and duties', respectively, for consistency and to eliminate surplus words. The words 'unable to serve' are substituted for 'disability' for consistency and clarity. In subsection (d), the words 'in the competitive service' are substituted for 'under the classified civil service' to conform to 5:2102. The words 'from time to time' are omitted as surplus. The words 'acts for' are substituted for 'act for, and exercise the powers of' for consistency and to eliminate surplus words. The words 'when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant' are substituted for 'during the absence or disability of the Deputy Secretary, or in the event of a vacancy in the office of a Deputy Secretary' as being more precise and for consistency. In subsection (e), the words 'The Secretary shall cause a . . . of office' and 'of such device' are omitted as unnecessary because of the restatement. The words 'as he shall approve' are omitted as unnecessary because subsection (b) of the section establishes the Secretary of Transportation as the head of the Department of Transportation. AMENDMENTS 1984 - Subsecs. (d), (e). Pub. L. 98-557 added subsec. (d) and redesignated former subsec. (d), relating to Assistant Secretaries and General Counsel, as (e). PERSON HOLDING POSITION OF ASSOCIATE DEPUTY SECRETARY UNTIL APRIL 15, 1985 Section 26(c) of Pub. L. 98-557 provided that: 'Notwithstanding any other provision of law, until April 15, 1985, the position created by subsection (a) of this section (adding subsec. (d) of this section) may be held by a person named by the President alone from among qualified individuals.' ------DocID 54873 Document 40 of 1105------ -CITE- 49 USC Sec. 103 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 103. Federal Railroad Administration -STATUTE- (a) The Federal Railroad Administration is an administration in the Department of Transportation. To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices. (b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary. (c) The Administrator shall carry out - (1) duties and powers related to railroad safety vested in the Secretary by section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 App. U.S.C. 1655(e)(1), (2), and (6)(A)); and (2) additional duties and powers prescribed by the Secretary. (d) A duty or power specified by subsection (c)(1) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 103(a) 49:1652(e)(1)(1st Oct. 15, 1966, Pub. sentence related to L. 89-670, Sec. FRA). 3(e)(related to FRA)(1), (3), (4), 6(f)(3)(C)(related to FRA), 80 Stat. 932, 940. 49:1652a. July 8, 1976, Pub. L. 94-348, Sec. 6, 90 Stat. 820. 103(b) 49:1652(e)(related to FRA)(1)(2d, last sentences), (3)(last sentence). 103(c) 49:1655(f)(3)(A). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92- 401, Sec. 6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93- 633, Sec. 113(e)(1), 88 Stat. 2163. 49: 1652(e)(3)(related to FRA)(less last sentence). 103(d) 49: 1652(e)(4)(related to FRA). 49:1655(f)(3)(C) (related to FRA). ------------------------------- In subsection (a), the words 'To carry out' are substituted for 'for purposes of administering and enforcing' in 49:1652a for consistency and to eliminate surplus words. The words 'under those laws' are substituted for 'pursuant to Federal railroad safety laws' to eliminate surplus words. The words 'is responsible' are substituted for 'shall retain full and final responsibility' and 'shall be responsible' to eliminate surplus words. The words 'and for the establishment of all policies with respect to implementation of such laws' are omitted as surplus. In subsection (b), the words 'Each of these components' are omitted as surplus. In subsection (c), the words 'vested in the Secretary' are substituted for 'as set forth in the statutes transferred to the Secretary' in 49:1655(f)(3)(A) for clarity and consistency. The words 'section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))' are substituted for 'subsection (e) of this section (other than subsection (e)(4) of this section)' in 49:1655(f)(3)(A) for clarity. In subsection (d), the word 'law' is substituted for 'statute' in 49:1652(e)(4) for consistency. The words after 'administratively final' in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to appeal. AMENDMENTS 1984 - Subsec. (c)(1). Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title. ------DocID 54874 Document 41 of 1105------ -CITE- 49 USC Sec. 104 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 104. Federal Highway Administration -STATUTE- (a) The Federal Highway Administration is an administration in the Department of Transportation. (b)(1) The head of the Administration is the Admininstrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator. (c) The Administrator shall carry out - (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; (2) duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 31 of this title; and (3) additional duties and powers prescribed by the Secretary. (d) A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2415.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 104(a) 49:1652(e)(1)(1st Oct. 15, 1966, Pub. sentence related to L. 89-670, Sec. FHWA). 3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (related to FHWA), 80 Stat. 932, 940. 104(b)(1) 49:1652(e)(related to FHWA)(1)(less 1st sentence), (3)(last sentence). 104(b)(2) 23:303(a)(1)(1st, 2d sentences). 104(b)(3) 23:303(a)(1)(last sentence), (b), (c). 104(c) 49:1655(f)(3)(B). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93- 633, Sec. 113(e)(2), 88 Stat. 2163. 23:401(note). Sept. 9, 1966, Pub. L. 89-564, Sec. 201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89-670, Sec. 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91-605, Sec. 202(a), 84 Stat. 1740. 49: 1652(e)(3)(related to FHWA)(less last sentence). 104(d) 49: 1652(e)(4)(related to FHWA). 49:1655(f)(3)(C) (related to FHWA). ------------------------------- In subsection (b)(1), the words 'Each of these components' are omitted as surplus. In subsection (b)(2), the words 'In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act' in 23:303(a)(1)(1st sentence) are omitted as surplus. In subsection (b)(3), the words 'in the competitive service' are substituted for 'under the classified civil service' to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Secretary of Transportation. In subsection (c), the source provisions are consolidated. The words 'The Administrator shall carry out duties and powers' are substituted for 'The Secretary shall carry out through the Federal Highway Administration those provisions of the Highway Safety Act of 1966 . . . for' in 23:401(note) and 'carry out the functions, powers, and duties of the Secretary' in 49:1655(f)(3)(B) as being more precise, to eliminate unnecessary words, and for consistency. The words 'vested in the Secretary' are substituted for 'as set forth in the statutes transferred to the Secretary' in 49:1655(f)(3)(B) for clarity and consistency. In subsection (d), the word 'law' is substituted for 'statute' in 49:1652(e)(4) for consistency. The words after 'administratively final' in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to appeal. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title. ------DocID 54875 Document 42 of 1105------ -CITE- 49 USC Sec. 105 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 105. National Highway Traffic Safety Administration -STATUTE- (a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation. (b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Admininstrator who is appointed by the Secretary of Transportation, with the approval of the President. (c) The Administrator shall carry out - (1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and (2) additional duties and powers prescribed by the Secretary. (d) The Secretary may carry out the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) through the Administrator. (e) The Adminstrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2415.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 105 23:401(note). Sept. 9, 1966, Pub. L. 89-564, Sec. 201(a)(less pay of Administrator and Deputy Administrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89-670, Sec. 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91- 605, Sec. 202(a), 84 Stat. 1739. ------------------------------- In subsection (a), the words 'The . . . is an administration in the' are substituted for 'There is hereby established within the', in section 201(a)(1st sentence) of the Highway Safety Act of 1966 (Pub. L. 89-564, 80 Stat. 731) to conform to other sections of the revised title. The words '(hereafter in this section referred to as the 'Administration')' are omitted as unnecessary. In subsection (c), the words 'carry out . . . duties and powers . . . prescribed by the Secretary' are substituted for 'perform such duties as are delegated to him by the Secretary' to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for 'highway safety programs, research and development not specifically referred to in paragraph (1) of this subsection', in section 201(b)(2) of the Highway Safety Act of 1966 for clarity. In subsection (d), the words 'Administration . . . authorized by this section' are omitted as surplus. The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed. -REFTEXT- REFERENCES IN TEXT The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (d), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat. 718, as amended, which is classified generally to chapter 38 (Sec. 1381 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 15 and Tables. ------DocID 54876 Document 43 of 1105------ -CITE- 49 USC Sec. 106 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 106. Federal Aviation Administration -STATUTE- (a) The Federal Aviation Administration is an administration in the Department of Transportation. (b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. The Administrator reports directly to the Secretary of Transportation. (c) The Administrator must - (1) be a citizen of the United States; (2) be a civilian; and (3) have experience in a field directly related to aviation. (d)(1) The Deputy Administrator must be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force. (2) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive (A) the pay provided by law for the Deputy Administrator, or (B) the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration. (3) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator. (e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment. (f) The Secretary shall carry out the duties and powers, and controls the personnel and activities, of the Administration. The Secretary may not submit decisions for the approval of, nor be bound by the decisions or recommendations of, a committee, board, or organization established by executive order. (g) The Administrator shall carry out - (1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306-309, 312-314, 315-316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347-1350, 1353-1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and (2) additional duties and powers prescribed by the Secretary. (h) Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303) applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final. (i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant. (j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 312(e) of the Federal Aviation Act of 1958. Such institute shall be known as the 'Civil Aeromedical Institute'. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector. (k) Authorization of Appropriations for Operations. - There is authorized to be appropriated for operations of the Administration $4,088,000,000 for fiscal year 1991 and $4,412,600,000 for fiscal year 1992. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100-591, Sec. 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101-508, title IX, Sec. 9106, Nov. 5, 1990, 104 Stat. 1388-355; Pub. L. 101-604, title I, Sec. 101(c), Nov. 16, 1990, 104 Stat. 3068.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 106(a) 49:1341(a)(1st Aug. 23, 1958, Pub. sentence). L. 85-726, Sec. 301(a), (b), 302(a), (b), 72 Stat. 744; Aug. 14, 1964, Pub. L. 88- 426, Sec. 305(16)(B), (C), 78 Stat. 424. 49: Oct. 15, 1966, Pub. 1652(e)(1)(related L. 89-670, Sec. to FAA). 3(e)(related to FAA), 80 Stat. 932. 106(b) 49:1341(a)(2d sentence), (b)(1st sentence less 1st- 10th words). 49:1342(a)(1st sentence), (b)(1st sentence less 1st- 11th words). 49:1652(e)(related to FAA)(1)(less 1st sentence), (3)(last sentence). 106(c) 49:1341(b)(1st sentence 1st-10th words, 2d sentence). 49:1652(e)(2) (related to Administrator). 106(d) 49:1342(b)(1st sentence 1st-11th words, 2d sentence, 4th-6th sentences). 49:1652(e)(2)(1st sentence less Administrator). 49: Aug. 23, 1958, Pub. 1343(a)(2)(related L. 85-726, Sec. to Deputy 302(c)(2)(related Administrator). to Deputy Administrator), 72 Stat. 745. 106(e) 49:1341(b)(less 1st, 2d sentences). 49:1342(b)(3d sentence). 106(f) 49:1341(a)(less 1st, 2d sentences). 106(g) 49: 1652(e)(3)(related to FAA)(less last sentence). 49:1655(c)(1)(1st Oct. 15, 1966, Pub. sentence proviso). L. 89-670, Sec. 6(c)(1)(1st sentence proviso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. 93- 633, Sec. 113(d), 88 Stat. 2163. 106(h) 49: 1652(e)(4)(related to FAA). 49:1655(c)(1)(2d, last sentences). 106(i) 49:1342(a)(2d, last sentences). ------------------------------- In subsections (a) and (b), the source provisions are combined for clarity. In subsection (a), the words 'referred to in this chapter as the 'Administration' ' are omitted because of the style of the revised title. In subsection (b), the word 'due' in 49:1342(b)(1st sentence less 1st-11th words) is omitted as surplus. The words 'the duties and powers' are substituted for 'the powers and duties vested in and imposed upon him by this chapter' to eliminate surplus words and for consistency. The word 'consider' is substituted for 'with . . . regard to' for clarity. In subsections (c) and (d), the words 'At the time of his nomination' are omitted as unnecessary and for consistency. In subsection (c), the text of 49:1652(e)(2)(last sentence) is omitted as executed. In subsection (d)(1), the words 'Nothing in this chapter or other law shall preclude' in 49:1342(b)(4th sentence) are omitted as unnecessary because of the positive statement of authority. The words 'armed force' are substituted for 'armed services' to conform to title 10. The words 'to the position of' are omitted as surplus. In subsection (d)(2), the word 'continue' is omitted as surplus. The words 'pay provided by law for the Deputy Administrator' are substituted for 'compensation provided for the Deputy Administrator' in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words '(including personal money allowance)' are omitted as being within the meaning of 'allowance' in title 37. The words 'as the case may be' are omitted as surplus. The words 'of the military grade held' are substituted for 'military . . . payable to a commissioned officer of his grade and length of service' to eliminate unnecessary words. The words 'Administration' and 'military' are added for clarity. The words 'to defray' are omitted as surplus. In subsection (d)(3), the words 'acceptance of, and' are omitted as unnecessary. The word 'held' is substituted for 'may occupy or hold' to eliminate unnecessary words. The words 'right or benefit' are substituted for 'emolument, perquisite, right, privilege, or benefit' to eliminate unnecessary words. The words 'incident to or' before 'arising' are omitted as surplus. In subsection (f), the word 'Secretary' is substituted for 'Administrator' because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words 'In the exercise of his duties and the discharge of his responsibilities under this chapter' are omitted as surplus. In subsection (g), the words 'are hereby transferred to' in 49:1655(c)(1) are omitted as executed. The words 'carry out' are substituted for 'it shall be his duty to exercise' in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words 'In addition to such functions, powers, and duties as are specified in this chapter' in 49:1652(e)(3) are omitted as unnecessary because of the restatement. In subsection (h), the first sentence is substituted for 49:1655(c)(1)(2d sentence) for clarity and consistency. The word 'law' is substituted for 'statute' in 49:1652(e)(4) for consistency. The words 'carrying out' in 49:1655(c)(1)(last sentence) are substituted for 'the exercise of' for consistency. The words after 'administratively final' are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal. In subsection (i), the words 'and exercise the powers of' are omitted as surplus. The words 'when the office of the Administrator is vacant' are inserted to conform to section 102 of the revised title. -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in subsecs. (g)(1) and (j), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified generally to chapter 20 (Sec. 1301 et seq.) of the Appendix to this title. Sections 312(e), 315, and 316 of the Act are classified to sections 1353(e), 1356, and 1357, respectively, of the Appendix to this title. Section 101 of the Aviation Security Improvement Act of 1990, referred to in subsec. (g)(1), is section 101 of Pub. L. 101-604, which enacted section 1652b of the Appendix to this title and amended this section. -MISC2- AMENDMENTS 1990 - Subsec. (g)(1). Pub. L. 101-604 inserted '315-316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),' after '312-314,'. Subsec. (k). Pub. L. 101-508 added subsec. (k). 1988 - Subsec. (j). Pub. L. 100-591 added subsec. (j). 1984 - Subsecs. (g)(1), (h). Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. AVIATION SAFETY COMMISSION Pub. L. 99-500, title V, Sec. 501-507, Oct. 18, 1986, 100 Stat. 1783-370 to 1783-373, and Pub. L. 99-591, title V, Sec. 501-507, Oct. 30, 1986, 100 Stat. 3341-373 to 3341-376, provided that: 'SHORT TITLE 'Sec. 501. This title may be cited as the 'Aviation Safety Commission Act of 1986'. 'COMMISSION ESTABLISHED 'Sec. 502. (a) There is established a commission to be known as the Aviation Safety Commission (hereinafter referred to as the 'Commission'). '(b)(1) The Commission shall be composed of seven members appointed by the President no later than 30 days after the date of enactment of this Act (Oct. 18, 1986). '(2) Appointees to the Commission shall possess extensive experience and expertise at the highest executive levels of public or corporate management. '(3) No member of the Commission shall, at the time of such member's appointment, be an employee or officer of the Federal Government, nor shall any member have been an employee of the Federal Government for at least 3 years before such member's appointment to the Commission. '(4)(A) At least four members of the Commission, including the Chairman, shall not have performed any service or have been involved in any way in any business concern in air commerce or any aviation-related industry for at least 3 years before their appointment to the Commission. '(B) For the purposes of this paragraph, the term 'air commerce' has the meaning given to such term in section 101(4) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(4)). '(c) The President shall appoint one of the members to serve as Chairman of the Commission. '(d) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. '(e) Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings. '(f)(1) The Commission shall hold its first meeting within 30 days after the appointment of all members. '(2) The Commission shall meet at the call of the Chairman or a majority of the members. '(g) Members of the Commission shall serve until the expiration of the Commission. '(h) The Commission shall cease to exist 18 months after the date of enactment of this Act (Oct. 18, 1986). 'FUNCTIONS OF THE COMMISSION 'Sec. 503. The Commission shall make a complete study of the organization and functions of the Federal Aviation Administration (hereinafter referred to as the 'Administration') and the means by which the Administration may most efficiently and effectively perform the responsibilities assigned to it by law and increase aviation safety. '(a)(1) In conducting such study, the Commission shall consider whether - '(A) the dual responsibilities of the Administration of promoting commercial aviation and ensuring aviation safety are in conflict, and whether such conflict impedes the effective maintenance and enhancement of aviation safety; '(B) the Administration should be reorganized as an independent Federal agency with the promotion, maintenance, and enhancement of aviation safety as the sole responsibility of such agency; '(C) the promotion of commercial aviation should be assigned as a responsibility to another agency of the Federal Government; '(D) airline deregulation has an adverse effect on the margin of aviation safety, including a review of whether the practice of airline self-compliance with respect to aviation maintenance standards is an outmoded approach in an environment designed to maximize cost-savings; '(E) it is feasible to make mandatory certain or all of the safety recommendations issued by the National Transportation Safety Board; and '(F) the Administration has adequately used its resources to ensure aviation safety. '(2) The study conducted under this subsection shall include findings and recommendations, including any recommendations for legislative action, regarding - '(A) the most appropriate and effective organizational approach to ensuring aviation safety; and '(B) measures to improve the enforcement of Federal regulations relating to aviation safety. '(3) In conducting such study, the Commission shall consult with the National Transportation Safety Board and a broad spectrum of representatives of the aviation industry, including - '(A) air traffic controllers; '(B) representatives of the commercial aviation industry; '(C) representatives of airways facilities technicians; '(D) independent experts on aviation safety; '(E) former Administrators of the Administration; and '(F) representatives of civil aviation. '(4) Within 9 months after the date of enactment of this Act (Oct. 18, 1986), the Commission shall submit a report on the study conducted pursuant to this subsection to the President and to each House of Congress. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative and administrative actions. '(b) The Commission shall also make a complete investigation of management and employee relationships within the Administration, particularly the air traffic control system, and recommend actions for improvements. '(1) In conducting such investigation, the Commission shall: '(A) consider the findings and recommendations of the March 17, 1982, report of the 'Task Force for the Study of Management-Employee Relationships in the FAA' (Jones Report) and document the progress made in implementing the recommendations of that report; '(B) assess the safety impact of rehiring former air traffic controllers who were dismissed as a result of the 1981 air traffic controller strike; '(C) assess the adequacy of the Administration's air traffic controller staffing standards, especially as they relate to the number of 'full performance level' controllers, and review the Administration's experience in meeting those standards in each year since 1981; and '(D) formulate cost-effective recommendations to improve aviation safety based on the findings and conclusions of its investigation. '(2) Within 18 months after the date of enactment of this Act (Oct. 18, 1986), the Commission shall submit a report on the investigation conducted pursuant to this subsection to the President and to each House of Congress. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative and administrative actions. 'POWERS AND ADMINISTRATIVE PROVISIONS 'Sec. 504. (a) The Commission may, for the purpose of carrying out the provisions of this Act (probably should be this title), hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and publish such reports as the Commission considers appropriate. '(b)(1) Subject to such rules as may be adopted by the Commission, the Chairman, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service (5 U.S.C. 3301 et seq.), and without regard to the provisions of chapter 51 of such title relating to classification or chapter 53 of such title relating to General Schedule pay rates, may - '(A) appoint and fix the compensation of such staff personnel as the Chairman considers necessary, including an executive director who may be compensated at a rate not in excess of that provided for level V of the Executive Schedule in title 5, United States Code; and '(B) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code. '(2) Any person appointed as executive director pursuant to paragraph (1)(A) of this subsection shall meet the same qualification required of members pursuant to section 502(b) of this Act. '(c) Each department, agency, and instrumentality of the executive branch of the Federal Government, including independent agencies, shall furnish to the Commission, upon request made by the Chairman, such information as the Commission considers necessary to carry out its functions. '(d) Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. '(e) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. '(f) The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. '(g) Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission may take under this section. 'COMPENSATION OF MEMBERS 'Sec. 505. Members of the Commission shall serve without compensation, but shall be reimbursed for travel or transportation expenses under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business and engaged in the actual performance of duties of the Commission. 'AUTHORIZATION 'Sec. 506. There is hereby authorized to be appropriated such sums as may be necessary in fiscal years 1987 and 1988 to carry out the provisions of this Act (probably should be this title). 'APPROPRIATIONS 'Sec. 507. There is hereby appropriated for fiscal year 1987, $2,000,000 to carry out the provisions of this Act (probably should be this title), to remain available until expended.' APPOINTMENT OF RETIRED MILITARY OFFICER AS ADMINISTRATOR Pub. L. 101-47, June 30, 1989, 103 Stat. 134, provided: 'That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint Admiral James B. Busey to the Office of Administrator of the Federal Aviation Administration. Admiral Busey's appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Navy, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, Admiral Busey shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Navy, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Navy, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code. 'Sec. 2. In the performance of his duties as Administrator of the Federal Aviation Administration, Admiral Busey shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other than would be operative with respect to him if he were not an officer on the retired list of the United States Navy. 'Sec. 3. Nothing in this Act shall be construed as approval by the Congress of any future appointments of military persons to the Office of Administrator of the Federal Aviation Administration.' Pub. L. 98-256, Apr. 10, 1984, 98 Stat. 125, provided that: 'Section 1. Notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the consent of the Senate, is authorized to appoint Donald D. Engen to the Office of Administrator of the Federal Aviation Administration. Mr. Engen's appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he now holds as an officer on the retired list of the United States Navy, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that the Act of August 19, 1964, Public Law 88-448 (the Dual Compensation Act), as amended (5 U.S.C. 5531, et seq.), affects the amount of retired pay to which he is entitled by law during his service in the Office of Administrator of the Federal Aviation Administration. So long as he holds the Office of Administrator of the Federal Aviation Administration, Mr. Engen shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Navy, and shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Navy, and shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of the Dual Compensation Act, as amended. 'Sec. 2. In the performance of his duties as Administrator of the Federal Aviation Administration, Mr. Engen shall be subject to no supervision, control, restriction, or prohibition (military or otherwise) other than would be operative with respect to him if he were not an officer on the retired list of the United States Navy. 'Sec. 3. It is hereby expressed as the intent of the Congress that the authority granted by this Act is not to be construed as approval by the Congress of continuing appointments of military persons to the Office of Administrator of the Federal Aviation Administration in the future.' Pub. L. 89-46, June 22, 1965, 79 Stat. 171, directed that General William F. McKee, United States Air Force, retired, be appointed to the office of Administrator of the Federal Aviation Agency, that he be compensated as both Administrator and as a retired United States Air Force general, that his appointment in no way affect his status, rank, or grade occupied in the United States Air Force, and that, in performance of his duties, he not be subject to supervision or control, military or otherwise, other than that which would be operative as to him if he were not an officer on the retired list of the Regular Air Force. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 322 of this title; sections 1353, 2205, 2226a of Appendix to this title. ------DocID 54877 Document 44 of 1105------ -CITE- 49 USC Sec. 107 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 107. Urban Mass Transportation Administration -STATUTE- (a) The Urban Mass Transportation Administration is an administration in the Department of Transportation. (b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (c) The Administrator shall carry out duties and powers prescribed by the Secretary. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 107 49:1608(note). Reorg. Plan No. 2 of 1968, eff. July 1, 1968, Sec. 3, 82 Stat. 1369. ------------------------------- In subsection (b), the words 'and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)' are omitted as surplus because of 5:5314. ------DocID 54878 Document 45 of 1105------ -CITE- 49 USC Sec. 108 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 108. Coast Guard -STATUTE- (a) Except when operating as a service in the Navy, the Coast Guard is a part of the Department of Transportation. The Secretary of Transportation exercises all duties and powers related to the Coast Guard vested in the Secretary of the Treasury, and other officers and offices of the Department of Treasury, immediately before April 1, 1967. (b) The Commandant is the Chief of the Coast Guard. In addition to carrying out the duties and powers specified by law, the Commandant shall carry out duties and powers prescribed by the Secretary of Transportation. The Commandant reports directly to the Secretary. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 108(a) 49:1655(b)(1), (2). Oct. 15, 1966, Pub. L. 89-670, Sec. 3(e)(3)(related to USCG), 6(b)(1), (2), 80 Stat. 932, 938. 108(b) 49: 1652(e)(3)(related to USCG). ------------------------------- Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words 'Except when operating as a service of the Navy' are substituted for 49:1655(b)(2) because of 14:3. The words 'The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967' are substituted for 'and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury' to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931). In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words 'carrying out the duties and powers specified by law' are substituted for 'such functions, powers, and duties as are specified in this chapter to be carried out', and the words 'carry out duties and powers prescribed' are substituted for 'carry out such additional functions, powers, and duties as', for consistency. ------DocID 54879 Document 46 of 1105------ -CITE- 49 USC Sec. 109 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 109. Maritime Administration -STATUTE- (a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 (FOOTNOTE 1) U.S.C. 1601) is an administration in the Department of Transportation. (FOOTNOTE 1) See 46 App. U.S.C. (b) The Administrator of the Administration appointed under section 4 of the Maritime Act of 1981 (46 (FOOTNOTE 2) U.S.C. 1603) reports directly to the Secretary of Transportation. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 109 (no source). ------------------------------- The section is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation. -REFTEXT- REFERENCES IN TEXT Sections 2 and 4 of the Maritime Act of 1981 (46 U.S.C. 1601, 1603), referred to in text, are classified to sections 1601 and 1603 of Title 46, Appendix, Shipping. ------DocID 54880 Document 47 of 1105------ -CITE- 49 USC Sec. 110 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 1 -HEAD- Sec. 110. St. Lawrence Seaway Development Corporation -STATUTE- (a) The St. Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation. (b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2418.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 110(a) (no source). 110(b) 33:981(note). Oct. 15, 1966, Pub. L. 89-670, Sec. 8(g)(2), 80 Stat. 943. ------------------------------- Subsection (a) is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation. ------DocID 54881 Document 48 of 1105------ -CITE- 49 USC CHAPTER 3 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 -HEAD- CHAPTER 3 - GENERAL DUTIES AND POWERS -MISC1- SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION Sec. 301. Leadership, consultation, and cooperation. 302. Policy standards for transportation. 303. Policy on lands, wildlife and waterfowl refuges, and historic sites. 304. Joint activities with the Secretary of Housing and Urban Development. 305. Transportation investment standards and criteria. 306. Prohibited discrimination. 307. Safety information and intervention in Interstate Commerce Commission proceedings. 308. Reports. SUBCHAPTER II - ADMINISTRATIVE 321. Definitions. 322. General powers. 323. Personnel. 324. Members of the armed forces. 325. Advisory committees. 326. Gifts. 327. Administrative working capital fund. 328. Transportation Systems Center working capital fund. 329. Transportation information. 330. Research contracts. 331. Service, supplies, and facilities at remote places. 332. Minority Resource Center. 333. Responsibility for rail transportation unification and coordination projects. 334. Limit on aviation charges. 335. Authorization of appropriations. 336. Civil penalty procedures. AMENDMENTS 1989 - Pub. L. 101-225, title III, Sec. 305(2), Dec. 12, 1989, 103 Stat. 1925, added item 336. 1984 - Pub. L. 98-216, Sec. 2(1)(B), Feb. 14, 1984, 98 Stat. 5, substituted 'Reports' for 'Annual reports' in item 308. ------DocID 54882 Document 49 of 1105------ -CITE- 49 USC SUBCHAPTER I -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION ------DocID 54883 Document 50 of 1105------ -CITE- 49 USC Sec. 301 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 301. Leadership, consultation, and cooperation -STATUTE- The Secretary of Transportation shall - (1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies; (2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation; (3) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation; (4) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation; (5) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise; (6) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services; and (7) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2418.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 301 49:1653(a). Oct. 15, 1966, Pub. L. 89-670, Sec. 4(a), 80 Stat. 933. ------------------------------- In the introductory clause before 'shall', the words 'in carrying out the purposes of this chapter . . . among his responsibilities' are omitted as surplus. In clause (4), the word 'compiling' is substituted for 'gathering' for consistency. LONG-RANGE NATIONAL TRANSPORTATION STRATEGIC PLANNING STUDY Pub. L. 100-457, title III, Sec. 317(b), Sept. 30, 1988, 102 Stat. 2149, provided that: 'The Department of Transportation shall undertake a long-range, multi-modal national transportation strategic planning study. This study shall forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015. The study shall include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area. This study shall be submitted to Congress on or before October 1, 1989.' Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 101(l) (title III, Sec. 317(b)), Dec. 22, 1987, 101 Stat. 1329-358, 1329-381. COMMERCIAL EXPENDABLE LAUNCH VEHICLE ACTIVITIES Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under section 2465 of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 305 of this title. ------DocID 54884 Document 51 of 1105------ -CITE- 49 USC Sec. 302 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 302. Policy standards for transportation -STATUTE- (a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 10101a of this title in addition to other laws. (b) Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.) do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria. (c) The Secretary shall consider the needs - (1) for effectiveness and safety in transportation systems; and (2) of national defense. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 302(a) 49:1653(b)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 4(b), 80 Stat. 933. 302(b) 49:1653(b)(2). 302(c) 49:1653(b)(3). ------------------------------- In subsection (a), the words 'In carrying out his duties and responsibilities under this chapter' before 'Secretary of Transportation' are omitted as surplus. The words 'the transportation policy of sections 10101 and 10101a of this title in addition to other laws' are substituted for 'all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301 et seq.); the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of April 25, 1940, as amended, and the Act of September 2, 1958, as amended, relating to the United States Coast Guard' because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms. In subsection (c), the words 'In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter' before 'Secretary' are omitted as surplus. The word 'consider' is substituted for 'give full consideration to' to eliminate surplus words. The words 'for operational continuity of the functions transferred' after 'the needs' are omitted as executed. -REFTEXT- REFERENCES IN TEXT The Department of Transportation Act, referred to in subsec. (b), is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, which is classified generally to chapter 23 (Sec. 1651 et seq.) of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of the Appendix to this title and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 305 of this title. ------DocID 54885 Document 52 of 1105------ -CITE- 49 USC Sec. 303 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic sites -STATUTE- (a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. (b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities. (c) The Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if - (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100-17, title I, Sec. 133(d), Apr. 2, 1987, 101 Stat. 173.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 303(a) 49:1651(b)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 2(b)(2), 80 Stat. 931. 49:1653(f)(1st Oct. 15, 1966, Pub. sentence). L. 89-670, Sec. 4(f), 80 Stat. 934; restated Aug. 23, 1968, Pub. L. 90- 495, Sec. 18(b), 82 Stat. 824. 303(b) 49:1653(f)(2d sentence). 303(c) 49:1653(f)(less 1st, 2d sentences). ------------------------------- In subsection (a), the words 'hereby declared to be' before 'the policy' are omitted as surplus. The words 'of the United States Government' are substituted for 'national' for clarity and consistency. In subsection (b), the words 'crossed by transportation activities or facilities' are substituted for 'traversed' for clarity. In subsection (c), before clause (1), the words 'After August 23, 1968' after 'Secretary' are omitted as executed. The word 'transportation' is inserted before 'program' for clarity. In clause (2), the words 'or project' are added for consistency. AMENDMENTS 1987 - Subsec. (c). Pub. L. 100-17 inserted '(other than any project for a park road or parkway under section 204 of title 23)' after 'program or project'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 305 of this title; sections 1604, 2208 of Appendix to this title; title 23 section 117; title 45 sections 1116, 1212. ------DocID 54886 Document 53 of 1105------ -CITE- 49 USC Sec. 304 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 304. Joint activities with the Secretary of Housing and Urban Development -STATUTE- (a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall - (1) consult and exchange information about their respective transportation policies and activities; (2) carry out joint planning, research, and other activities; (3) coordinate assistance for local transportation projects; and (4) jointly study methods by which policies and programs of the United States Government can ensure that urban transportation systems most effectively serve both transportation needs of the United States and the comprehensively planned development of urban areas. (b) The Secretaries shall report on April 1 of each year to the President, for submission to Congress, on their studies and other activities under this section, including legislative recommendations they consider desirable. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 304(a) 49:1653(g)(less 3d Oct. 15, 1966, Pub. sentence). L. 89-670, Sec. 4(g), 80 Stat. 934. 304(b) 49:1653(g)(3d sentence). ------------------------------- In subsection (a), the text of 49:1653(g)(last sentence) is omitted as executed. In subsection (a)(4), the word 'ensure' is substituted for 'assure' as being more precise. The words 'of the United States Government' are substituted for 'Federal', and the words 'United States' are substituted for 'national', for clarity and consistency. In subsection (b), the words 'The Secretaries shall report on April 1 of each year' are substituted for 'They shall, within one year after the effective date of the Act, and annually thereafter, report' to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word 'consider' is substituted for 'determine' for consistency. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 305 of this title. ------DocID 54887 Document 54 of 1105------ -CITE- 49 USC Sec. 305 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 305. Transportation investment standards and criteria -STATUTE- (a) Subject to sections 301-304 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to - (1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use; (2) an inter-oceanic canal located outside the 48 contiguous States; (3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation; (4) foreign assistance programs; (5) water resources projects; or (6) grant-in-aid programs authorized by law. (b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall - (1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the - (A) projected growth of transportation needs and traffic in the affected area; (B) the relative efficiency of various modes of transportation; (C) the available transportation services in the area; and (D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy; (2) coordinate the survey, plan, or report - (A) with the Secretary and include the views and comments of the Secretary; and (B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and (3) send the survey, plan, or report to the President for disposition under law and procedure established by the President. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2420.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 305(a) 49:1656(a)(less next- Oct. 15, 1966, Pub. to-last par.). L. 89-670, Sec. 7(less (a) next-to- last par.), 80 Stat. 941. 305(b) 49:1656(less (a)). ------------------------------- In subsection (a), before clause (1), the words 'consistent with national transportation policies' after 'develop standards and criteria' are omitted as unnecessary because of section 302 of the revised title. The words 'Based on experience' are substituted for 'in the light of experience', and the words 'shall prescribe' are substituted for 'be promulgated by the', to conform to other sections of the revised title. The words 'from time to time' after 'shall revise' are omitted as unnecessary. The words 'This subsection does not apply to' are substituted for 'except such proposals as are concerned with' for clarity. In clause (1), the words 'a department, agency, or instrumentality of the Government' are substituted for 'Federal agencies' for clarity and consistency. Similar conforming changes are made throughout the section. The word 'services' after 'provide transportation' is omitted as unnecessary. In clause (2), the words '48 contiguous States' are substituted for 'contiguous United States' for clarity. The text of 49:1656(a)(last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation. In subsection (b)(2), the words 'unit of' before 'governments' are omitted as surplus. In clause (3), the word 'thereafter' after 'send' is omitted as surplus. ------DocID 54888 Document 55 of 1105------ -CITE- 49 USC Sec. 306 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 306. Prohibited discrimination -STATUTE- (a) In this section, 'financial assistance' includes obligation guarantees. (b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.), or section 4(i) or 5 of the Department of Transportation Act (49 App. U.S.C. 1653(i), 1654). (c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection. (d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions: (1) direct that no more Federal financial assistance be provided the person. (2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person. (3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (4) take other action provided by law. (e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98-216, Sec. 2(3), Feb. 14, 1984, 98 Stat. 5.) -MISC1- Historical and Revision Notes 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 306(a) 45:803(f). Feb. 5, 1976, Pub. L. 94-210, Sec. 905, 90 Stat. 148. 306(b) 45:803(a). 306(c), (d) 45:803(b). 306(e) 45:803(c)-(e). ------------------------------- In subsection (b), the enumerated laws are substituted for 'through financial assistance under this Act', meaning the Rail Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210, 90 Stat. 31) and laws amended by that Act. The laws cited in the subsection are substituted for 'through financial assistance under this Act' for clarity. The enumerated laws include provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 that amend other laws as well as provisions that are not amendments to other laws. A reference to the Urban Mass Transportation Act of 1964 (Pub. L. 88-365, 78 Stat. 302) is omitted because this section related to that Act is superseded by 49:1615. In subsection (c), the word 'decides' is substituted for 'determines' for consistency. The word 'ensure' is substituted for 'assure' as being more precise. In subsection (d), the words 'at least one of the following actions' are substituted for 'and/or' for clarity and consistency. In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary. 1984 ACT This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix. -REFTEXT- REFERENCES IN TEXT The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat. 31, as amended. Titles V and VII of the Act are classified to subchapters II (Sec. 821 et seq.) and III (Sec. 851 et seq.), respectively, of chapter 17 of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables. The Civil Rights Act of 1964, referrred to in subsec. (d)(3), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-216 substituted 'section 332 or 333 of this title' for 'section 332 of this title' and '49 App. U.S.C.' for '49 U.S.C.'. ------DocID 54889 Document 56 of 1105------ -CITE- 49 USC Sec. 307 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 307. Safety information and intervention in Interstate Commerce Commission proceedings -STATUTE- (a) The Secretary of Transportation shall inspect promptly the safety compliance record in the Department of Transportation of each person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service. The Secretary shall report the findings of the inspection to the Commission. (b) When the Secretary is not satisfied with the safety record of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed transfer of permanent authority, the Secretary shall intervene and present evidence of the fitness of the person to the Commission in its proceedings. (c) When requested by the Commission, the Secretary shall - (1) provide the Commission with a complete report on the safety compliance of a carrier providing transportation or freight forwarder service subject to its jurisdiction; (2) provide promptly a statement of the safety record of a person applying to the Commission for temporary authority to provide transportation; (3) intervene and present evidence in a proceeding in which a finding of fitness is required; and (4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act on an application or to make a finding on the fitness of a carrier. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2421.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 307(a) 49:1653(e)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 4(e), 80 Stat. 934. 307(b) 49:1653(e)(2). 307(c) 49:1653(e)(3), (4). ------------------------------- In the section, the words 'be the duty of' before 'Secretary shall' are omitted as surplus. In subsection (a), the word 'inspect' is substituted for 'investigate' as being more appropriate. The words 'person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service' are substituted for 'applicant seeking operating authority from the Interstate Commerce Commission' as being more precise and to conform to subtitle IV of the revised title. The words 'of the inspection' are inserted for clarity. In subsection (b), the words 'person applying for permanent authority to provide transportation or freight forwarder service' are substituted for 'applicant for permanent operating authority' as being more precise and to conform to subtitle IV of the revised title. The words 'proposed transfer of permanent authority' are substituted for 'proposed transaction involving transfer of operating authority' to eliminate surplus words and for clarity because the transfer only involves permanent authority. In subsection (c)(1), the words 'providing transportation or freight forwarder service subject to its jurisdiction' are inserted for clarity. Subsection (c)(2) is substituted for 49:1653(e)(3) for clarity and to conform to subtitle IV of the revised title. The words 'freight forwarder service' are not used because the law does not provide for temporary authority for freight forwarders. In subsection (c)(3) and (4), the word 'finding' is substituted for 'determination' to conform to subtitle IV of the revised title. In subsection (c)(3), the words 'necessary or' before 'desirable' are omitted as surplus. ------DocID 54890 Document 57 of 1105------ -CITE- 49 USC Sec. 308 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 308. Reports -STATUTE- (a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year. (b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include - (1) collected information the Secretary considers valuable in deciding questions about - (A) the development and regulation of civil aeronautics; (B) the use of airspace of the United States; and (C) the improvement of the air navigation and traffic control system; and (2) recommendations for additional legislation and other action the Secretary considers necessary. (c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the - (1) economic and technological development of the ports; (2) extent to which the ports contribute to the national welfare and security; and (3) factors that may impede the continued development of the ports. (d) By the 90th day after the end of each fiscal year, the Secretary shall submit to Congress a report listing the specific assistance provided by the United States Government to the railroad industry during that fiscal year. The report shall include - (1) the reasons for each Government loan or grant and explain the way in which the loan or grant contributed to the overall goal of providing a safe and efficient transportation system; (2) information on the financial condition of each railroad having a loan guaranteed under the Emergency Rail Services Act of 1970 (45 U.S.C. 661 et seq.) throughout the duration of the loan; and (3) information on the past and anticipated financial condition and operations during the fiscal year of the Railroad Rehabilitation and Improvement Fund established under section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) and of the Obligation Guarantee Fund established under section 511(b) of that Act (45 U.S.C. 831(b)). (e)(1) The Secretary shall submit a report to Congress in January of each even-numbered year of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes. (2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98-216, Sec. 2(1)(A), Feb. 14, 1984, 98 Stat. 4.) -MISC1- Historical and Revision Notes 1983 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 308(a) 45:792. Jan. 2, 1974, Pub. L. 93-236, Sec. 602, 87 Stat. 1022. 49:1658. Oct. 15, 1966, Pub. L. 89-670, Sec. 12, 80 Stat. 949; Feb. 5, 1976, Pub. L. 94- 210, Sec. 906(1), 90 Stat. 149. 308(b) 49:1354(e). Aug. 23, 1958, Pub. L. 85-726, Sec. 313(e), 72 Stat. 753. 308(c) 15:1519a. Oct. 3, 1980, Pub. L. 96-371, Sec. 2, 94 Stat. 1362; Aug. 6, 1981, Pub. L. 97- 31, Sec. 12(8), 95 Stat. 154. ------------------------------- In subsection (a), the words 'As part of his annual report each year' in 45:792 are omitted as unnecessary because of the restatement of the source provisions. In subsection (b), before clause (1), the words 'aviation activities of the Department' are substituted for 'work performed under this chapter' because of the restatement. The words 'The report shall include' are substituted for 'Such report shall contain' for consistency. In clause (1), the words 'and data' after 'information' are omitted as surplus. The words 'airspace of the United States' are substituted for 'National airspace' for clarity and consistency. In clause (2), the words 'the Secretary considers necessary' are substituted for 'as may be considered' for clarity. 1984 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 308(d) 49 App.:1654a. Oct. 14, 1980, Pub. L. 96-448, Sec. 409, 94 Stat. 1948; Dec. 21, 1982, Pub. L. 97-375, Sec. 210(a), 96 Stat. 1825. 308(e) 49 App.:1601c. Jan. 6, 1983, Pub. L. 97-424, Sec. 310, 96 Stat. 2151. ------------------------------- This (deletion of the last sentence of subsection (a)) is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (Pub. L. 97-375, 96 Stat. 1821) repealed section 602 of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236, 87 Stat. 1022), which was restated as section 308(a)(last sentence) of title 49 by section 1 of the Act of January 12, 1983 (Pub. L. 97-449, 96 Stat. 2413). In subsection (e)(1), the words 'January of each even-numbered year' are substituted for 'January of 1984 and in January of every second year thereafter' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The Emergency Rail Services Act of 1970, referred to in subsec. (d)(2), is Pub. L. 91-663, Jan. 8, 1971, 84 Stat. 1975, as amended, which is classified generally to chapter 15 (Sec. 661 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 661 of Title 45 and Tables. -MISC2- AMENDMENTS 1984 - Pub. L. 98-216, Sec. 2(1)(A)(i), substituted 'Reports' for 'Annual reports' in section catchline. Subsec. (a). Pub. L. 98-216, Sec. 2(1)(A)(ii), struck out requirement that the report include a complete statement on the effectiveness of the United States Railway Association and the Consolidated Rail Corporation in carrying out the purposes of the Regional Rail Reorganization Act of 1973. Subsecs. (d), (e). Pub. L. 98-216, Sec. 2(1)(A)(iii), added subsecs. (d) and (e). ANNUAL REPORT ON SAFETY ENFORCEMENT ACTIVITIES OF FEDERAL AVIATION ADMINISTRATION Pub. L. 100-457, title III, Sec. 317(a), Sept. 30, 1988, 102 Stat. 2148, provided that: 'The Secretary of Transportation shall on or before January 1 of each year transmit to the Congress a comprehensive report on the Federal Aviation Administration's prior fiscal year safety enforcement activities. The report shall include: '(1) a comparison of end-of-year staffing levels by inspector category (operations, maintenance, avionics) to staffing goals and a statement as to how staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance and avionics inspectors; '(2) schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories who are considered fully qualified; '(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the number of inspectors, by work force categories, who have received all mandatory training; '(4) a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work programs ensure compliance with appropriate Federal regulations and safe operating practices; '(5) a comparison of actual inspections performed during the fiscal year to the annual work programs disaggregated to the field locations and, for any field location completing less than 80 percent of its planned number of inspections, an explanation as to why annual work program plans were not met; '(6) a statement of the adequacy of Federal Aviation Administration internal management controls available to ensure that field managers are complying with Federal Aviation Administration policies and procedures including those regarding inspector priorities, district office coordination, minimum inspection standards, and inspection followup; '(7) the status of the Federal Aviation Administration's efforts to update inspector guidance documents and Federal regulations to include technological, management, and structural changes taking place within the aviation industry, including a listing of the backlog of all proposed regulatory changes; '(8) a list of the specific operational measures of effectiveness - 'best proxies' standing between the ultimate goal of accident prevention and ongoing program activities - that are being used to evaluate progress in meeting program objectives, the quality of program delivery, and the nature of emerging safety problems; '(9) a schedule showing the number of civil penalty cases closed during the two prior fiscal years, including total initial assessments, total final assessments, total dollar amount collected, range of dollar amount collected, average case processing time, and range of case processing time; '(10) a schedule showing the number of enforcement actions taken, excluding civil penalties, during the two prior fiscal years, including total number of violations cited, and the number of cited violation cases closed by certificate suspension, certification revocations, warnings, and no action taken; and '(11) schedules showing the aviation industry's safety record during the fiscal year for air carriers and general aviation, including the number of inspections performed where deficiencies were identified compared with inspections where no deficiencies were found and the frequency of safety deficiencies per carrier as well as an analysis based on the data of the general status of air carrier and general aviation compliance with Federal Aviation Regulations.' Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 101(l) (title III, Sec. 317(a)), Dec. 22, 1987, 101 Stat. 1329-358, 1329-380. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 106 of this title; title 33 section 535h. ------DocID 54891 Document 58 of 1105------ -CITE- 49 USC SUBCHAPTER II -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATIVE ------DocID 54892 Document 59 of 1105------ -CITE- 49 USC Sec. 321 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 321. Definitions -STATUTE- In this subchapter, 'aeronautics', 'air commerce', and 'air navigation facility' have the same meanings given those terms in section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8)), respectively. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 321 (no source). ------------------------------- A number of the source provisions of the subchapter are taken from 49:ch. 20. The text of 49:ch. 20 contains general definitions, some of which are used in those source provisions. The section includes those definitions from 49:ch. 20 that are used in the source provisions included in the subchapter. AMENDMENTS 1984 - Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. ------DocID 54893 Document 60 of 1105------ -CITE- 49 USC Sec. 322 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 322. General powers -STATUTE- (a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer. (b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned. (c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers - (1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent; (2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and (3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies. (d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for - (1) rent and personal services; (2) travel expenses; (3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges; (4) printing and binding; (5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics; (6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade; (7) investigations and studies about aeronautics; and (8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property. (e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that - (1) making the property would require a substantial initial investment or an extended period of preparation; and (2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2422.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 322(a) 49:1657(e)(1)(last Oct. 15, 1966, Pub. 19 words), (2) L. 89-670, Sec. (last 19 words), 9(e)-(g), 80 Stat. (f), (g). 944. 322(b) 49:1344(d)(less Aug. 23, 1958, Pub. words after L. 85-726, Sec. semicolon). 302(k), 303(a), (d)(less words after semicolon), 80 Stat. 747, 749. 49:1657(e)(1)(less last 19 words), (2)(less last 19 words), (3). 5 App. U.S.C. Reorg. Plan No. 2 of 1968, eff. July 1, 1968, Sec. 2, 82 Stat. 1369. 322(c) 49:1343(i). 322(d) 49:1344(a). 322(e) 49:1344(e). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 303(e); added May 21, 1970, Pub. L. 91-258, Sec. 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94- 353, Sec. 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96- 470, Sec. 112(e), 94 Stat. 2240. ------------------------------- In the chapter, the words 'Secretary of Transportation' and 'Secretary' are substituted for 'Administrator' in the provisions of the Federal Aviation Act of 1958 (Pub. L. 85-726, 72 Stat. 731) restated in the revised chapter because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). In subsection (a), the words 'may prescribe regulations to carry out the duties and powers' are substituted for 'may make such rules and regulations as may be necessary to carry out . . . functions, powers, and duties' for consistency and to eliminate unnecessary words. The text of 49:1657(f) and (g) is omitted as executed because the transfer of personnel, assets, and liabilities, etc., has been accomplished. In subsection (b), the words 'Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties' before 'the Secretary may' in 49:1657(e)(1) are omitted because of the specific wording of sections 103, 104, and 106 of the revised title. The words 'in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter' before 'delegate' in 49:1657(e)(1) are omitted because the authority of the Secretary to delegate is consolidated in the subsection. The words 'the duties and powers of the Secretary' are substituted for 'any of his residual functions, powers, and duties' in 49:1657(e)(1) and 'any of the functions transferred to him by this reorganization plan' in section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968, 82 Stat. 1369), for clarity and consistency. The words 'as he may designate' and 'of such functions, powers, and duties as he may deem desirable' are omitted as surplus each place they appear in 49:1657(e)(1) and (2). The text of section 322(b)(1st sentence) of the revised title is substituted for 49:1344(d)(less words after semicolon) for clarity and because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The text of 49:1657(e)(2)(words before 2d comma) is omitted as unnecessary because the authority of an officer to delegate is consolidated in the subsection. The words 'the duties and powers of the officer' are substituted for 'such functions, powers, and duties' in 49:1657(e)(2) for clarity and consistency. The words 'the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title' are substituted for 'any of the statutory duties and responsibilities specifically assigned to them by this chapter' in 49:1657(e)(3) for clarity. The words 'may not be delegated to an officer or employee outside the Administration concerned' are substituted for 'The Administrators established by section 1652(e) of this title . . . may not delegate . . . outside of their respective administrations' in 49:1657(e)(3) for clarity and because of the restatement of the section. In subsection (c), before clause (1), the words 'aviation duties and powers' are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. In clause (2), the words 'those departments, agencies, and instrumentalities' are substituted for 'such other agencies and instrumentalities' in 49:1343(i) for clarity and consistency. The words 'aviation . . . Department' are substituted for 'Administration' in 49:1343(i) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). In subsection (d), before clause (1), the words 'aviation duties and powers' are substituted for 'for the exercise and performance of the powers and duties vested in and imposed upon him by law' in 49:1344(a) because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words 'at the seat of government and elsewhere as may be necessary' after 'expenditures' and 'and as from time to time may be appropriated for by Congress' are omitted as surplus. In clause (8), the words 'passenger-carrying aircraft and automobiles' are substituted for 'passenger-carrying automobiles and aircraft' in 49:1344(a) for clarity. The words 'such . . . as is necessary in the exercise and performance of the powers and duties of the Secretary' after 'aircraft' in 49:1344(a) are omitted as unnecessary because of the restatement of the section. The text of 49:1344(a)(proviso) is omitted as unnecessary. In subsection (e), before clause (1), the words 'or in support of' are omitted as surplus. In clause (1), the words 'making the property' are substituted for 'for manufacture' for clarity. In clause (2), the word 'formal' is omitted as unnecessary. The word 'unreasonably' is substituted for 'unduly' for consistency. ------DocID 54894 Document 61 of 1105------ -CITE- 49 USC Sec. 323 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 323. Personnel -STATUTE- (a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers. (b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2423.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 323(a) 49:1343(d). Aug. 23, 1958, Pub. L. 85-726, Sec. 302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87-367, Sec. 205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87- 793, Sec. 1001(h), 76 Stat. 864. 49:1343(f). Aug. 23, 1958, Pub. L. 85-726, Sec. 302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87-367, Sec. 205(a), 75 Stat. 791. 49:1657(a). Oct. 15, 1966, Pub. L. 89-670, Sec. 9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95-251, Sec. 2(a)(12), 92 Stat. 183. 323(b) 49:1343(g)(1st Aug. 23, 1958, Pub. sentence 33d-43d L. 85-726, Sec. words). 302(i)(1st sentence 31st-41st words), 72 Stat. 747. 49:1657(b). ------------------------------- In the section, the word 'pay' is substituted for 'compensation' for consistency with title 5. In subsection (a), the words 'In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department' before 'the Secretary' and 'subject to the civil service and classification laws' before 'to select' in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word 'appoint' is substituted for 'select, employ, appoint' because it is inclusive. The words 'attorneys, and agents' after 'employees' in 49:1343(d) and 'including investigators, attorneys, and administrative law judges' after 'employees' in 49:1657(a) are omitted as included in 'officers and employees'. The words 'of the Department of Transportation' are substituted for 'as are necessary to carry out the provisions of this chapter' for consistency. The text of 49:1343(d)(words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95-454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act. In subsection (b), the word 'procure' is substituted for 'obtain' to conform to 5:3109. The words 'unless otherwise specified in an appropriation Act' after 'individuals' in 49:1657(b) are omitted as surplus. ------DocID 54895 Document 62 of 1105------ -CITE- 49 USC Sec. 324 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 324. Members of the armed forces -STATUTE- (a) The Secretary of Transportation - (1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and (2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary. (b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department. (c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements. (d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2423.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 324(a)(1) 49:1343(a)(1)(1st Aug. 23, 1958, Pub. sentence). L. 85-726, Sec. 302(c)(1), (2)(related to cooperative agreements), 72 Stat. 745. 324(a)(2) 49:1657(c)(1st Oct. 15, 1966, Pub. sentence). L. 89-670, Sec. 9(c), (d), 80 Stat. 944. 324(b) 49:1657(p). Oct. 15, 1966, Pub. L. 89-670, Sec. 9(p), 80 Stat. 947; Oct. 28, 1974, Pub. L. 93-496, Sec. 16(b), 88 Stat. 1533. 324(c) 49:1343(a)(1)(less 1st sentence). 49:1657(c)(less 1st sentence), (d)(2). 324(d) 49: 1343(a)(2)(related to cooperative agreements). 49:1657(d)(1). ------------------------------- In the section, the words 'members of the armed forces' are substituted for 'military personnel', 'Members of the Army, the Navy, the Air Force, or the Marine Corps', and 'members of the armed services' for clarity and to conform to title 10. In subsection (a)(2), the words 'other duties and powers of the Secretary' are substituted for 'the functions of the Department' for clarity and consistency. In subsection (b), the words 'Notwithstanding any provision of this chapter or other law' before 'a member' and 'Subject to the provisions of title 5' before 'a retired' are omitted as unnecessary. In subsection (c), the words 'The Secretary of Transportation and the Secretary of a military department may make cooperative agreements under which' are substituted for 'by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation' in 49:1343(a)(1) and 49:1657(c) for clarity. The words 'or the Coast Guard' before 'may be detailed' in 49:1343(a)(1)(2d sentence) are omitted because of the transfer of the Coast Guard to the Secretary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words 'may be appointed, detailed, or assigned' are substituted for 'may be detailed' for clarity and consistency in 49:1343(a)(1) and 49:1657(c). The words 'to the Department of Transportation' are substituted for 'for service in the Administration to effect such participation' in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words 'in writing' after 'annually' in 49:1657(d)(2) are omitted as unnecessary. The words 'each member appointed, detailed, or assigned' are substituted for 'personnel appointed' and 'members of the armed services detailed' in 49:1657(d)(2) for clarity and consistency. In subsection (d), the words 'The Secretary of a military department' are substituted for 'his armed force or any officer thereof' in 49:1657(d)(1) and 'the department from which detailed or appointed or by any agency or officer thereof' in 49:1343(a)(2) for clarity and consistency. The words 'directly or indirectly' before 'with respect to' are omitted as surplus. The words 'the duties and powers of . . . when those duties and powers pertain to the Department of Transportation' are substituted for 'with respect to his responsibilities under this chapter or within the Administration' in 49:1343(a)(2) and 'with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned' in 49:1657(d)(1) for consistency and because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words 'does not control' are substituted for 'No . . . shall be subject to direction or control by' in 49:1343(a)(2) and 'shall not be subject to direction by or control by' 49:1657(d)(1) for clarity. The words 'the acceptance of' before 'and service' and 'any appointive or other' before 'position' in 49:1657(d)(1) are omitted as unnecessary. The words 'a member' are added because of the restatement of the section. The words 'that member' are substituted for 'commissioned officers or enlisted men' in 49:1343(a)(2) and 'officers and enlisted men' in 49:1657(d)(1) because of the restatement of the section and to eliminate unnecessary words. The word 'held' is substituted for 'may occupy or hold' to eliminate unnecessary words. The words 'right or benefit' are substituted for 'emolument, perquisite, right, privilege, or benefit' to eliminate unnecessary words. The words 'incident to or' before 'arising' are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 14 section 42. ------DocID 54896 Document 63 of 1105------ -CITE- 49 USC Sec. 325 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 325. Advisory committees -STATUTE- (a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary. (b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government. (c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2424.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 325(a) 49:1343(g)(1st Aug. 23, 1958, Pub. sentence 1st-32d L. 85-726, Sec. words). 302(i)(less 1st sentence 31st-41st words), 72 Stat. 747. 49:1657(o)(1st Oct. 15, 1966, Pub. sentence). L. 89-670, Sec. 9(o), 80 Stat. 947. 325(b) 49:1343(g)(1st sentence 44th-53d words, last sentence). 49:1657(o)(last sentence). 325(c) 49:1343(g)(1st sentence 54th-last words). ------------------------------- In subsection (a), the words 'provisions of title 5 governing appointment in the competitive service' are substituted for 'civil service laws' in 49:1657(o) for clarity and consistency. The words 'as shall be appropriate for the purpose of' before 'consultation' in 49:1657(o) are omitted as surplus. The words 'the Secretary in carrying out the duties and powers of the Secretary' are substituted for 'the Department in performance of its functions' in 49:1657(o) and 'the Administration in performance of its functions hereunder' in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transportation. In subsection (b), the word 'compensation' after 'may be paid' in 49:1657(o) is omitted as surplus. The words 'not more than $100 a day' are substituted for 'at rates not exceeding those authorized for individuals under subsection (b) of this section' in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words 'A member is entitled to reimbursement for expenses under section 5703 of title 5' are substituted for 49:1343(g)(last sentence) and 49:1657(o)(last sentence words after 4th comma) for clarity. In subsection (c), the words 'A member of an advisory committee advising the Secretary' are substituted for 'in the case of any individual' in 49:1343(g) for clarity. The words 'may serve' are added for clarity and because of the restatement of the section. The words 'in carrying out aviation duties and powers' are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 54897 Document 64 of 1105------ -CITE- 49 USC Sec. 326 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 326. Gifts -STATUTE- (a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift. (b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of - (1) gifts of money; (2) income from property accepted under this section and proceeds from the sale of that property; and (3) income from securities under subsection (c) of this section. (c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government. (d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 326(a) 49:1344(c)(1). Aug. 23, 1958, Pub. L. 85-726, Sec. 303(c)(1), 72 Stat. 748. 49:1657(m)(1)(1st, Oct. 15, 1966, Pub. 3d sentences). L. 89-670, Sec. 9(m), 80 Stat. 946. 326(b) 49:1657(m)(1)(2d sentence), (3)(less 1st sentence). 326(c) 49:1657(m)(3)(1st sentence). 326(d) 49:1657(m)(2). ------------------------------- In the section, the word 'gifts' is substituted for 'gifts and bequests' in 49:1657(m)(1) because it is inclusive. In subsection (a), the words 'accept and use' are substituted for 'accept, hold, administer, and utilize', and the words 'for the Department' are substituted for 'for the purpose of aiding or facilitating the work of the Department' in 49:1657(m)(1), to eliminate unnecessary words. The word 'property' is substituted for 'property, both real and personal' in 49:1657(m)(1), and 'gift or donation of money or other property, real and personal' in 49:1344(c)(1) to eliminate unnecessary words. The words 'aviation duties and powers' are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words 'under this section and proceeds from that property' are substituted for 'pursuant to this paragraph, and the proceeds thereof' in 49:1657(m)(1) for clarity. In subsection (b), the words 'The Department has a' and 'The fund consists of' are added for clarity and because of the restatement of the section. The word 'separate' before 'fund' is omitted as unnecessary and for consistency. The words 'from the fund' are added for clarity. The words 'accepted under this section' are substituted for 'held by the Secretary pursuant to paragraph (1)' for clarity. The words 'that property' are substituted for 'other property received as gifts or bequests' to eliminate unnecessary words. The words 'from securities under subsection (c) of this section' are substituted for 'accruing from such securities' for clarity. In subsection (c), the words 'amounts in the fund' are substituted for 'any moneys contained in the fund provided for in paragraph (1)' for clarity and consistency. In subsection (d), the words 'under this section' are substituted for 'under paragraph (1)' because of the restatement of the section. The words 'the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)' are substituted for 'For the purpose of Federal income, estate, and gift taxes' for consistency. AMENDMENTS 1986 - Subsec. (d). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. ------DocID 54898 Document 65 of 1105------ -CITE- 49 USC Sec. 327 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 327. Administrative working capital fund -STATUTE- (a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include - (1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department; (2) central messenger, mail, telephone, and other communications services; (3) office space; (4) central services for document reproduction, and for graphics and visual aids; and (5) a central library service. (b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund. (c) The fund consists of - (1) amounts appropriated to the fund; (2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations; (3) amounts received from the sale or exchange of property; and (4) payments received for loss or damage to property of the fund. (d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2425.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 327(a) 49:1657(j)(1st Oct. 15, 1966, Pub. sentence less 11th- L. 89-670, Sec. 17th words). 9(j), 80 Stat. 945. 327(b) 49:1657(j)(1st sentence 11th-17th words, 2d sentence, 18th-22d words). 327(c) 49:1657(j)(2d sentence less 18th- 22d words, 4th sentence). 327(d) 49:1657(j)(less 1st, 2d, 4th sentences). ------------------------------- In subsection (a), the words 'Department of Transportation has' are substituted for 'Secretary is authorized to establish' because the working capital fund has been established. The words 'administrative' before 'working' and 'Amounts in the fund are available' are added for clarity. The words 'the Secretary of Transportation decides are' are substituted for 'as he shall find to be' for clarity. The words 'desirable for the economy' are substituted for 'desirable in the interest of economy' to eliminate unnecessary words. The words 'such services as' before 'a central supply service' and 'in whole or in part' before 'the requirements of the Department' are omitted as surplus. The words 'the requirements of the Department' are substituted for 'the requirements of the Department and its agencies' because they are inclusive. In subsection (b), the words 'Amounts in the fund' are added for clarity. The words 'Amounts may be appropriated to the fund' are substituted for '(which appropriations are hereby authorized)' for clarity. In subsection (c), the words 'The fund consists of' are substituted for 'The capital of the fund shall consist of' and 'The fund shall also be credited with' for clarity. The word 'reasonable' is substituted for 'fair and reasonable' because it is inclusive. The words 'amounts appropriated to the fund' are substituted for 'of any appropriations made for the purpose of providing capital' for clarity. The words 'amounts received from the sale' are substituted for 'receipts from the sale', and the words 'payments received for loss' are substituted for 'receipts in payment for', as being more precise. In subsection (d), the words 'agencies and offices in' after 'available funds of' are omitted because they are included in 'Department'. The words 'Amounts in the fund, in excess of amounts' are added for clarity. The words 'any surplus found in the fund . . . above the' after 'miscellaneous receipts' are omitted because of the restatement of this section. The words 'to establish and' before 'maintain' are omitted because the working capital fund has been established. The words 'deposited in the Treasury' are substituted for 'covered into the United States Treasury' for consistency. The words 'are . . . in determining the amount of the excess' are added for clarity. ------DocID 54899 Document 66 of 1105------ -CITE- 49 USC Sec. 328 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 328. Transportation Systems Center working capital fund -STATUTE- (a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries. (b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund. (c) The capital of the fund consists of - (1) amounts appropriated to the fund; (2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980; (3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and (4) the reasonable value of property and other assets donated to the fund. (d) The fund shall be reimbursed or credited with - (1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for - (A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and (B) acquiring property and equipment under regulations the Secretary prescribes; and (2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund. (e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2425.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 328(a) 49:1657(r)(1)(1st Oct. 15, 1966, Pub. sentence, 2d L. 89-670, 80 Stat. sentence words 931, Sec. 9(r); before last comma, added May 30, 1980, last sentence). Pub. L. 96-254, Sec. 207, 94 Stat. 413. 328(b) 49:1657(r)(1)(2d sentence words after last comma), (2)(B)(words after last comma). 328(c) 49:1657(r)(2)(A), (B)(words before last comma), (C). 328(d) 49:1657(r)(3). 328(e) 49:1657(r)(4). ------------------------------- In subsection (a), the words 'Department of Transportation has' are substituted for 'Secretary is authorized to establish' because the working capital fund has been established. The text of 49:1657(r)(1)(2d sentence words before last comma) are omitted as executed. The words 'The Transporation Systems Center is authorized to perform' are omitted as unnecessary because of the restatement. The word 'approves' is substituted for 'direct . . . and, when approved by the Secretary' to eliminate unnecessary words. The words 'or his designee' are omitted because of section 322(b) of the revised title. In subsection (c)(3) and (4), the words 'fair and' are omitted as surplus. In subsection (c)(3), the words 'by the Department and other agencies of the Government' are omitted as surplus. In subsection (c)(4), the words 'from other sources' are omitted as surplus. In subsection (d)(1), before clause (A), the words 'or his designee' are omitted because of section 322(b) of the revised title. In subsection (e), the words 'The Secretary shall deposit' are substituted for 'there shall be transferred' for clarity and consistency. The words 'in the fund' are added for clarity. ------DocID 54900 Document 67 of 1105------ -CITE- 49 USC Sec. 329 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 329. Transportation information -STATUTE- (a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection. (b) The Secretary shall - (1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. (FOOTNOTE 1) 1441 et seq.)) including, at a minimum, information on (A) the origin and destination of passengers in interstate and overseas air transportation (as those terms are used in such Act), and (B) the number of passengers traveling by air between any two points in interstate and overseas air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight and the flight number under which such flight operates are used solely for interstate or overseas air transportation and are not used for providing essential air transportation under section 419 of the Federal Aviation Act of 1958; (FOOTNOTE 1) See 49 App. U.S.C. (2) study the possibilities of developing air commerce and the aeronautical industry; and (3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government. (c)(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may - (A) make special statistical studies on foreign and domestic transportation; (B) make special studies on other matters related to duties and powers of the Secretary; (C) prepare, from records of the Department of Transportation, special statistical compilations; and (D) provide transcripts of studies, tables, and other records of the Department. (2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information. (d) To assist in carrying out duties and powers under the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.), the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that Act. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2426; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98-443, Sec. 5(a), Oct. 4, 1984, 98 Stat. 1705.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 329(a) 49:1634. Sept. 30, 1965, Pub. L. 89-220, Sec. 4, 79 Stat. 893. 49:1655(a)(2)(A) Oct. 15, 1966, Pub. (related to L. 89-670, Sec. 49:1634). 6(a)(2)(A)(related to Sec. 4 of the Act of Sept. 30, 1965), 9(n), 80 Stat. 937, 946. 329(b) 49:1352. Aug. 23, 1958, Pub. L. 85-726, Sec. 311, 72 Stat. 751. 329(c)(1) 49:1657(n)(1)(less last 17 words). 329(c)(2) 49:1657(n)(1)(last 17 words), (2). 329(d) 49:1343(b). Aug. 23, 1958, Pub. L. 85-726, Sec. 302(d), 72 Stat. 746. ------------------------------- In subsection (a), the word 'information' is substituted for 'data, statistics, and other information' in 49:1634 to eliminate unnecessary words. The words 'transportation system of the United States' are substituted for 'national transportation system' in 49:1634 for clarity and consistency. The words 'in carrying out this activity' before 'the Secretary shall' in 49:1634 are omitted as surplus. The words 'departments, agencies, and instrumentalities of the United States Government' are substituted for 'Federal agencies' in 49:1634 for clarity and consistency. The words 'To the greatest extent practical' are substituted for 'insofar as practicable' in 49:1634 for consistency. The words 'The Secretary shall' are added for clarity. In subsection (b), the words 'by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil Aeronautics Board under title IV of that Act (49 U.S.C. 1371 et seq.)' are substituted for 'the Board under subchapter IV and VII of this chapter)' in 49:1352 because 49:1655(d)(1st sentence) transferred duties of the Civil Aeronautics Board under 49:ch. 20, subch. VII to the Secretary of Transportation to be carried out through the National Transportation Safety Board. The reference to the National Transportation Safety Board is to the independent Board established by section 303(a) of the Independent Safety Board Act of 1974 (Pub. L. 93-633, 88 Stat. 2167) outside the Department of Transportation and not to the prior Board that was a part of the Department. The words 'departments, agencies, and instrumentalities of the Government' are substituted for 'government channels' in 49:1352 for clarity and consistency. In subsection (c)(1), the words 'of the United States' are added for clarity and consistency. The words 'of a State, territory, or possession' are substituted for 'thereof' after 'subdivision' for clarity. The words 'related to the duties and powers of the Secretary' are substituted for 'falling within the province of the Department' for clarity and consistency. In subsection (c)(2), the words 'governmental authority requesting information under paragraph (1) of this subsection' are substituted for 'body requesting it' for clarity and consistency. The word 'separate' before 'account' is omitted as unnecessary and for consistency. The words 'must pay' are substituted for 'upon the payment' after 'other records' for clarity. The words 'preparing the information' are substituted for 'such work' after 'actual cost of' for clarity. The word 'payments' is substituted for 'All moneys received by the Department in payment of the cost of work under paragraph (1)' to eliminate unnecessary words. The words 'in the Treasury' are added for clarity and consistency. The words 'The Secretary may use amounts in the account' are substituted for 'These moneys may be used, in the discretion of the Secretary' for clarity and to eliminate unnecessary words. The words 'to getting and providing the information' are substituted for 'to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States' for clarity and to eliminate unnecessary words. In subsection (d), the words 'in carrying out duties and powers under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.)' are substituted for 'in discharge of responsibilities under this chapter' in 49:1343(b) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and for consistency. The words 'directly related to carrying out that part' are substituted for 'directly relating to such responsibilities' in 49:1343(b) because of the restatement of the source provisions. -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in subsecs. (b)(1) and (d), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified generally to chapter 20 (Sec. 1301 et seq.) of the Appendix to this title. Title VII and section 419 of the Act are classified to subchapter VII (Sec. 1441 et seq.) and section 1389, respectively, of chapter 20 of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of the Appendix to this title and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (b)(1). Pub. L. 98-443 struck out reference to information collected and disseminated by the Civil Aeronautics Board under section 1371 et seq. of this title, and added cls. (A) and (B). Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. Subsec. (d). Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. EFFECTIVE DATE OF 1984 AMENDMENT Section 5(b) of Pub. L. 98-443 provided that: 'The amendment made by this section (amending this section) shall take effect on January 1, 1985.' ------DocID 54901 Document 68 of 1105------ -CITE- 49 USC Sec. 330 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 330. Research contracts -STATUTE- (a) The Secretary of Transportation may make contracts with educational institutions, public and private agencies and organizations, and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show that it is able to carry out the contract. (b) In carrying out this section, the Secretary shall - (1) give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary; (2) participate in coordinating all research started under this section; (3) indicate the lines of inquiry most important to the Secretary; and (4) encourage and assist in establishing and maintaining cooperation by and between contractors and between them and other research organizations, the Department of Transportation, and other departments, agencies, and instrumentalities of the United States Government. (c) The Secretary may distribute publications containing information the Secretary considers relevant to research carried out under this section. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2427.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 330(a) 49:1657(q)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 9(q)(1)-(3), 80 Stat. 947. 49:1657(q)(2)(1st sentence). 330(b) 49:1657(q)(2)(less 1st sentence). 330(c) 49:1657(q)(3). ------------------------------- In subsection (a), the words 'may make contracts' are substituted for 'is authorized to enter into contracts' to eliminate unnecessary words. The words 'the conduct of' before 'scientific' are omitted as surplus. The words 'a problem' are substituted for 'any aspect of the problems' because of the style of the revised title. The words 'carried out by the Secretary' are substituted for 'of the Department which are authorized by statute' because the Secretary of Transportation is vested with all duties and powers. The words 'Before making a contract' are substituted for 'with which he expects to enter into contracts pursuant to this subsection' for clarity and to eliminate unnecessary words. The words 'is able to carry out the contract' are substituted for 'have the capability of doing effective work' for clarity. In subsection (b), before clause (1), the words 'In carrying out this section' are added for clarity. In clause (1), the word 'give' is substituted for 'furnish' before 'such advice' for consistency. The words 'duties and powers of the Secretary' are substituted for 'mission of the Department' for clarity and consistency. In clause (4), the word 'contractors' is substituted for 'the institutions, agencies, organizations, or persons' to eliminate unnecessary words. The words 'departments, agencies, and instrumentalities of the United States Government' are substituted for 'Federal agencies' for clarity and consistency. In subsection (c), the words 'considers relevant' are substituted for 'as he deems pertinent' as more precise. The words 'from time to time' before 'disseminate' and 'in the form of reports or . . . to public or private agencies or organizations, or individuals' before 'such information' are omitted as unnecessary. ------DocID 54902 Document 69 of 1105------ -CITE- 49 USC Sec. 331 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 331. Service, supplies, and facilities at remote places -STATUTE- (a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places: (1) emergency medical services and supplies. (2) food and other subsistence supplies. (3) messing facilities. (4) motion picture equipment and film for recreation and training. (5) living and working quarters and facilities. (6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress. (b) The Secretary shall prescribe reasonable charges for services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made. (c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2427.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 331(a) 49:1657(l)(less last Oct. 15, 1966, Pub. sentence). L. 89-670, Sec. 9(l), 80 Stat. 946. 331(b) 49:1657(l)(last sentence). 331(c) 49:1344(b). Aug. 23, 1958, Pub. L. 85-726, Sec. 303(b), 72 Stat. 748. ------------------------------- In subsection (a), the text of 49:1657(l)(words before 3d comma) is omitted as unnecessary. The words 'of the Department of Transportation' are added for clarity. In clause (6), the words 'individuals in distress' are substituted for 'distressed persons' as being more precise. In subsection (b), the words 'The Secretary shall prescribe reasonable charges' are substituted for 'shall be at prices reflecting reasonable value as determined by the Secretary' for clarity and to eliminate surplus words. The words 'services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section' are substituted for 'The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection' to eliminate surplus words. The words 'Amounts received under this subsection' are substituted for 'and the proceeds therefrom' for clarity. In subsection (c), the words 'aviation duties and powers' are substituted for 'the Administration' in 49:1344(b) because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The words 'before June 1' are substituted for 'prior to the first day of March' in 49:1344(b) to conform to the change in the start of the fiscal year from July 1 to October 1 under 31:1020(a)(2). The words 'and materials necessary' after 'supplies' in 49:1344(b) are omitted as surplus. The words 'to carry out those duties and powers' are substituted for 'necessary to the proper execution of the Secretary of Transportation's functions' in 49:1344(b) for clarity and consistency. The words 'the 48 contiguous States and the District of Columbia' are substituted for 'the continental United States' in 49:1344(b) for clarity. The words 'including those in Alaska' before 'in amounts' in 49:1344(b) are omitted as unnecessary because of the restatement of the section. The words 'The amount obligated under this subsection in a fiscal year' in 49:1344(b) are added for clarity. The words 'available for buying and transporting supplies to those installations' are substituted for 'made available for such purposes' in 49:1344(b) for clarity. The word 'succeeding' after 'next' in 49:1344(b) is omitted as surplus. ------DocID 54903 Document 70 of 1105------ -CITE- 49 USC Sec. 332 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 332. Minority Resource Center -STATUTE- (a) In this section, 'minority' includes women. (b) The Department of Transportation has a Minority Resource Center. The Center may - (1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States; (2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities; (3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing; (4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities; (5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities; (6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, manangement, and other forms of support and assistance to minority entrepreneurs and businesses; and (7) make arrangements to carry out this section. (c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals. (d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2428.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 332(a) 49:1657a(e). Oct. 15, 1966, Pub. L. 89-670, 80 Stat. 931, Sec. 11; added Feb. 5, 1976, Pub. L. 94-210, Sec. 906(2), 90 Stat. 149. 332(b) 49:1657a(a), (c). 332(c) 49:1657a(b). 332(d) 49:1657a(d). ------------------------------- In subsection (b), before clause (1), the word 'has' is substituted for 'The Secretary shall, within 180 days after February 5, 1976, establish' because the time for establishing the Center has expired and the Center has been established. The words 'The Department of Transportation' are added because of the restatement of the section. The words '(hereafter in this section referred to as the 'Center')' after 'Minority Resource Center' are omitted because of the style of the revised title. In subsection (b)(1), the word 'include' is substituted for 'establish and maintain', and the words 'to disseminate information' are substituted for 'and disseminate information from', for clarity. The words 'to them . . . related to' are substituted for 'to such entrepreneurs and businesses . . . with respect to' to omit unnecessary words. The words 'for purposes of furnishing . . . information' before 'with respect to' are omitted as surplus. In subsection (b)(2), the words 'those business opportunities' are substituted for 'such opportunities' after 'identify' for clarity. In subsection (b)(4), the words 'those business opportunities' are substituted for 'the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads' to eliminate surplus words. In subsection (b)(5), the words 'related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the nation's railroads' are omitted as unnecessary because of the restatement. In subsection (b)(7), the words 'make arrangements' are substituted for 'enter into such contracts, cooperative agreements, or other transactions' to eliminate unnecessary words. The words 'as may be necessary' after 'transactions' are omitted as surplus. The words 'to carry out this section' are substituted for 'in the conduct of its functions and duties' for clarity and consistency. In subsection (c), the words 'The Secretary shall make the appointments' and the words 'Each of those trade associations may submit a list of not more than' are added for clarity and because of the restatement of the section. In subsection (d), the words 'in carrying out this section' are substituted for 'in connection with the performance of its functions' for clarity and consistency. -TRANS- ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF FUNCTIONS AND SECURITIES The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 306 of this title. ------DocID 54904 Document 71 of 1105------ -CITE- 49 USC Sec. 333 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 333. Responsibility for rail transportation unification and coordination projects -STATUTE- (a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest. (b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers. (c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through - (A) elimination of duplicating or overlapping operations and facilities; (B) reducing switching operations; (C) using the shortest or more efficient and economical routes; (D) exchanging trackage rights; (E) combining trackage and terminal or other facilities; (F) upgrading tracks and other facilities used by at least 2 rail carriers; (G) reducing administrative and other expenses; and (H) other measures likely to reduce costs and improve rail transportation. (2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11910(a)(1) of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary. (d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference - (A) officers and directors of an affected rail carrier; (B) representatives of rail carrier employees who may be affected; (C) representatives of the Interstate Commerce Commission; (D) State and local government officials, shippers, and consumer representatives; and (E) representatives of the Federal Trade Commission and the Attorney General. (2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project. (e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Interstate Commerce Commission under section 11343(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11344(b) of this title. When the proposal is the subject of an application and proceeding before the Commission, the Secretary may appear in any proceeding related to the application. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2429.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 333(a) 49:1654(a). Oct. 15, 1966, Pub. L. 89-670, 80 Stat. 931, Sec. 5(a)-(e); added Feb. 5, 1976, Pub. L. 94-210, Sec. 401, 90 Stat. 61. 333(b) 49:1654(b). 333(c) 49:1654(c). 333(d) 49:1654(d). 333(e) 49:1654(e). ------------------------------- In the section, the word 'transportation' is substituted for 'services' for consistency. In subsection (a), the words 'feasible' and 'but not limited to' are omitted as surplus. In subsection (b), the words 'In order' are omitted as surplus. The words 'at least 2' are substituted for 'two or more' for consistency. In subsection (c)(1), the words 'as are deemed' are omitted as unnecessary. In subsection (c)(2), the words 'and the study described in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976' and 'or such section 901' are omitted as executed. The word 'nature' is omitted as covered by 'kind'. The word 'When' is substituted for 'to the extent' for consistency. The word 'necessary' is omitted as being included in 'appropriate'. A cross-reference to section 203(c) of the Regional Rail Reorganization Act of 1973 is included even though the law is unclear because section 1149 of the Omnibus Reconciliation Act of 1981 (Pub. L. 97-35, 95 Stat. 675) amended section 203 to repeal the powers referred to in the source provisions. No position is taken as to whether the powers described in section 203(c) are still in existence. In subsection (d)(1)(A), the word 'appropriate' is omitted as surplus. In subsection (d)(1)(C), the words 'representatives of' are added for consistency in the section. In subsection (e), the words 'in his judgment' are omitted as unnecessary and covered by 'decide'. The word 'satisfies' is substituted for 'is in accordance with the standards set forth in' to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT Section 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to section 713 of Title 45, Railroads, was amended generally by Pub. L. 97-35, title XI, Sec. 1149, Aug. 13, 1981, 95 Stat. 675, and as so amended does not contain a subsec. (c). For further details, see the fifth par. of Historical and Revision Notes above. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 306, 10904, 11344, 11346 of this title; title 45 section 903. ------DocID 54905 Document 72 of 1105------ -CITE- 49 USC Sec. 334 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 334. Limit on aviation charges -STATUTE- The Secretary of Transportation may impose a charge for an approval, test, authorization, certificate, permit, registration, transfer, or rating related to aviation that has not been approved by Congress only when - (1) the charge - (A) was in effect on January 1, 1973, and (B) is not more than the charge that was in effect on such date, adjusted in proportion to changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor between January 1, 1973, and the date the charge is imposed; or (2) the charge is a fee established and collected in accordance with section 313(f) of the Federal Aviation Act of 1958. However, this section does not apply to a charge for a test, authorization, certificate, permit, or rating related to an airman or repair station administered or issued outside of the United States, as defined in section 101(41) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(41)). -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100-223, title III, Sec. 304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100-690, title VII, Sec. 7207(c)(3), Nov. 18, 1988, 102 Stat. 4428.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 334 49:1341(note). Oct. 24, 1978, Pub. L. 95-504, Sec. 45(a), 92 Stat. 1753. 49:1341(note). Oct. 24, 1978, Pub. L. 95-504, 92 Stat. 1753, Sec. 45(b), (c); added Feb. 15, 1980, Pub. L. 96- 192, Sec. 28, 94 Stat. 48. ------------------------------- The words 'fee . . . or price' are omitted as included in 'charge'. -REFTEXT- REFERENCES IN TEXT Section 313(f) of the Federal Aviation Act of 1958, referred to in par. (2), is classified to section 1354(f) of the Appendix to this title. -MISC2- AMENDMENTS 1988 - Pub. L. 100-690 substituted 'only when - ' and pars. (1) and (2) for 'only when the charge (1) was in effect on January 1, 1973, and (2) is not more than the charge that was in effect on that date, adjusted in proportion to changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor between January 1, 1973, and the date the charge is imposed.' 1987 - Pub. L. 100-223 inserted before period at end of first sentence ', adjusted in proportion to changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor between January 1, 1973, and the date the charge is imposed'. 1984 - Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. LIMITATION ON APPLICABILITY OF PROVISIONS OF PUB. L. 100-690 Amendment by Pub. L. 100-690 only applicable to aircraft which are not used to provide air transportation, as defined in section 1301 of the Appendix to this title, see section 7214 of Pub. L. 100-690, set out as a note under section 1303 of the Appendix to this title. ------DocID 54906 Document 73 of 1105------ -CITE- 49 USC Sec. 335 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 335. Authorization of appropriations -STATUTE- (a) The following amounts may be appropriated to the Secretary of Transportation: (1) for necessary expenses of the Office of the Secretary (including not more than $27,000 for allocation within the Department of Transportation of official reception and representation expenses as determined by the Secretary) not more than $35,193,204 for each of the fiscal years ending September 30, 1983, and September 30, 1984. (2) for necessary expenses of carrying out transportation planning, research, and development activities, including collecting national transportation statistics, $10,486,615 for each of the fiscal years ending September 30, 1983, and September 30, 1984. (3) for necessary expenses of the Minority Business Resource Center not otherwise provided for, not more than $10,000,000 for each of the fiscal years ending September 30, 1983, and September 30, 1984, to remain available until expended. (4) for necessary expenses of carrying out the duties and powers of the Research and Special Programs Administration, not more than $32,300,000 for the fiscal year ending September 30, 1983, and $33,300,000 for the fiscal year ending September 30, 1984. (b) The Secretary may use only amounts appropriated for the Office of the Secretary that are authorized for that Office by subsection (a) of this section. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2430.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 335 49:1660. Oct. 15, 1966, Pub. L. 89-670, 80 Stat. 931, Sec. 17; added Aug. 13, 1981, Pub. L. 97-35, Sec. 1194(a), 95 Stat. 702. 49:1653(note). Aug. 13, 1981, Pub. L. 97-35, Sec. 1197, 95 Stat. 703. ------------------------------- In subsection (a), the words 'ending September 30, 1982' in 49:1660(2) are omitted as executed. In subsection (a)(1), the words 'Office of the Secretary' are substituted for 'Secretary of Transportation' in 49:1660 for clarity. In subsection (a)(4), the words 'Notwithstanding any other provision of law' are omitted as unnecessary because of the restatement. ------DocID 54907 Document 74 of 1105------ -CITE- 49 USC Sec. 336 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 336. Civil penalty procedures -STATUTE- (a) After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General. (c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (d) The Secretary may refund or remit a civil penalty collected under this section if - (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed. -SOURCE- (Added Pub. L. 101-225, title III, Sec. 305(1), Dec. 12, 1989, 103 Stat. 1924.) ------DocID 54908 Document 75 of 1105------ -CITE- 49 USC CHAPTER 5 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 -HEAD- CHAPTER 5 - SPECIAL AUTHORITY -MISC1- SUBCHAPTER I - DUTIES AND POWERS Sec. 501. Definitions and application. 502. General authority. 503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers. 504. Reports and records. 505. Arrangements and public records. 506. Authority to investigate. 507. Enforcement. SUBCHAPTER II - PENALTIES 521. Civil penalties. 522. Reporting and record keeping violations. 523. Unlawful disclosure of information. 524. Evasion of regulation of motor carriers. 525. Disobedience to subpenas. 526. General criminal penalty when specific penalty not provided. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 104 of this title. ------DocID 54909 Document 76 of 1105------ -CITE- 49 USC SUBCHAPTER I -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - DUTIES AND POWERS ------DocID 54910 Document 77 of 1105------ -CITE- 49 USC Sec. 501 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 501. Definitions and application -STATUTE- (a) In this chapter - (1) the definitions in section 10102 of this title apply. (2) 'migrant worker' has the same meaning given that term in section 3101 of this title. (3) 'motor carrier of migrant workers' means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 3102(c) of this title. (b) This chapter only applies in carrying out - (1) chapter 31 of this title; and (2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2431; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 501(a) (no source). 501(b) 45:15. Apr. 14, 1910, ch. 160, Sec. 6, 36 Stat. 299. 49:26(g). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 25(g); added Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, Sec. 14(b), 54 Stat. 919. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. ------------------------------- In the chapter, the source provisions are those in effect on March 31, 1967, the day before the effective date of the Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931), because 49:1655(f)(2) gave the Secretary of Transportation the same powers enumerated in 49:1655(f)(2) that the Interstate Commerce Commission had before certain duties and powers under 49:1655(e) were transferred on April 1, 1967, from the Commission to the Secretary. All references to brokers in the source provisions are omitted as not being applicable to the duties and powers transferred to the Secretary of Transportation. Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title. In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in chapter 31 of the revised title and 45:4, 5, 6(in carrying out 45:4 and 5), 11, 12, 13(proviso), 13(less proviso in carrying out 45:11, 12, and 13(proviso)), and 61-64b, and 49:26(a)-(f)(words before last semicolon) and (h). The administrative powers of the Secretary under the chapter are based on the administrative powers of 49:1655(f)(2). That provision lists administrative powers the Commission had under the Interstate Commerce Act (ch. 104, 24 Stat. 379) to carry out the Act, and certain other laws authorized the Commission to use its powers under the Act to carry out those other laws. The administrative powers listed in 49:1655(f)(2) and codified in the chapter therefore apply only to a law listed in 49:1655(e) that was a part of the Interstate Commerce Act or to which the powers of the Commission under the Act were applied. The text of 45:61-64b is included because section 4 of the Act of March 4, 1907 (ch. 2939, 34 Stat. 1417), stated, 'It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this Act'. The transfer to the Secretary was executed on March 31, 1967. The Act of March 4, 1907, was restated by the Act of December 26, 1969 (Pub. L. 91-169, 83 Stat. 463); section 4 was not included in the restatement. However, repeal by implication is not favored and the transfer was completed on March 31, 1967. Therefore, the text of 45:61-64b is included within the scope of the chapter. The text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. AMENDMENTS 1984 - Subsec. (b)(2). Pub. L. 98-216 substituted '49 App. U.S.C.' for '49 U.S.C.'. ------DocID 54911 Document 78 of 1105------ -CITE- 49 USC Sec. 502 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 502. General authority -STATUTE- (a) The Secretary of Transportation shall carry out this chapter. (b) The Secretary may - (1) inquire into and report on the management of the business of rail carriers and motor carriers; (2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and (3) obtain from those carriers and persons information the Secretary determines to be necessary. (c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may - (1) confer and hold joint hearings with State authorities; (2) cooperate with and use the services, records, and facilities of State authorities; and (3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation. (d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court. (e)(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both. (2) A deposition may be taken before a judge of a court of the United States, a United States magistrate, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation. (3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition. (4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent. (5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly. (f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2431.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 502 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 502(c)-(f) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 305'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 205'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 305'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 205'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 502 49 U.S. Code Revised Section --------------------------------------------------------------------- (a), (b) 12(1)(a)(1st 10321 sentence, 2d sentence, and last sentence words before 1st semicolon). 304(a)(matter before 10321 (1)), (6), (7)(less words after semicolon). (c) 305(f). 11502 (d) 12(1)(a)(last 10321 sentence words after last semicolon), (2), (3). 305(d)(related to 10321 Commission subpena power). (e)(1)-(3) 12(4). 10321 305(d)(related to 10321 depositions taken by Commission). (e)(4) and (5) 12(5), (6). 10321 305(d)(related to 10321 depositions taken by Commission). (f) 12(7). 10321 18(1)(last sentence). 10321 305(d)(related to 10321 depositions taken by Commission). ------------------------------- See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The text of 49:305(a)-(c), (e), and (g)-(j) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii). In subsection (b), the text of 49:12(1)(a)(2d sentence words after semicolon) is omitted as unnecessary because the Secretary of Transportation already has authority under chapter 3 of the revised title to make recommendations to Congress. In subsections (c)-(f), the text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. In subsection (c), the words 'economic and' are omitted as not being transferred to the Secretary. The text of 49:305(f)(last sentence) is omitted as not applicable to this chapter. In subsection (d), the reference to joint boards in 49:305(d) is omitted as not applicable to this chapter because 49:305(a)(establishing joint boards) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). -CHANGE- CHANGE OF NAME Reference to United States magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. ------DocID 54912 Document 79 of 1105------ -CITE- 49 USC Sec. 503 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers -STATUTE- (a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made. (b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary. (c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2432.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 503 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 321'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 221'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 321'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 221'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 49:1655(e)(6)(D) Oct. 15, 1966, Pub. (related to 'Sec. L. 89-670, 321(a), (c)'). Se c.6(e)(6)(D)(related to 'Sec. 221(a), (c)'), 80 Stat. 940. ------------------------------- The section is included because 49:1655(e)(6)(D) transferred to the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Commission under 49:321(a) and (c) to the extent those subsections relate to motor carriers of migrant workers and motor private carriers. The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 503 49 U.S. Code Revised Section --------------------------------------------------------------------- (a), (b) 321(a). 10329 (c) 321(c). 10330 ------------------------------- See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: In the section, the words 'motor carriers' are omitted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers of migrant workers, other than motor contract carriers, and to motor private carriers, and 49:1655(f)(2)(B)(ii) contains no reference to 49:321. The text of 49:321(b) and (d) is not included because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(e)(6)(D). In subsection (b), the text of 49:321(a)(less 1st-5th sentences) is omitted as not applicable to this chapter. ------DocID 54913 Document 80 of 1105------ -CITE- 49 USC Sec. 504 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 504. Reports and records -STATUTE- (a) In this section - (1) 'association' means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier. (2) 'carrier' means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier. (3) 'lessor' means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another. (4) 'lessor' and 'carrier' include a receiver or trustee of that lessor or carrier, respectively. (b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by - (A) carriers and lessors; and (B) a person furnishing cars or protective service against heat or cold to or for a rail carrier. (2) The Secretary may require - (A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and (B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service. (c) The Secretary, or an employee designated by the Secretary, may on demand and display of proper credentials - (1) inspect the equipment of a carrier or lessor; and (2) inspect and copy any record of - (A) a carrier, lessor, or association; (B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person's relation to, or transaction with, that carrier; and (C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record. (d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service. (e)(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report. (2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath. (f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2433.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 504 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. Sec. 204(a)(3) 320(a)(1st, 2d (last sentence) sentences), (b)- (related to 'Sec. (g)'). 220(a) (1st, 2d sentences), (b)- (g)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. Sec. 204(a)(3a) 320(a)(1st, 2d (last sentence) sentences), (b)- (related to 'Sec. (g)'). 220(a) (1st, 2d sentences), (b)- (g)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 504(f) 49:320(f). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 220(f); added Sept. 18, 1940, ch. 722, Sec. 24, 54 Stat. 926. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 504 49 U.S. Code Revised Section --------------------------------------------------------------------- (a)(1), (3), and (4) 20(8). 3501, 11141 320(e). 11141 (a)(2) (no source). (b)(1) 20(5)(1st sentence), 11144 (6)(2d sentence, 1st cl.), (7)(b)(proviso). 320(d)(1st sentence). 11144 (b)(2) 20(1)(1st sentence 11145 less manner and form of reports), (6)(2d sentence, 2d cl.). 320(a)(1st sentence). 11145 (c) 20(5)(less 1st 11144 sentence), (6)(less 2d sentence). 320(d)(3d and 4th 11144 sentences). (d) 20(7)(b)(proviso). 11144 320(d)(less 1st, 3d, 11144 and 4th sentences). (e) 20(1)(1st sentence 11145 related to manner and form of reports). 320(a)(2d sentence), 11145 (b). ------------------------------- See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The provisions of 49:320(c) are not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii). In the section, the text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. The text of 49:320(b)(related to 13-period accounting year) and (g) is not included because it was enacted after the effective date of the transfer authority under 49:1655. In subsection (a), references to 'water line' and 'pipe line' are omitted as not applicable to this chapter. Clause (2) is added to provide a simple phrase to refer to all types of carriers to which the section applies. In subsection (f), the words 'the course of the' are omitted as surplus. The words 'civil action' are substituted for 'suit or action' because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 505, 521, 522, 523, 11348 of this title. ------DocID 54914 Document 81 of 1105------ -CITE- 49 USC Sec. 505 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 505. Arrangements and public records -STATUTE- (a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding. (b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in section 504(f) of this title, in a judicial proceeding. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2434.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 505 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 505(a) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. Sec. 204(a)(3) 320(a)(less 1st, 2d (last sentence) sentences)'). (related to 'Sec. 220(a)(less 1st, 2d sentences)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. Sec. 204(a)(3a) 320(a)(less 1st, 2d (last sentence) sentences)'). (related to 'Sec. 220(a)(less 1st, 2d sentences)'); added Aug. 3, 1956, ch. 905, Sec.2, 70 Stat. 958. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 505 49 U.S. Code Revised Section --------------------------------------------------------------------- (a) 320(a)(less 1st, 2d 10764 sentences). (b) 16(13). 10303 304(d)(related to 10303 administrative matters). ------------------------------- See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: In subsection (a), the text of 49:320(a)(proviso) is not included for motor carriers of migrant workers and motor private carriers because that provision, while included in the enumeration in 49:304(a)(3) and (3a), is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 40:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. The words 'also' and 'with it' are omitted as surplus. The words 'contract, agreement, or' are omitted as covered by 'arrangement'. The words 'carrier or' are omitted as covered by 'person'. The words 'related to a matter under this chapter' are substituted for 'in relation to any traffic affected by the provisions of this chapter' for clarity because of section 501 of the revised title. Subsection (b) does not apply to reports made to the Secretary by a rail carrier because 49:16(13) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. References to schedules, classifications, and tariffs are omitted as not applicable to this chapter. The words 'Except as provided in subsection (a) of this section' are added for clarity. The words 'except as provided in section 504(f) of this title' are added for clarity and consistency because of the restatement of the chapter. ------DocID 54915 Document 82 of 1105------ -CITE- 49 USC Sec. 506 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 506. Authority to investigate -STATUTE- (a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding. (b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant. (c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2434.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 506 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 506(a), (b) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 304(c)'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 204(c)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546; Sept. 18, 1940, ch. 722, Sec. 20(b)(4), 54 Stat. 922. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 304(c)'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 204(c)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 506 49 U.S. Code Revised Section --------------------------------------------------------------------- (a) 13(1)(1st sentence 11701 less words before semicolon, last sentence), (2)(1st, 2d sentences). 304(c)(1st sentence 11701 words after 5th comma, 2d sentence). (b) 13(1)(1st sentence 11701 words before semicolon). 13(2)(less 1st, 2d 11701 sentences). 304(c)(less 1st 11701 sentence words after 5th comma, 2d sentence). (c) 14. 10310 304(d)(related to 10310 reports). ------------------------------- See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: In subsections (a) and (b), the text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. Subsection (a) is patterned after 49:304(c). The words 'violating this chapter' are substituted for 'failed to comply with any such provision or requirement' for clarity. In subsection (b), the text of 49:13(2)(last sentence) is omitted because 49:13(3) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The words 'referred to in subsection (a) of this section' are added for clarity. Subsection (c) does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) applies only to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. The word 'proceeding' is substituted for 'investigation' for clarity and to conform to other sections of the revised title. The word 'findings' is added for clarity. The word 'decision' is omitted as covered by 'conclusions'. The words 'or requirement' are omitted as covered by 'order'. The words 'in the premises' are omitted as surplus. The words 'and in case damages are awarded, such report shall include the findings of fact on which the award is made' are omitted as not applicable to this chapter. The words 'entered of record', 'and decisions in such form and manner as may be best adapted for public information and use', and 'in all courts of the United States and of the several States without any further proof or authentication thereof' are omitted as surplus. The text of 49:14(3)(last sentence) is omitted as unnecessary. ------DocID 54916 Document 83 of 1105------ -CITE- 49 USC Sec. 507 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 507. Enforcement -STATUTE- (a) The Secretary of Transportation may bring a civil action to enforce - (1) an order of the Secretary under this chapter when violated by a rail carrier; and (2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder. (b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary. (c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of section 3102 of this title or the Motor Carrier Safety Act of 1984, or an order or regulation issued under such section or Act. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages. (d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection. (e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier - (1) trial is in the judicial district in which the carrier operates; (2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and (3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98-554, title II, Sec. 213(a), Oct. 30, 1984, 98 Stat. 2841.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 507 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 507(a), (d) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(b)'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 222(b)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(b)'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 222(b)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 507 49 U.S. Code Revised Section --------------------------------------------------------------------- (a) 16(12)(related to 11702 Commission action). 322(b)(1)(less 1st 11702 sentence last 18 words, 2d sentence, last sentence). 1017(b)(1)(related 11702 to Commission action). (b) 12(1)(a)(last 11703 sentence less words before 1st semicolon and after last semicolon). 16(12)(related to 11703 action by the Attorney General). 20(9). 11703 (c) 16(12)(related to 11705 action by private person). 1017(b)(1)(related 11703 to action by the Attorney General). (d) 322(b)(1)(1st 11702 sentence last 18 words, 2d sentence, last sentence). 1017(b)(1)(related 11705 to action by private person). ------------------------------- See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: In the section, the text of 49:322(b)(2) and (3) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii). In subsections (a) and (d), the text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. In subsection (a), the words 'or of any term or condition of any certificate or permit' are omitted as not applicable to this chapter. In subsection (a)(1), reference to a civil action to enforce an order for the payment of money is omitted as not applicable to this chapter. -REFTEXT- REFERENCES IN TEXT The Motor Carrier Safety Act of 1984, referred to in subsec. (c), is title II of Pub. L. 98-554, Oct. 30, 1984, 98 Stat. 2832, which is classified generally to chapter 34 (Sec. 2501 et seq.) of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of the Appendix to this title and Tables. -MISC2- AMENDMENTS 1984 - Subsecs. (c) to (e). Pub. L. 98-554 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. ------DocID 54917 Document 84 of 1105------ -CITE- 49 USC SUBCHAPTER II -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - PENALTIES ------DocID 54918 Document 85 of 1105------ -CITE- 49 USC Sec. 521 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 521. Civil penalties -STATUTE- (a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation. (2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(1) of this title, is liable to the Government for a civil penalty of $100 for each violation. (3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation. (4) A separate violation occurs for each day a violation under this subsection continues. (5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs. (b)(1)(A) If the Secretary finds that a violation of section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986, or a violation of a regulation issued under such sections or Act, has occurred, the Secretary shall issue a written notice to the violator. Such notice shall describe with reasonable particularity the nature of the violation found and the provision which has been violated. The notice shall fix a reasonable time for abatement of the violation, specify the proposed civil penalty, if any, and suggest actions which might be taken in order to abate the violation. The notice shall indicate that the violator may, within 15 days of service, notify the Secretary of the violator's intention to contest the matter. In the event of a contested notice, the Secretary shall afford such violator an opportunity for a hearing, pursuant to section 554 of title 5, following which the Secretary shall issue an order affirming, modifying, or vacating the notice of violation. (B) The Secretary shall, not later than 60 days after the date of enactment of this subparagraph, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall - (i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers' medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and (ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious. (2) Civil Penalty. - (A) In general. - Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of a recordkeeping requirement issued by the Secretary pursuant to section 3102 of this title or the Motor Carrier Safety Act of 1984 shall be liable to the United States for a civil penalty not to exceed $500 for each offense. Each day of a violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If the Secretary determines that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, the Secretary may assess a civil penalty not to exceed $1,000 for each offense; except that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If the Secretary determines that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, the Secretary may assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (other than subparagraph (B)), except for recordkeeping violations, no civil penalty shall be assessed under this section against an employee for a violation unless the Secretary determines that such employee's actions constituted gross negligence or reckless disregard for safety, in which case such employee shall be liable for a civil penalty not to exceed $1,000. (B) Violations pertaining to cdls. - Any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986 shall be liable to the United States for a civil penalty not to exceed $2,500 for each offense. (C) Determination of amount. - The amount of any civil penalty, and a reasonable time for abatement of the violation, shall by written order be determined by the Secretary, taking into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. In each case, the assessment shall be calculated to induce further compliance. (3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of such notice in such place or places and for such duration as the Secretary may determine appropriate to aid in the enforcement of section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986, as the case may be. (4) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary. (5)(A) If, upon inspection or investigation, the Secretary determines that a violation of section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986 or a regulation issued under such sections or Act, or combination of such violations, poses an imminent hazard to safety, the Secretary shall order a vehicle or employee operating such vehicle out of service, or order an employer to cease all or part of the employer's commercial motor vehicle operations. In making any such order, the Secretary shall impose no restriction on any employee or employer beyond that required to abate the hazard. Subsequent to the issuance of the order, opportunity for review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order. (B) In this paragraph, 'imminent hazard' means any condition of vehicle, employee, or commercial motor vehicle operations which is likely to result in serious injury or death if not discontinued immediately. (6) Criminal Penalties. - (A) In general. - Any person who knowingly and willfully violates any provision of section 3102 of this title, the Motor Carrier Safety Act of 1984, or a regulation issued under such section or Act shall, upon conviction, be subject for each offense to a fine not to exceed $25,000 or imprisonment for a term not to exceed one year, or both, except that, if such violator is an employee, the violator shall only be subject to penalty if, while operating a commercial motor vehicle, the violator's activities have led or could have led to death or serious injury, in which case the violator shall be liable, upon conviction, to (FOOTNOTE 1) a fine not to exceed $2,500. (FOOTNOTE 1) So in original. Probably should be 'for'. (B) Violations pertaining to cdls. - Any person who knowingly and willfully violates - (i) any provision of section 12002, 12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986 or a regulation issued under such section, or (ii) with respect to notification of a serious traffic violation as defined under section 12019 of such Act, any provision of section 12003(a) of such Act or a regulation issued under such section 12003(a), shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both. (7) The Secretary shall issue regulations establishing penalty schedules designed to induce timely compliance for persons failing to comply promptly with the requirements set forth in any notices and orders under this subsection. (8) Any aggrieved person who, after a hearing, is adversely affected by a final order issued under this section may, within 30 days, petition for review of the order in the United States Court of Appeals in the circuit wherein the violation is alleged to have occurred or where the violator has his principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order shall be based on a determination of whether the Secretary's findings and conclusions were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urged before the Secretary shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. (9) All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account). (10) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought. (11) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (12) The provisions of this subsection shall not affect any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1812) or any regulation promulgated by the Secretary under such Act. (13) As used in this subsection, the terms 'commercial motor vehicle', 'employee', 'employer', and 'State' have the meaning such terms have under section 204 of the Motor Carrier Safety Act of 1984. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98-554, title II, Sec. 213(b), Oct. 30, 1984, 98 Stat. 2842; Pub. L. 99-570, title XII, Sec. 12012, Oct. 27, 1986, 100 Stat. 3207-184; Pub. L. 101-500, Sec. 15(e)(2), Nov. 3, 1990, 104 Stat. 1220.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 521 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 521 49 U.S. Code Revised Section --------------------------------------------------------------------- (a) 20(7)(a), (c)-(e). 11901 (b) 322(h). 11901 ------------------------------- See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: In subsection (a)(3), the words 'against heat and cold' are inserted for consistency with sections 11105 and 11901 of the revised title. Subsection (b) does not apply to motor carrriers of migrant workers and motor private carriers because 49:322(h)(1st sentence) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(h)(1st sentence) to motor carriers of migrant workers and motor private carriers. The reference to 49:303(c), 306(a)(1), and 309(a)(1) is omitted as not applicable to this chapter. -REFTEXT- REFERENCES IN TEXT The Motor Carrier Safety Act of 1984, referred to in subsec. (b), is title II of Pub. L. 98-554, Oct. 30, 1984, 98 Stat. 2832, which is classified generally to chapter 34 (Sec. 2501 et seq.) of the Appendix to this title. Section 204 of that Act is classified to section 2503 of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of the Appendix to this title and Tables. Sections 12002, 12003, 12004, 12005, 12008, and 12019 of the Commercial Motor Vehicle Safety Act of 1986, referred to in subsec. (b)(1)(A), (2)(B), (3), (5)(A), and (6)(B), are classified, respectively, to sections 2701, 2702, 2703, 2704, 2707, and 2716 of the Appendix to this title. The date of enactment of this subparagraph, referred to in subsec. (b)(1)(B), means the date of enactment of Pub. L. 101-500, which was approved Nov. 3, 1990. The Federal Rules of Criminal Procedure, referred to in subsec. (b)(11), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The Hazardous Materials Transportation Act, referred to in subsec. (b)(12), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as amended, which is classified principally to chapter 27 (Sec. 1801 et seq.) of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of the Appendix to this title and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-500 designated existing provisions as subpar. (A) and added subpar. (B). 1986 - Subsec. (b)(1). Pub. L. 99-570, Sec. 12012(a), inserted 'or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986' after 'the Motor Carrier Safety Act of 1984' and substituted 'such sections' for 'such section'. Subsec. (b)(2). Pub. L. 99-570, Sec. 12012(b), (f)(1), inserted heading, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B). Subsec. (b)(3). Pub. L. 99-570, Sec. 12012(c), inserted 'or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986' after 'the Motor Carrier Safety Act of 1984'. Subsec. (b)(5)(A). Pub. L. 99-570, Sec. 12012(d), inserted 'or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986' after 'the Motor Carrier Safety Act of 1984' and substituted 'such sections' for 'such section'. Subsec. (b)(6). Pub. L. 99-570, Sec. 12012(e), (f)(2), (g)(1), inserted heading, designated existing provisions as subpar. (A) with corresponding heading, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted 'to a fine' for 'for a fine' in two places. Subsec. (b)(13). Pub. L. 99-570, Sec. 12012(g)(2), substituted 'section 204' for 'section 4'. 1984 - Subsec. (b)(1). Pub. L. 98-554 substituted provisions relating to notice to violators and opportunity for hearings for former provisions which set forth penalties for failure to make reports and keep records. Subsec. (b)(2). Pub. L. 98-554 substituted provisions setting forth amount of civil penalties for former provisions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions. Subsec. (b)(3) to (13). Pub. L. 98-554 added pars. (3) to (13). REPORT; PENALTIES; EFFECTIVENESS Section 213(d) of Pub. L. 98-554 provided that: 'The Secretary shall conduct a study of the effectiveness of the civil and criminal penalties established by the amendments made by this section in deterring violations of the commercial motor vehicle safety regulations issued under this title and in effectively prosecuting such violations when they occur. Such study shall examine the effectiveness of penalties in effect before the date of enactment of this Act (Oct. 30, 1984) in comparison to the penalties established by the amendments made by by (sic) this title. Such study shall also investigate the need for, and make recommendations concerning, increased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety regulations. The Secretary shall submit to Congress a report on the findings of this study, together with legislative recommendations, not later than 2 years after the date of enactment of this Act.' ------DocID 54919 Document 86 of 1105------ -CITE- 49 USC Sec. 522 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 522. Reporting and record keeping violations -STATUTE- (a) A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, mutilates, changes, or by another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (b) A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Secretary, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be fined not more than $5,000. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2436.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 522 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 522(b) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(g)'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 222(g)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(g)'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 222(g)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 522 49 U.S. Code Revised Section --------------------------------------------------------------------- (a) 20(7)(b)(less 11909 proviso). (b) 322(g). 11909 ------------------------------- See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. ------DocID 54920 Document 87 of 1105------ -CITE- 49 USC Sec. 523 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 523. Unlawful disclosure of information -STATUTE- (a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee. (b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information - (1) in response to legal process issued under authority of a court of the United States or a State; (2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and (3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business. (c) An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2436.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 523 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. 523(b) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(f)'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 222(d), (f)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(f)'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 222(d), (f)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 523(c) 49:304(a)(3)(last sentence)(related to 'Sec. 322(d)'). 49:304(a)(3a)(last sentence)(related to 'Sec. 322(d)'). ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 523 49 U.S. Code Revised Section --------------------------------------------------------------------- (a) 322(e). 11910 (b) 322(f). 11910 (c) 20(7)(f). 11910 322(d). 11910 ------------------------------- See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: Subsection (a) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of migrant workers and motor private carriers. The words 'engaged in interstate or foreign commerce' are omitted as unnecessary because of the restatement of the chapter. In subsections (b) and (c), the text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. ------DocID 54921 Document 88 of 1105------ -CITE- 49 USC Sec. 524 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 524. Evasion of regulation of motor carriers -STATUTE- A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade regulation of motor carriers under this chapter shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2437.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 524 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 524 49 U.S. Code Revised Section --------------------------------------------------------------------- 322(c)(related to 11906 evasion of regulation). ------------------------------- See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The section does not apply to motor carriers of migrant workers and motor private carriers because 49:322(c)(related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c)(related to evasion of regulation) to motor carriers of migrant workers and motor private carriers. ------DocID 54922 Document 89 of 1105------ -CITE- 49 USC Sec. 525 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 525. Disobedience to subpenas -STATUTE- A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2437.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 525 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat., 379, to 'Sec. Sec. 204(a)(3) 305(d)(related to (last sentence) liability)'). (related to 'Sec. 205(d)(related to liability)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. Sec. 204(a)(3a) 305(d)(related to (last sentence) liability)'). (related to 'Sec. 205(d)(related to liability)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 525 49 U.S. Code Revised Section --------------------------------------------------------------------- 305(d)(related to 11913 liability). ------------------------------- See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. The words 'under this chapter' are added for clarity. ------DocID 54923 Document 90 of 1105------ -CITE- 49 USC Sec. 526 -EXPCITE- TITLE 49 SUBTITLE I CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 526. General criminal penalty when specific penalty not provided -STATUTE- When another criminal penalty is not provided under this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98-554, title II, Sec. 213(c), Oct. 30, 1984, 98 Stat. 2844.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 526 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(a)'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 222(a)'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 322(a)'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 222(a)'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 49:1655(f)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(f)(2), 80 Stat. 940. ------------------------------- The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows: --------------------------------------------------------------------- Section 526 49 U.S. Code Revised Section --------------------------------------------------------------------- 322(a). 11914 ------------------------------- See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows: The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3)(last sentence 1st-7th words) and (3a)(last sentence 1st-5th words) is omitted as executed. -REFTEXT- REFERENCES IN TEXT The Motor Carrier Safety Act of 1984, referred to in text, is title II of Pub. L. 98-554, Oct. 30, 1984, 98 Stat. 2832, which is classified generally to chapter 34 (Sec. 2501 et seq.) of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of the Appendix to this title and Tables. -MISC2- AMENDMENTS 1984 - Pub. L. 98-554 inserted ', section 3102 of this title, or the Motor Carrier Safety Act of 1984' after 'chapter' the first place it appears and inserted 'or such section or Act' after 'chapter' the second and third places it appears. ------DocID 54924 Document 91 of 1105------ -CITE- 49 USC SUBTITLE II -EXPCITE- TITLE 49 SUBTITLE II -HEAD- SUBTITLE II - TRANSPORTATION PROGRAMS -MISC1- PART A - (RESERVED - REGIONAL RAIL REORGANIZATION) PART B - (RESERVED - OTHER RAIL PROGRAMS) PART C - MOTOR VEHICLES Chap. Sec. 31. Motor Carrier Safety 3101 PART D - (RESERVED - AVIATION) PART E - (RESERVED - AVIATION FACILITIES AND NOISE ABATEMENT) PART F - (RESERVED - MISCELLANEOUS) ------DocID 54925 Document 92 of 1105------ -CITE- 49 USC (PARTS A AND B -EXPCITE- TITLE 49 SUBTITLE II (PARTS A AND B -HEAD- (PARTS A AND B - RESERVED) ------DocID 54926 Document 93 of 1105------ -CITE- 49 USC PART C -EXPCITE- TITLE 49 SUBTITLE II PART C -HEAD- PART C - MOTOR VEHICLES ------DocID 54927 Document 94 of 1105------ -CITE- 49 USC CHAPTER 31 -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 -HEAD- CHAPTER 31 - MOTOR CARRIER SAFETY -MISC1- Sec. 3101. Definitions. 3102. Requirements for qualifications, hours of service, safety, and equipment standards. 3103. Research, investigation, and testing. 3104. Identification of motor vehicles. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 104, 302, 501 of this title. ------DocID 54928 Document 95 of 1105------ -CITE- 49 USC Sec. 3101 -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 -HEAD- Sec. 3101. Definitions -STATUTE- In this chapter - (1) 'migrant worker' means an individual going to or from employment in agriculture as defined in section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)). (2) 'motor carrier', 'motor common carrier', 'motor private carrier', 'motor vehicle', and 'United States' have the same meanings given those terms in section 10102 of this title. (3) 'motor carrier of migrant workers' means a person (except a motor common carrier) providing transportation referred to in section 10521(a) of this title by a motor vehicle (except a passenger automobile or station wagon) for at least 3 migrant workers at a time to or from their employment, but the term does not include a migrant worker providing transportation for migrant workers and their immediate families. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2438; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3101(1) 49:303(a)(23). Feb. 4, 1887, ch. 104, 24 Stat. 397, Sec. 203(a)(22), (23); added Aug. 3, 1956, ch. 905, Sec. 1, 70 Stat. 958. 3101(2) (no source). 3101(3) 49:303(a)(22). ------------------------------- In clause (1), the words 'going to or from' are substituted for 'proceeding to or returning from' for clarity. Clause (2) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the quoted definitions are found in the revision notes for section 10102 of the revised title. In clause (3), the words 'including any 'contract common carrier by motor vehicle' ' are omitted as covered by the definition of 'motor carrier'. The words 'referred to in section 10521(a) of this title' are substituted for 'in interstate or foreign commerce' for clarity and consistency in the revised title. The word 'except' is substituted for 'but not including' for clarity. The words 'at least' are substituted for 'or more', and the words 'but the term does not include' are substituted for 'except', for consistency. AMENDMENTS 1986 - Par. (1). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 501 of this title. ------DocID 54929 Document 96 of 1105------ -CITE- 49 USC Sec. 3102 -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 -HEAD- Sec. 3102. Requirements for qualifications, hours of service, safety, and equipment standards -STATUTE- (a) This section applies to transportation - (1) described in sections 10521 and 10522 of this title; and (2) to the extent the transportation is in the United States and is between places in a foreign country, or between a place in a foreign country and a place in another foreign country. (b) The Secretary of Transportation may prescribe requirements for - (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation. (c) The Secretary may prescribe requirements for the comfort of passengers, qualifications and maximum hours of service of operators, and safety of operation and equipment of a motor carrier of migrant workers. The requirements only apply to a carrier transporting a migrant worker - (1) at least 75 miles; and (2) across the boundary of a State, territory, or possession of the United States. (d) Before prescribing or revising any requirement under this section, the Secretary shall consider the costs and benefits of such requirement. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2438; Pub. L. 98-554, title II, Sec. 206(h), Oct. 30, 1984, 98 Stat. 2835.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3102(a) (no source). 3102(b)(1) 49:304(a)(1)-(2) Feb. 4, 1887, ch. (related to 104, 24 Stat. 379, qualifications, Sec. 204(a)(1)- hours of service, (2)(related to and safety). qualifications, hours of service, and safety), (3)(1st sentence); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 3102(b)(2) 49:304(a)(3)(1st sentence). 49:1655(e)(6)(C). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(6)(C), 80 Stat. 939. 3102(c) 49:304(a)(3a)(1st Feb. 4, 1887, ch. sentence). 104, 24 Stat. 379, Sec. 204(a)(3a)(1st sentence); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 49:1655(e)(6)(C). ------------------------------- Throughout the chapter, the words 'Secretary of Transportation' are substituted for 'Interstate Commerce Commission' because 49:1655(e)(6)(B)-(D) transferred the authority of the Interstate Commerce Commission under the provisions restated in this chapter to the Secretary of Transportation. Subsection (a) is included to maintain the jurisdictional scope of the source provisions from which subsections (b) and (c) of the revised section are taken. Subsections (b) and (c) are based on 49:304 which, as part of 49:ch. 8, is now restated as subchapter II of chapter 105 of the revised title. In addition, 49:303(a)(11)(last sentence) extended the jurisidictional scope of 49:304 as provided in subsection (a) of the revised section. In subsection (b), before clause (1), the words 'and to that end' are omitted as surplus. The word 'prescribe' is substituted for 'establish' for consistency. The word 'reasonable' is omitted as surplus. In subsection (b)(1), the words 'as provided in this chapter' are omitted as unnecessary because of the restatement. The term 'motor carrier' is substituted for 'common carriers by motor vehicle' and 'contract carriers by motor vehicle' because they are inclusive. In subsection (b)(2), the words 'when needed' are substituted for 'if need therefor is found' to eliminate unnecessary words. In subsection (c), the word 'prescribe' is substituted for 'establish' for consistency. The word 'reasonable' is omitted as surplus. The words 'for a total distance of' are omitted as unnecessary because of the restatement. The words 'at least' are substituted for 'more than' for consistency. The word 'line' is omitted as surplus. The words 'possession of the United States' are added for consistency in the revised title. The words 'a foreign country' and 'the District of Columbia' are omitted as unnecessary because a carrier crossing the boundary of a foreign country or the District of Columbia into or from the United States would necessarily cross the boundary of a State and be covered by the provision related to a State. AMENDMENTS 1984 - Subsec. (d). Pub. L. 98-554 added subsec. (d). SAVINGS PROVISION Pub. L. 100-690, title IX, Sec. 9102(c), Nov. 18, 1988, 102 Stat. 4529, provided that: 'The amendment made by subsection (a) (amending section 2505 of the Appendix to this title) shall not be construed as having any effect on the enactment of subsection (d) of section 3102 of title 49, United States Code, which subsection (d) was added to such section by section 206(h) of the Motor Carrier Safety Act of 1984 (Pub. L. 98-554) on October 30, 1984.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 507, 521, 526, 3104 of this title; title 29 sections 213, 1841. ------DocID 54930 Document 97 of 1105------ -CITE- 49 USC Sec. 3103 -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 -HEAD- Sec. 3103. Research, investigation, and testing -STATUTE- (a) The Secretary of Transportation may investigate and report on the need for Federal regulation of sizes, weight, and combinations of motor vehicles and qualifications and maximum hours of service of employees of a motor carrier subject to subchapter II of chapter 105 of this title and a motor private carrier. The Secretary shall use the services of each department, agency, or instrumentality of the United States Government and each organization of motor carriers having special knowledge of a matter being investigated. (b) In carrying out this chapter, the Secretary may use the services of a department, agency, or instrumentality of the Government having special knowledge about safety, to conduct scientific and technical research, investigation, and testing when necessary to promote safety of operation and equipment of motor vehicles. The Secretary may reimburse the department, agency, or instrumentality for the services provided. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3103(a) 49:325. Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 226; added Aug. 9, 1935, ch. 498, 49 Stat. 566; Sept. 18, 1940, ch. 722, Sec. 26(b), 54 Stat. 929. 49:1655(e)(6)(B). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(6)(B), (C), 80 Stat. 939. 3103(b) 49:304(a)(5). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 204(a)(5); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:1655(e)(6)(C). ------------------------------- In subsection (a), the words 'subject to subchapter II of chapter 105 of this title' are added for clarity. The word 'services' is substituted for 'assistance' for consistency. The words 'department, agency, or instrumentality of the United States Government' are substituted for 'departments or bureaus of the Government' for consistency. In subsection (b), the words 'In carrying out this chapter' are substituted for 'For the purpose of carrying out the provisions pertaining to safety' to eliminate unnecessary words. The words 'department . . . or instrumentality' are added for consistency. The word 'reimburse' is substituted for 'transfer . . . such funds' for consistency. The words 'as may be necessary and available to make this provision effective' are omitted as unnecessary because of the restatement. ------DocID 54931 Document 98 of 1105------ -CITE- 49 USC Sec. 3104 -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 -HEAD- Sec. 3104. Identification of motor vehicles -STATUTE- (a) The Secretary of Transportation may - (1) issue and require the display of an identification plate on a motor vehicle used in transportation provided by a motor private carrier and a motor carrier of migrant workers subject to section 3102(c) of this title (except a motor contract carrier); and (2) require each of those motor private carriers and motor carriers of migrant workers to pay the reasonable cost of the plate. (b) A motor private carrier or a motor carrier of migrant workers may use an identification plate only as authorized by the Secretary. -SOURCE- (Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2439.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 3104(a) 49:304(a)(3)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 324'). Sec. 204(a)(3) (last sentence) (related to 'Sec. 224'); added Aug. 9, 1935, ch. 498, 49 Stat. 546. 49:304(a)(3a)(last Feb. 4, 1887, ch. sentence)(related 104, 24 Stat. 379, to 'Sec. 324'). Sec. 204(a)(3a) (last sentence) (related to 'Sec. 224'); added Aug. 3, 1956, ch. 905, Sec. 2, 70 Stat. 958. 49:1655(e)(6)(D) Oct. 15, 1966, Pub. (related to 'Sec. L. 89-670, Sec. 324'). 6(e)(6)(D) (related to 'Sec. 224'), 80 Stat. 940. 3104(b) 49:304(a)(3)(last sentence)(related to 'Sec. 324'). 49:304(a)(3a)(last sentence)(related to 'Sec. 324'). 49:l655(e)(6)(D) (related to 'Sec. 324'). ------------------------------- The section is included to reflect the text of former 49:324(related to motor private carriers and motor carriers of migrant workers) which is incorporated in the revised title by cross-reference. ------DocID 54932 Document 99 of 1105------ -CITE- 49 USC (PARTS D-F -EXPCITE- TITLE 49 SUBTITLE II CHAPTER 31 (PARTS D-F -HEAD- (PARTS D-F - RESERVED) ------DocID 54933 Document 100 of 1105------ -CITE- 49 USC SUBTITLE III -EXPCITE- TITLE 49 SUBTITLE III -HEAD- SUBTITLE III - (RESERVED - AIR TRANSPORTATION) ------DocID 54934 Document 101 of 1105------ -CITE- 49 USC SUBTITLE IV -EXPCITE- TITLE 49 SUBTITLE IV -HEAD- SUBTITLE IV - INTERSTATE COMMERCE -MISC1- Chap. Sec. 101. General Provisions 10101 103. Interstate Commerce Commission 10301 105. Jurisdiction 10501 107. Rates, Tariffs, and Valuations 10701 109. Licensing 10901 111. Operations of Carriers 11101 113. Finance 11301 115. Federal-State Relations 11501 117. Enforcement: Investigations, Rights, and Remedies 11701 119. Civil and Criminal Penalties 11901 -SECREF- SUBTITLE REFERRED TO IN OTHER SECTIONS This subtitle is referred to in section 521 of this title; sections 1382, 1483, 1655 of Appendix to this title; title 7 section 225; title 11 sections 1166, 1169; title 15 sections 19, 21, 26, 44, 1681s, 1691c, 1692l; title 16 section 813; title 18 section 2341; title 28 sections 2321, 2323; title 29 section 1841; title 33 section 1507; title 42 sections 4916, 4917, 7155; title 45 sections 65, 151, 157, 546a, 561, 587, 741, 744, 791, 793, 854, 884, 912, 1007, 1103, 1104, 1112; title 46 App. section 884; title 47 section 601; title 48 section 751. ------DocID 54935 Document 102 of 1105------ -CITE- 49 USC CHAPTER 101 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 101 -HEAD- CHAPTER 101 - GENERAL PROVISIONS -MISC1- Sec. 10101. Transportation policy. 10101a. Rail transportation policy. 10102. Definitions. 10103. Remedies as cumulative. AMENDMENTS 1980 - Pub. L. 96-448, title I, Sec. 101(c), Oct. 14, 1980, 94 Stat. 1898, added item 10101a. ------DocID 54936 Document 103 of 1105------ -CITE- 49 USC Sec. 10101 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 101 -HEAD- Sec. 10101. Transportation policy -STATUTE- (a) Except where policy has an impact on rail carriers, in which case the principles of section 10101a of this title shall govern, to ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the United States Postal Service and national defense, it is the policy of the United States Government to provide for the impartial regulation of the modes of transportation subject to this subtitle, and - (1) in regulating those modes - (A) to recognize and preserve the inherent advantage of each mode of transportation; (B) to promote safe, adequate, economical, and efficient transportation; (C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers; (D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices; (E) to cooperate with each State and the officials of each State on transportation matters; and (F) to encourage fair wages and working conditions in the transportation industry; (2) in regulating transportation by motor carrier, to promote competitive and efficient transportation services in order to (A) meet the needs of shippers, receivers, passengers, and consumers; (B) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public; (C) allow the most productive use of equipment and energy resources; (D) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions; (E) provide and maintain service to small communities and small shippers and intrastate bus services; (F) provide and maintain commuter bus operations; (G) improve and maintain a sound, safe, and competitive privately owned motor carrier system; (H) promote greater participation by minorities in the motor carrier system; and (I) promote intermodal transportation; and (3) in regulating transportation by motor carrier of passengers (A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this subtitle; (B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this subtitle; and (C) to ensure that Federal reform initiatives enacted by the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions. (b) This subtitle shall be administered and enforced to carry out the policy of this section. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96-296, Sec. 4, July 1, 1980, 94 Stat. 793; Pub. L. 96-448, title I, Sec. 101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97-261, Sec. 5, Sept. 20, 1982, 96 Stat. 1103.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10101 49:1 (note). Feb. 4, 1887, ch. 104, 24 Stat. 379; added Sept. 18, 1940, ch. 722, Sec. 1 (2d unnumbered par.), 54 Stat. 899. ------------------------------- In the introductory matter before clause (1) of subsection (a), the words 'To ensure' are substituted for 'all to the end of' for clarity. The words 'by water, highway, and rail, as well as other means' are omitted as unnecessary. The words 'that meets' are substituted for 'adequate to meet' for clarity. The words 'transportation needs of the United States' are substituted for 'the needs of the commerce of the United States' for clarity. The words 'including the' are inserted for clarity. The words 'United States Postal Service' are substituted for 'Postal Service' to reflect the complete name of the Government agency. The words 'it is the policy of the United States Government' are substituted for 'It is hereby declared to be the national transportation policy of the Congress' for clarity since the policy has been enacted into law. The words 'fair and' are omitted to eliminate redundancy. The words 'subject to this subtitle' are substituted for 'subject to the provisions of this act' for clarity and to conform to the revised title. In subsection (a)(2), the words 'efficient transportation' are substituted for 'efficient service' for clarity and consistency in view of the definition of 'transportation' in section 10102 of the revised title. In subsection (a)(3), the words 'encourage sound' are substituted for 'foster sound' for clarity. The words 'including sound economic conditions among carriers' are substituted for 'and among the several carriers' for clarity. In subsection (a)(4), the word 'rates' is substituted for 'charges' for clarity and consistency. The words 'unreasonable discrimination' are substituted for 'unjust discriminations, undue preferences or advantages' for clarity, consistency, and to conform to modern usage. See the note after the revision note for subsection (b). In subsection (a)(5), the words 'officials of each State' are substituted for 'duly authorized official thereof' for clarity. In subsection (a)(6), the words 'in the transportation industry' are inserted for clarity. In subsection (b), the words 'with a view' and 'the above declaration' are omitted as unnecessary. The word 'subtitle' is substituted for 'Act' to conform to the revised title. CLARIFICATION OF USE OF 'REASONABLE' AND 'DISCRIMINATION' Throughout the bill, the term 'reasonable' is substituted for 'just and reasonable' and 'discrimination' is substituted for 'preference', 'prejudice', 'advantage', and 'disadvantage' for clarity, consistency, and to conform to modern usage. See Missouri, Kansas & Texas Railway Co. v. Harriman, 227 U.S. 657, 1913; United States v. P. Koenig Coal Co., 270 U.S. 512, 1926; Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co., 284 U.S. 370, 1932; Union Pacific R. Co. v. United States, 313 U.S. 450, 1941; Federal Power Commission v. Natural Gas Pipeline Co., 315 U.S. 575, 1942; Federal Power Commission v. Hope Natural Gas Co., 320 U.S. 591, 1944; United States ex rel. Morris v. Delaware, L. & W.R. Co., 40 F. 101, Cir. Ct. N.Y., 1889. The change does not affect the substantive law. The words for which the substitutions are made are used inconsistently throughout the Interstate Commerce Act and related laws and are often used in series with other synonymous words. As the editors of the U.S. Code Service point out in an explanatory note to section 2 of title 49: Explanatory note. - In using the annotations following, it must be borne in mind that the words 'unjust discrimination' (the term employed in this section) and 'preference and prejudice' (the terms employed in Sec. 3(1) of this title) have been used in innumerable instances by the courts and by the commission as interchangeable. The Elkins Act (Sec. 41-43 of this title) employs the word 'discrimination' without the qualifying adjective 'unjust.' It is impossible in the great majority of cases to determine from the opinions whether this section, or Sec. 3(1) of this title, or the Elkins Act (Sec. 41-43 of this title) was the basis of the decision, because of the use of the terms interchangeably, or the use of 'unjust discrimination' as covering violations of Sec. 3(1) of this title, or the omission to specify the particular provision of law under immediate consideration, or because both this section and Sec. 3(1) of this title, may have been pleaded and referred to as the basis of the decision. There is some similar confusion in the cases between this section and the provisions of Sec. 1(5) of this title, requiring all rates to be just and reasonable, and Sec. 1(6) of this title, requiring just and reasonable classifications, and transportation regulations and practices. While the amendments made to the Interstate Commerce Act by Public Law 94-210 continued the use of the multiple synonyms, that continuation is not significant since those amendments did not restate the entire act. Should a question ever arise concerning this change, section 3 of the bill would require the legal conclusion that no change in substance was intended. The following table identifies those sections of the Interstate Commerce Act that use the terms discussed in this note. --------------------------------------------------------------------- Interstate Commerce Act section Words used --------------------------------------------------------------------- Before Sec. 1 'reasonable charges', 'unjust discriminations', 'undue preferences or advantages', 'unfair or destructive competitive practices'. 1(4) 'reasonable through routes', 'just and reasonable rates, fares, charges, and classifications', 'reasonable facilities', 'just, reasonable, and equitable divisions (of joint rates, fares, or charges)'. 1(5)(a) 'unduly prefer or prejudice', 'just and reasonable (charges)', 'unjust and unreasonable charge'. 1(5)(b) 'just and reasonable (rates)', 'unjust or unreasonable (rates)'. 1(6) 'just and reasonable classifications of property', 'just and reasonable regulations and practices', 'just and reasonable terms', 'unjust and unreasonable classification, regulation, and practice'. 1(9) 'without discrimination'. 1(11) 'just and reasonable rules, regulations, and practices with respect to car service', 'unjust and unreasonable'. 1(12) 'just and reasonable distribution of cars', 'just and reasonable ratings', 'justness and reasonableness of, or discrimination or preference or prejudice or advantage or disadvantage in, the distribution of cars'. 1(15) 'just and reasonable directions', 'just and reasonable' terms of compensation. 1(16)(a) 'just and reasonable directions'. 1(17)(a) 'just and reasonable freight and passenger service'. 2 'unjust discrimination'. 3(1) 'undue or unreasonable preference or advantage', 'undue or unreasonable prejudice or disadvantage'. 3(2) 'unjust discrimination'. 3(4) 'reasonable, proper, and equal facilities for the interchange of traffic', 'shall not discriminate in their rates, fares, and charges between connecting lines', 'unduly prejudice'. 3(5) 'just and reasonable' terms of compensation. 4(1) 'reasonably compensatory'. 5(2)(b) 'just and reasonable' modifications. 10(1) 'unlawful discrimination in rates, fares, or charges'. 10(4) 'discriminate unjustly', 'unjust discrimination'. 12(1)(b) 'undue burden' on a person, class of persons, or interstate or foreign commerce. 13(4) 'undue or unreasonable advantage, preference, or prejudice', 'undue, unreasonable, or unjust discrimination against, or undue burden on, interstate or foreign commerce'. 15(1) 'unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial', 'just and reasonable . . . rate, fare, or charge', 'just, fair, and reasonable (classification, regulation, or practice)'. 15(6)(a) 'unjust, unreasonable, inequitable, or unduly preferential or prejudicial (division of joint rates, fares, or charges)', 'just, reasonable, and equitable divisions'. 15(7) 'lawfulness of such rate, fare, charge, classification, regulation, or practice', rates or charges 'not justified', 'just and reasonable'. 15(8)(a) 'lawfulness' of such rate, fare, charge, classification, regulation, or practice. 15(8)(b) rate 'exceeds a just and reasonable level'. 15(8)(d) 'unlawful' rate increase or decrease. 15(8)(e) 'lawful' rate, fare, or charge decrease. 15(8)(f) 'just and reasonable' changed rate, fare, charge, classification, rule, or regulation. 15(9) 'unreasonably high' rate, 'lawfulness', 'just or reasonable' maximum increased rate. 15(15) 'just and reasonable (charge and allowance)', 'reasonable (maximum) charge'. 15(19) 'unlawful (schedule)'. 15a(2) 'just and reasonable rates'. 15a(3) 'a reasonable minimum rate'. 15a(4) 'fair, reasonable, and economic profit or return (or both)'. 16(5) 'lawfulness of rates, fares, charges, classifications, or practices'. 17(7) 'unjust or unwarranted' decision. 204(a)(1), (2) 'reasonable requirements' for service, transportation of baggage and express, uniform system of accounts, etc. 204(a)(3) 'reasonable requirements' to promote safety. 204(a)(4) 'reasonable requirements' for licensing brokers, etc. 204(b) 'just and reasonable classifications' of brokers and groups of carriers. 204a(5) reparations are damages from charges that are 'unjust and unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial'. 216(a) 'reasonable through routes', 'just and reasonable . . . rates, fares, and charges', 'just and reasonable regulations and practices', 'just, reasonable, and equitable divisions (of rates, fares, and charges)'. 216(b) 'just and reasonable rates, charges, and classifications', 'just and reasonable regulations and practices'. 216(c) 'reasonable through rates and joint rates, charges, and classifications', 'just and reasonable regulations and practices', 'just, reasonable, and equitable divisions', 'unduly prefer or prejudice'. 216(d) 'just and reasonable (charges)', 'unjust and unreasonable charge', 'undue or unreasonable preference or advantage', 'unjust discrimination', 'undue or unreasonable prejudice or disadvantage'. 216(e) 'unjust or unreasonable (rate, fare, charge, classification, rule, regulation, or practice of a service)', 'unjustly discriminatory or unduly preferential or unduly prejudicial', 'lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge', 'lawful classification, rule, regulation, or practice'. 216(f) division of joint rates, fares, and charges: 'unjust, unreasonable, inequitable, or unduly preferential or prejudicial', 'just, reasonable, and equitable divisions'. 216(g) 'lawfulness of such rate, fare, or charge, or such rule, regulation, or practice', 'proposed changed rate, fare, charge, classification, rule, regulation, or practice is just and reasonable'. 216(h) 'justness and reasonableness of any rate, fare, or charge'. 216(i) 'just and reasonable rates, fares, and charges . . . and classifications, regulations, and practices'. 218(a) 'reasonable minimum rates and charges', 'reasonable regulations and practices'. 218(b) 'just and reasonable minimum rate or charge, or such rule, regulation, or practice'. 218(c) 'lawfulness of such charge, or such rule, regulation, or practice'. 221(a) 'lawfulness of rates, fares, charges, classifications, or practices'. 304(c) 'just and reasonable classifications of groups of carriers'. 304(d) 'undue disadvantage'. 305(a) 'just and reasonable rates, fares, charges, and classifications, and just and reasonable regulations and practices', 'unjust and unreasonable charge (for a service)'. 305(b) 'reasonable through routes', 'just and reasonable rates, fares, charges, and classifications', 'reasonable facilities', 'reasonable rules and regulations', 'reasonable through routes and rates, fares, charges, and classifications', 'just, reasonable, and equitable divisions'. 305(c) 'undue or unreasonable preference or advantage', 'unjust discrimination or any undue or unreasonable prejudice or advantage, or an unfair or destructive competitive practice'. 305(d) 'reasonable, proper, and equal facilities', 'not discriminate (in rates, fares, and charges), or unduly prejudice . . .'. 306(e) 'reasonable minimum rates and charges', 'reasonable regulations, and practices', 'reasonable minimum rates and charges'. 307(b) 'unjust or unreasonable (rate, fare, charge, regulation, practice, or classification)', 'unjustly discriminatory or unduly preferential or prejudicial', 'lawful rates, fare, or charge or the maximum or minimum', 'lawful regulation, practice, or classification'. 307(c) 'justness or reasonableness of any rate, fare, or charge'. 307(d) 'reasonable differentials'. 307(e) division of joint rates: 'unjust, unreasonable, inequitable, or unduly preferential or prejudicial', 'just, reasonable, and equitable divisions'. 307(f) 'just and reasonable rates, fares, and charges, . . . and classifications, regulations, and practices'. 307(g) 'lawfulness of such rate, fare, charge, classification, regulation, or practice'. 307(h) 'just and reasonable minimum rate or charge, or such rule, regulation, or practice', 'no advantage or preference'. 307(i) 'lawfulness of such charge, or such rule, regulation, or practice'. 314 'just and reasonable (charge or allowance)', 'reasonable charge'. 315(a) 'lawfulness of rates, fares, charges, classifications, or practices'. 316(b) 'reasonableness of rates, fares, or charges, and the discriminatory character thereof'. 403(b) 'reasonable requirements' for service. 404(a) 'just and reasonable rates and charges', 'just and reasonable classifications, regulations, and practices', 'unjust or unreasonable rate, charge, classification, regulation, or practice'. 404(b) 'undue or unreasonable preference or advantage', 'unjust discrimination or any undue or unreasonable prejudice or disadvantage'. 404(c) 'undue or unreasonable preference or advantage', 'undue or unreasonable prejudice or disadvantage'. 405(c) rates or charges 'lawfully in effect'. 406(b) rate or charge: 'unjust or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial', 'lawful' rate, charge, maximum, minimum, classification, regulation, or practice. 406(c) 'justness or reasonableness of any rate or charge'. 406(d) 'just and reasonable rates and charges . . ., and classifications, regulations and practices'. 406(e) 'lawfulness' of the rate, charge, classification, regulation, or practice. 406(f) 'rate, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference, or prejudice', 'undue, unreasonable, or unjust discrimination against interstate commerce'. 406a(5) 'unjust and unreasonable (charges), or unjustly discriminatory or unduly preferential or unduly prejudicial'. 409(a) 'just, reasonable, and equitable terms, conditions, and compensation which shall not unduly prefer or prejudice'. 414 'unjust discrimination or undue preference or prejudice'. 415 'just and reasonable' charges and allowances. 416(a) 'lawfulness of rates, charges, classifications, or practices'. ------------------------------- -REFTEXT- REFERENCES IN TEXT The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3), is Pub. L. 97-261, Sept. 20, 1982, 96 Stat. 1102. For complete classification of this Act to the Code, see Short Title of 1982 Amendment note below and Tables. -MISC2- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-261 redesignated pars. (1) through (6) as subpars. (A) through (F), respectively, of par. (1), and par. (7) as par. (2), in par. (2) as so redesignated, substituted 'in regulating transportation by motor carrier' for 'with respect to transportation of property by motor carrier' at beginning of par., in subpar. (A) inserted 'passengers,' after 'receivers,', in subpar. (B) substituted 'shipping and traveling public' for 'shipping public', in subpar. (E) inserted 'and intrastate bus services' after 'shippers', added subpar. (F), redesignated former subpars. (F) through (H) as (G) through (I), respectively, and added par. (3). 1980 - Subsec. (a). Pub. L. 96-448 substituted 'Except where policy has an impact on rail carriers, in which case the principles of section 10101a of this title shall govern, to ensure' for 'To ensure'. Subsec. (a)(7). Pub. L. 96-296 added par. (7). EFFECTIVE DATE OF 1982 AMENDMENT Section 31 of Pub. L. 97-261 provided that: '(a) Except as provided in subsections (b) and (c) of this section, this Act (see Short Title of 1982 Amendment note below) shall take effect on the 60th day after the date of enactment of this Act (Sept. 20, 1982). '(b) The amendment made by section 10(e)(4) of this Act (amending provisions set out as a note under section 10706 of this title) shall take effect on October 1, 1982. '(c) The provisions of sections 6(g) and 30 of this Act (amending sections 10922 and 10525 of this title, respectively) shall take effect on the date of enactment of this Act (Sept. 20, 1982).' EFFECTIVE DATE OF 1980 AMENDMENT Section 710 of Pub. L. 96-448 provided that: '(a) Except as provided in subsections (b), (c), and (d) of this section, the provisions of this Act and the amendments made by this Act (see Short Title of 1980 Amendment note set out below) shall take effect on October 1, 1980. '(b) Section 206 of this Act (enacting section 10712 of this title) shall take effect on January 1, 1981. '(c) Section 218(b) of this Act (amending section 10705 of this title) shall take effect on October 1, 1983. '(d) Section 701 of this Act (enacting section 1018 of Title 45, Railroads, and amending sections 231f, 825, 906, 913, 914, 1002, 1005, 1007, and 1008 of Title 45) shall take effect on the date of enactment of this Act (Oct. 14, 1980).' SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-521, Sec. 1, Oct. 22, 1986, 100 Stat. 2993, provided that: 'This Act (amending sections 10102, 10328, 10329, 10521, 10523, 10561, 10703, 10704, 10706, 10708, 10722, 10725, 10730, 10741, 10743, 10749, 10762, 10766, 10923, 10925 to 10927, 10930, 10933, 11101, 11127, 11141, 11323, 11501, 11505, 11701, 11705 to 11708, 11904, and 11908 to 11910 of this title, section 250 of Title 26, Internal Revenue Code, and section 5201 of Title 39, Postal Service, repealing section 10562 of this title, and enacting provisions set out as notes under this section and section 10102 of this title) may be cited as the 'Surface Freight Forwarder Deregulation Act of 1986'.' SHORT TITLE OF 1982 AMENDMENT Section 1 of Pub. L. 97-261 provided: 'That this Act (enacting sections 10935 and 11111 of this title, amending this section, sections 10102, 10321, 10322, 10328, 10521, 10525, 10526, 10701, 10704, 10706, 10708, 10722, 10723, 10762, 10922, 10923, 10924, 10925, 10927, 10928, 11341, 11343, 11344, 11345a, 11348, 11501, 11503a, 11504, 11702, 11711, 11901, 11905, and 11911 of this title, section 77c of Title 15, Commerce and Trade, section 250 of Title 26, Internal Revenue Code, and section 5201 of Title 39, Postal Service, repealing section 11302 of this title, enacting provisions set out as notes under this section and sections 10706, 10927, 10935, 11111, and 11501 of this title, and amending a provision set out as a note under section 10706 of this title) may be cited as the 'Bus Regulatory Reform Act of 1982'.' SHORT TITLE OF 1980 AMENDMENTS Pub. L. 96-454, Sec. 1, Oct. 15, 1980, 94 Stat. 2011, provided: 'That this Act (enacting sections 10735, 10934, 11110, 11711, and 11917 of this title, amending sections 10102, 10322, 10526, 10528, 10721, 10922, 11342, 11348, and 11901 of this title, section 250 of Title 26, Internal Revenue Code, section 2342 of Title 28, Judiciary and Judicial Procedure, and section 5201 of Title 39, Postal Service, and enacting provisions set out as notes under this section and sections 11110 and 11711 of this title) may be cited as the 'Household Goods Transportation Act of 1980'.' Section 1 of Pub. L. 96-448 provided that: 'This Act (enacting sections 10101a, 10701a, 10705a, 10707a, 10712, 10713, 10734, 10910, 11161 to 11168, and 11913a of this title, section 1654a of the Appendix to this title, and sections 780 and 1018 of Title 45, Railroads, amending sections 10101, 10103, 10501, 10505, 10701, 10704 to 10707, 10709, 10726, 10730, 10731, 10741, 10751, 10762, 10901, 10903 to 10905, 11101, 11103, 11122, 11123, 11142, 11344, 11345, 11501, 11707, and 11910 of this title, sections 1170 and 1172 of Title 11, Bankruptcy, sections 231f, 563, 702, 711, 720, 721, 724, 726, 745, 771, 774, 775, 777, 779, 821, 825 to 829, 831, 906, 913, 914, 1002, 1005, 1007, and 1008 of Title 45, repealing sections 10727 and 10729 of this title, and enacting provisions set out as notes under this section, sections 10101a, 10311, 10701a, 10705a, 10706, 10707a, 10729, 10751, 10906, 11343, and 11707 of this title, and sections 747, 779, 831, and 1001 of Title 45) may be cited as the 'Staggers Rail Act of 1980'.' Section 1 of Pub. L. 96-296 provided: 'That this Act (enacting sections 10527 to 10529, 10732, 10733, 10751, 11109, 11503a, 11345a, and 11902a of this title, amending this section, sections 10102, 10322, 10324, 10327, 10344, 10521, 10524, 10526, 10701, 10703 to 10706, 10708, 10730, 10741, 10749, 10761, 10762, 10766, 10922 to 10925, 10927, 10928, 10930, 11107, 11144, 11145, 11302, 11342, 11343, 11701, 11702, and 11707 of this title, and section 1114 of Title 18, Crimes and Criminal Procedure, repealing sections 10323 and 10325 of this title, and enacting provisions set out as notes under this section and sections 10527, 10706, 10921, and 10927 of this title) may be cited as the 'Motor Carrier Act of 1980'.' LIMITATION ON STATUTORY CONSTRUCTION Pub. L. 99-521, Sec. 14, Oct. 22, 1986, 100 Stat. 2999, provided that: 'Nothing in this Act (including any amendment made by this Act) (see Short Title of 1986 Amendment note above) shall be construed to limit or otherwise affect the authority of the Secretary of Transportation to regulate a freight forwarder and the transportation the freight forwarder uses (whether or not such transportation is provided by a carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of title 49, United States Code).' CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Pub. L. 99-521, Sec. 3, Oct. 22, 1986, 100 Stat. 2993, provided that: 'The Congress finds that - '(1) a safe, sound, and competitive surface freight forwarder industry is important to the national transportation system; '(2) the statutes governing Federal regulation of the freight forwarder industry are outdated and must be revised to reflect present and future transportation needs and realities; '(3) protective regulation has resulted in anticompetitive pricing and has restricted the range of price and service options available to shippers; '(4) in order to reduce the uncertainty experienced by the Nation's transportation industries, the Interstate Commerce Commission's remaining responsibilities for the regulation of surface freight forwarders should be eliminated in accordance with this Act (see Short Title of 1986 Amendment note above); and '(5) legislative and resulting changes should be implemented with the least amount of disruption consistent with achieving the reforms enacted.' Sections 3, 4 of Pub. L. 97-261 provided that: 'Sec. 3. The Congress hereby finds that a safe, sound, competitive, and fuel-efficient motor bus system contributes to the maintenance of a strong national economy and a strong national defense and is vital to the transportation needs of the elderly, handicapped, and the poor; that the statutes governing Federal regulation of the motor bus industry are outdated and must be revised to reflect the future transportation needs and realities; that historically the existing Federal and State regulatory structure has tended in certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor bus industry; that State regulation of the motor bus industry has, in certain circumstances, unreasonably burdened interstate commerce; that overly protective regulation has resulted in operating inefficiencies and diminished price and service competition in the motor bus industry; that the objectives contained in the national transportation policy can best be achieved through greater competition and reduced regulation; that in order to reduce the uncertainty felt by the Nation's motor bus industry and those persons and communities that rely on its services, the Interstate Commerce Commission should be given explicit direction for reduced regulation of the motor bus industry and should do everything within its power to promote competition in the motor bus industry; and that legislative and resulting changes should be implemented without unnecessary disruption to the transportation system consistent with the scope of the reforms enacted. 'Sec. 4. The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, not less than annually until July 1, 1985, to ensure that this Act (see Short Title of 1982 Amendment note above) is being implemented according to congressional intent and purpose.' Pub. L. 96-454, Sec. 2, Oct. 15, 1980, 94 Stat. 2011, provided that: '(a) The Congress hereby finds - '(1) that a safe, stable, and financially sound system of transportation of household goods by motor common carriers is vital to the maintenance of a strong national economy and a strong national defense; '(2) that the best means of assuring such a system is through competition and reduced regulation; '(3) that maximum flexibility on the part of the carriers in the pricing of their services best serves the shippers of household goods and allows a variety of quality and price options to meet market demands; and '(4) that the interest of individual shippers can be best protected by allowing carriers of household goods maximum flexibility in serving the needs of their shippers, by providing accurate and complete information concerning carriers' performance and individual shippers' rights and remedies, by reducing the amount of unnecessary regulations, and by strengthening remedies for violations of those regulations that are necessary for protection of individual shippers. '(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act (Oct. 15, 1980), to ensure that this Act (see Short Title of 1980 Amendment note set out above) is being implemented according to congressional intent and purpose.' Section 3 of Pub. L. 96-296 provided that: '(a) The Congress hereby finds that a safe, sound, competitive, and fuel efficient motor carrier system is vital to the maintenance of a strong national economy and a strong national defense; that the statutes governing Federal regulation of the motor carrier industry are outdated and must be revised to reflect the transportation needs and realities of the 1980's; that historically the existing regulatory structure has tended in certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the trucking industry; that protective regulation has resulted in some operating inefficiencies and some anticompetitive pricing; that in order to reduce the uncertainty felt by the Nation's transportation industry, the Interstate Commerce Commission should be given explicit direction for regulation of the motor carrier industry and well-defined parameters within which it may act pursuant to congressional policy; that the Interstate Commerce Commission should not attempt to go beyond the powers vested in it by the Interstate Commerce Act (Feb. 4, 1887, ch. 104, 24 Stat. 379, which was repealed and is covered by this subtitle) and other legislation enacted by Congress; and that legislative and resulting changes should be implemented with the least amount of disruption to the transportation system consistent with the scope of the reforms enacted. '(b) The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, no less than annually for the first 5 years following the date of enactment of this Act (July 1, 1980), to ensure that this Act (see Short Title of 1980 Amendment note set out above) is being implemented according to congressional intent and purpose.' PURPOSE Pub. L. 99-521, Sec. 2, Oct. 22, 1986, 100 Stat. 2993, provided that: 'This Act (see Short Title of 1986 Amendment note above) is part of the continuing effort by Congress to reduce burdensome and unnecessary government regulations and to ensure the competitiveness and efficacy of transportation services of surface freight forwarders in the United States.' Section 2 of Pub. L. 97-261 provided that: 'This Act (see Short Title of 1982 Amendment note above) is part of the continuing effort by Congress to reduce unnecessary and burdensome Government regulation.' Section 2 of Pub. L. 96-296 provided that: 'This Act (see Short Title of 1980 Amendment note set out above) is part of the continuing effort by Congress to reduce unnecessary regulation by the Federal Government.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 302, 10321, 10525, 10526, 10544, 10702, 10704, 10706, 10708, 10721, 10761, 10762, 10766, 10922, 10923, 10924, 10930, 10933, 10935, 11108, 11343, 11501 of this title; section 1653 of Appendix to this title; title 33 section 1803. ------DocID 54937 Document 104 of 1105------ -CITE- 49 USC Sec. 10101a -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 101 -HEAD- Sec. 10101a. Rail transportation policy -STATUTE- In regulating the railroad industry, it is the policy of the United States Government - (1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail; (2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required; (3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Interstate Commerce Commission; (4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense; (5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes; (6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital; (7) to reduce regulatory barriers to entry into and exit from the industry; (8) to operate transportation facilities and equipment without detriment to the public health and safety; (9) to cooperate with the States on transportation matters to assure that intrastate regulatory jurisdiction is exercised in accordance with the standards established in this subtitle; (10) to encourage honest and efficient management of railroads and, in particular, the elimination of noncompensatory rates for rail transportation; (11) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability; (12) to encourage fair wages and safe and suitable working conditions in the railroad industry; (13) to prohibit predatory pricing and practices, to avoid undue concentrations of market power and to prohibit unlawful discrimination; (14) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information; and (15) to encourage and promote energy conservation. -SOURCE- (Added Pub. L. 96-448, title I, Sec. 101(a), Oct. 14, 1980, 94 Stat. 1897.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as an Effective Date of 1980 Amendment note under section 10101 of this title. CONGRESSIONAL DECLARATION OF FINDINGS Section 2 of Pub. L. 96-448 provided that: 'The Congress hereby finds that - '(1) historically, railroads were the essential factor in the national transportation system; '(2) the enactment of the Interstate Commerce Act (Feb. 4, 1887, ch. 104, 24 Stat. 379, which was repealed and is covered by this subtitle) was essential to prevent an abuse of monopoly power by railroads and to establish and maintain a national railroad network; '(3) today, most transportation within the United States is competitive; '(4) many of the Government regulations affecting railroads have become unnecessary and inefficient; '(5) nearly two-thirds of the Nation's intercity freight is transported by modes of transportation other than railroads; '(6) earnings by the railroad industry are the lowest of any transportation mode and are insufficient to generate funds for necessary capital improvements; '(7) by 1985, there will be a capital shortfall within the railroad industry of between $16,000,000,000 and $20,000,000,000; '(8) failure to achieve increased earnings within the railroad industry will result in either further deterioration of the rail system or the necessity for additional Federal subsidy; and '(9) modernization of economic regulation for the railroad industry with a greater reliance on the marketplace is essential in order to achieve maximum utilization of railroads to save energy and combat inflation.' STATEMENT OF PURPOSE AND GOALS Section 3 of Pub. L. 96-448 provided that: 'The purpose of this Act (see Short Title of 1980 Amendment note set out under section 10101 of this title) is to provide for the restoration, maintenance, and improvement of the physical facilities and financial stability of the rail system of the United States. In order to achieve this purpose, it is hereby declared that the goals of this Act are - '(1) to assist the railroads of the Nation in rehabilitating the rail system in order to meet the demands of interstate commerce and the national defense; '(2) to reform Federal regulatory policy so as to preserve a safe, adequate, economical, efficient, and financially stable rail system; '(3) to assist the rail system to remain viable in the private sector of the economy; '(4) to provide a regulatory process that balances the needs of carriers, shippers, and the public; and '(5) to assist in the rehabilitation and financing of the rail system.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 302, 10101, 10505, 10705a, 10706, 10707a, 10712 of this title. ------DocID 54938 Document 105 of 1105------ -CITE- 49 USC Sec. 10102 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 101 -HEAD- Sec. 10102. Definitions -STATUTE- In this subtitle - (1) 'broker' means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation. (2) 'carrier' means a common carrier and a contract carrier. (3) 'car service' includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier. (4) 'common carrier' means an express carrier, a pipeline carrier, a rail carrier, a sleeping car carrier, a motor common carrier, a water common carrier, and a household goods freight forwarder. (5) 'commuter bus operations' means short-haul regularly scheduled passenger service provided by motor vehicle in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, and utilized primarily by passengers using reduced-fare, multiple-ride, or commutation tickets during morning and evening peak period operations. (6) 'contract carrier' means a motor contract carrier and a water contract carrier. (7) 'control', when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means. (8) 'express carrier' means a person providing express transportation for compensation. (9) 'freight forwarder' means a person holding itself out to the general public (other than as an express, pipeline, rail, sleeping car, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business - (A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; (B) assumes responsibility for the transportation from the place of receipt to the place of destination; and (C) uses for any part of the transportation a carrier subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title. Such term does not include a person using transportation of an air carrier subject to the Federal Aviation Act of 1958. (10) 'highway' means a road, highway, street, and way in a State. (11) 'household goods' means - (A) personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling and such other similar property as the Commission may provide by regulation; except that this subparagraph shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his dwelling and which is transported at the request of, and the transportation charges paid to the carrier by, the householder; (B) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals or other establishments when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments and such other similar property as the Commission may provide by regulation; except that this subparagraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location to another; and (C) articles, including objects of art, displays, and exhibits, which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods and such other similar articles as the Commission may provide by regulation; except that this subparagraph shall not be construed to include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods. (12) 'household goods freight forwarder' means a freight forwarder of one or more of the following items: household goods, unaccompanied baggage, or used automobiles. (13) 'motor carrier' means a motor common carrier and a motor contract carrier. (14) 'motor common carrier' means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both. (15) 'motor contract carrier' means - (A) a person, other than a motor common carrier, providing motor vehicle transportation of passengers for compensation under continuing agreements with a person or a limited number of persons - (i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or (ii) designed to meet the distinct needs of each such person; and (B) a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons - (i) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or (ii) designed to meet the distinct needs of each such person. (16) 'motor private carrier' means a person, other than a motor carrier, transporting property by motor vehicle when - (A) the transportation is as provided in section 10521(a)(1) and (2) of this title; (B) the person is the owner, lessee, or bailee of the property being transported; and (C) the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise. (17) 'motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Commission, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service. (18) 'person', in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person. (19) 'pipeline carrier' means a person providing pipeline transportation for compensation. (20) 'rail carrier' means a person providing railroad transportation for compensation. (21) 'railroad' includes - (A) a bridge, car float, lighter, and ferry used by or in connection with a railroad; (B) the road used by a rail carrier and owned by it or operated under an agreement; and (C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation. (22) 'rate' means a rate, fare, or charge for transportation. (23) 'sleeping car carrier' means a person providing sleeping car transportation for compensation. (24) 'State' means a State of the United States and the District of Columbia. (25) 'tariff', when used in reference to a contract carrier, means a schedule. (26) 'transportation' includes - (A) a locomotive, car, vehicle, motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and (B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property. (27) 'United States' means the States of the United States and the District of Columbia. (28) 'vessel' means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of transportation by water. (29) 'water carrier' means a water common carrier and a water contract carrier. (30) 'water common carrier' means a person holding itself out to the general public to provide water transportation for compensation. (31) 'water contract carrier' means a person, other than a water common carrier, providing water transportation for compensation under an agreement with another person, including transportation on a vessel provided to a person other than a carrier subject to the jurisdiction of the Commission under this subtitle when the vessel is used to transport only the property of the other person. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 96-296, Sec. 10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L. 96-454, Sec. 3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97-261, Sec. 6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99-521, Sec. 4, Oct. 22, 1986, 100 Stat. 2993.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10102(1) 49:303(a)(18). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 203(a)(1), (8), (9), (12), (13), (14) (less exception), (15), (16), (17), (18), (19); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 544; June 29, 1938, ch. 811, Sec. 2, 52 Stat. 1237; Sept. 18, 1940, ch. 722, Sec. 18, 54 Stat. 920; Sept. 1, 1950, ch. 835, Sec. 1(a), 64 Stat. 574; Aug. 22, 1957, Pub. L. 85-163, Sec. 1(1), 71 Stat. 411. 10102(2) (No source). 10102(3) 49:1(10). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 1(10); added May 29, 1917, ch. 23, Sec. 1, 40 Stat. 101; restated Feb. 28, 1920, ch. 91, Sec. 402, 41 Stat. 476; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543. 10102(4) 49:1(3)(a) (1st Feb. 4, 1887, ch. sentence). 104, Sec. 1(3)(a), 24 Stat. 379; restated June 29, 1906, ch. 3591, Sec. 1, 34 Stat. 584; restated Feb. 28, 1920, ch. 91, Sec. 400, 41 Stat. 474; June 19, 1934, ch. 652, Sec. 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, Sec. 2(a), 54 Stat. 899. 49:303(a)(14) (less exception). 49:902(d) (less Feb. 4, 1887, ch. exception). 104, 24 Stat. 379, Sec. 302(a), (c), (d) (less exception), (e) (1st and 2d sentences), (f), (g), (h), (j), (k), (l), (m); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 929. 49:1002(a)(5). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 402(a)(1), (3), (4), (5), (8); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 284; Dec. 20, 1950, ch. 1140, Sec. 1, 64 Stat. 1113. 10102(5) (No source). 10102(6) 49:1(3)(b). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 1(3)(b); added Sept. 18, 1940, ch. 722, Sec. 2(b), 54 Stat. 899. 49:1002(a)(8). 10102(7) 49:1(3)(a) (1st sentence related to express carriers), (2d sentence). 49:303(a)(9). 10102(8) 49:1002(a)(5). 10102(9) 49:303(a)(12). 10102(10) 49:303(a)(16). 10102(11) 49:303(a)(14) (less exception). 49:902(m). 10102(12) 49:303(a)(15). 10102(13) 49:303(a)(17). 10102(14) 49:303(a)(13). 10102(15) 49:1(3)(a) (last sentence). 49:303(a)(1). 49:902(a). 49:1002(a)(1). 10102(16) 49:1(3)(a) (1st sentence related to pipeline carriers), (2d sentence). 10102(17) 49:1(3)(a) (2d sentence). 49:902(1). 10102(18) 49:1(3)(a) (3d sentence). 10102(19) 49:1(5)(c)(ii). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 1(5)(c)(ii); added Feb. 5, 1976, Pub. L. 94-210, Sec. 202(b), 90 Stat. 35. 10102(20) 49:1(3)(a) (1st sentence related to sleeping car carriers), (2d sentence). 10102(21) 49:303(a)(8). 49:902(k). 49:1002(a)(3). 10102(22) (No source). 10102(23) 49:1(3)(a) (4th sentence). 49:303(a)(19). 49:902(g), (h). 10102(24) 49:902(j). 49:1002(a)(4). 10102(25) 49:902(f). 10102(26). 49:902(c). 10102(27) 49:902(d) (less exception). 10102(28) 49:902(e) (1st and 2d sentences). ------------------------------- In clause (1), the words 'bona fide' are omitted for consistency and as being unnecessary. The words 'transportation by motor carrier' are substituted for 'transportation subject to this chapter' and 'such transportation' for clarity and because the jurisdiction of the Commission is stated separately in chapter 105 of the revised title and is unnecessary to be referred to in a definition. The words 'furnishes, contracts' are omitted for consistency and as being surplus. Clauses (2) and (4) are included because a number of the provisions of the subtitle relate to all carriers and all common carriers, respectively, subject to the jurisdiction of the Commission, and the terms 'common carriers' and 'carrier' provide simple phrases to refer to those carriers. In clause (3), the words 'subject to this chapter' are omitted as unnecessary in the definition and because the jurisdiction of the Commission is stated separately in chapter 105 of the revised title. Clause (5) is included because a number of the provisions of the subtitle relate to motor contract carriers and water contract carriers, and the term 'contract carrier' provides a simple phrase to refer to both of those kinds of carriers. In clause (6), the words 'or persons', 'shall be construed to', 'or trusts', 'or companies', and 'direct or indirect' are omitted for consistency and as being surplus. The words 'reason of the method of or circumstances surrounding organization or operation, through or by' are omitted as unnecessary as being included in the words 'power to exercise control'. In 49:1(3)(b), the phrase 'For the purposes of sections 5, 12(1), 20, 304(a)(7), 310, 320, 904(b), 910, and 913 of this title' is omitted for consistency and as being unnecessary because the sections referred to, and 49:1002(a)(8), have the effect of applying the 'control' definition to the subtitle. In clauses (7), (16), (17), and (20), the words 'for compensation' are substituted for 'for hire' for consistency. In clause (7), the words 'natural or artificial' are omitted as surplus in view of the definition of 'person' in this section and in section 1 of title 1. The words 'providing express transportation' are substituted for 'engaged in such transportation as aforesaid' in view of chapter 105 of the revised title. In clause (8), the words 'to transport or' are omitted as surplus because of the use of the broader phrase 'provide transportation'. The words 'or any class or classes of property, . . . in interstate commerce' are omitted as unnecessary in view of the restatement of the various definitions of 'interstate commerce' and 'foreign commerce' as grants of jurisdiction to the Commission. The words 'ordinary course of its business' are substituted for 'ordinary and usual course of its undertaking' for clarity. The word 'place' is substituted for 'point' for consistency. In clause (11), the words 'in interstate or foreign commerce of passengers or property or any class or classes thereof' are omitted as unnecessary in view of the restatement of the various definitions of 'interstate commerce' and 'foreign commerce' as grants of jurisdiction to the Commission under chapter 105 of the revised title. The words 'or both' are inserted for clarity. In clause (12), the words 'of passengers or property in interstate or foreign commerce' are omitted for consistency and as being unnecessary in view of the restatement of the various definitions of 'interstate commerce' and 'foreign commerce' as grants of jurisdiction to the Commission. The words 'other than a motor common carrier' are substituted for 'other than transportation referred to in paragraph (14) of this subsection' as being more precise. The words 'and the exception therein' are omitted for consistency and as being unnecessary in view of the restatement of the exception in section 10502 of this title as a jurisdictional provision. The word 'agreements' is substituted for 'contracts' for consistency. The words 'furnishing of transportation services' are omitted as surplus and for clarity. The words 'each such person' are substituted for 'each individual customer' for consistency within the clause. In clause (13), the words 'motor private carrier' are substituted for 'private carrier of property by motor vehicle' for clarity. The words 'other than a motor carrier' are substituted for 'not included in the terms 'common carrier by motor vehicle' or 'contract carrier by motor vehicle' ' in view of the definition in clause (10) that includes both such carriers. The words 'the purpose of' are omitted as surplus. The words 'as provided in section 10521(a)(1) and (2) of this title' are substituted for 'interstate or foreign commerce' in view of the codification of the latter term from 49:303(a)(10) and (11) in section 10521(a) of the revised title. In clause (14), the words 'or rails' are omitted as surplus. The words 'of passengers or property' are omitted as unnecessary in view of the definition of transportation that includes passengers and property. In clause (15), the words 'in addition to its meaning under section 1 of title 1' are substituted for 'includes an individual, firm, copartnership, corporation, company, association, or joint stock association' for consistency since section 1 of title 1, United States Code, is applicable to all laws unless otherwise provided. In clause (18), the words 'a contract' and 'or lease' are omitted as unnecessary because they are included in the word 'agreement'. The words 'of every kind' are omitted as unnecessary. The words 'persons or property' and 'or delivery' are omitted as unnecessary because those terms are included in the definition of transportation. In clause (19), the word 'charge' is inserted for clarity. The definition is made applicable to the entire subtitle to eliminate repetition of the words 'fares or charges'. The words 'persons or property' are omitted as unnecessary in view of the definition of transportation that includes passengers and property. In clause (22), the definition of the word 'tariff' is added for clarity. Clause (23) consolidates and restates the source provisions for clarity and consistency. The words 'express or implied' are omitted as unnecessary and for consistency. In 49:1(3)(a) (4th sentence), the word 'agreement' is substituted for 'contract' for consistency. In 49:303(a)(19), the word 'service' is omitted to provide only one defined term for consistency in the codification of the subtitle. In 49:303(a)(19), the words 'in interstate or foreign commerce' are omitted for consistency and as being unnecessary in view of the restatement of the various definitions of 'interstate commerce' and 'foreign commerce' as grants of jurisdiction to the Commission under chapter 105 of the revised title. In 49:902(g), the words 'of any kind' are omitted as unnecessary. In 49:902(h), the words 'interchange of passengers and property' are substituted for 'property transported or the interchange thereof with any other agency of transportation' for consistency and clarity. In clause (25), the words 'of whatever description' are omitted as unnecessary. In clause (27), the words 'in interstate or foreign commerce of passengers or property or any class or classes thereof' are omitted as unnecessary in view of the restatement of the various definitions of 'interstate commerce' and 'foreign commerce' as grants of jurisdiction to the Commission. In clause (28), the words 'other than a water common carrier' are substituted for 'other than transportation referred to in paragraph (d) of this section' as being more precise. The words 'and the exception therein' are omitted for consistency and as being unnecessary in view of the restatement of the exception in section 10502 of the title as a jurisdictional provisional provision. The words 'contracts or' are omitted as surplus and for consistency. The words 'of passengers or property in interstate or foreign commerce' are omitted as unnecessary in view of the restatement of the various definitions of 'interstate commerce' and 'foreign commerce' as grants of jurisdiction to the Commission. -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in par. (9), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified principally to chapter 20 (Sec. 1301 et seq.) of the Appendix to this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of the Appendix to this title and Tables. -MISC2- AMENDMENTS 1986 - Par. (4). Pub. L. 99-521, Sec. 4(1), inserted 'household goods' before 'freight forwarder'. Par. (9). Pub. L. 99-521, Sec. 4(2), inserted at end 'Such term does not include a person using transportation of an air carrier subject to the Federal Aviation Act of 1958.' Pars. (12) to (31). Pub. L. 99-521, Sec. 4(3), added par. (12) and redesignated pars. (12) to (30) as (13) to (31), respectively. 1982 - Pars. (5) to (30). Pub. L. 97-261 added par. (5) and redesignated pars. (5) through (29) as (6) through (30), respectively. 1980 - Par. (10). Pub. L. 96-454, Sec. 3(a)(1), added par. (10) relating to definition of 'household goods'. Former par. (10) redesignated (11). Par. (11). Pub. L. 96-454, Sec. 3(a)(2), redesignated par. (10) as (11). Former par. (11) redesignated (12). Par. (12). Pub. L. 96-454, Sec. 3(a)(2), redesignated par. (11) as (12). Former par. (12) redesignated (13). Pub. L. 96-296 included within definition of a motor contract carrier a person providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons. Pars. (13) to (29). Pub. L. 96-454, Sec. 3(a)(2), redesignated pars. (12) to (28) as (13) to (29), respectively. EFFECTIVE DATE OF 1986 AMENDMENT Section 15 of Pub. L. 99-521 provided that: 'This Act (amending this section, sections 10328, 10329, 10521, 10523, 10561, 10703, 10704, 10706, 10708, 10722, 10725, 10730, 10741, 10743, 10749, 10762, 10766, 10923, 10925 to 10927, 10930, 10933, 11101, 11127, 11141, 11323, 11501, 11505, 11701, 11705 to 11708, 11904, and 11908 to 11910 of this title, section 250 of Title 26, Internal Revenue Code, and section 5201 of Title 39, Postal Service, repealing section 10562 of this title, and enacting provisions set out as notes under section 10101 of this title) shall take effect sixty days after the date of the enactment of this Act (Oct. 22, 1986).' EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 501, 3101, 11126, 11711 of this title; section 1802 of Appendix to this title; title 18 section 921; title 29 section 186; title 39 section 5201; title 42 section 4917; title 45 sections 544, 546, 702, 741, 802, 1344. ------DocID 54939 Document 106 of 1105------ -CITE- 49 USC Sec. 10103 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 101 -HEAD- Sec. 10103. Remedies as cumulative -STATUTE- Except as otherwise provided in this subtitle, the remedies provided under this subtitle are in addition to remedies existing under another law or at common law. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 96-448, title II, Sec. 214(c)(2), Oct. 14, 1980, 94 Stat. 1915.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10103 49:20(11) (2d Feb. 4, 1887, ch. sentence, 1st 104, 24 Stat. 379, proviso). Sec. 20(11) (2d sentence, 1st proviso); added June 29, 1906, ch. 3591, Sec. 7, 34 Stat. 595; Mar. 4, 1915, ch. 176, Sec. 1, 38 Stat. 1196; Feb. 28, 1920, ch. 91, Sec. 436, 41 Stat. 494; Mar. 4, 1927, ch. 510, Sec. 3, 44 Stat. 1448; restated Apr. 23, 1930, ch. 208, Sec. 1, 46 Stat. 251. 49:22(1) (1st Feb. 4, 1887, ch. sentence words 104, Sec. 22(1) between 5th and 6th (1st sentence words semicolons). between 5th and 6th semicolons), 24 Stat. 387; restated Mar. 2, 1889, ch. 382, Sec. 9, 25 Stat. 862; Aug. 18, 1922, ch. 280, Sec. 1, 42 Stat. 827; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543. 49:316(j), 317(b) Feb. 4, 1887, ch. (proviso). 104, 24 Stat. 379, Sec. 216(j), 217(b) (proviso); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 560, 561; Sept. 18, 1940, ch. 722, Sec. 22(e), 54 Stat. 925. 49:906(c) (proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 306(c) (proviso); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 935. 49:1005(c) (proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 405(c) (proviso); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 287. ------------------------------- The section consolidates and restates the source provisions for clarity. The word 'subtitle' is substituted for 'chapter' in 49:22(1) to conform to the revised title. The words 'and nothing in this chapter contained shall in any way abridge or alter the remedies now existing' in 49:22(1) are omitted as unnecessary and as being included in the words 'are in addition to'. The word 'law' is substituted for 'statute' in 49:22(1) for consistency. AMENDMENTS 1980 - Pub. L. 96-448 which purported to amend subsec. (a) of this section was executed to the text of this section by substituting 'Except as otherwise provided in this subtitle, the remedies' for 'The remedies' as the probable intent of Congress. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title. ------DocID 54940 Document 107 of 1105------ -CITE- 49 USC CHAPTER 103 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 -HEAD- CHAPTER 103 - INTERSTATE COMMERCE COMMISSION -MISC1- SUBCHAPTER I - ORGANIZATION Sec. 10301. General. 10302. Divisions of the Commission. 10303. Secretary of the Commission; public records. 10304. Employee boards. 10305. Delegation of authority. 10306. Conduct of proceedings. 10307. Office and sessions. 10308. Admission to practice. 10309. Access to records by congressional committees. 10310. Reporting official action. 10311. Annual report. SUBCHAPTER II - ADMINISTRATIVE 10321. Powers. 10322. Commission action and appellate procedure in non-rail proceedings. (10323. Repealed.) 10324. Commission action. (10325. Repealed.) 10326. Limitations in rulemaking proceedings related to rail carriers. 10327. Commission action and appellate procedure in rail carrier proceedings. 10328. Intervention. 10329. Service of notice in Commission proceedings. 10330. Service of process in court proceedings. SUBCHAPTER III - JOINT BOARDS 10341. Jurisdiction. 10342. Establishment. 10343. Powers. 10344. Administration. SUBCHAPTER IV - RAIL SERVICES PLANNING OFFICE 10361. Organization. 10362. Duties. 10363. Director. 10364. Powers. SUBCHAPTER V - OFFICE OF RAIL PUBLIC COUNSEL 10381. Organization. 10382. Duties; standing. 10383. Director. 10384. Office staff. 10385. Powers. 10386. Reports. 10387. Budget requests and estimates. 10388. Authorizations of appropriations. AMENDMENTS 1980 - Pub. L. 96-296, Sec. 25(f), July 1, 1980, 94 Stat. 818, substituted 'Commission action and appellate procedure in non-rail proceedings' for 'Initial decisions - nonrail proceedings' in item 10322, and struck out item 10323 'Rehearing, reargument, and reconsideration - nonrail proceedings', and item 10325 'Judicial review - nonrail proceedings'. ------DocID 54941 Document 108 of 1105------ -CITE- 49 USC SUBCHAPTER I -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- SUBCHAPTER I - ORGANIZATION ------DocID 54942 Document 109 of 1105------ -CITE- 49 USC Sec. 10301 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10301. General -STATUTE- (a) The Interstate Commerce Commission is an independent establishment of the United States Government. (b) The Commission is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. The President shall designate one of the members as Chairman. Not more than 3 members may be appointed from the same political party. (c) The term of each member of the Commission is 5 years and begins when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, is appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (d) A member of the Commission may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment. (e) A vacancy in the membership of the Commission does not impair the right of the remaining members to exercise all of the powers of the Commission. The Commission may designate a member to act as Chairman during any period in which there is no Chairman designated by the President. (f) Subject to the general policies, decisions, findings, and determinations of the Commission, the Chairman is responsible for administering the Commission. The Chairman may delegate the powers granted under this subsection to an officer, employee, or administrative unit of the Commission. The Chairman shall - (1) appoint and supervise, other than regular and full time employees in the immediate offices of another member, the officers and employees of the Commission, including attorneys to provide legal aid and service to the Commission and its members, to represent the public interest in investigations and proceedings of the Commission, and to represent the Commission in any case in court; (2) appoint the heads of major administrative units with the approval of the Commission; (3) distribute Commission business among officers and employees and administrative units of the Commission; (4) prepare requests for appropriations for the Commission and submit those requests to the President and Congress with the prior approval of the Commission; and (5) supervise the expenditure of funds allocated by the Commission for major programs and purposes. (g) The Commission shall have a seal that shall be judicially recognized. (h) The expenses of the Commission shall be paid after presentation and approval by the Chairman of itemized vouchers. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 97-253, title V, Sec. 502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10301(a), (b), (c) 49:11. Feb. 4, 1887, ch. 104, Sec. 11, 24, 24 Stat. 383, 387; June 29, 1906, ch. 3591, Sec. 8, 34 Stat. 595; Aug. 9, 1917, ch. 50, Sec. 1, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 440, 41 Stat. 497; July 16, 1935, ch. 383, Sec. 1, 49 Stat. 481; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Reorg. Plan No. 1 of 1969, eff. Oct. 11, 1969, Sec. 3, 83 Stat. 859. 49:18(1) (1st Feb. 4, 1887, ch. sentence). 104, Sec. 18(1) (1st and 3d sentences), 24 Stat. 386, 387; Mar. 2, 1889, ch. 382, Sec. 7, 25 Stat. 861; June 29, 1906, ch. 3591, Sec. 8, 34 Stat. 595; Feb. 28, 1920, ch. 91, Sec. 433, 440, 41 Stat. 493, 497. 10301(d) 49:11. 49:305(i) (related Feb. 4, 1887, ch. to members of 104, 24 Stat. 379, Commission). Sec. 205(i) (related to members of Commission); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 550; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 10301(e) 49:11. 49:11 (note). Reorg. Plan No. 1 of 1969, eff. Oct. 11, 1969, Sec. 1, 2, 83 Stat. 859. 10301(f) 49:11 (note). 49:16(11). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 16(11); added June 18, 1910, ch. 309, Sec. 13, 36 Stat. 554; Oct. 22, 1913, ch. 32, Sec. 1, 38 Stat. 219; restated Feb. 28, 1920, ch. 91, Sec. 428, 41 Stat. 492. 49:18(1) (3d sentence). 49:19a(a) (2d and 3d Feb. 4, 1887, ch. sentences). 104, 24 Stat. 379, Sec. 19a(a) (2d and 3d sentences); added Mar. 1, 1913, ch. 92, Sec. 1, 37 Stat. 701; Feb. 28, 1920, ch. 91, Sec. 433, 41 Stat. 493; June 16, 1933, ch. 91, Sec. 207, 48 Stat. 221. 49:20(10). Feb. 4, 1887, ch. 104, Sec. 20(10), 24 Stat. 386; restated June 29, 1906, ch. 3591, Sec. 7, 34 Stat. 593; Feb. 28, 1920, ch. 91, Sec. 436, 41 Stat. 494; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543. 49:305(j). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(j); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 49:919. Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 319; added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 950. 10301(g) 49:17(3) (2d Feb. 4, 1887, ch. sentence). 104, Sec. 17(3) (2d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, Sec. 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 432, 41 Stat. 493; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. 10301(h) 49:18(2). Feb. 4, 1887, ch. 104, Sec. 18(2), 24 Stat. 386; restated Mar. 2, 1889, ch. 382, Sec. 7, 25 Stat. 861; Feb. 28, 1920, ch. 91, Sec. 433, 41 Stat. 493. ------------------------------- The section consolidates and restates the source provisions for clarity. The 3d sentence of 49:11 is omitted as executed. The text of 49:18(1) (1st sentence) is omitted as surplus in view of chapter 53 of title 5. In subsection (d), the words 'employ or' in the 6th sentence of 49:11 are omitted as surplus. In subsection (f), the 2d and 3d sentences of 49:19a(a) are omitted as surplus. The words 'examiners' and 'special agents' are omitted as surplus. The words 'executive and' in section 1(a) of Reorg. Plan No. 1 of 1969, are omitted as surplus. In subsection (h), reference to transportation expenses is omitted as unnecessary in view of chapter 57 of title 5. AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-253, Sec. 502(e), substituted '5' and '3' for '7' and '4', respectively. Pub. L. 97-253, Sec. 502(b), substituted '7' and '4' for '11' and '6', respectively. Subsec. (c). Pub. L. 97-253, Sec. 502(h)(1), substituted '5' for '7'. EFFECTIVE DATE OF 1982 AMENDMENT Section 502(b) of Pub. L. 97-253 provided that the amendment made by such section 502(b) is effective Jan. 1, 1983. Section 502(e) of Pub. L. 97-253 provided that the amendment made by such section 502(e) is effective Jan. 1, 1986. Section 502(h)(2) of Pub. L. 98-253 provided that: 'The amendment made by paragraph (1) of this subsection (amending this section) shall take effect on January 1, 1984, and shall apply to any person appointed, after such date, to fill any office, as a member of the Interstate Commerce Commission, the term for which is prescribed by law to expire after such date, except that such amendment shall not apply to the person designated by the President to fill the term of office which is to end under subsection (g) of this section (set out as a note below) on December 31, 1991.' ABOLITION OF OFFICES VACANT ON JULY 1, 1982 Section 502(a) of Pub. L. 97-253 provided that: 'Effective January 1, 1983, each office within the Interstate Commerce Commission provided in section 10301(b) of title 49, United States Code (except one of the two offices prescribed by law to expire on December 31, 1984), which was vacant on July 1, 1982, is abolished.' ABOLITION OF OFFICES AFTER DECEMBER 31, 1985 Section 502(c), (d) of Pub. L. 97-253 provided that: '(c) Upon the expiration of the term of office as a member of the Interstate Commerce Commission which is prescribed by law to expire on December 31, 1982, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date. '(d) Upon the expiration of the term of office as a member of the Interstate Commerce Commission which is prescribed by law to expire on December 31, 1983, any person appointed to fill such office after such date shall be appointed for a term of office which ends on December 31, 1985, and such office shall be abolished immediately after the expiration of that date.' REAPPOINTMENT TO TERMS OF OFFICE EXPIRING ON DECEMBER 31, 1982, OR DECEMBER 31, 1983 Section 502(f) of Pub. L. 97-253 provided that: 'Nothing in subsection (c) or (d) of this section (set out above) shall be construed as prohibiting the reappointment of any person serving in such office in terms expiring on December 31, 1982, or December 31, 1983, respectively.' EXTENSION OF ONE TERM OF OFFICE PRESCRIBED BY LAW TO EXPIRE DECEMBER 31, 1987 Section 502(g) of Pub. L. 97-253 provided that: 'The term of office of one of the two persons appointed to fill an office, as a member of the Interstate Commerce Commission, the term for which is prescribed by law to expire on December 31, 1987, shall end on December 31, 1991. At the time of the first of such two appointments, the President shall designate which appointment is to fill the term of office which shall end under the preceding sentence on December 31, 1991.' ------DocID 54943 Document 110 of 1105------ -CITE- 49 USC Sec. 10302 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10302. Divisions of the Commission -STATUTE- (a) The Interstate Commerce Commission may establish and assign Commissioners to serve on as many divisions as may be necessary and may designate any division as an appellate division. Each division shall be composed of at least 3 Commissioners. The Commission may assign a Commissioner to serve on more than one division. (b) Unless otherwise directed by the Commission - (1) the Commissioner senior in service of the Commissioners on a division is chairman of the division; and (2) the Chairman of the Commission, or another Commissioner designated by the Chairman, may serve on a division temporarily, when there is a vacancy in the membership of the division or when another Commissioner is absent or unable to serve. (c) The Commission shall designate each division numerically or by a term descriptive of the function of that division. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10302 49:17(1). Feb. 4, 1887, ch. 104, Sec. 17(1), 24 Stat. 385; Mar. 2, 1889, ch. 382, Sec. 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept, 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- The section consolidates and restates the source provisions for clarity. The words 'which may be changed from time to time' are omitted as surplus. ------DocID 54944 Document 111 of 1105------ -CITE- 49 USC Sec. 10303 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10303. Secretary of the Commission; public records -STATUTE- (a) The Chairman of the Interstate Commerce Commission, with its approval, shall appoint the Secretary of the Commission. (b) The Secretary is the custodian of public records filed with the Commission. Copies of classifications, tariffs, and all arrangements filed with the Commission under this subtitle, and the statistics, tables, and figures contained in reports made to the Commission under this subtitle, are public records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Commission is competent evidence in a proceeding of the Commission and in a judicial proceeding. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10303(a) 49:18(1) (2d Feb. 4, 1887, ch. sentence). 104, Sec. 18(1) (2d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, Sec. 7, 25 Stat. 861; June 29, 1906, ch. 3591, Sec. 8, 34 Stat. 595; Feb. 28, 1920, ch. 91, Sec. 433, 440, 41 Stat. 493, 497. 49:17(4) (2d Feb. 4, 1887, ch. sentence). 104, Sec. 17(4) (2d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, Sec. 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 432, 41 Stat. 493; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. 10303(b) 49:16(13). Feb. 4, 1887, ch. 104, Sec. 16(13), 24 Stat. 384; Mar. 2, 1889, ch. 382, Sec. 5, 25 Stat. 859; June 29, 1906, ch. 3591, Sec. 5, 34 Stat. 590; restated June 18, 1910, ch. 309, Sec. 13, 36 Stat. 554; Feb. 28, 1920, ch. 91, Sec. 429, 41 Stat. 492; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543. 49:304(d) (related Feb. 4, 1887, ch. to administrative 104, 24 Stat. 379, matters). Sec. 204(d) (related to administrative matters); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 546; Sept. 18, 1940, ch. 722, Sec. 20(b)(3), 54 Stat. 922. 49:916(d). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(d); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946. 49:1017(d). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(d); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297. ------------------------------- The section consolidates and restates the source provisions for clarity. In subsection (a), the 2d sentence of 49:17(4) is omitted as surplus. In subsection (b), the words 'shall be preserved' and 'with like effect as the originals' from 49:16(13), 916(d), and 1017(d) are omitted as surplus. The word 'arrangements' is substituted for 'contracts, agreements, and arrangements' for clarity. The word 'tariffs' is substituted for 'schedules . . . tariffs' in view of the definition of 'tariff' in section 10102 of the revised title. The words 'rates, fares, and charges' are omitted in view of the requirement of subchapter IV of chapter 107 that rates, fares, and charges be included in tariffs. The words 'is competent evidence in a proceeding of the Commission' are substituted for 'shall be received as prima facie evidence of what they purport to be for the purpose of investigation by the Commission' in 49:16(13) for clarity. ------DocID 54945 Document 112 of 1105------ -CITE- 49 USC Sec. 10304 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10304. Employee boards -STATUTE- The Interstate Commerce Commission may establish employee boards composed of at least 3 employees. An employee who is a director or assistant director of a bureau, a chief of a section, an employee designated by the Commission, or an attorney may serve on a board. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10304 49:17(2) (1st Feb. 4, 1887, ch. sentence 80th-98th 104, Sec. 17(2) words and 2d (1st sentence 80th- sentence). 98th words and 2d sentence), 24 Stat. 385; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 431, 41 Stat. 492; Feb. 28, 1933, ch. 136, Sec. 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- The words 'The following classes of employees shall be eligible for designation by the Commission to serve on such boards' are omitted as unnecessary in view of the restatement. The words 'employee designated by the Commission' are substituted for 'examiner' because as used in this section the term is not limited to an employee appointed under section 3105 of title 5. As a result, the Commission may classify any group of employees as examiners under 49:17(2). That result is not affected by subchapter II of chapter 5 of title 5 because of section 559 of title 5. ------DocID 54946 Document 113 of 1105------ -CITE- 49 USC Sec. 10305 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10305. Delegation of authority -STATUTE- (a) The Interstate Commerce Commission may delegate to a division, an individual Commissioner, an employee board, or an employee appointed under section 3105 of title 5, a matter before the Commission for action, including a matter referred to it by either House of Congress or by Congress. However, the Commission may not delegate a matter required to be referred to a joint board under section 10341 of this title, or a function vested in the Commission under this chapter. The Commission may change or rescind a delegation under this subsection at any time. When a Commissioner or employee cannot act on a matter delegated under this section because of absence or another reason, the Chairman of the Commission may designate another Commissioner or employee, as the case may be, to serve temporarily until the Commission otherwise orders. (b) Delegation to a division of a matter related to the validity of rates shall be made according to the character of regulation exercised. The delegation of any such matter may not be made according to the kind or class of carrier involved or to the form or mode of transportation in which that carrier may be engaged. (c) A division, individual Commissioner, employee board, or an employee may act on a matter delegated under subsection (a) of this section. When acting under this section, a division, individual Commissioner, board, or an employee has the same power and authority and is subject to the same duties and obligations as the Commission. Action taken under this section has the same force and is taken in the same manner as if taken by the Commission. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10305(a), (b) 49:17(2) (less 80th- Feb. 4, 1887, ch. 98th words in 1st 104, Sec. 17(2) sentence and less (less 80th-98th 2d sentence). words in 1st sentence and less 2d sentence), (4) (1st and 3d sentences), 24 Stat. 385; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 432, 41 Stat. 492; Feb. 28, 1933, ch. 136, Sec. 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:17(11). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(11); added Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913; Feb. 5, 1976, Pub. L. 94- 210, Sec. 303(a), 90 Stat. 48. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. 10305(c) 49:17(4) (1st and 3d sentences). 49:17(11). 49:305(h). 49:916(a). 49:1017(a). ------------------------------- In subsection (a), the words 'work, business, or functions under any provision of law' and 'by order' from 49:17(2) are omitted as surplus. The word 'change' is substituted for 'amend', 'modify', and 'supplement' in 49:17(2) for clarity and consistency. The words 'employee appointed under section 3105 of title 5' are substituted for 'examiner' in 49:17(11) for clarity because those examiners perform judicial functions. The provisions of 49:17(11) initially applied only to hearings involving motor carriers but are revised to apply to any matter under the subtitle in view of section 556 of title 5. In subsection (c), the words 'hear', 'determine', 'order', 'certify', 'report', 'otherwise act', 'force', and 'evidenced' from 49:17(4) are omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10306, 10307, 10310, 10321, 10327 of this title. ------DocID 54947 Document 114 of 1105------ -CITE- 49 USC Sec. 10306 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10306. Conduct of proceedings -STATUTE- (a) A majority of the Interstate Commerce Commission, a division, or an employee board is a quorum for the transaction of business. A Commissioner, the Secretary of the Commission, a member of an employee board, or an employee delegated to act under section 10305 of this title may administer oaths. (b) A party may appear and be heard before the Commission, a division, an individual Commissioner, a board, or an employee delegated to act under section 10305 of this title in person or by an individual admitted to practice under section 10308 of this title. A hearing before the Commission, a division, an individual Commissioner, a board, or an employee shall be made public on the request of an interested party. (c) The Commission shall conform its forms for giving notice and their manner of service, to the extent practical, to those used by the courts of the United States. (d) Votes and other official acts of the Commission, a division, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title shall be recorded and shall be made public on the request of an interested party. (e) A member of a board and an employee delegated to act under section 10305 of this title may not have a pecuniary interest in, hold an official relation to, or own securities of a carrier providing transportation by any mode. (f) The Commission shall review at least once every 3 years and revise as necessary the rules of practice for matters related to rail carriers adopted under section 305(c) (FOOTNOTE 1) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53). (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10306(a)- (e) 49:17(3) (less 2d Feb. 4, 1887, ch. sentence and last 104, Sec. 17(3) 42 words of 3d (less 2d sentence sentence). and last 42 words of 3d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, Sec. 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 430, 41 Stat. 492; Feb. 28, 1933, ch. 136, Sec. 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:17(11). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(11); added Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913; Feb. 5, 1976, Pub. L. 94- 210, Sec. 304(a), 90 Stat. 48. 49:305(h), (i) Feb. 4, 1887, ch. (related to 104, 24 Stat. 379, examiners). Sec. 205(h), (i) (related to examiners); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. 10306(f) 49:17 (note). Feb. 5, 1976, Pub. L. 94-210, Sec. 305(e), 90 Stat. 54. ------------------------------- In subsections (a)-(e), the first sentence of 49:17(3) is omitted as surplus. The words 'The Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division, individual Commissioner, or board, including forms of notice and service thereof' in 49:17(3) (5th sentence) are omitted as unnecessary in view of section 10321 of the revised title. The last sentence of 49:17(3) is omitted as unnecessary in view of section 10301(d) of the revised title and subsection (e) of this section. The words 'individual admitted to practice under section 10308 of this title' are substituted for 'attorney' for consistency in view of section 10308. The words 'shall be recorded' are substituted for 'shall be entered of record' in 49:17(3) for clarity. The words 'transportation by any mode' are substituted for 'any motor carrier or in any carrier by railroad, water, or other form of transportation' in 49:305 for clarity. In subsection (f), the words 'at least' are substituted for 'not less than' for clarity and consistency. The word 'periodically' is omitted as surplus. The words 'section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53)' are substituted for 'subsection (c) of this section' for clarity in view of the restatement. -REFTEXT- REFERENCES IN TEXT Section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53), referred to in subsec. (f), is Pub. L. 94-210, title III, Sec. 305(c), Feb. 5, 1976, 90 Stat. 53, and was repealed by Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92 Stat. 1466. ------DocID 54948 Document 115 of 1105------ -CITE- 49 USC Sec. 10307 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10307. Office and sessions -STATUTE- (a) The principal office of the Interstate Commerce Commission is in the District of Columbia. Until otherwise provided by law, the Commission may obtain suitable offices for its use and may procure all necessary office supplies. (b) General sessions of the Commission are held at its principal office. However, the Commission may hold special sessions in any part of the United States, for the convenience of the public or the parties and to avoid delay and expense. The Commission, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title may conduct proceedings under this subtitle in any part of the United States for the convenience of the parties. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10307(a) (1st 49:19. Feb. 4, 1887, ch. sentence) 104, Sec. 19, 24 Stat. 386; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543. 10307(a) (2d 49:18(1) (4th Feb. 4, 1887, ch. sentence) sentence). 104, 24 Stat. 379, Sec. 18(1) (4th sentence); added Mar. 2, 1889, ch. 382, Sec. 7, 25 Stat. 861; June 29, 1906, ch. 3591, Sec. 8, 34 Stat. 595; Feb. 28, 1920, ch. 91, Sec. 433, 440, 41 Stat. 493, 497. 10307(b) 49:19. 49:305(c) (related Feb. 4, 1887, ch. to the Commission). 104, 24 Stat. 379, Sec. 205(c) (related to the Commission); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 549; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. ------------------------------- In subsection (a) (1st sentence), the words 'District of Columbia' in 49:19 are substituted for 'city of Washington' to reflect its incorporation. In subsection (b), the words 'conduct proceedings under this subtitle' are substituted for 'prosecute any inquiry necessary to its duties' in 49:19 and 'hearings' in 49:305(c). Subsection (b) is written to have subtitle-wide application because of the general power of the Commission to conduct investigations and carry out the subtitle under sections 10321 and 11701 of the revised title. ------DocID 54949 Document 116 of 1105------ -CITE- 49 USC Sec. 10308 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10308. Admission to practice -STATUTE- Subject to section 500 of title 5, the Interstate Commerce Commission may regulate the admission of individuals to practice before it and may impose a reasonable admission fee. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10308 49:17(13). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(13); added Sept. 18. 1940, ch. 722, Sec. 12, 54 Stat. 913; Feb. 5, 1976, Pub. L. 94- 210, Sec. 303(a), 90 Stat. 48. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- The section consolidates and restates the source provisions for clarity. The last clause of 49:17(13) is omitted as surplus in view of section 484 of title 31. The words 'Subject to section 500 of title 5' are inserted for clarity and to conform to title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10306 of this title. ------DocID 54950 Document 117 of 1105------ -CITE- 49 USC Sec. 10309 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10309. Access to records by congressional committees -STATUTE- (a) When the Committee on Interstate and Foreign Commerce of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate makes a written request for a record in the possession or under the control of the Interstate Commerce Commission related to a matter involving a rail carrier providing transportation subject to this subtitle, the Commission shall send that record or a copy to the committee by the 10th day after the date of receipt of the request. If the record is not sent, the Commission shall send a written report to that committee within the 10-day period stating the reason why the record has not been sent and the anticipated date on which it will be sent. If the Commission transfers a record in its possession or under its control to another department, agency, or instrumentality of the United States Government, or to a person, it must condition the transfer on the guaranteed return of the record by the transferee to the Commission so that the Commission can comply with this subsection. (b) Subsection (a) of this section does not apply to a record obtained by the Commission from a person subject to regulation by it if the record contains trade secrets or commercial or financial information of a privileged or confidential nature. Subsection (a) of this section does not limit other authority of Congress, either House of Congress, or a committee or subcommittee of either House, to obtain a record. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1344.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10309 49:17(15). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(15); added Feb. 5, 1976, Pub. L. 94-210, Sec. 301, 90 Stat. 47. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- The words 'Committee on Commerce, Science, and Transportation' are substituted for 'Committee on Commerce' to conform to the amendment made to Senate Rule XXV changing the name of the committee. The word 'record' is substituted for 'document' for consistency with other sections of the revised title and with subchapter II of chapter 5 of title 5. In view of the substitution, the last sentence of 49:17(15) is omitted as unnecessary. The word 'send' is substituted for 'submit' as being more appropriate. -CHANGE- CHANGE OF NAME Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980. ------DocID 54951 Document 118 of 1105------ -CITE- 49 USC Sec. 10310 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10310. Reporting official action -STATUTE- (a) The Interstate Commerce Commission shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Commission and, if damages are awarded, the findings of fact supporting the award. The Commission may have its reports published for public use. A published report of the Commission is competent evidence of its contents. (b)(1) When action of the Commission in a matter related to a rail carrier is taken by the Commission, a division, a group of Commissioners, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or another individual or group of individuals designated to take official action for the Commission, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statements, or regulation) shall indicate - (A) the official designation of the individual or group taking the action; (B) the name of each individual taking, or participating in taking, the action; and (C) the vote or position of each participating individual. (2) If an individual member of a group taking an official action referred to in paragraph (1) of this subsection does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1344.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10310(a) 49:14(1), (2), (3) Feb. 4, 1887, ch. (less last 104, Sec. 14(1), sentence). (2), (3) (less last sentence), 24 Stat. 383; Mar. 2, 1889, ch. 382, Sec. 4, 25 Stat. 859; restated June 29, 1906, ch. 3591, Sec. 3, 34 Stat. 589; Feb. 28, 1920, ch. 91, Sec. 417, 41 Stat. 484; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543. 49:304(d) (related Feb. 4, 1887, ch. to reports). 104, 24 Stat. 379, Sec. 204(d) (related to reports); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 546; Sept. 18, 1940, ch. 722, Sec. 20(b)(3), 54 Stat. 922. 49:916(c). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(c); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946. 49:1017(c). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(c); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297. 10310(b) 49:17(9)(j). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(9)(j); added Feb. 5, 1976, Pub. L. 94-210, Sec. 303(a), 90 Stat. 48. ------------------------------- In subsection (a), the words 'enter of record' and 'decisions' are omitted as surplus. The words 'for public use' are substituted for 'form best adapted for public information and use' for clarity. The words 'in all courts of the United States and of the several States without any further proof or authentication thereof' are omitted as surplus. Subsection (b) is made applicable to official action related only to rail carriers since 49:17(9)(j) is governed by the limitation of 49:17(9)(i) which makes paragraph (9) applicable to matters related to rail carriers only. The words 'written statement' are substituted for 'reports in writing and other written statement'. The last sentence is substituted for the last sentence of 49:17(9)(j) for clarity. ------DocID 54952 Document 119 of 1105------ -CITE- 49 USC Sec. 10311 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER I -HEAD- Sec. 10311. Annual report -STATUTE- The Interstate Commerce Commission shall prepare and send to Congress an annual report before April 3 of each year. The Commission shall include in the annual report information that may be of value in answering questions related to regulation of transportation and the names and pay of individuals employed by the Commission. The Commission may include in its annual report, or send to Congress at any time, recommendations for additional legislation related to regulation of transportation. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1345.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10311 49:21. Feb. 4, 1887, ch. 104, Sec. 21, 24 Stat. 387; Mar. 2, 1889, ch. 382, Sec. 8, 25 Stat. 862; May 23, 1935, ch. 136, Sec. 1, 49 Stat. 287; Apr. 21, 1976, Pub. L. 94- 273, Sec. 11(4), 90 Stat. 378. 49:12(1)(a) (words Feb. 4, 1887, ch. after semicolon in 104, 24 Stat. 379, 2d sentence). Sec. 12(1)(a) (words after semicolon in 2d sentence); added Sept. 18, 1940, ch. 722, Sec. 9, 54 Stat. 910; Feb. 5, 1976, Pub. L. 94- 210, Sec. 207, 90 Stat. 42. 49:14(3) (last Feb. 4, 1887, ch. sentence). 104, Sec. 14(3) (last sentence), 24 Stat. 384; Mar. 2, 1889, ch. 382, Sec. 4, 25 Stat. 859; restated June 29, 1906, ch. 3591, Sec. 3, 34 Stat. 589; Feb. 28, 1920, ch. 91, Sec. 417, 41 Stat. 484. 49:304(a)(7) (words Feb. 4, 1887, ch. after semicolon). 104, 24 Stat. 379, Sec. 204(a)(7) (words after semicolon); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 546; June 29, 1938, ch. 811, Sec. 4, 52 Stat. 1237; Sept. 18, 1940, ch. 722, Sec. 20(a), 54 Stat. 922. 49:304(d). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 204(d); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 546; Sept. 18, 1940, ch. 722, Sec. 20(b)(3), 54 Stat. 922. 49:904(b) (words Feb. 4, 1887, ch. after last 104, 24 Stat. 379, semicolon). Sec. 304(b) (words after last semicolon); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 933. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1003(e) (words Feb. 4, 1887, ch. after last 104, 24 Stat. 379, semicolon). Sec. 403(e) (words after last semicolon); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 285. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- The section consolidates and restates the source provision for clarity. The words 'and copies of which shall be distributed as are the other reports transmitted to Congress' in 49:21 are omitted as unnecessary. The words 'and data collected by the Commission' in 49:21 are omitted as surplus. The words 'individuals employed by' are substituted for 'persons employed by' in 49:21 since only natural persons may be employees. The last sentence of 49:14(3) is omitted as unnecessary. REPORT ON APPLICATION OF SURCHARGES AND CANCELLATION OF JOINT RATES; INCLUSION WITHIN ANNUAL REPORT Pub. L. 96-448, title II, Sec. 217(c)(1), Oct. 14, 1980, 94 Stat. 1925, provided that: 'The Interstate Commerce Commission shall include in its annual report to the Congress under section 10311 of title 49, United States Code a report with respect to the application of surcharges and the cancellation of the application of joint rates by the Consolidated Rail Corporation and other rail carriers, during the preceding year, under section 10705a of title 49, United States Code. Each such report shall include - '(A) an analysis of the effect of application of surcharges and the cancellation of the application of joint rates under such section 10705a on shippers, ports, class II and class III rail carriers, railroad employees, and other elements of the rail system; '(B)(i) the number of surcharges applied by the Consolidated Rail Corporation and all other rail carriers under such section 10705a and the amount of revenue received by the Corporation and all other rail carriers from the application of such surcharges, (ii) the number of surcharges applied by the Corporation and all other rail carriers that were canceled under the procedures of such section 10705a, and (iii) the number of cancellations of the application of a joint rate by the Corporation and all other rail carriers under such section 10705a; and '(C) an analysis of the operation of the remedies made available to class III rail carriers under subsections (i), (j), and (k) of such section 10705a and to class II and class III rail carriers under subsection (l) of such section 10705a.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10706, 10709 of this title. ------DocID 54953 Document 120 of 1105------ -CITE- 49 USC SUBCHAPTER II -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATIVE -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 10341, 10343, 10530, 10705, 10724, 10925, 10928, 10929, 11123, 11124, 11125, 11127, 11349 of this title. ------DocID 54954 Document 121 of 1105------ -CITE- 49 USC Sec. 10321 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10321. Powers -STATUTE- (a) The Interstate Commerce Commission shall carry out this subtitle. Enumeration of a power of the Commission in this subtitle does not exclude another power the Commission may have in carrying out this subtitle. The Commission may prescribe regulations in carrying out this subtitle. (b) The Commission may - (1) inquire into and report on the management of the business of carriers providing, and brokers for, transportation and service subject to this subtitle; (2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers or brokers to the extent that the business of that person is related to the management of the business of that carrier or broker; (3) obtain from those carriers, brokers, and persons information the Commission decides is necessary to carry out this subtitle; and (4) consistent with the transportation policy of section 10101 of this title, provide administrative assistance to small motor common carriers of passengers and local governments in preparing for proceedings under sections 10922(c)(2), 10935, and 11501(e) of this title. (c)(1) The Commission, an individual Commissioner, an employee board, and an employee delegated to act under section 10305 of this title may subpena witnesses and records related to a proceeding of the Commission from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpena, the Commission, or a party to a proceeding before the Commission, may petition a court of the United States to enforce that subpena. (2) Subpenas may be signed by a Commissioner, the Secretary of the Commission, or a member of a board when the subpena relates to a matter delegated to the board under section 10305 of this title. (3) The district courts of the United States have jurisdiction to enforce a subpena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpena as a contempt of court. (d)(1) In a proceeding, the Commission may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Commission may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer. (2) If a witness fails to be deposed or to produce records under paragraph (1) of this subsection, the Commission may subpena the witness to take a deposition, produce the records, or both. (3) A deposition may be taken before a judge of a court of the United States, a United States magistrate, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding. (4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition. (5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent. (6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Commission or agreed on by the parties by written stipulation filed with the Commission. A deposition shall be filed with the Commission promptly. (e) Each witness summoned before the Commission or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 97-261, Sec. 24, Sept. 20, 1982, 96 Stat. 1124.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10321(a), (b) 49:12(1)(a) (1st Feb. 4, 1887, ch. sentence, 2d 104, Sec. 12 (less sentence less words (1)(a) (2d sentence after the words after semicolon, and last semicolon and last sentence words sentence words before 1st after 1st semicolon semicolon). and before last semicolon) and less (1)(b)), 24 Stat. 383; Mar. 2, 1889, ch. 382, Sec. 3, 25 Stat. 858; Feb. 10, 1891, ch. 128, Sec. 1, 26 Stat. 743; Feb. 28, 1920, ch. 91, Sec. 415, 41 Stat. 484; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 9, 54 Stat. 910; Feb. 5, 1976, Pub. L. 94-210, Sec. 207, 90 Stat. 42. 49:15(16). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 15(16); added June 29, 1906, ch. 3591, Sec. 4, 34 Stat. 589; restated June 18, 1910, ch. 309, Sec. 12, 36 Stat. 551; Feb. 28, 1920, ch. 91, Sec. 421, 41 Stat. 488; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Feb. 5, 1976, Pub. L. 94- 210, Sec. 202(c), 90 Stat. 36. 49:20b(10). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 20b(10); added Apr. 9, 1948, ch. 646, Sec. 32(a), 62 Stat. 166. 49:304(a) (matter Feb. 4, 1887, ch. before (1), (6), 104, 24 Stat. 379, and (7) (less words Sec. 204(a) (matter after semicolon)). before (1), (6), and (7) (less words after semicolon)); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 546; June 29, 1938, ch. 811, Sec. 4, 52 Stat. 1237; Sept. 18, 1940, ch. 722, Sec. 20(a), 54 Stat. 922. 49:904(a) and (b) Feb. 4, 1887, ch. (less words after 104, 24 Stat. 379, last semicolon). Sec. 304(a) and (b) (less words after last semicolon); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 933. 49:1003 (a) and (e) Feb. 4, 1887, ch. (less words after 104, 24 Stat. 379, last semicolon). Sec. 403 (a) and (e) (less words after last semicolon); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 285. 10321(c)(1) 49:12(1)(a) (last sentence words after semicolon), (2). 49:305(d) (related Feb. 4, 1887, ch. to Commission and 104, 24 Stat. 379, employee board Sec. 205(d) subpena power). (related to Commission and employee board subpena power); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 550; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. 10321(c)(2) 49:17(3) (last 42 Feb. 4, 1887, ch. words of 3d 104, Sec. 17(3) sentence). (last 42 words of 3d sentence), 24 Stat. 385; Mar. 2, 1889, ch. 382, Sec. 6, 25 Stat. 861; Aug. 9, 1917, ch. 50, Sec. 2, 40 Stat. 270; Feb. 28, 1920, ch. 91, Sec. 432, 41 Stat. 493; Feb. 28, 1933, ch. 136, Sec. 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 10321(c)(3) 49:12(3) 49:305(d) (related to Commission and employee board subpena power). 49:916(a). 49:1017(a). 10321(d) (1)-(4) 49:12(4). 49:305(d) (related to depositions taken by Commission and employee boards). 49:916(a). 49:1017(a). 10321(d) (5), (6) 49:12 (5), (6). 49:305(d) (related to depositions taken by Commission and employee boards). 49:916(a). 49:1017(a). 10321(e) 49:12(7). 49:18(1) (last Feb. 4, 1887, ch. sentence). 104, Sec. 18(1) (last sentence), 24 Stat. 383; restated Mar. 2, 1889, ch. 382, Sec. 7, 25 Stat. 861; Feb. 28, 1920, ch. 91, Sec. 433, 41 Stat. 493. 49:305(d) (related to depositions taken by Commission and employee boards). 49:916(a). 49:1017(a). ------------------------------- The section consolidates and restates the source provisions for clarity. In subsection (a), the words 'carry out' are substituted for 'execute' and 'enforce' in 49:12(1)(a) and 304(a)(6) and for 'administer' in 49:304(a)(6), 904(a), and 1003(a) for clarity. In the second sentence, the words 'foregoing' and 'making of an order' from 49:15(16) are omitted as surplus. In subsection (b), the words 'The Commission may' are substituted for 'The Commission shall have authority, in order to perform the duties and carry out the objects for which it was created' and 'and the Commission shall keep itself informed as to the manner and method in which the same are conducted' from 49:12(1)(a) because the authority is discretionary. A similar change has been made for language in 49:304(a) (matter before paragraph (1)), 904(a), and 1003(a). In subsections (c) and (d), the words after the semicolon in 49:305(c) are omitted as unnecessary in view of the restatement. In subsection (c)(1), the word 'records' is substituted for 'books, papers, tariffs, contracts, agreements, and documents'. The word 'proceeding' is substituted for 'proceeding', 'matter', and 'investigation' to eliminate redundancy. In subsection (d)(1), the word 'proceeding' is substituted for 'proceeding or investigation' to eliminate redundancy. In subsection (d)(3), the words 'United States magistrate' are substituted to conform to title 28. The term 'district court' is substituted for 'circuit court' because of the Act of March 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167. In subsection (d)(5), the word 'oath' is substituted for 'cautioned and sworn (or affirm, if he so request)' in view of section 1 of title 1. The words 'to testify the whole truth, and shall be carefully examined' are omitted as surplus. AMENDMENTS 1982 - Subsec. (b)(4). Pub. L. 97-261 added par. (4). -CHANGE- CHANGE OF NAME Reference to United States magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC4- EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10341, 10344 of this title. ------DocID 54955 Document 122 of 1105------ -CITE- 49 USC Sec. 10322 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10322. Commission action and appellate procedure in non-rail proceedings -STATUTE- (a) This section applies to a matter before the Interstate Commerce Commission over which the Commission has jurisdiction under chapter 105 of this title, other than a matter involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of such chapter, or section 10934 or 11501(e). The deadlines set forth in this section do not apply to the following sections of this subtitle: (FOOTNOTE 1) 10525(c), 10530, 10708(b), 10708(f), 10922(i)(2), 10922(i)(4), 10928, 10934(c), 10935, 11345a, and 11701(c). In addition, the deadlines set forth in this section do not apply to any application filed under section 10922(c)(2)(A) of this subtitle (FOOTNOTE 1) for authority to provide regular-route transportation entirely in one State as a motor common carrier of passengers. (FOOTNOTE 1) So in original. Probably should be 'title'. (b)(1) Except as provided in paragraph (2) of this subsection, a division, individual commissioner, employee board, or an employee delegated under section 10305 of this title to make an initial decision in a matter related to a carrier (other than a rail carrier), or, in the case of a matter referred to a joint board under section 10341 of this title, such joint board - (A) shall, in any case in which an oral hearing is held or the Commission has found that an issue of general transportation importance is involved, complete all evidentiary proceedings related to the matter not later than the 180th day following institution of the proceeding and shall issue in writing the initial decision not later than the 270th day following institution of the proceeding; and (B) shall, in the case of all other proceedings subject to this section, issue in writing the initial decision by the 180th day following institution of the proceeding. If evidence is submitted in writing or testimony is taken at an oral hearing, the initial decision shall include specific findings of fact, specific and separate conclusions of law, an order, and justification for the findings of fact, conclusions of law, and order. (2) In any case involving an application for authority to provide motor carrier transportation incidental to trailer-on-flatcar or container-on-flatcar service by rail under subchapter II of chapter 109 of this subtitle, a final decision on such application shall be issued in writing not later than the 180th day following the date such application is filed with the Commission. (3) At the earliest practicable time after the filing of an application for authority under subchapter II of chapter 109 of this title, the Commission shall publish notice of the filing of such application. (c) The Commission, or a division designated by the Commission, may waive the requirement for an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or such division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance or that waiver of the initial decision is required for the timely execution of the Commission's functions. If the requirement for an initial decision is waived, a final decision shall be issued in writing within the time limit established for the issuance of the initial decision under subsection (b) of this section. (d) In a proceeding under this section in which the parties have had at least an opportunity to submit evidence in written form, such parties shall have an opportunity to present arguments to the initial decisionmaker. The decisionmaker shall determine whether the arguments should be presented orally or in writing and may require that written arguments be submitted simultaneously with written submissions of evidence and that oral arguments be presented at an oral hearing. Upon issuance of an initial decision under this section, copies of such decision shall be served on the parties and submitted to the Commission. (e) An initial decision under this section becomes a final decision on the 20th day after it is served on the interested parties, unless - (1) an interested party files an appeal during the 20-day period or, if authorized by the Commission or division designated by the Commission, by the end of an additional period of not more than 20 days; or (2) the Commission stays or postpones under subsection (f)(1) of this section the initial decision not later than the 20th day following the date it is served on the parties. (f)(1) Before an initial decision under this section becomes a final decision, the Commission or a division or an employee board designated by the Commission, may review the initial decision on its own initiative and shall review an initial decision if a timely appeal is filed under subsection (e) of this section. (2) An initial decision may be reviewed on the record on which it is based or by a further hearing. If an initial decision is reviewed, it shall be stayed pending final determination of the matter and it becomes a final decision only after the final determination is made. If a timely appeal is filed under subsection (e) of this section, the final determination shall be made not later than the 50th day after the appeal is filed. If an initial decision under this section is reviewed by the Commission or a division or an employee board designated by the Commission on its own initiative, the final decision shall be made not later than the 50th day after initiation of such review. (3) Notwithstanding the provisions of paragraph (2) of this subsection, if an initial decision under this section is reviewed by further hearing, such review shall be completed, and a final decision made, not later than the 120th day following the date the further hearing is granted. (4) Review of, or appeal from, an initial decision under this section shall be conducted under section 557 of title 5. The Commission may prescribe rules limiting and defining the issues and pleadings on review under subsection (b) of such section. (g)(1) The Commission may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances - (A) reopen a proceeding; (B) grant rehearing, reargument, or reconsideration of an action of the Commission; and (C) change an action of the Commission. An interested party may petition to reopen and reconsider an action of the Commission under this paragraph under regulations of the Commission. (2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division or an employee board designated by the Commission if it finds that - (A) the action involved a matter of general transportation importance; or (B) the action would be affected materially because of clear and convincing new evidence or changed circumstances. An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted. (3) If the Commission initiates any action under paragraph (1) of this subsection, final disposition under such paragraph shall be made not later than the 120th day following the date action is initiated. (h) A final decision under this section shall be effective on the date it is served on the parties, and a civil action to enforce, enjoin, suspend, or set aside the decision may be filed after that date. (i) In extraordinary circumstances, the Commission may extend a time period established by this section, except that the total of all such extensions with respect to any matter subject to the provisions of this section shall not exceed 90 days. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1346; Pub. L. 96-296, Sec. 25(a), July 1, 1980, 94 Stat. 816; Pub. L. 96-454, Sec. 5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97-261, Sec. 6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117, 1119, 1128; Pub. L. 98-554, title II, Sec. 226(c)(1), Oct. 30, 1984, 98 Stat. 2851.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10322 49:17(5). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(5); added Feb. 28, 1933, ch. 136, Sec. 1, 47 Stat. 1368; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; restated Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913; Sept. 14, 1961, Pub. L. 87-247, Sec. 1, 75 Stat. 517. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- The section consolidates and restates the source provisions for clarity. The last sentence of 49:17(5) is omitted as unnecessary in view of section 10305 of the revised title. The words 'initial decision' are substituted for 'finding, report, or requirement' for consistency in view of subchapter II of chapter 5 of title 5. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-554 inserted '10530,' after '10525(c),'. 1982 - Subsec. (a). Pub. L. 97-261, Sec. 6(e), 16(c), 17(b), inserted 'or 11501(e)', substituted '10708(f), 10922(i)(2), 10922(i)(4)' for '10922(h)(2)', inserted '10935,', and inserted provision that the deadlines set forth in this section do not apply to any application filed under section 10922(c)(2)(A) of this subtitle for authority to provide regular-route transportation entirely in one State as a motor common carrier of passengers. Subsec. (b)(3). Pub. L. 97-261, Sec. 28(a), struck out 'in the Federal Register' after 'shall publish'. 1980 - Subsec. (a). Pub. L. 96-454 inserted ', or section 10934' after 'under subchapter I of such chapter' and '10934(c),' after '10928,'. Pub. L. 96-296 completely revised section by incorporating prior provisions of this section, relating to initial decisions in nonrail proceedings, provisions of former section 10323 of this title, relating to rehearing, reargument, and reconsideration in nonrail proceedings, and provisions of former section 10325 of this title, relating to judicial review in nonrail proceedings, into provision designed to streamline the Commission hearing and appellate procedure in nonrail proceedings by, among other things, eliminating multiple levels of appeals, establishing deadlines for Commission action at each stage of the decisionmaking process, and making final decisions effective on the date served on the parties. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-554 effective May 1, 1985, except as otherwise provided, see section 226(d) of Pub. L. 98-554, set out as an Effective Date note under section 10530 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10343, 11345a of this title. ------DocID 54956 Document 123 of 1105------ -CITE- 49 USC Sec. 10323 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- (Sec. 10323. Repealed. Pub. L. 96-296, Sec. 25(b), July 1, 1980, 94 Stat. 818) -MISC1- Section, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1346, related to rehearing, reargument, and reconsideration in nonrail proceedings. See section 10322(g) of this title. ------DocID 54957 Document 124 of 1105------ -CITE- 49 USC Sec. 10324 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10324. Commission action -STATUTE- (a) Unless otherwise provided in this subtitle, the Interstate Commerce Commission may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect. (b) An action of the Commission remains in effect under its own terms or until superseded. The Commission may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Commission. A court of competent jurisdiction may suspend or set aside any such action. (c) An action of the Commission under section 10327 of this title is enforceable, unless the Commission stays or postpones such action. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1347; Pub. L. 96-258, Sec. 1(1), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, Sec. 25(c), July 1, 1980, 94 Stat. 818.) -MISC1- Historical and Revision Notes 1978 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10324(a), (b) 49:15(2). Feb. 4, 1887, ch. 104, Sec. 15(2), 24 Stat. 383; June 29, 1906, ch. 3591, Sec. 4, 34 Stat. 589; June 18, 1910, ch. 309, Sec. 12, 36 Stat. 551; restated Feb. 28, 1920, ch. 91, Sec. 418, 41 Stat. 484; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Feb. 5, 1976, Pub. L. 94- 210, Sec. 302, 90 Stat. 48. 49:16(6). Feb. 4, 1887, ch. 104, Sec. 16(6), 24 Stat. 384; Mar. 2, 1889, ch. 382, Sec. 5, 25 Stat. 859; June 29, 1906, ch. 3591, Sec. 5, 34 Stat. 590; June 18, 1910, ch. 309, Sec. 13, 36 Stat. 534; Feb. 28, 1920, ch. 91, Sec. 425, 41 Stat. 492. 49:321(b), (d) Feb. 4, 1887, ch. (related to orders). 104, 24 Stat. 379, Sec. 221 (b), (d) (related to orders); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 563; Sept. 18, 1940, ch. 722, Sec. 25(b), 54 Stat. 928. 49:915(c), (d). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 315 (c), (d); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946. 49:1016(b), (c). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 416 (b), (c); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 296. 10324(c) 49:17(8). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(8); added Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. ------------------------------- In subsection (b), the word 'change' is substituted for 'modify' for consistency. In subsection (c), the words 'made in accordance with the provisions of this section and the rules and regulations of the Commission' are omitted as surplus because of the reference to section 10323 of the revised title governing applications for rehearing, reargument, and reconsideration, and since the power to prescribe regulations is stated in section 10321 of the revised title. The words 'is enforceable' are substituted for 'pending disposition of the matter by the Commission or appellate division; but otherwise the making of such an application shall not excuse any person from complying with or obeying the decision, order, or requirement, or operate to stay or postpone the enforcement thereof' to eliminate surplus words and for clarity. The subsection is made generally applicable to all Commission action because of section 705 of title 5. 1980 ACT This amends section 10324(c) by making a technical change to conform to the source provisions and make clear that a stay or postponement is automatic on the filing of an application for rehearing, reargument, or reconsideration only when the initial decision is made by a decision maker other than the full Commission. The words 'before the initial decision becomes an action of the Commission' are substituted for 'the decision . . . has not yet become effective' in the source provision for clarity and to conform to sections 10322 and 10323 of title 49. The words 'order, or requirement' are omitted as covered by 'decision'. EXPLANATION OF SENATE AMENDMENTS Section 1(1) of the bill amends section 10324(c) of title 49, United States Code. The amendment mistakenly used the adjective 'initial' in reference to an administrative decision. Secondly, the words 'an action of the Commission' were inadvertently substituted for the word 'effective'. Finally, the words 'those sections' (in section 2 of the bill) were inadvertently substituted for the words 'that section'. These amendments correct the errors in the House passed bill and ensure that the codification conforms to the underlying source laws. AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-296, Sec. 25(c)(1), struck out provision that an action of the Commission in a proceeding involving a motor carrier, a broker, a water carrier, or freight forwarder not take effect for 30 days. Subsec. (c). Pub. L. 96-296, Sec. 25(c)(2), substituted provision making an action by the Commission under section 10327 of this title enforceable unless the Commission stays or postpones it for provision making an action by the Commission enforceable unless application for rehearing, reargument, or reconsideration was made under section 10323 of this title before the effective date of the action or the Commission stayed or postponed it. Pub. L. 96-258 amended subsec. (c) generally, substituting provisions requiring the Commission to stay or postpone a decision made by a division, an individual Commissioner, a board, or an employee if an application for rehearing, reargument, or reconsideration is made under section 10323 of this title before the decision becomes effective and providing that a stay or postponement is effective until the Commission or appellate division disposes of the matter for provisions providing that an action of the Commission is enforceable unless application for rehearing, reargument, or reconsideration is made under section 10323 of this title before the effective date of the action. ------DocID 54958 Document 125 of 1105------ -CITE- 49 USC Sec. 10325 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- (Sec. 10325. Repealed. Pub. L. 96-296, Sec. 25(d), July 1, 1980, 94 Stat. 818) -MISC1- Section, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1347, provided for judicial review in nonrail proceedings. See section 10322(h) of this title. ------DocID 54959 Document 126 of 1105------ -CITE- 49 USC Sec. 10326 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10326. Limitations in rulemaking proceedings related to rail carriers -STATUTE- (a) When, under section 553(e) of title 5, an interested person (including a governmental authority) petitions the Interstate Commerce Commission to begin a rulemaking proceeding in a matter related to a rail carrier providing transportation subject to this subtitle, the Commission, or a division, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or another person authorized to act on behalf of the Commission for any part of the proceeding, shall grant or deny that petition by the 120th day after receiving it. If the petition is granted, the Commission, or its delegate, shall begin an appropriate proceeding as soon as practicable. If the petition is denied, the reasons for the denial shall be published in the Federal Register. (b)(1) If a petition is denied or action is not taken within the 120-day period under subsection (a) of this section, the petitioner may begin a civil action in an appropriate court of appeals of the United States for an order directing the Commission to begin a proceeding to take the action requested in the petition. A civil action under this subsection must be filed by the 60th day after the date of the denial or by the 60th day after the end of the 120-day period, whichever is appropriate. (2) The court of appeals shall order the Commission to begin the action requested in the petition to the Commission if the court finds that the action requested in that petition is necessary and failure to take that action will result in the continuation of practices that are not consistent with the public interest or are not in accordance with this subtitle. The finding of the court must be based on a preponderance of the evidence in the record before the Commission or its delegate, or, if the civil action is based on a petition on which action was not taken, in a new proceeding before the court. The court may not require the Commission to take action under this subtitle other than to begin a rulemaking proceeding. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1348.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10326 49:13(6). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 13(6); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(b), 90 Stat. 52. ------------------------------- The section restates the source provision for clarity. In subsection (a), the word 'an employee delegated to act under section 10305 of this title' are substituted for 'administrative law judge' for consistency in view of section 3105 of title 5 and because the delegation under section 10305 may only be made to an administrative law judge. ------DocID 54960 Document 127 of 1105------ -CITE- 49 USC Sec. 10327 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10327. Commission action and appellate procedure in rail carrier proceedings -STATUTE- (a) This section applies to a matter before the Interstate Commerce Commission involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title. However, other sections of this subtitle related to action of the Commission in proceedings involving rail carriers supersede this section to the extent that they are inconsistent with the provisions of this section related to deadlines. (b) A division, individual Commissioner, employee board, or employee delegated under section 10305 of this title to make an initial decision in a matter related to one of those rail carriers shall complete all evidentiary proceedings related to the matter by the 180th day after assignment of the matter. The initial decision shall be submitted to the Commission in writing. If evidence is submitted in writing or testimony is taken at a public hearing, the initial decision shall be submitted to the Commission in writing by the 120th day after completion of all evidentiary proceedings and shall include - (1) specific findings of fact; (2) specific and separate conclusions of law; (3) an order; and (4) justification of the findings of fact, conclusions of law, and order. (c) The Commission, or a division designated by the Commission, may void the requirement of an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or that division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance, or that it is required for the timely execution of its functions. (d) In a proceeding under this section, after the parties have had at least an opportunity to submit evidence in written form, the Commission shall give them an opportunity for briefs, written statements, or conferences of the parties. A conference of the parties must be chaired by a division, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or an employee designated by the Commission. (e) Copies of an initial decision under subsection (b) of this section shall be served on the interested parties. An initial decision becomes an action of the Commission on the 20th day after it is served on the interested parties, unless - (1) an interested party files an appeal during the 20-day period, or by the end of an additional period of not more than 20 days, if authorized by the Commission or division designated by the Commission; or (2) the Commission stays or postpones the initial decision under subsection (g)(2) or (j) of this section within the period or additional period referred to in clause (1) of this subsection. (f)(1) Before an initial decision becomes an action of the Commission, the Commission, or a division or board designated by the Commission, may review the initial decision on its own initiative, and shall review an initial decision if an appeal is filed under subsection (e)(1) of this section. However, a board may not decide an appeal from an initial decision if the appeal may be further appealed to the Commission. (2) An initial decision may be reviewed on the record on which it is based or by a further hearing. If an initial decision is reviewed, it shall be stayed pending final determination of the matter, and it is an action of the Commission only after the final determination is made. If an appeal is filed under subsection (e)(1) of this section, the final determination shall be made by the 180th day after the appeal is filed. (3) Review of, or appeal from, an initial decision shall be conducted under section 557 of title 5. The Commission may prescribe rules limiting and defining the issues and pleadings on review under section 557(b) of that title. (g)(1) The Commission may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances - (A) reopen a proceeding; (B) grant rehearing, reargument, or reconsideration of an action of the Commission; and (C) change an action of the Commission. An interested party may petition to reopen and reconsider an action of the Commission under this paragraph under regulations of the Commission. (2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division designated by the Commission if it finds that - (A) the action involves a matter of general transportation importance; or (B) the action would be affected materially because of clear and convincing new evidence or changed circumstances. An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted. (h) An action of the Commission under this section and an action of a designated division under subsection (c) of this section is effective on the 30th day after service on the parties to the proceeding unless the Commission provides for it to become effective on an earlier date. (i) Notwithstanding this subtitle, an action of the Commission under this section and an action of a designated division under subsection (c) of this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date. (j) The Commission may extend a time period established by this section for a period of not more than 90 days. The extension shall be granted if a majority of the Commissioners agree to it by public vote. (k) If an extension granted under subsection (j) of this section is not sufficient to allow for completion of necessary proceedings, the Commission may grant a further extension in an extraordinary situation if - (1) a majority of the Commissioners agree to the further extension by public vote; and (2) not later than the 15th day before expiration of the extension granted under subsection (j) of this section, the Commission submits a written report to the Congress that a further extension has been granted. The report shall include - (A) a full explanation of the reasons for the further extension; (B) the anticipated duration of the further extension; (C) the issues involved in the matter before the Commission; and (D) the names of personnel of the Commission working on the matter. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1348; Pub. L. 96-258, Sec. 1(2), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, Sec. 25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97-375, title I, Sec. 113, Dec. 21, 1982, 96 Stat. 1821.) -MISC1- Historical and Revision Notes 1978 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10327(a) 49:17(9)(i). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(9) (less (j)); added Feb. 5, 1976, Pub. L. 94- 210, Sec. 303(a), 90 Stat. 48; Oct. 19, 1976, Pub. L. 94- 555, Sec. 220(j), 90 Stat. 2630. 10327(b) 49:17(9)(b) (1st sentence). 10327(c) 49:17(9)(b) (2d sentence). 10327(d) 49:17(9)(a). 10327(e) 49:17(9)(b) (less 1st and 2d sentences). 10327(f) 49:17(9)(c). 10327(g) (1) 49:17(9)(g). 10327(g) (2) 49:17(9)(d) (less 1st sentence). 10327(h) 49:17(9)(d) (1st sentence). 10327(i) 49:17(9)(h). 10327(j) 49:17(9)(e). 10327(k) 49:17(9)(f). ------------------------------- The section restates the source provision for clarity. In subsections (b) and (d), the words 'employee delegated under section 10305 of this title' are substituted for 'an administrative law judge' for consistency because the delegation under that section may be made only to an administrative law judge. In subsection (d), the word 'section' is substituted for 'chapter' for consistency since 49:17(9) by its own term applies only to matters involving rail carriers. See also, Report of the Committee on Conference (S. Rep. 94-595, 94th Cong.), 162. In subsection (g)(1), the word 'change' is substituted for 'reverse, change, or modify' to eliminate redundancy. The words 'for leave to request reopening' are omitted as surplus. In subsection (i), the word 'section' is substituted for 'paragraph' to conform the subsection to the remainder of the section. The words 'in a court of the United States pursuant to the provisions of law which are applicable to suits to enforce, enjoin, suspend, or set aside orders of the Commission' are omitted as surplus in view of the jurisdictional language of chapters 157 and 158 of title 28. 1980 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10327(k) (1) 49:17(9)(f)(i). Nov. 8, 1978, Pub. L. 95-611, Sec. 5, 92 Stat. 3090. ------------------------------- AMENDMENTS 1982 - Subsec. (j). Pub. L. 97-375 struck out direction that the Commission send a written annual report to each House of Congress about extensions granted under this subsection, and provision that the report specify each extension granted (classified by type of proceeding involved) together with the reasons for and duration of each extention. 1980 - Subsec. (a). Pub. L. 96-296 substituted 'This' for 'Notwithstanding sections 10322, 10323, and 10324(c) of this title, this'. Subsec. (k)(1). Pub. L. 96-258 substituted 'a majority of the Commissioners' for 'at least 7 Commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10324, 11345 of this title. ------DocID 54961 Document 128 of 1105------ -CITE- 49 USC Sec. 10328 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10328. Intervention -STATUTE- (a) Designated representatives of employees of a carrier may intervene and be heard in a proceeding arising under this subtitle that affects those employees. (b)(1) Under regulations of the Interstate Commerce Commission, reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this subtitle related to transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be given to interested persons. (2) The Commission may adopt, after a rulemaking proceeding in accordance with the provisions of section 553 of title 5, a special procedure for providing interested parties reasonable notice of applications to provide transportation as a motor or water common or contract carrier or household goods freight forwarder, or to be a broker for transportation, under sections 10922, 10923, 10924, and 10928 of this title, or applications for removal of operating restrictions under section 10922 of this title. The special procedure may consist of printing and distributing to subscribers an independent publication to provide notice of such applications, if the Commission finds, as a result of its rulemaking proceedings, that such method of providing notice would not be unduly burdensome to the public. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1350; Pub. L. 97-261, Sec. 28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99-521, Sec. 5(a), Oct. 22, 1986, 100 Stat. 2994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10328(a) 49:17(12). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 17(12); added Sept. 18, 1940, ch. 722, Sec. 12, 54 Stat. 913; Feb. 5, 1976, Pub. L. 94- 210, Sec. 303(a), 90 Stat. 48. 49:305(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(h); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c), 54 Stat. 922. 49:916(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 316(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(b), 84 Stat. 931. 49:1017(a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 417(a); added May 16, 1942, ch. 318, Sec. 1, 56 Stat. 297; Oct. 15, 1970, Pub. L. 91- 452, Sec. 243(c), 84 Stat. 931. 10328(b) 49:305(e). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 205(e); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 550; restated June 20, 1938, ch. 811, Sec. 7, 52 Stat. 1238; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. ------------------------------- In subsection (a), the words 'this chapter and chapters 8 and 12 of this title' from 49:17(12) are omitted as surplus. Subsection (b) restates the source provision for clarity and for consistency in view of section 10342(b) of the revised title. The words 'an opportunity to intervene and participate in' are substituted for 'opportunity for intervention in any such proceeding for the purpose of making representations to the Commission or for participating in a hearing, if a hearing is held, shall be afforded' as being more inclusive and for clarity in view of the restatement. The word 'persons' is substituted for 'parties' as being more accurate. AMENDMENTS 1986 - Subsec. (b)(2). Pub. L. 99-521 inserted 'household goods' before 'freight forwarder'. 1982 - Subsec. (b). Pub. L. 97-261 redesignated existing provisions as par. (1), struck out 'that is, or is proposed to be, provided in a State' after 'chapter 105 of this title', struck out provision that notice of a proceeding was to be given to the authority in the State having jurisdiction to regulate intrastate motor vehicle commerce therein, or if there were no such authority, to the State's chief executive officer, and added par. (2). EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99-521, set out as a note under section 10102 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11344 of this title. ------DocID 54962 Document 129 of 1105------ -CITE- 49 USC Sec. 10329 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10329. Service of notice in Commission proceedings -STATUTE- (a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall designate an agent in the District of Columbia, on whom service of notices in a proceeding before, and of actions of, the Commission may be made. (2) A motor carrier, a broker, a water carrier, or a household goods freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 of this title shall designate an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Commission may be made. (b) A designation under subsection (a) of this section shall be in writing and filed with the Commission. A motor carrier or broker providing transportation under a certificate or permit issued under this subtitle shall also file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made. (c) Except as otherwise provided, notices of the Commission shall be served as follows: (1) A notice of the Commission to a rail, express, sleeping car, or pipeline carrier is served on its designated agent at the office or usual place of residence in the District of Columbia of that agent. A notice of action of the Commission shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission. (2) A notice to a motor carrier or broker is served personally or by mail on the motor carrier or broker or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier or broker does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier or broker maintains headquarters and in the office of the Secretary of the Commission. (3) A notice to a water carrier or household goods freight forwarder is served personally or by mail on the water carrier or household goods freight forwarder or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when notice is served. If a water carrier or household goods freight forwarder does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission. (d) In a proceeding involving the lawfulness of classifications, rates, or practices of (1) a rail, express, sleeping car, or pipeline carrier that has not designated an agent under this section, or (2) a household goods freight forwarder, service of notice of the Commission on an attorney in fact who filed the tariff for the carrier constitutes service of notice on the carrier. (e) In a proceeding involving the lawfulness of classifications, rates, or practices - (1) service of notice of the suspension of a tariff on an attorney in fact of a carrier or broker, except a freight forwarder, constitutes service of notice on the carrier or broker if that attorney filed the tariff and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved; and (2) service of notice of the suspension of a joint tariff or schedule on a carrier or a broker, except a freight forwarder, that filed that tariff or schedule to which another carrier or broker is a party and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved, constitutes service of notice on all carriers or brokers that are parties to the joint tariff. Service of notice under this subsection may be made by mail on that attorney or carrier at the address shown in the tariff. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 99-521, Sec. 5(b), Oct. 22, 1986, 100 Stat. 2994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10329(a) (1) 49:50 (related to June 18, 1910, ch. notice less 22d and 309, Sec. 6, 36 23d and 68th-98th Stat. 544; Oct. 22, words and words 1913, ch. 32, Sec. after semicolon). 1, 38 Stat. 219. 10329(a) (2) 49:321(a) (1st Feb. 4, 1887, ch. sentence less 'in 104, 24 Stat. 379, writing'), (d) Sec. 221(a) and (d) (related to notice). (related to notice); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 563; Sept. 18, 1940, ch. 722, Sec. 25(a), 54 Stat. 928; Aug. 2, 1949, ch. 379, Sec. 14, 63 Stat. 487. 49:915(a) (1st Feb. 4, 1887, ch. sentence less 'in 104, 24 Stat. 379, writing'). Sec. 315(a); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 946; Aug. 9, 1949, ch. 379, Sec. 19, 63 Stat. 489. 49:1016(a) (1st Feb. 4, 1887, ch. sentence less 'in 104, 24 Stat. 379, writing'). Sec. 416(a); added May 16, 1942, ch. 318, Sec. 1, 56 stat. 296. 10329(b) 49:50 (related to notice 22d and 23d and 68th-98th words and less words after semicolon). 49:321(a) (1st and 2d sentences less 'in writing' in 1st sentence). 49:915(a) (1st and 2d sentences less 'in writing' in 1st sentence). 49:1016(a) (1st and 2d sentences less 'in writing' in 1st sentence). 10329(c) (1) 49:16(5) (1st Feb. 4, 1887, ch. sentence). 104, Sec. 16(5), 24 Stat. 384; Mar. 2, 1889, ch. 382, Sec. 5, 25 Stat. 859; June 29, 1906, ch. 3591, Sec. 5, 34 Stat. 590; restated June 18, 1910, ch. 309, Sec. 13, 36 Stat. 534; Feb. 28, 1920, ch. 91, Sec. 425, 41 Stat. 492; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, Sec. 11(b), 54 Stat. 913; Aug. 2, 1949, ch. 379, Sec. 6, 63 Stat. 486. 49:50 (related to notice less words before semicolon). 10329(c) (2) 49:321(a) (3d, 4th, and 5th sentences). 10329(c) (3) 49:915(a) (3d, 4th, and 5th sentences). 49:1016(a) (3d, 4th, and 5th sentences). 10329(d) 49:16(5) (2d sentence less proviso). 49:1016(a) (6th sentence). 10329(e) 49:16(5) (proviso of 2d sentence and last sentence). 49:321(a) (less 1st- 5th sentences). 49:915(a) (less 1st- 5th sentences). ------------------------------- The section restates the source provisions for clarity. In subsection (a), the word 'shall' is substituted for 'It shall be the duty of' in 49:50, 321(a), 915(a), and 1016(a) for clarity. The words 'city of Washington' in 49:50 are omitted as surplus. In subsection (c)(1), the words 'with like effect as if made personally upon such' in 49:50 are omitted as surplus. In subsections (d) and (e), the word 'constitutes' is substituted for 'shall be deemed to be due and sufficient' in 49:16(5), 321(a), 915(a), and 1016(a). The word 'rates' is substituted for 'rates, fares, charges' in view of the definition of 'rates' in section 10102 of the revised title. The word 'tariff' is substituted for 'tariff' and 'schedule' in view of the definition of 'tariff' in section 10102 of the revised title. The words 'but such manner of service shall not be considered as excluding service in any other manner authorized by law' in 49:321(a) and 915(a) are omitted as surplus in view of the introductory language of subsection (c) and the organization of subsections (d) and (e). AMENDMENTS 1986 - Subsecs. (a)(2), (c)(3), (d). Pub. L. 99-521 inserted 'household goods' before 'freight forwarder' wherever appearing. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99-521, set out as a note under section 10102 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10927 of this title. ------DocID 54963 Document 130 of 1105------ -CITE- 49 USC Sec. 10330 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER II -HEAD- Sec. 10330. Service of process in court proceedings -STATUTE- (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall designate an agent in the District of Columbia on whom service of process in an action before a district court may be made. Except as otherwise provided, process in an action before a district court shall be served on the designated agent of that carrier at the office or usual place of residence in the District of Columbia of that agent. If the carrier does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission. (b) A motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, including a motor carrier or broker operating within the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier or broker. The designation shall be in writing and filed with the Commission and with the authority of each State in which the motor carrier or broker operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier or broker within that State. (c) A designation under this section may be changed at any time in the same manner as originally made. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1352.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10330(a) 49:50 (related to June 18, 1910, ch. process less 14 309, Sec. 6 words before (related to semicolon). process), 36 Stat. 544; Oct. 22, 1913, ch. 32, 38 Stat. 219, 220. 10330(b) 49:321(c) (less 2d Feb. 4, 1887, ch. sentence), (d) 104, 24 Stat. 379, (related to Sec. 221(c), (d) process). (related to process); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 563; restated July 22, 1954, ch. 563, Sec. 3, 68 Stat. 526. 10330(c) 49:50 (related to process 14 words before semicolon). 49:321(c) (2d sentence). ------------------------------- The section restates the source provisions for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10927 of this title. ------DocID 54964 Document 131 of 1105------ -CITE- 49 USC SUBCHAPTER III -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER III -HEAD- SUBCHAPTER III - JOINT BOARDS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1671, 2001 of Appendix to this title. ------DocID 54965 Document 132 of 1105------ -CITE- 49 USC Sec. 10341 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER III -HEAD- Sec. 10341. Jurisdiction -STATUTE- (a) The Interstate Commerce Commission may refer a matter related to motor carriers providing, or brokers for, transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, to a joint board established under section 10342 of this title for action. When the operation of a motor carrier or broker involves not more than 3 States, the Commission shall refer the following matters to a joint board for action when an opportunity for a proceeding is required or when the Commission finds that it is desirable: (1) an application for a certificate, permit, or license. (2) a suspension, change, or revocation of a certificate, permit, or license. (3) an application for approval and authorization of a consolidation, merger, or acquisition of control or of an operating contract. (4) a complaint about a violation by a motor carrier or broker of a requirement established under section 10321(a), 10525, 11101(b), or 11142(b) of this title. (5) a complaint about rates of motor carriers or practices of brokers. (b) Notwithstanding subsection (a) of this section, if the Commission is prevented by legal proceedings from referring a matter to a joint board, the Commission may determine the matter under subchapter II of this chapter. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1352.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10341 49:303(a)(4), 305(a) Feb. 4, 1887, ch. (1st and 2d 104, 24 Stat. 379, sentences), (b) (2d Sec. 203(a)(4), sentence 13th-37th 205(a) (1st and 2d words). sentences), (b) (2d sentence 13th-37th words); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; June 29, 1938, ch. 811, Sec. 6(a), 52 Stat. 1237; Sept. 18, 1940, ch. 722, Sec. 20(c)(2)- (5), 54 Stat. 922; July 26, 1949, ch. 361, Sec. 1, 63 Stat. 479. ------------------------------- The first sentence is substituted for 49:305(a) (2d sentence) and the words 'and the Commission may, in its discretion, when operations of motor carriers or brokers conducted or proposed to be conducted involve more than three States' for clarity since the source provision only limits the discretionary power of the Commission when the matter involves not more than 3 States and concerns one of the enumerated items. The word 'proceeding' is substituted for 'hearing' for consistency in view of subchapter II of chapter 5 of title 5. The words 'under subchapter II of chapter 105 of this title' are substituted for 'as provided in section 17 of this title' to conform to the restatement. The words 'Provided, however, That' are omitted as surplus. The words 'section 10321(a), 10525, 11101(b), or 11142(b) of this title' are substituted for 'section 304(a) of this title' to cite the corresponding revised sections. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10305, 10322, 10342, 10343 of this title. ------DocID 54966 Document 133 of 1105------ -CITE- 49 USC Sec. 10342 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER III -HEAD- Sec. 10342. Establishment -STATUTE- (a) The Interstate Commerce Commission may establish and abolish joint boards as necessary to carry out section 10341 of this title. Except as provided in this section, a joint board is composed of a member from each State in which transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title is, or is proposed to be, provided. The Commission may appoint an individual nominated under subsection (b) of this section as a member of a joint board. (b) The member of a joint board from a State shall be nominated by the State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State. If there is no such authority in that State or if that authority does not nominate a member when requested by the Commission, the chief executive officer of the State may nominate the member. If both that State authority and the chief executive officer of that State do not nominate a member when requested, the board is constituted without a member from that State if the Commission has appointed members for at least 2 other States to the board. (c) When a matter required to be referred to a joint board involves the operation of a motor carrier in or through a place outside the United States, if only one State is involved or if only one State nominates an individual to be a member of the joint board, that State may nominate and the Commission may appoint not more than 3 members to the board. (d) A substitution in the membership of a joint board may be made at any time in the same manner as an initial nomination and appointment under this section. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1353.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10342(a) 49:305(a) (3d Feb. 4, 1887, ch. sentence less 104, 24 Stat. 379, proviso), (b) (1st, Sec. 205(a) (3d 3d, 5th, and 12th sentence less sentences). proviso), (b) (1st, 3d, 4th-6th, 10th, 12th, and last sentences); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2)-(4), 54 Stat. 922; July 26, 1949, ch. 361, Sec. 1, 63 Stat. 479. 10342(b) 49:303(a)(2). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 203(a)(2); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 544. 49:305(b) (4th and 6th sentences). 10342(c) 49:305(b) (10th sentence). 10342(d) 49:305(b) (less 1st- 12th sentences). ------------------------------- In subsection (a) the 1st sentence is substituted for 49:305(b) (1st and 11th sentences) for clarity. The word 'composed' is substituted for 'consist' for consistency. The words 'in which transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title' are substituted for 'in which the motor carrier or brokerage operations involved' for consistency. The words 'approved by it' are omitted as surplus. In subsection (b), the words 'State authority' are substituted for 'the commission, board, or official (by whatever name designated in the laws of a State)' as being more inclusive. The words 'having jurisdiction to regulate intrastate transportation by motor vehicles on the highways of that State' are substituted for 'which, under the laws of any State in which any part of the service in interstate or foreign commerce regulated by this chapter is performed, has or may hereafter have jurisdiction to grant or approve certificates of public convenience and necessity or permits to motor carriers, or otherwise to regulate the business of transportation by motor vehicles, in intrastate commerce over the highways of such State' in 49:303(a)(2) for clarity and as being more inclusive. In view of that substitution, the definitions of 'board' and 'State board' are omitted as unnecessary. The words 'does not' are substituted for 'fails to make' for clarity. The words 'chief executive officer of that State' are substituted for 'Governor of such State' for consistency in view of the inclusion of the District of Columbia in the definition of 'State' in section 10102 of the revised title. The words 'if the Commission has appointed' are substituted for 'if . . . shall have been nominated and approved by the Commission' as being more accurate since the Commission has the appointment power. In subsection (c), the word 'matter' is substituted for 'proceeding' for consistency. The words 'that State may nominate and the Commission may appoint' are substituted for 'then the Commission, in such case, may receive from that State the nomination . . . and may appoint such nominees' for clarity. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10341, 10343 of this title. ------DocID 54967 Document 134 of 1105------ -CITE- 49 USC Sec. 10343 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER III -HEAD- Sec. 10343. Powers -STATUTE- (a) When conducting a proceeding involving a matter referred under section 10341 of this title, a joint board may make an initial decision under section 10322 of this title. Subchapter II of this chapter applies to an initial decision of a joint board. However, a joint board may report to the Interstate Commerce Commission its conclusions on evidence received without making an initial decision. When a joint board makes a report instead of an initial decision, the Commission shall decide the matter. The Commission may consider the conclusions of the joint board in making its decision. (b) A joint board may make an initial decision or report of its conclusions only by a majority vote. However, if only one member of the board participates in the proceeding, that member shall make the initial decision alone. (c) When a member of a joint board does not participate in a proceeding referred to that board, after notice of the proceeding, the State from which that member was appointed waives its right to act in that proceeding. The waiver does not affect the duty or power of remaining members of the board to continue the proceeding and make an initial decision. (d) In addition to decisions made under subsection (a) of this section, the Commission shall decide a matter referred to a joint board when - (1) the authority of each State from which a member of the board may be appointed waives action on a matter referred to that board; (2) a joint board does not act, or cannot agree, on a matter referred to it in 45 days after the matter is referred to it (or in another period authorized by the Commission); or (3) a member is nominated for only one State, except as provided in section 10342(c) of this title. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1353.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10343(a) 49:305(a) (less 1st- Feb. 4, 1887, ch. 3d sentences). 104, 24 Stat. 379, Sec. 205(a) (less 1st-3d sentences); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 549; June 29, 1938, ch. 811, Sec. 6(b), 52 Stat. 1237; Sept. 18, 1940, ch. 722, Sec. 20(c)(2)-(4), 54 Stat. 922. 10343(b) 49:305(b) (7th Feb. 4, 1887, ch. sentence). 104, 24 Stat. 379, Sec. 205(b) (7th- 9th sentences); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2)-(4), (d), 54 Stat. 922; restated July 26, 1949, ch. 361, Sec. 1, 63 Stat. 479. 10343(c) 49:305(b) (9th sentence). 10343(d) 49:305(b) (8th sentence). ------------------------------- In subsection (a), the words 'may make an initial decision under section 10322 of this title. Subchapter II of this chapter applies to an initial decision of a joint board' are substituted for 'shall be vested with the same rights, duties, powers, and jurisdiction as are hereinbefore vested in members or examiners of the Commission to whom a matter is referred for hearing and the recommendation of an appropriate order thereon' and for 49:305(a) (5th sentence) for consistency in view of the restatement of 49:17 as made applicable to 49: ch. 8, by 49:305(h). The word 'However' is substituted for 'Provided, however, That' for clarity. The words 'in its discretion' are omitted as surplus. The words 'if any' are omitted as surplus. The words 'may consider the conclusions . . . in making its decision' are substituted for 'giving such weight to such conclusions as in its judgment the evidence may justify' for clarity. In subsection (b), the word 'However' is substituted for 'Provided, however, That' for clarity. The word 'proceeding' is substituted for 'hearing' for clarity in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words 'shall constitute a quorum' are omitted as unnecessary in view of the restatement. In subsection (c), the words 'the State . . . waives its right to act in that proceeding' are substituted for 'shall be considered to constitute, as to the matter referred, a waiver of action on the part of the State' for clarity. The words 'if any' are omitted as surplus. In subsection (d), the words 'the Commission shall decide . . . when' are substituted for 'then such matter shall be decided as in the case of any matter not required to be referred to a joint board' for clarity. The word 'authority' is substituted for 'governmental entity' for consistency. ------DocID 54968 Document 135 of 1105------ -CITE- 49 USC Sec. 10344 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER III -HEAD- Sec. 10344. Administration -STATUTE- (a) Meetings and procedures of joint boards shall be conducted under regulations of the Interstate Commerce Commission. The Commission may designate an employee appointed under section 3105 of title 5 to advise and assist a joint board. (b) When practicable and when directed by the Commission, a proceeding involving a matter referred to a joint board shall be held at a place in the United States that is convenient to the parties to the proceeding. (c) The members of joint boards and employees designated to advise and assist them under subsection (a) of this section may administer oaths, subpena witnesses and the production of records, and take depositions under section 10321 of this title related to matters referred to the boards. (d) When carrying out this subtitle, members of joint boards shall receive an allowance for travel and subsistence expenses as the Commission shall provide. (e) A member of a joint board may not have a pecuniary interest in, hold an official relation to, or own securities of, a carrier providing transportation by any mode. (f) The Administrator of General Services shall assign space and facilities in the Interstate Commerce Commission building not required by the Commission for the use of the national organization of the State commissions and their representatives. The space and facilities shall be available for the use of joint boards and for members and representatives of those boards cooperating with the Commission or with another department, agency, or instrumentality of the United States Government. If suitable space is not available in the Interstate Commerce Commission building, the Administrator shall assign space in another building in convenient proximity to it. The Commission shall pay the rent for any space or facilities assigned under this subsection at rates determined in accordance with section 210(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(j)). -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1354; Pub. L. 96-296, Sec. 36, July 1, 1980, 94 Stat. 826.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10344(a) 49:305(a) (3d Feb. 4, 1887, ch. sentence proviso), 104, 24 Stat. 379, (b) (2d sentence Sec. 205(a) (3d 1st-12th words). sentence proviso), (b) (2d sentence 1st-12th words and 11th sentence); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 548; Sept. 18, 1940, ch. 722, Sec. 20(c)(2)-(5), 54 Stat. 922; July 26, 1949, ch. 361, Sec. 1, 63 Stat. 479. 10344(b) 49:305(c) (related Feb. 4, 1887, ch. to joint boards). 104, 24 Stat. 379, Sec. 205(c) (related to joint boards); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 549; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 10344(c) 49:305(d) (related Feb. 4, 1887, ch. to joint boards). 104, 24 Stat. 379, Sec. 205(d) (related to joint boards), (f) (4th sentence), and (i) (related to joint boards); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 550; Sept. 18, 1940, ch. 722, Sec. 20(c)(2), 54 Stat. 922. 10344(d) 49:305(b) (11th sentence). 10344(e) 49:305(i) (related to joint boards). 10344(f) 49:305(f) (4th sentence). ------------------------------- In subsection (a), the first sentence is substituted for 'The Commission shall prescribe rules governing meetings and procedure of joint boards' for clarity and consistency in view of the general power of the Commission to prescribe regulations under section 10321 of the revised title. In subsection (b), the words 'by rule or order' are omitted as surplus. The word 'proceeding' is substituted for 'hearings' for consistency. In subsection (c), the words after the semicolon in the source provision are omitted as unnecessary in view of the restatement and because of part V of title 18. In subsection (f), the words 'Administrator of General Services' are substituted for 'Government authority controlling the allocation of space' as being more precise. The words 'department, agency, or instrumentality' are substituted for 'Federal commission or department' for consistency and as being more precise. AMENDMENTS 1980 - Subsec. (f). Pub. L. 96-296 inserted provision authorizing the Commission to pay the rent for any space or facilities assigned under this subsection at rates determined in accordance with section 490(j) of title 40. USE OF GOVERNMENT TRANSPORTATION REQUESTS BY MEMBERS OF JOINT BOARDS Provisions authorizing joint board members to use government transportation requests when traveling in connection with their duties as such were contained in the following acts: Nov. 5, 1990, Pub. L. 101-516, title II, 104 Stat. 2177. Nov. 21, 1989, Pub. L. 101-164, title II, 103 Stat. 1090. Sept. 30, 1988, Pub. L. 100-457, title II, 102 Stat. 2144. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(l) (title II), 101 Stat. 1329-358, 1329-375. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(l) (H.R. 5205, title II), 100 Stat. 1783-308, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(l) (H.R. 5205, title II), 100 Stat. 3341-308. Dec. 19, 1985, Pub. L. 99-190, Sec. 101(e) (title II), 99 Stat. 1267, 1283. Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(i) (title II), 98 Stat. 1944, 1959. Aug. 15, 1983, Pub. L. 98-78, title II, 97 Stat. 468. Dec. 18, 1982, Pub. L. 97-369, title II, 96 Stat. 1779. Dec. 23, 1981, Pub. L. 97-102, title II, 95 Stat. 1456. Oct. 9, 1980, Pub. L. 96-400, title II, 94 Stat. 1692. Nov. 30, 1979, Pub. L. 96-131, title II, 93 Stat. 1034. Aug. 4, 1978, Pub. L. 95-335, title II, 92 Stat. 446. Aug. 2, 1977, Pub. L. 95-85, title II, 91 Stat. 413. Aug. 14, 1976, Pub. L. 94-387, title II, 90 Stat. 1182. Nov. 24, 1975, Pub. L. 94-134, title II, 89 Stat. 707. Aug. 28, 1974, Pub. L. 93-391, title II, 88 Stat. 778. Aug. 16, 1973, Pub. L. 93-98, title II, 87 Stat. 338. Aug. 22, 1972, Pub. L. 92-398, title II, 86 Stat. 588. Aug. 10, 1971, Pub. L. 92-74, title II, 85 Stat. 211. Dec. 26, 1969, Pub. L. 91-168, title II, 83 Stat. 461. Oct. 4, 1968, Pub. L. 90-550, title I, 82 Stat. 944. Nov. 3, 1967, Pub. L. 90-121, title I, 81 Stat. 349. Sept. 6, 1966, Pub. L. 89-555, title I, 80 Stat. 675. Aug. 16, 1965, Pub. L. 89-128, title I, 79 Stat. 533. Aug. 30, 1964, Pub. L. 88-507, title I, 78 Stat. 657. Dec. 19, 1963, Pub. L. 88-215, title I, 77 Stat. 439. Oct. 3, 1962, Pub. L. 87-741, title I, 76 Stat. 730. Aug. 17, 1961, Pub. L. 87-141, title I, 75 Stat. 354. July 12, 1960, Pub. L. 86-626, title I, 74 Stat. 435. Sept. 14, 1959, Pub. L. 86-255, title I, 73 Stat. 509. Aug. 28, 1958, Pub. L. 85-844, title I, 72 Stat. 1071. June 29, 1957, Pub. L. 85-69, title I, 71 Stat. 233. June 27, 1956, ch. 452, title I, 70 Stat. 346. June 30, 1955, ch. 244, title I, 69 Stat. 207. June 24, 1954, ch. 359, title I, 68 Stat. 284. July 31, 1953, ch. 302, title I, 67 Stat. 308. July 5, 1952, ch. 578, title I, 66 Stat. 404. Aug. 31, 1951, ch. 376, title I, 65 Stat. 277. Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 710. Aug. 24, 1949, ch. 506, title I, 63 Stat. 645. Apr. 20, 1948, ch. 219, title I, 62 Stat. 187. July 30, 1947, ch. 359, title I, 61 Stat. 598. Mar. 28, 1946, ch. 113, title I, 60 Stat. 71. May 3, 1945, ch. 106, title I, 59 Stat. 120. June 27, 1944, ch. 286, title I, 58 Stat. 373. June 26, 1943, ch. 145, title I, 57 Stat. 183. June 27, 1942, ch. 450, 56 Stat. 413. Apr. 5, 1941, ch. 40, 55 Stat. 114. Apr. 18, 1940, ch. 107, 54 Stat. 133. Mar. 16, 1939, ch. 11, 53 Stat. 534. May 23, 1938, ch. 259, 52 Stat. 420. June 28, 1937, ch. 396, 50 Stat. 338. May 14, 1937, ch. 179, 50 Stat. 136. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1671 of Appendix to this title; title 47 section 410. ------DocID 54969 Document 136 of 1105------ -CITE- 49 USC SUBCHAPTER IV -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - RAIL SERVICES PLANNING OFFICE -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 1613 of Appendix to this title. ------DocID 54970 Document 137 of 1105------ -CITE- 49 USC Sec. 10361 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER IV -HEAD- Sec. 10361. Organization -STATUTE- The Rail Services Planning Office is an office in the Interstate Commerce Commission. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10361 45:715(a) (less Jan. 2, 1974, Pub. words after comma L. 93-236, Sec. in 2d sentence). 205(a) (less words after comma in 2d sentence), 87 Stat. 993; restated Feb. 5, 1976, Pub. L. 94- 210, Sec. 309, 90 Stat. 57. ------------------------------- In the section, the words 'established as' are omitted as executed. 45:715(a) (words before the comma in second sentence) is omitted as surplus. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 45 section 702. ------DocID 54971 Document 138 of 1105------ -CITE- 49 USC Sec. 10362 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER IV -HEAD- Sec. 10362. Duties -STATUTE- (a) In this section - (1) 'avoidable costs of providing transportation', 'reasonable management fee', 'reasonable return on the value', and 'revenue attributable to the rail properties' have the same meanings as they have when used in section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744). (2) 'avoidable cost of providing rail freight transportation' has the same meaning as it has when used in section 10905(b)(2)(A) of this title. (b) The Rail Services Planning Office shall - (1) assist the Interstate Commerce Commission in studying and evaluating proposals, submitted to the Commission under subchapter III of chapter 113 of this title for a merger, consolidation, unification, or coordination project, joint use of tracks or other facilities, or acquisition or sale of assets involving a rail carrier subject to this subtitle; (2) assist the Commission in developing, with respect to economic regulation of transportation, policies likely to result in a more competitive, energy-efficient, and coordinated transportation system using each mode of transportation to its maximum advantage to meet the transportation needs of the United States; (3) assist States and local and regional transportation authorities in deciding whether to provide rail transportation continuation subsidies to continue in operation particular rail properties, by establishing criteria for determining whether particular rail properties are suitable for rail transportation continuation subsidies; (4) conduct continuously an analysis of the national rail transportation needs, evaluate the policies, plans, and programs of the Commission on the basis of the analysis, and advise the Commission of the results of the evaluation; (5) maintain regulations that contain - (A) standards for the computation of subsidies for rail passenger service (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a))) that are consistent with the compensation principles described in the final system plan established under the Regional Rail Reorganization Act of 1973 (87 Stat. 985), as amended, and which avoid cross-subsidization among commuter, intercity, and freight rail transportation; and (B) standards for determining emergency commuter rail passenger transportation operating payments under section 17 of the Urban Mass Transportation Act of 1964 (49 App. U.S.C. 1613); (6) maintain, and from time to time revise and republish after a proceeding under section 553 of title 5, standards for determining the revenue attributable to the rail properties, the avoidable costs of providing transportation, a reasonable return on the value, and a reasonable management fee; (7) maintain regulations that - (A) develop an accounting system permitting the collection and publication by profitable rail carriers providing transportation over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, avoidable costs, and operations of light density lines as operating and economic units; and (B) determine the avoidable cost of providing rail freight transportation; and (8) carry out other duties conferred on the Office by law. (c) The criteria referred to in subsection (b)(3) of this section shall provide that rail properties are suitable for rail transportation continuation subsidies if the cost of the required subsidy to the taxpayers for the properties each year is less than - (1) the cost of termination of rail transportation over the properties measured by increased fuel consumption and operational costs for alternative modes of transportation; (2) the cost to the gross national product in terms of reduced output of goods and services; (3) the cost of relocating or assisting, through unemployment, retraining, and welfare benefits, individuals and firms adversely affected if the rail transportation is terminated; and (4) the cost to the environment measured by damage caused by increased pollution. (d) The Office may at any time revise and republish the standards and regulations required by this section to incorporate changes made necessary by the accounting system developed under subsection (b)(7) of this section. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355; Pub. L. 98-216, Sec. 2(5)-(7), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99-509, title IV, Sec. 4033(c)(7), Oct. 21, 1986, 100 Stat. 1909.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10362(a) (1) 645:715(d)(6). Jan. 2, 1974, Pub. L. 93-236, Sec. 205(d), (e), 87 Stat. 994; Feb. 28, 1975, Pub. L. 94-5, Sec. 3, 89 Stat. 7; restated Feb. 5, 1976, Pub. L. 94- 210, Sec. 309, 90 Stat. 58. 10362(a) (2) 45:715(e)(1)(B). 10362(b) (1)-(6) 45:715(d)(1), (2), (3) (less words after 2d comma), (4)-(6). 10362(b) (7) 45:715(e) (less last sentence of par. 1). 10362(b) (8) 45:715(d) (introductory words before comma). 10362(c) 45:715(d)(3) (words after 2d comma). 10362(d) 45:715(e)(1) (last sentence), (2). ------------------------------- In the section, the word 'transportation' is substituted for 'service' and 'services' for consistency in the subchapter and the revised title. In subsection (b)(1), the words 'rail carrier subject to this subtitle' are substituted for 'common carrier by railroad subject to part I of such Act' to conform to the revised title. In subsection (b)(5), the words 'maintain regulations' have been substituted for the words 'within 180 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, issue additional regulations, after conducting a proceeding in accordance with the provisions of section 553 of title 5, United States Code' since the deleted words are executed. In subsection (b)(6), the words 'as those phrases are used in section 304 of this Act' are omitted since subsection (a) of the section has been inserted providing for section definitions. In subsection (b)(7), the words 'maintain regulations' are substituted for the words 'Within 270 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Office shall issue additional regulations, after conducting a proceeding in accordance with section 553 of title 5, United States Code' since the deleted words are executed. The words 'as that phrase is used in section 1a(6)(a)(ii)(A) of the Interstate Commerce Act' are omitted since subsection (a) of the section has been inserted providing for section definitions. 45:715(d)(7) and (e)(2) are omitted as executed. -REFTEXT- REFERENCES IN TEXT Section 10905(b)(2)(A) of this title, referred to in subsec. (a)(2), was amended generally by Pub. L. 96-448, title IV, Sec. 402(c), Oct. 14, 1980, 94 Stat. 1942, and provisions relating to the avoidable cost of providing rail freight transportation are contained in section 10905(d)(2)(A) of this title. The Regional Rail Reorganization Act of 1973 (87 Stat. 985), as amended, referred to in subsec. (b)(5)(A), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (Sec. 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables. -MISC2- AMENDMENTS 1986 - Subsec. (b)(7)(A). Pub. L. 99-509 struck out 'by the Consolidated Rail Corporation or' after 'collection and publication'. 1984 - Subsec. (a)(1). Pub. L. 98-216, Sec. 2(5), substituted 'section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744)' for 'section 744 of title 45'. Subsec. (b)(5)(A). Pub. L. 98-216, Sec. 2(6), substituted 'section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a))' for 'section 562(a) of title 45'. Subsec. (b)(5)(B). Pub. L. 98-216, Sec. 2(7), substituted 'section 17 of the Urban Mass Transportation Act of 1964 (49 App. U.S.C. 1613)' for 'section 1613 of this title'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1613 of Appendix to this title; title 45 sections 584, 744, 1111. ------DocID 54972 Document 139 of 1105------ -CITE- 49 USC Sec. 10363 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER IV -HEAD- Sec. 10363. Director -STATUTE- (a) The Director is the head of the Rail Services Planning Office and is responsible for administering and carrying out the duties of the Office. (b) The Director is appointed for a term of 6 years by the Chairman of the Interstate Commerce Commission with the concurrence of at least 5 members of the Commission. The Director may be removed by the Commission only for cause. (c) The Director is appointed without regard to those provisions of title 5 governing appointments in the competitive service and is paid without regard to chapter 51 and subchapter III of chapter 53 of title 5. However, the annual rate of basic pay of the Director may not exceed the rate for GS-18. (d) The Director is subject to the direction of, and shall report to, a Commissioner or the Chairman, as designated by the Chairman. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10363(a)- (c) 45:715(a) (words Jan. 2, 1974, Pub. following comma in L. 93-236, Sec. 2d sentence), (b). 205(a) (words following comma in 2d sentence), (b), (c) (first 2 sentences), 87 Stat. 993; restated Feb. 5, 1976, Pub. L. 94-210, Sec. 309, 90 Stat. 57. 10363(d) 45:715(c) (1st 2 sentences). ------------------------------- In subsection (a), the words 'from the date he takes office' and 'functions and' are omitted as surplus. In subsection (c), the last sentence conforms with title 5. The word 'maximum' is omitted as surplus because GS-18 only has one rate. -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are set forth in section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10364 of this title. ------DocID 54973 Document 140 of 1105------ -CITE- 49 USC Sec. 10364 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER IV -HEAD- Sec. 10364. Powers -STATUTE- (a) With the concurrence of the Commissioner designated under section 10363(d) of this title or, if the Director of the Rail Services Planning Office and the Commissioner disagree (and that Commissioner is not the Chairman), with the concurrence of the Chairman of the Commission, the Director may enter into agreements or other transactions necessary to carry out the duties of the Office. The transactions may be entered into with any person, including a governmental authority, and without regard to section 5 of title 41. (b) On written request of the Director for assistance, each department, agency, and instrumentality of the United States Government shall consider the request, and may furnish assistance the Director considers necessary to carry out the duties of the Office. Assistance may be furnished on a reimbursable or nonreimbursable basis. Assistance includes the transfer of an officer or employee, with the consent, and without prejudice to the position and rating, of the officer or employee. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10364 45:715(c) (less 1st Jan. 2, 1974, Pub. 2 sentences). L. 93-236, Sec. 205(c) (less first 2 sentences), 87 Stat. 993; restated Feb. 5, 1976, Pub. L. 94-210, Sec. 309, 90 Stat. 58. ------------------------------- In subsection (b), the words 'department, agency, and instrumentality of the United States Government' are substituted for the words 'department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States' to eliminate redundancy and to conform to standard terms used in the restatement and in title 5. ------DocID 54974 Document 141 of 1105------ -CITE- 49 USC SUBCHAPTER V -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- SUBCHAPTER V - OFFICE OF RAIL PUBLIC COUNSEL ------DocID 54975 Document 142 of 1105------ -CITE- 49 USC Sec. 10381 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10381. Organization -STATUTE- The Office of Rail Public Counsel is an independent office affiliated with the Interstate Commerce Commission. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10381 49:26b(1). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 27(1); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 51. ------------------------------- The words 'shall be established', 'new', and 'within 60 days after the date of enactment of this section' are omitted as executed. The second sentence of 49:26b(1) is omitted as surplus. ------DocID 54976 Document 143 of 1105------ -CITE- 49 USC Sec. 10382 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10382. Duties; standing -STATUTE- (a) The Office of Rail Public Counsel - (1) may petition the Interstate Commerce Commission to begin a proceeding on a matter within the jurisdiction of the Commission involving a rail carrier subject to this subtitle; (2) may seek judicial review of Commission action on a matter involving a rail carrier providing transportation subject to this subtitle, to the extent, and on the same basis, that a person may seek judicial review; (3) shall solicit, study, evaluate, and present before an informal or formal proceeding of the Commission, the views of those communities and users of rail transportation affected by a proceeding begun by, or pending before, the Commission, when the Director of the Office determines, for whatever reason (such as size or location), that any such community or user might not otherwise be represented adequately at the proceeding; (4) shall - (A) before the Commission and other departments, agencies, and instrumentalities of the United States Government when the policies and activities of any such department, agency, or instrumentality affect rail transportation subject to the jurisdiction of the Commission, evaluate and represent the public interest in safe, efficient, reliable, and economical rail transportation; and (B) assist in constructively representing that public interest by other means; (5) shall present the views of users, the general public, affected communities, and, when appropriate, providers of rail transportation in proceedings of departments, agencies, and instrumentalities of the United States Government related to - (A) the impact of energy proposals and actions on rail transportation; and (B) whether transportation policy is consistent with the energy policies of the United States Government; (6) in carrying out its duties under clauses (1)-(5) of this subsection, shall assist the Commission in developing a public interest record in proceedings before the Commission; and (7) shall carry out other duties conferred on the Office by law. (b) The Office has standing as a party to any informal or formal proceeding that is pending or begun before the Commission involving a rail carrier providing transportation subject to this subtitle. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 96-258, Sec. 1(3), June 3, 1980, 94 Stat. 425.) -MISC1- Historical and Revision Notes 1978 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10382(a) (1)-(4) 49:26b(4)(b)-(e). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 27(4); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 51. 10382(a) (5) 49:26b(4) (last sentence). 10382(a) (6) 49:26b(4) (introductory words preceding comma). 10382(b) 49:26b(4)(a). ------------------------------- The section restates the source provisions for clarity and consistency in the revised title. 1980 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10382(a) 49:26b(4)(f). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 27(4)(f); added Nov. 9, 1978, Pub. L. 95-620, Sec. 804, 92 Stat. 3348. ------------------------------- This amends section 10382(a) to make technical and conforming amendments needed to add the new duty to the duties of the Office of Rail Public Counsel. The words 'as well as' are omitted as surplus. The word 'transportation' is substituted for 'services' because of the definition of transportation in section 10102 of title 49. AMENDMENTS 1980 - Subsec. (a)(5). Pub. L. 96-258, Sec. 1(3)(A), (B), added par. (5). Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 96-258, Sec. 1(3)(A), (C), redesignated former par. (5) as (6) and substituted 'clauses (1)-(5)' for 'clauses (1)-(4)'. Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 96-258, Sec. 1(3)(A), redesignated former par. (6) as (7). ------DocID 54977 Document 144 of 1105------ -CITE- 49 USC Sec. 10383 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10383. Director -STATUTE- (a) The Director is the head of the Office of Rail Public Counsel and is responsible for administering and carrying out the duties of the Office. (b) The Director is appointed by the President, by and with the advice and consent of the Senate, for a term of 4 years. (c) The Director is paid without regard to chapter 51 and subchapter III of chapter 53 of title 5. However, the annual rate of basic pay of the Director may not exceed the rate for GS-18. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10383(a) 49:26b(2)(a) (1st Feb. 4, 1887, ch. sentence), (b) (2d 104, 24 Stat. 379, sentence). Sec. 27(2); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 51. 10383(b) 49:26b(2)(a) (2d sentence), (b) (1st sentence). 10383(c) 49:26b(2)(b) (last sentence). ------------------------------- In subsection (a), the words 'and functions' are omitted as surplus. In subsection (b), the words 'appointed . . . without regard to the provisions of title 5, United States Code, governing appointments in the competitive service' are omitted as surplus in view of section 2102(a)(1) of title 5. In subsection (c), the last sentence conforms with title 5. The word 'maximum' is omitted as surplus because GS-18 only has one rate. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 54978 Document 145 of 1105------ -CITE- 49 USC Sec. 10384 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10384. Office staff -STATUTE- The Director of the Office of Rail Public Counsel may - (1) appoint and fix the pay of employees of the Office; and (2) procure under section 3109 of title 5 the temporary or intermittent services of experts and consultants. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10384 49:26b(3) (1st Feb. 4, 1887, ch. sentence). 104, 24 Stat. 379, Sec. 27(3) (1st sentence); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 51. ------------------------------- In clause (1), the words 'assign the duties of' are omitted as surplus in view of section 10383(a) of the revised title. ------DocID 54979 Document 146 of 1105------ -CITE- 49 USC Sec. 10385 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10385. Powers -STATUTE- (a) Without regard to section 5 of title 41, the Director of the Office of Rail Public Counsel may enter into agreements or other transactions necessary to carry out the duties of the Office. (b) On request of the Director for information, each department, agency, and instrumentality of the United States Government may furnish the information requested. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10385 49:26b(3) (2d and Feb. 4, 1887, ch. 3rd sentences). 104, 24 Stat. 379, Sec. 27(3) (2d and 3rd sentences); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 51. ------------------------------- In subsection (a), the words 'contracts, leases, cooperative' and 'his functions and' are omitted as surplus. In subsection (b), the words 'bureau, office, or other entity of the Commission and' and 'and data' are omitted as surplus. ------DocID 54980 Document 147 of 1105------ -CITE- 49 USC Sec. 10386 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10386. Reports -STATUTE- The Director of the Office of Rail Public Counsel shall submit each month to the Chairman of the Interstate Commerce Commission a report on the activities of the Office for the preceding month. In its annual report to Congress, the Commission shall include its evaluation and recommendations with respect to the activities, accomplishments, and shortcomings of the Office. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10386 49:26b(3) (last Feb. 4, 1887, ch. sentence). 104, 24 Stat. 379, Sec. 27(3) (last sentence); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 51. ------------------------------- ------DocID 54981 Document 148 of 1105------ -CITE- 49 USC Sec. 10387 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10387. Budget requests and estimates -STATUTE- The Office of Rail Public Counsel shall submit its budget requests and budget estimates concurrently to Congress and to the President. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10387 49:26b(5). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 27(5); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 52. ------------------------------- ------DocID 54982 Document 149 of 1105------ -CITE- 49 USC Sec. 10388 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 103 SUBCHAPTER V -HEAD- Sec. 10388. Authorizations of appropriations -STATUTE- There is authorized to be appropriated to the Office of Rail Public Counsel to carry out this subchapter not to exceed $1,200,000 for the fiscal year ending September 30, 1980. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 96-73, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 557.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10388 49:26b(6). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 27(6); added Feb. 5, 1976, Pub. L. 94-210, Sec. 304(a), 90 Stat. 52; Feb. 15, 1978, Pub. L. 95-231, Sec. 1, 92 Stat. 29. ------------------------------- The words 'not to exceed $500,000 for the fiscal year ending June 30, 1976, not to exceed $500,000 for the fiscal year transition period ending September 30, 1976, not to exceed $2,000,000 for the fiscal year ending September 1, 1977, and' are omitted as executed. AMENDMENTS 1979 - Pub. L. 96-73 authorized appropriation of $1,200,000 for fiscal year ending Sept. 30, 1980, and struck out appropriation authorization of $1,000,000 for fiscal year ending Sept. 30, 1978. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-73 effective Oct. 1, 1979, see section 501(a) of Pub. L. 96-73, set out as a note under section 501 of Title 45, Railroads. ------DocID 54983 Document 150 of 1105------ -CITE- 49 USC CHAPTER 105 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 -HEAD- CHAPTER 105 - JURISDICTION -MISC1- SUBCHAPTER I - RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION Sec. 10501. General jurisdiction. 10502. Express carrier transportation. 10503. Railroad and water transportation connections and rates. 10504. Exempt rail mass transportation. 10505. Authority to exempt rail carrier transportation. SUBCHAPTER II - MOTOR CARRIER TRANSPORTATION 10521. General jurisdiction. 10522. Exempt transportation between Alaska and other States. 10523. Exempt motor vehicle transportation in terminal areas. 10524. Transportation furthering a primary business. 10525. Exempt motor carrier transportation entirely in one State. 10526. Miscellaneous motor carrier transportation exemptions. 10527. Written contracts pertaining to certain interstate movements by motor vehicle. 10528. Mixed loads of regulated and unregulated property. 10529. Limited authority over cooperative associations. 10530. Certificates of registration for certain foreign carriers. SUBCHAPTER III - WATER CARRIER TRANSPORTATION 10541. General jurisdiction. 10542. Exempt bulk transportation. 10543. Exempt incidental water transportation. 10544. Miscellaneous water carrier transportation exemptions. SUBCHAPTER IV - FREIGHT FORWARDER SERVICE 10561. General jurisdiction. 10562. Repealed. AMENDMENTS 1986 - Pub. L. 99-521, Sec. 6(d)(2), Oct. 22, 1986, 100 Stat. 2994, substituted 'Repealed' for 'Exempt freight forwarder service' in item 10562. 1984 - Pub. L. 98-554, title II, Sec. 226(a)(2), Oct. 30, 1984, 98 Stat. 2850, added item 10530. 1980 - Pub. L. 96-296, Sec. 16(b), 21(b)(2), 24(b)(2), July 1, 1980, 94 Stat. 810, 812, 816, added items 10527, 10528, and 10529. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 10322, 10701, 10702, 10703, 10705, 10706, 10721, 10723, 10724, 10741, 10747, 10749, 10751, 10761, 10762, 10764, 10765, 11141, 11348, 11703, 11705, 11706, 11902, 11903, 11910, 11915 of this title; section 1654 of Appendix to this title; title 45 sections 581, 1207. ------DocID 54984 Document 151 of 1105------ -CITE- 49 USC SUBCHAPTER I -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER I -HEAD- SUBCHAPTER I - RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 10102, 10322, 10327, 10329, 10330, 10523, 10541, 10543, 10544, 10701, 10701a, 10703, 10704, 10705, 10705a, 10706, 10707, 10707a, 10709, 10713, 10721, 10722, 10723, 10724, 10725, 10726, 10728, 10730, 10731, 10741, 10742, 10745, 10746, 10748, 10750, 10762, 10763, 10764, 10765, 10781, 10783, 10784, 10786, 10901, 10902, 10903, 10904, 10907, 10908, 10909, 10923, 10930, 10933, 11103, 11104, 11105, 11121, 11124, 11125, 11126, 11128, 11141, 11143, 11144, 11162, 11164, 11166, 11301, 11321, 11323, 11342, 11343, 11344, 11345, 11346, 11350, 11501, 11502, 11503, 11504, 11701, 11702, 11705, 11706, 11707, 11710, 11901, 11904, 11905, 11907, 11908, 11909, 11910, 11913a, 11914 of this title; title 26 sections 168, 281, 3231, 7701; title 29 section 213; title 33 sections 1507, 1512; title 45 sections 231, 351, 546, 546a, 661. ------DocID 54985 Document 152 of 1105------ -CITE- 49 USC Sec. 10501 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER I -HEAD- Sec. 10501. General jurisdiction -STATUTE- (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation - (1) by rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier that is - (A) only by railroad; (B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment; or (C) by pipeline or by pipeline and railroad or water when transporting a commodity other than water, gas, or oil; and (2) to the extent such jurisdiction is not limited by subsection (b) of this section or the extent the transportation is in the United States and is between a place in - (A) a State and a place in another State; (B) the District of Columbia and another place in the District of Columbia; (C) a State and a place in a territory or possession of the United States; (D) a territory or possession of the United States and a place in another such territory or possession; (E) a territory or possession of the United States and another place in the same territory or possession; (F) the United States and another place in the United States through a foreign country; or (G) the United States and a place in a foreign country. (b) The Commission does not have jurisdiction under subsection (a) of this section over - (1) the transportation of passengers or property, or the receipt, delivery, storage, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this subtitle; or (2) transportation by a water common carrier when that transportation would be subject to this subchapter only because the water common carrier absorbs, out of its port-to-port water rates or out of its proportional through rates, a switching, terminal, lighterage, car rental, trackage, handling, or other charge by a rail carrier for services in the switching, drayage, lighterage, or corporate limits of a port terminal or district. (c) This subtitle does not affect the power of a State, in exercising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Commission under this subchapter unless (1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to section 11501(b)(4)(B) of this title, or (2) the State requirement is inconsistent with an order of the Commission issued under this subtitle or is prohibited under this subtitle. (d) The jurisdiction of the Commission and of State authorities (to the extent such authorities are authorized to administer the standards and procedures of this title (FOOTNOTE 1) pursuant to this section and section 11501(b) of this title) over transportation by rail carriers, and the remedies provided in this title (FOOTNOTE 1) with respect to the rates, classifications, rules, and practices of such carriers, is exclusive. (FOOTNOTE 1) So in original. Probably should be 'subtitle'. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1359; Pub. L. 96-448, title II, Sec. 214(c)(3)-(5), Oct. 14, 1980, 94 Stat. 1915.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10501(a) 49:1(1)(a), (b), (2) Feb. 4, 1887, ch. (introductory (through 1st comma). 104, Sec. 1(1), words), (1) (2), 24 Stat. 379; June 29, 1906, ch. 3591, Sec. 1, 34 Stat. 584; June 18, 1910, ch. 309, Sec. 7, 36 Stat. 544, 545; restated Feb. 28, 1920, ch. 91, Sec. 400, 41 Stat. 474; June 19, 1934, ch. 652, Sec. 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Aug. 12, 1958, Pub. L. 85- 625, Sec. 3, 72 Stat. 570; Aug. 4, 1977, Pub. L. 95- 91, Sec. 306, 91 Stat. 581. 10501(a) (2) 49:1(1) (words after last comma and words following cl. (b)), (2) (words between 1st and 2d commas). 10501(b) 49:1(2) (2d comma through period). 10501(c) 49:1(17)(a) Feb. 4, 1887, ch. (proviso). 104, 24 Stat. 379, Sec. 1(17)(a) (proviso); added Feb. 28, 1920, ch. 91, Sec. 402, 41 Stat. 477; Sept. 18, 1940, ch. 722, Sec. 4(b), 54 Stat. 901. ------------------------------- In the introductory matter of subsection (a), before clause (1), the words 'Subject to this chapter and other provisions of law' are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words 'the Interstate Commerce Commission has jurisdiction' are substituted for 'The provisions of this chapter shall apply to' in 49:1 (1) and (2) to eliminate surplus language and for clarity because the intent of the words is to grant the Commission jurisdiction. The words 'over transportation' are substituted for the words 'to common carriers engaged in' in 49:1(1) and 'to such transportation of passengers and property' in 49:1(2) to eliminate redundancy and for consistency with the other general jurisdictional statements at the beginning of each of the subchapters of chapter 105 of the revised title, giving the Commission jurisdiction over transportation. In subsection (a)(1), before clause (A), the words 'rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier' are substituted for 'common carriers' for clarity and because a definition of 'common carrier' has been adopted for the subtitle that is broader and includes common carriers other than those to which 49:1 (1) and (2) apply. In subsection (a)(1)(A), the word 'only' is substituted for 'wholly' for clarity. In subsection (a)(1)(B), the word 'partly' is omitted as surplus. In subsection (a)(1)(C), the words 'natural or artificial' in 49:1(1)(b), before 'gas' are omitted as surplus. The word 'or' is substituted for 'and' in the phrase 'except water and . . . gas' in 49:1(1)(b), for clarification because the exemption does not require the pipeline transportation of both water and gas before the exception applies. The exclusion of pipeline transportation of oil from the jurisdiction of the Commission is inserted in view of section 306 of the Department of Energy Organization Act (Pub. L. 95-91), transferring the functions of the Commission related to transporting oil by pipeline to the Department of Energy. The conferees of the 2 Houses explain in their joint statement that the transfer is intended to include 'pipeline transportation of crude and refined petroleum and petroleum byproducts, derivatives or petrochemicals.' See House Report 95-539, page 69. In subsection (a)(2)(A), the words 'District of Columbia' are omitted in view of the definition of 'State' in section 10102 of the revised title. In subsection (b)(1), the words 'a State (other than the District of Columbia)' are inserted to exclude the District of Columbia from the jurisdictional exemption in view of 49:1(2) that does not now exempt the District of Columbia but would become exempt, but for the exclusion, as the result of the definition of 'State' adopted for the revised title. The words 'except as otherwise provided in this subtitle' are inserted for clarity. In subsection (b)(2), the words 'passengers or property' are omitted as unnecessary in view of the definition of 'transportation' that applies to the subtitle. In subsection (c), the words 'does not affect' are substituted for 'nothing . . . shall impair or affect' for clarity and to eliminate redundancy. The word 'power' is substituted for 'right' for clarity and consistency. The words 'freight and passenger service' are omitted as surplus. The word 'unless' is substituted for 'except insofar' and 'except' for clarity. The word 'lawful' is omitted as surplus. The words 'just and' are omitted for consistency with other provisions of the revised title. See the revision note to section 10101 of the revised title. AMENDMENTS 1980 - Subsec. (a)(2). Pub. L. 96-448, Sec. 214(c)(3), inserted 'such jurisdiction is not limited by subsection (b) of this section or the extent'. Subsec. (c). Pub. L. 96-448, Sec. 214(c)(4), inserted '(1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to section 11501(b)(4)(B) of this title, or (2)'. Subsec. (d). Pub. L. 96-448, Sec. 214(c)(5), added subsec. (d). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11126 of this title. ------DocID 54986 Document 153 of 1105------ -CITE- 49 USC Sec. 10502 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER I -HEAD- Sec. 10502. Express carrier transportation -STATUTE- The Interstate Commerce Commission has jurisdiction under this subchapter, and not under subchapter II or III of this chapter, over transportation of an express carrier - (1) by motor vehicle, to the extent the transportation was subject to the jurisdiction of the Commission on September 18, 1940, under part I of the Interstate Commerce Act (24 Stat. 379), as amended; and (2) by water in providing express transportation. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1360.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10502(1) 49:303(a)(14) (words Feb. 4, 1887, ch. after 2d comma). 104, 24 Stat. 379, Sec. 203(a)(14) (words after 2d comma); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 544; restated Sept. 18, 1940, ch. 722, Sec. 18(a), 54 Stat. 920. 10502(2) 49:902(d) (words Feb. 4, 1887, ch. after 1st comma). 104, 24 Stat. 379, Sec. 302(d) (words after 1st comma); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 930. ------------------------------- The section restates the source provisions for clarity and as a result of the codification of the jurisdictional provisions in chapter 105 of the revised title. In clause (2), the word 'transportation' is substituted for 'business' for consistency and because the Interstate Commerce Commission has jurisdiction over transportation. -REFTEXT- REFERENCES IN TEXT Part I of the Interstate Commerce Act, referred to in par. (1), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to chapter 1 (Sec. 1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92 Stat. 1467, and is covered by this subchapter. ------DocID 54987 Document 154 of 1105------ -CITE- 49 USC Sec. 10503 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER I -HEAD- Sec. 10503. Railroad and water transportation connections and rates -STATUTE- (a) When a rail carrier and a water common carrier may or do provide jointly, transportation, not entirely in one State from a place in the United States to another place in the United States, even if part of the transportation is outside the United States, the Interstate Commerce Commission has the following jurisdiction over that transportation: (1) To establish a physical connection between the railroad lines of the rail carrier and the dock at which an interchange is to be made, the Commission may - (A) require the rail carrier to make a suitable connection between its lines and tracks that have been constructed from the dock to the limits of the railroad right-of-way; (B) subject to the same restrictions on findings of public convenience and necessity and other matters that are imposed on construction under sections 10901, 10902, and 10907 of this title, require the rail carrier or water common carrier, or both, to construct to the dock at least one track connecting with the lines of the rail carrier; (C) determine and prescribe the conditions under which a connecting track is to be operated; and (D) in the construction or operation of the track, determine the sum to be paid to, or by, either carrier. (2) The Commission may - (A) prescribe proportional rates, maximum proportional rates, minimum proportional rates, or maximum and minimum proportional rates, of a rail carrier to and from the ports to which the passengers or property is transported by the water common carrier; and (B) determine the passengers, property, vessels, and on which conditions those rates apply. In this paragraph, 'proportional rates' means those rates that differ from the corresponding local rates to and from a port and apply only to passengers or property brought to the port or carried from the port by a water common carrier. (b) The Commission may act under this section only after a full hearing. An order entered as the result of an action may be conditioned on giving security for the payment of an amount of money or the discharge of an obligation that is required to be paid or discharged under that order. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1360.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10503(a) 49:6(11). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 6(11); added Aug. 24, 1912, ch. 390, Sec. 11 (5th par.), 37 Stat. 568; Feb. 28, 1920, ch. 91, Sec. 409, 412, 413, 41 Stat. 483; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, Sec. 8(c), 54 Stat. 910. 10503(b) 49:51 (related to Aug. 24, 1912, ch. 49:6(11)). 390, Sec. 17 (last par. related to Sec. 6), 31 Stat. 568. ------------------------------- In the introductory matter of subsection (a), before paragraph (1), the words 'passengers or property' are omitted as unnecessary in view of the definition of transportation that includes passengers and property. The words 'the limits of' are omitted as surplus. The words 'rail carrier and a water common carrier' are substituted for 'by rail and water . . . by a common carrier or carriers' to eliminate redundancy and for consistency with 49:1 (1) and (2) that have used the terms 'rail carrier' and 'water carrier' (meaning 'water common carrier') since the enactment of the original provision in 1912. The word 'jointly' is inserted for clarity. The words 'even if part of the transportation is outside the United States' is substituted for 'through the Panama Canal or otherwise' as being more precise. See United States v. New York Central R.R., 272 U.S. 457, 1926; Penn. R.R. Co. v. United States, 55 F. Supp. 473, 484, D.C.N.J., 1943, reversed in part on other grounds, 323 U.S. 612, 1945. The words 'in the following particulars, in addition to the jurisdiction given by this chapter' are omitted as surplus. The words 'and of the carriers' are omitted as surplus and for consistency with other jurisdictional statements of chapter 105 of the revised title. In subsection (a)(2), the words 'passengers or property' are substituted for 'traffic' for consistency with the definition of transportation. In subsection (a)(2)(A), the word 'transported' is substituted for 'brought, or from which the passengers or property is taken' for simplicity. In subsection (b), the word 'complaint' is omitted as unnecessary. The words 'upon formal complaint or in proceedings instituted by the Commission of its own motion' are omitted as surplus. ------DocID 54988 Document 155 of 1105------ -CITE- 49 USC Sec. 10504 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER I -HEAD- Sec. 10504. Exempt rail mass transportation -STATUTE- (a) In this section - (1) 'local public body' - (A) has the same meaning given that term by section 1608(c)(2) (FOOTNOTE 1) of this title; and (FOOTNOTE 1) See References in Text note below. (B) includes a person or entity that contracts with the local public body to provide transportation services. (2) 'rail mass transportation' means transportation services described in section 1608(c)(5) (FOOTNOTE 1) of this title that are provided by rail. (b) The Interstate Commerce Commission does not have jurisdiction under this subtitle over rail mass transportation provided by a local public body if - (1) the Commission would have jurisdiction but for this section; and (2) the fares of the local public body, or its authority to apply to the Commission for changes in those fares, is subject to the approval or disapproval of the chief executive officer of the State in which the transportation is provided. (c) Notwithstanding subsection (b) of this section, a local public body, described in subsection (b), is subject to applicable laws of the United States related to - (1) safety; (2) the representation of employees for collective bargaining; and (3) employment retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1360; Pub. L. 97-449, Sec. 4(b)(4), Jan. 12, 1983, 96 Stat. 2441.) -MISC1- Historical and Revision Notes 1978 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10504(a) 45:744(j)(2). Jan. 2, 1974, Pub. L. 93-236, 87 Stat. 1008, Sec. 304(j); added Feb. 5, 1976, Pub. L. 94-210, Sec. 804, 90 Stat. 139; Oct. 19, 1976, Pub. L. 94-555, Sec. 206, 90 Stat. 2621. 10504(b) 45:744(j)(1). ------------------------------- In subsection (a)(2), the defined term 'rail mass transportation' is substituted for 'mass transportation services' as being more precise and for consistency with the terms of the subtitle. In the introductory matter of subsection (b), before clause (1), the words 'The Interstate Commerce Commission does not have jurisdiction under this subtitle over' are substituted for 'no local public body . . . shall, . . . be subject to the Interstate Commerce Act' for clarity and to conform to the terms used in chapter 105 of the revised title. In subsection (b)(2), the word 'interstate' is omitted as unnecessary. The words 'chief executive officer' are substituted for 'Governor' as more appropriate in view of the definition of 'State' that includes the District of Columbia. The words 'except as provided in subparagraph (B) of this paragraph' and subparagraph (B) are omitted as unnecessary because the Commission does not have jurisdiction over safety, collective bargaining, and employee benefit matters, and those matters are covered by other provisions of title 49 related to the Secretary of Transportation. 1983 ACT Clause (4) restates section 304(j)(1)(B) of the Regional Rail Reorganization Act of 1973, that was added by section 804 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210, 90 Stat. 139). Section 304(j)(1)(B) was mistakenly omitted from the restatement of subtitle IV of title 49, Interstate Commerce. Clause (4) restates section 304(j)(1)(B) as section 10504(c) of title 49. The subsection is effective on the date of enactment of the Act of October 17, 1978. -REFTEXT- REFERENCES IN TEXT Section 1608 of this title, referred to in subsec. (a)(1)(A), (2), means section 1608 of former Title 49, Transportation, which is classified to section 1608 of the Appendix to this title. -MISC2- AMENDMENTS 1983 - Subsec. (c). Pub. L. 97-449 added subsec. (c), effective Oct. 17, 1978. ------DocID 54989 Document 156 of 1105------ -CITE- 49 USC Sec. 10505 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER I -HEAD- Sec. 10505. Authority to exempt rail carrier transportation -STATUTE- (a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under this subchapter, the Commission shall exempt a person, class of persons, or a transaction or service when the Commission finds that the application of a provision of this subtitle - (1) is not necessary to carry out the transportation policy of section 10101a of this title; and (2) either (A) the transaction or service is of limited scope, or (B) the application of a provision of this subtitle is not needed to protect shippers from the abuse of market power. (b) The Commission may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. (c) The Commission may specify the period of time during which an exemption granted under this section is effective. (d) The Commission may revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101a of this title. (e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11707 of this title. Nothing in this subsection or section 11707 of this title shall prevent rail carriers from offering alternative terms nor give the Commission the authority to require any specific level of rates or services based upon the provisions of section 11707 of this title. (f) The Commission may exercise its authority under this section to exempt transportation that is provided by a rail carrier as a part of a continuous intermodal movement. (g) The Commission may not exercise its authority under this section (1) to authorize intermodal ownership that is otherwise prohibited by this title, or (2) to relieve a carrier of its obligation to protect the interests of employees as required by this subtitle. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96-448, title II, Sec. 213, Oct. 14, 1980, 94 Stat. 1912.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10505 49:12(1)(b). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 12(1)(b); added Feb. 5, 1976, Pub. L. 94-210, Sec. 207, 90 Stat. 42. ------------------------------- In subsection (a), the words 'by order' and 'in such order' are omitted as surplus. The word 'unreasonable' is substituted for 'undue' for consistency. See the revision note for section 10101 of the revised title. In subsection (b), the words 'Secretary of Transportation' are substituted for 'Secretary' for clarity. In subsection (d), the words 'after notice' are omitted as unnecessary in view of subchapter II of chapter 5 of title 5. AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-448 substituted provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101a of this title or is not needed to protect shippers from abuse of market power for provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101 of this title, would be an unreasonable burden on a person, class of persons, or interstate or foreign commerce, and would serve little or no useful public purpose. Subsec. (b). Pub. L. 96-448 struck out provision authorizing the Commission to specify the period of time during which the exemption is effective. See subsec. (c) of this section. Subsec. (c). Pub. L. 96-448 substituted provision authorizing the Commission to specify the period during which the exemption is effective for provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title, to achieve effective regulation by the Commission, and to serve a useful public purpose. Subsec. (d). Pub. L. 96-448 substituted provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application to a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101a of this title for provision authorizing the Commission to act under this section only after an opportunity for a proceeding. Subsecs. (e) to (g). Pub. L. 96-448 added subsecs. (e) to (g). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title. ------DocID 54990 Document 157 of 1105------ -CITE- 49 USC SUBCHAPTER II -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- SUBCHAPTER II - MOTOR CARRIER TRANSPORTATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3103, 10102, 10328, 10329, 10330, 10341, 10342, 10502, 10543, 10544, 10701, 10703, 10704, 10705, 10706, 10721, 10722, 10723, 10724, 10725, 10730, 10733, 10735, 10741, 10762, 10766, 10921, 10922, 10923, 10924, 10927, 10930, 10931, 10932, 10933, 10934, 10935, 11101, 11106, 11107, 11109, 11110, 11111, 11142, 11143, 11323, 11342, 11343, 11344, 11345a, 11501, 11502, 11503a, 11504, 11702, 11705, 11707, 11711, 11901, 11904, 11905, 11908, 11909, 11910, 11914, 11917 of this title; section 1608 of Appendix to this title; title 15 sections 1392, 1401, 1990d. ------DocID 54991 Document 158 of 1105------ -CITE- 49 USC Sec. 10521 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10521. General jurisdiction -STATUTE- (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation by motor carrier and the procurement of that transportation, except by a freight forwarder (other than a household goods freight forwarder), to the extent that passengers, property, or both, are transported by motor carrier - (1) between a place in - (A) a State and a place in another State; (B) a State and another place in the same State through another State; (C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States; (D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or (E) the United States and a place in a foreign country to the extent the transportation is in the United States; and (2) in a reservation under the exclusive jurisdiction of the United States or on a public highway. (b) This subtitle does not - (1) except as provided in sections 10922(c)(2), 10935, and 11501(e) of this title, affect the power of a State to regulate intrastate transportation provided by a motor carrier; (2) except as provided in sections 10922(c)(2) and 11501(e), authorize the Commission to prescribe or regulate a rate for intrastate transportation provided by a motor carrier; (3) except as provided in section 10922(c)(2) of this title, allow a motor carrier to provide intrastate transportation on the highways of a State; or (4) except as provided in section 11503a and section 11504(b) of this title, affect the taxation power of a State over a motor carrier. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96-296, Sec. 31(b), July 1, 1980, 94 Stat. 824; Pub. L. 97-261, Sec. 6(f), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99-521, Sec. 6(a), Oct. 22, 1986, 100 Stat. 2994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10521(a) (words 49:302(a), Feb. 4, 1887, ch. before cl. (1)) 303(a)(10) (20 104, 24 Stat. 379, words before Sec. 202(a), proviso), (11) (1st 203(a)(10) (less sentence, words proviso), (11) between 1st comma (less last and comma before sentence), (c) cl. (A)). (words between 6th and 7th commas); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543, 544; Sept. 18, 1940, ch. 722, Sec. 17(a), 54 Stat. 920; Sept. 1, 1950, ch. 835, Sec. 1(b), 64 Stat. 574; July 22, 1954, ch. 563, Sec. 1, 68 Stat. 526; Aug. 22, 1957, Pub. L. 85- 163, Sec. 1(2), 71 Stat. 411. 10521(a)(1) (A), (B) 49:303(a)(10) (through 1st comma). 10521(a)(1) (C)-(E) 49:303(a)(11) (1st sentence, less words between 1st comma and comma before cl. (A)). 10521(a) (2) 49:303(c) (words between 6th and 7th commas). 10521(b) 49:302(b)(1). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 202(b)(1); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, Sec. 17, 54 Stat. 920; Sept. 6, 1965, Pub. L. 89-170, Sec. 2, 79 Stat. 648; Dec. 23, 1970, Pub. L. 91-569, Sec. 2(a), 84 Stat. 1500. 49:316(e) (proviso). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 216(e) (proviso); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 558. ------------------------------- In the introductory matter of subsection (a), before clause (1), the words 'Subject to this chapter and other provisions of law' are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words 'the Interstate Commerce Commission has jurisdiction over' are substituted for 'The provisions of this chapter apply to' and 'the regulation of such transportation, . . . is vested in the Interstate Commerce Commission' for clarity and to eliminate redundancy. The words 'and providing facilities for' are omitted as being included in the definition of 'transportation' applicable to the subtitle. The words 'to the extent that passengers, property, or both, are transported by motor carrier' are substituted for 'whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water' to eliminate surplus words and because of the Commission's jurisdiction over transportation by motor carrier, and the term 'motor vehicle' is a defined term incorporated into the definition of 'motor carrier'. In subsection (b), the words 'This subtitle does not . . . authorize the Commission' are substituted for 'That nothing in this chapter shall empower the Commission' in 49:316(e) for consistency and because of the restatement of the source provisions. The word 'exclusive' is omitted as unnecessary. The words 'intrastate transportation' are substituted for 'intrastate commerce' for consistency. The words 'for any service connected therewith' are omitted as surplus because the eliminated words are included in the word 'transportation'. The word 'rate' is substituted for 'rate, fare, or charge' because of the definition of 'rate' in section 10102 of the revised title. The words 'for the purpose of removing discrimination against interstate commerce or for any other purpose' are omitted as unnecessary because of the restatement of the source provisions. The words 'to provide intrastate transportation' are substituted for 'to do intrastate business' for clarity and consistency. The words 'over a motor carrier' are inserted for clarity. AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-521 inserted ', except by a freight forwarder (other than a household goods freight forwarder),' after second reference to 'transportation'. 1982 - Subsec. (b)(1). Pub. L. 97-261, Sec. 6(f)(1), inserted 'except as provided in sections 10922(c)(2), 10935, and 11501(e) of this title,' before 'affect'. Subsec. (b)(2). Pub. L. 97-261, Sec. 6(f)(2), inserted 'except as provided in sections 10922(c)(2) and 11501(e),' before 'authorize'. Subsec. (b)(3). Pub. L. 97-261, Sec. 6(f)(3), inserted 'except as provided in section 10922(c)(2) of this title,' before 'allow'. 1980 - Subsec. (b)(4). Pub. L. 96-296 inserted 'section 11503a and' after 'as provided in'. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99-521, set out as a note under section 10102 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3101, 3102, 10101, 10522, 10530, 11506 of this title. ------DocID 54992 Document 159 of 1105------ -CITE- 49 USC Sec. 10522 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10522. Exempt transportation between Alaska and other States -STATUTE- To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 10521 of this title is provided in a foreign country - (1) the Interstate Commerce Commission does not have jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but (2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this subtitle related to rates and practices applicable to the transportation. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1362.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10522 49:303(a)(10) Feb. 4, 1887, ch. (proviso). 104, 24 Stat. 379, Sec. 203(a)(10) (proviso); added July 12, 1960, Pub. L. 86-615, Sec. 3, 74 Stat. 384. ------------------------------- In the introductory matter of the section, before clause (1), the words 'under section 10521 of this title' are substituted for 'in 'interstate commerce' ' in view of the incorporation of the definition of 'interstate commerce' in section 10521 of the revised title. In clause (1), the words 'the Interstate Commerce Commission does not have jurisdiction' are substituted for 'the application of this chapter does not include' for clarity and to conform to the terms used in chapter 105 of the revised title. In clause (2), the words 'providing transportation' and 'all transportation' are substituted for 'operating' and 'entire service', respectively, for consistency and because 49:303(a)(19) defines 'transportation' and 'services' as synonymous terms and includes all phases of a carrier's operations. The words 'fares, and charges' are omitted as unnecessary in view of the definition of 'rates'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3102 of this title. ------DocID 54993 Document 160 of 1105------ -CITE- 49 USC Sec. 10523 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10523. Exempt motor vehicle transportation in terminal areas -STATUTE- (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation - (A) is a transfer, collection, or delivery; (B) is provided by - (i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; (ii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or (iii) a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter; and (C) is incidental to transportation provided by the carrier or service provided by the household goods freight forwarder that is subject to the jurisdiction of the Commission under any of those subchapters. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier, under subchapter III of this chapter when provided by such a water carrier, and under subchapter IV of this chapter when provided by such a household goods freight forwarder. (b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation - (A) is a transfer, collection, or delivery; and (B) is provided by a person as an agent or under other arrangement for - (i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; (ii) a motor carrier subject to the jurisdiction of the Commission under this subchapter; (iii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or (iv) a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the household goods freight forwarder for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under this subchapter when provided for such a motor carrier, under subchapter III of this chapter when provided for such a water carrier, and under subchapter IV of this chapter when provided for such a household goods freight forwarder. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1362; Pub. L. 99-521, Sec. 6(b), Oct. 22, 1986, 100 Stat. 2994.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10523(a) 49:302(c) (words Feb. 4, 1887, ch. before cl. (1)), 104, 24 Stat. 379, (1). Sec. 202(c); added Sept. 18, 1940, ch. 722, Sec. 17(b), 54 Stat. 920; restated May 16, 1942, ch. 318, Sec. 2, 56 Stat. 300. 10523(b) 49:302(c) (words before cl. (1)), (2). ------------------------------- The words 'Notwithstanding any provision of this section or of section 303 of this title' in 49:302(c) are omitted as surplus because section 10521 of the revised title codifies the pertinent provisions of 49:302 and 303 or incorporates the terms of 49:303 related to the jurisdiction of the Commission, and section 10521 begins with the words 'Subject to'. The words 'except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation and equipment' are omitted because, under section 6(e)(6)(C) of Public Law 89-670, those provisions were transferred to the Secretary of Transportation. In the introductory matter of subsections (a) and (b), before each clause (1), the words 'does not have jurisdiction under this subchapter' are substituted for 'the provisions of this chapter . . . shall not apply' for clarity and to conform to the terms used in chapter 105 of the revised title. In subsections (a)(2) and (b)(2), the words 'is subject to' are substituted for 'shall be considered to be and shall be regulated as transportation subject to' for clarity and to conform to the revised title. In subsection (b), the words 'a person as an agent or under other arrangement for' are substituted for 'any person (whether as agent or under a contractual arrangement)' for clarity. AMENDMENTS 1986 - Subsecs. (a)(1)(B)(iii), (C), (2), (b)(1)(B)(iv), (2). Pub. L. 99-521 inserted 'household goods' before 'freight forwarder' wherever appearing. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99-521, set out as a note under section 10102 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10525, 10930 of this title. ------DocID 54994 Document 161 of 1105------ -CITE- 49 USC Sec. 10524 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10524. Transportation furthering a primary business -STATUTE- (a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over the transportation of property by motor vehicle when - (1) the property is transported by a person engaged in a business other than transportation; and (2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person. (b) The Commission does not have jurisdiction under this subchapter over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family if - (1) the parent corporation notifies the Commission of its intent or one of its subsidiaries' intent to provide the transportation; (2) the notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries; (3) the Commission publishes the notice in the Federal Register within 30 days of receipt; and (4) a copy of the notice is carried in the cab of all vehicles conducting the transportation. (c) In this section, 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96-296, Sec. 9, July 1, 1980, 94 Stat. 798.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10524 49:303(c) (less Feb. 4, 1887, ch. words before 'nor'). 104, 24 Stat. 379, Sec. 203(c) (less words before 'nor'); added Aug. 12, 1958, Pub. L. 85-626, Sec. 8, 72 Stat. 574. ------------------------------- The section restates the source provisions for clarity and for consistency with the rest of chapter 105 of the revised title. The words 'interstate or foreign commerce' are omitted as unnecessary in view of section 10521 of the revised title that gives the Interstate Commerce Commission jurisdiction only in the instances of commerce enumerated in section 10521. AMENDMENTS 1980 - Pub. L. 96-296 designated existing provision as subsec. (a) and added subsecs. (b) and (c). ------DocID 54995 Document 162 of 1105------ -CITE- 49 USC Sec. 10525 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10525. Exempt motor carrier transportation entirely in one State -STATUTE- (a) The Interstate Commerce Commission shall exempt transportation of a motor carrier subject to the jurisdiction of the Commission under this subchapter from compliance with this subtitle when - (1) the motor carrier provides transportation entirely in one State; and (2) the Commission finds that the nature or quantity of transportation provided by the motor carrier does not substantially affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. (b) The Commission may begin a proceeding under this section on its own initiative or on application of a motor carrier, a State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State, or an interested party. An application must be under oath and must contain information required by Commission regulation. The Commission may exempt the transportation by motor carrier or class of motor carriers. When an exemption is granted, the Commission shall issue a certificate of exemption describing the conditions required by the public interest under which the certificate is issued. (c) When an application for exemption is accompanied by a certificate of the authority of the State in which the applicant provides transportation stating the finding of the State authority that the applicant is entitled to a certificate of exemption under this section, the exemption is effective on the 60th day after the application is filed with the Commission unless the Commission denies the application before that date. If not denied before that date, the exemption remains effective until the Commission thereafter denies or revokes it. (d) The Commission may revoke any part of an exemption granted under this section when it finds that the nature or quantity of the transportation by the motor carrier or class of motor carriers affects or impairs, or is likely substantially to affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. If the exemption is revoked, the Commission shall restore without further proceedings the authority any such motor carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption was effective. (e) Notwithstanding the provisions of this section, the Commission has no jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from the jurisdiction of the Commission under this subsection and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt from the jurisdiction of the Commission under section 10523 of this title. (f) State regulation of the operations of a motor carrier covered by an exemption under this section is not a burden on interstate or foreign commerce. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96-258, Sec. 1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97-261, Sec. 30, Sept. 20, 1982, 96 Stat. 1128.) -MISC1- Historical and Revision Notes 1978 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10525 49:304(a)(4a). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 204(a)(4a); added Sept. 18, 1940, ch. 722, Sec. 19, 54 Stat. 921. ------------------------------- The 5th sentence of 49:304(a)(4a) is omitted as unnecessary in view of subchapter II of chapter 5 of title 5. In subsection (a), the words 'as in fact', 'by order', 'character', 'in good faith', 'in the opinion', and 'hereinbefore authorized' are omitted as surplus. The word 'entirely' is substituted for 'solely' for consistency and clarity. The words 'in interstate or foreign commerce' are omitted as unnecessary because those words were defined terms in 49:303(a) (10) and (11) and those terms have been incorporated into section 10521 of the revised title stating the jurisdiction of the Interstate Commerce Commission under chapter 105. In subsection (b), the words 'designated in such certificate', 'in writing', 'verified', and 'reasonably' are omitted as surplus. The words 'State authority' are substituted for 'State board' for consistency and as being more precise. The words 'terms and' are omitted as unnecessary. In subsection (c), the words 'Where an application is made in good faith for the exemption of a motor carrier under this subparagraph' are omitted as unnecessary and in view of section 10321 of the revised title giving the Commission general authority to carry out the subtitle. The words 'State authority' are substituted for 'State board' for consistency and as being more precise. In subsection (e), the words 'interstate or foreign commerce' are retained because they are used in a constitutional sense in the subsection rather than in the sense of statutory definitions as in the case of subsection (a). 1980 ACT This amends section 10525(d) to correct a grammatical error. AMENDMENTS 1982 - Subsecs. (e), (f). Pub. L. 97-261 added subsec. (e) and redesignated former subsec. (e) as (f). 1980 - Subsec. (d). Pub. L. 96-258 substituted 'class of motor carriers affects or impairs, or is likely substantially' for 'class of motor carriers is, or is likely substantially'. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective Sept. 20, 1982, see section 31(c) of Pub. L. 97-261, set out as a note under section 10101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Section 3(d) of Pub. L. 96-258 provided that: 'The amendments made by section 1(4), (5)(A), (6), (7), (8), (9), (10), (13), (14), (15), and (16) of this Act (enacting section 11351 of this title and amending this section and sections 10526, 10544, 10706, 10784, 10923, 11101, 11707, 11909, 11912, and 11914 of this title) are effective October 17, 1978.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10322, 10341, 10749 of this title. ------DocID 54996 Document 163 of 1105------ -CITE- 49 USC Sec. 10526 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10526. Miscellaneous motor carrier transportation exemptions -STATUTE- (a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over - (1) a motor vehicle transporting only school children and teachers to or from school; (2) a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places; (3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a common carrier; (4) a motor vehicle controlled and operated by a farmer and transporting - (A) the farmer's agricultural or horticultural commodities and products; or (B) supplies to the farm of the farmer; (5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State - (A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter) - (i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance; (ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and (iii) shall be provided only after the cooperative association or federation notifies the Commission of its intent to provide the transportation; and (B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year; (6) transportation by motor vehicle of - (A) ordinary livestock; (B) agricultural or horticultural commodities (other than manufactured products thereof); (C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted); (D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or by-products thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and (E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production; (7) a motor vehicle used only to distribute newspapers; (8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft; (B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Civil Aeronautics Board or its successor agency) by a foreign air carrier; or (C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper; (9) the operation of a motor vehicle in a national park or national monument; (10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles); (12) transportation of natural, crushed, vesicular rock to be used for decorative purposes; (13) transportation of wood chips; or (FOOTNOTE 2) (FOOTNOTE 2) So in original. The word 'or' probably should not appear. (14) brokers for motor carriers of passengers, except as provided in section 10924(f) of this title. (FOOTNOTE 3) (FOOTNOTE 3) So in original. The period probably should be '; or'. (15) transportation of broken, crushed, or powdered glass. (b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over - (1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except - (A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or (B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs; (2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or (3) the emergency towing of an accidentally wrecked or disabled motor vehicle. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96-258, Sec. 1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, Sec. 7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96-454, Sec. 11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97-261, Sec. 14(d), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97-377, Sec. 152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97-449, Sec. 5(g)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98-216, Sec. 2(8), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98-554, title II, Sec. 227(c), Oct. 30, 1984, 98 Stat. 2852.) -MISC1- Historical and Revision Notes 1978 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10526(a) (1)-(8) 49:303(b)(1)-(3), Feb. 4, 1887, ch. (4a)-(7a). 104, 24 Stat. 379, Sec. 203(b); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 545; June 23, 1938, ch. 601, Sec. 1107(j), 52 Stat. 1029; June 29, 1938, ch. 811, Sec. 3, 52 Stat. 1237; Sept. 18, 1940, ch. 722, Sec. 18(b)(2)- (6), 54 Stat. 921; July 9, 1952, ch. 599, Sec. 1, 66 Stat. 479; Aug. 12, 1958, Pub. L. 85- 625, Sec. 7(a), 72 Stat. 573; Dec. 17, 1963, Pub. L. 88- 208, Sec. 1, 77 Stat. 402; July 26, 1968, Pub. L. 90- 433, Sec. 1, 82 Stat. 448. 10526(a) (9) 49:303(b)(4). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 209(a)(1) (last proviso); added Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 553. 49:309(a)(1) (last proviso). 10526(b) 49:303(b)(8)-(10). ------------------------------- In the introductory matter of subsections (a) and (b), before each clause (1), the words 'does not have jurisdiction under this subchapter' are substituted for 'Nothing in this chapter, . . . shall be construed to include' for clarity and to conform to the terms used in chapter 105 of the revised title. The words 'except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment' are omitted because, under section 6(e)(6)(C) of Public Law 89-670, those provisions were transferred to the Secretary of Transportation. In subsection (a)(1), the words 'transporting only' are substituted for 'employed solely in transporting' to conform to the terms of the other clauses of the section. In subsection (a)(2), the words 'taxicabs, or other' and 'bona fide' are omitted as surplus. The words 'specified places' are substituted for 'fixed termini' for consistency. In subsection (a)(3), the words 'railroad or other' are omitted as surplus. The word 'only' is substituted for 'exclusively' for consistency. In subsection (a)(5), the words 'so defined' are omitted as surplus. The words 'between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State' are substituted for 'interstate transportation' for clarity and consistency. The words 'any agency or instrumentality thereof' are omitted as surplus. In subsection (a)(5)(A)(i), (ii), and (iii), the words 'under this subchapter' are substituted in each place for 'under this chapter' because of the codification of the motor carrier jurisdictional provisions in subchapter II of chapter 105 of the revised title. In subsection (a)(5)(A)(ii) and (B), the word 'by' is substituted in each place for 'in terms of' to eliminate surplus words. In the introductory matter of subsection (a)(6), before clause (A), the words 'or passengers' are omitted as unnecessary in view of the restatement of the introductory matter. In subsection (a)(6)(A), the words '(including shellfish)' are omitted as unnecessary in view of subsection (a)(6)(D). In subsection (a)(7), the word 'only' is substituted for 'exclusively' for consistency. Subsection (a)(9) restates the source provisions for clarity and consistency. The words following the comma in 49:309(a)(1) (last proviso), and the words 'under authorization, regulation, and control of the Secretary of the Interior' in 49:303(b)(4), are omitted as surplus. In subsection (b)(1), the words 'in interstate or foreign commerce' are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce is involved. See section 10521 of the revised title. In subsection (b)(1)(B), the words 'regular or irregular', 'or routes', 'lawfully', and 'such interstate' are omitted as surplus. The words 'between a place in a State and a place in another State, or a place in a State and another place in the same State through another State' are substituted for 'interstate commerce' for clarity. The words 'through which the route runs' are substituted for 'having jurisdiction' for clarity. In subsection (b)(2), the words 'interstate or foreign commerce for compensation' are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce for compensation is concerned. The words 'passengers or property' are omitted as unnecessary in view of the definition of 'transportation'. The words 'procured or furnished or arranged for' are omitted as surplus in view of the definition of 'broker' in section 10102 of the revised title. In subsection (b)(3), the words 'in interstate or foreign commerce' are omitted as surplus. 1980 Act --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10526(a) 49:303(b)(7b). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 203(b)(7b); added Nov. 6, 1978, Pub. L. 95-599, Sec. 126(c), 92 Stat. 2706. ------------------------------- This corrects a grammatical error and adds a new exempt activity to the section. AMENDMENTS 1984 - Subsec. (a)(5). Pub. L. 98-216, which directed substitution of 'section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))' for 'section 1141j(a) of title 12', was incapable of execution because an identical amendment had already been made by section 5(g)(1) of Pub. L. 97-449. See 1983 Amendment note below. Subsec. (a)(14), (15). Pub. L. 98-554 redesignated par. (14), as added by Pub. L. 97-377, relating to transportation of glass, as (15). 1983 - Subsec. (a)(5). Pub. L. 97-449 substituted 'section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))' for 'section 1141j(a) of title 12'. 1982 - Subsec. (a)(14). Pub. L. 97-377 added par. (14) relating to transportation of glass. Pub. L. 97-261 added par. (14) relating to brokers for motor carriers of passengers. 1980 - Subsec. (a)(2). Pub. L. 96-258, Sec. 1(5)(A), struck out 'is' after 'more than 6 passengers and'. Subsec. (a)(5)(A)(ii). Pub. L. 96-296, Sec. 24(a), substituted '25 percent' for '15 percent'. Subsec. (a)(6). Pub. L. 96-296, Sec. 7(a), 21(a), in provision preceding subpar. (A), substituted 'transportation by motor vehicle' for 'a motor vehicle carrying, for compensation, only property and that property consists', in subpar. (D), inserted 'or by-products thereof not intended for human consumption,' after 'fresh shellfish,', and added subpar. (E). Subsec. (a)(8). Pub. L. 96-296, Sec. 7(b), designated existing provision as subpar. (A), inserted 'of passengers' before 'by motor vehicle', struck out 'or' after 'aircraft;', and added subpars. (B) and (C). Subsec. (a)(10). Pub. L. 96-454 redesignated par. (10), as added by Pub. L. 96-296, relating to transportation of used pallets, used shipping containers, and other used shipping devices, as (11). Pub. L. 96-296, Sec. 7(c), added par. (10) relating to transportation of used pallets, used shipping containers, and other used shipping devices. Pub. L. 96-258, Sec. 1(5)(B)-(D), added par. (10) relating to motor vehicles not carrying more than 15 individuals. Subsec. (a)(11). Pub. L. 96-454 redesignated par. (10), as added by Pub. L. 96-296, relating to transportation of used pallets, used shipping containers, and other used shipping devices, as (11). Former par. (11) redesignated (12). Pub. L. 96-296, Sec. 7(c), added par. (11). Subsec. (a)(12). Pub. L. 96-454 redesignated par. (11) as (12). Former par. (12) redesignated (13). Pub. L. 96-296, Sec. 7(c), added par. (12). Subsec. (a)(13). Pub. L. 96-454 redesignated par. (12) as (13). EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97-261, set out as a note under section 10101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 1(5)(A) of Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10527, 10528, 10529, 10530, 10561, 10749, 10922, 10923, 11101 of this title; title 16 section 2302. ------DocID 54997 Document 164 of 1105------ -CITE- 49 USC Sec. 10527 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10527. Written contracts pertaining to certain interstate movements by motor vehicle -STATUTE- (a) Notwithstanding the provisions of section 10526(a)(6) of this subchapter, (FOOTNOTE 1) the Interstate Commerce Commission, in cooperation with the Secretary of Agriculture, shall, where appropriate, require by regulation the use of written contracts for the interstate movement by motor vehicle of property described in such section and for brokerage services to be provided in connection with the interstate movement of such property. (FOOTNOTE 1) So in original. Probably should be 'title,'. (b) A written contract between an owner or operator of a motor vehicle and a broker, shipper of property, or receiver of property which is required to be used by the Commission under this section shall specify the arrangements, including compensation, with respect to loading and unloading of the property transported under such contract. Whenever the shipper or receiver of the property transported under such contract requires that the operator of the vehicle load or unload any part of the property onto or from the vehicle contrary to any provision of such contract, the shipper or receiver shall compensate the owner or operator of the vehicle for all costs associated with loading or unloading that part of the property. Any person who knowingly violates the preceding sentence is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. (c) The Commission shall prescribe, by regulation, the minimum requirements and conditions of written contracts required to be used under this section. -SOURCE- (Added Pub. L. 96-296, Sec. 16(a), July 1, 1980, 94 Stat. 810.) -MISC1- AGREEMENTS BETWEEN INTERSTATE COMMERCE COMMISSION AND SECRETARY OF AGRICULTURE Section 16(d) of Pub. L. 96-296 provided that: 'The Interstate Commerce Commission and the Secretary of Agriculture may enter into agreements (including, but not limited to, memorandums of understanding) in carrying out the provisions of section 10527(a) of title 49, United States Code.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 11702 of this title. ------DocID 54998 Document 165 of 1105------ -CITE- 49 USC Sec. 10528 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10528. Mixed loads of regulated and unregulated property -STATUTE- A motor carrier of property providing transportation exempt from the jurisdiction of the Commission under paragraph (6), (8), (11), (12), or (13) of section 10526(a) of this subchapter (FOOTNOTE 1) may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a certificate issued under section 10922(b) of this subtitle (FOOTNOTE 1) or under a permit issued under section 10923 of this subtitle. (FOOTNOTE 1) Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such certificate or permit. (FOOTNOTE 1) So in original. Probably should be 'title'. -SOURCE- (Added Pub. L. 96-296, Sec. 21(b)(1), July 1, 1980, 94 Stat. 812, and amended Pub. L. 96-454, Sec. 11(b), Oct. 15, 1980, 94 Stat. 2023.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-454 substituted '(11), (12), or (13)' for '(10), (11), or (12)'. ------DocID 54999 Document 166 of 1105------ -CITE- 49 USC Sec. 10529 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10529. Limited authority over cooperative associations -STATUTE- (a) Notwithstanding section 10526(a)(5) of this title, any cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) (FOOTNOTE 1) or a federation of cooperative associations which is required to notify the Commission under such section 10526(a)(5) shall prepare and maintain such records relating to transportation provided by such association or federation, in such form, as the Commission may require by regulation to carry out the provisions of such section 10526(a)(5). The Commission or an employee designated by the Commission, may on demand and display of proper credentials - (FOOTNOTE 1) So in original. Probably should be followed by another closing parenthesis. (1) inspect and examine the lands, buildings, and equipment of such association or federation; and (2) inspect and copy any record of such association or federation. (b) Notwithstanding section 10526(a)(5) of this title, the Commission may require a cooperative association or federation of cooperative associations described in subsection (a) of this section to file reports with the Commission containing answers to questions about transportation provided by such association or federation. (c) The Commission may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Commission issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a). (d)(1) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, or (C) does not maintain the record in the form and manner prescribed by the Commission, is liable to the United States Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. (2) Trial in a civil action under paragraph (1) of this subsection shall be in the judicial district in which (A) the cooperative association or federation of cooperative associations has its principal office, (B) the violation occurred, or (C) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found. (e) A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation. (f) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not maintain that record in the form and manner prescribed by the Commission, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Commission under this section, (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction, or (7) knowingly and willfully maintains a record in violation of a regulation or order of the Commission issued under this section, shall be fined not more than $5,000. -SOURCE- (Added Pub. L. 96-296, Sec. 24(b)(1), July 1, 1980, 94 Stat. 814.) ------DocID 55000 Document 167 of 1105------ -CITE- 49 USC Sec. 10530 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER II -HEAD- Sec. 10530. Certificates of registration for certain foreign carriers -STATUTE- (a) In this section - ((1) Repealed. Pub. L. 100-690, title IX, Sec. 9111(a)(1), Nov. 18, 1988, 102 Stat. 4531) (2) 'foreign motor carrier' means a person (including a motor carrier of property but excluding a motor private carrier) - (A)(i) which is domiciled in a contiguous foreign country; or (ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and (B) in the case of a person which is not a motor carrier of property, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)). (3) 'foreign motor private carrier' means a person (including a motor private carrier but excluding a motor carrier of property) - (A)(i) which is domiciled in a contiguous foreign country; or (ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and (B) in the case of a person which is not a motor private carrier, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)). (4) 'exempt items' means items described in paragraphs (4), (6), (11), (12), (13), and (15) of section 10526(a) of this subchapter and items transported under paragraph (5) of such section. (5) 'interstate transportation' means transportation described in section 10521(a) of this subchapter and transportation in the United States exempt from the jurisdiction of the Commission under section 10526(b)(1) of this subchapter. (b) Certification Requirement. - (1) For foreign motor carriers. - Except as provided in this section and sections 10922 and 10923, no foreign motor carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to such person a certificate of registration under this section, or a certificate or permit under subchapter II of chapter 109, authorizing such person to provide such transportation. (2) For foreign motor carriers. - Except as provided in this section, no foreign motor private carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to the carrier a certificate of registration under this section authorizing the carrier to provide such transportation. (c) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission shall issue a certificate of registration to any foreign motor carrier authorizing the carrier to provide interstate transportation of property (including exempt items) by motor vehicle, and to any foreign motor private carrier authorizing the carrier to provide interstate transportation of property (including exempt items) by motor vehicle, if - (1) the Commission finds that the carrier is fit, willing, and able - (A) to provide the transportation to be authorized by the certificate; and (B) to comply with this subtitle and regulations of the Commission; and (2) the carrier demonstrates to the satisfaction of the Commission that the carrier has paid (or will pay in a timely manner) all taxes imposed by section 4481 of the Internal Revenue Code of 1986 on any motor vehicle which such carrier operated in the United States in the most recent taxable period (as such term is defined under section 4482(c) of such Code). (d) A foreign motor carrier and a foreign motor private carrier must file an application with the Commission for a certificate of registration under this section to provide interstate transportation by motor vehicle. The Commission may approve any part of the application or deny the application. The application must - (1) be under oath; (2) contain such information as the Commission may require by regulation; and (3) be filed with the Commission at such times as the Commission may require by regulation. (e) The requirement that foreign motor carriers and foreign motor private carriers issued certificates of registration under this section be fit, willing, and able means - (1) safety fitness; and (2) proof of minimum financial responsibility - (A) under section 30 of the Motor Carrier Act of 1980, and (B) under the laws of the States in which the carrier is operating, to the extent applicable. (f) Each certificate of registration issued under this section shall specify the transportation to be provided under the certificate. (g) Identification. - (1) In vehicle. - Any motor vehicle which is used by a foreign motor carrier or by a foreign motor private carrier to provide interstate transportation of property (including exempt items) by motor vehicle under a certificate issued under this section or section 10922 or under a permit issued under section 10923 shall have a copy of such certificate or permit, as the case may be, in such motor vehicle at any time such vehicle is being used to provide such transportation. (2) Denial of entry. - The Commission, the Secretary of Transportation, and the Secretary of the Treasury shall deny entry into the United States of any motor vehicle in which there is not a copy of the certificate or permit required to be in such vehicle by paragraph (1) of this subsection. (h) When a certificate of registration is issued under this section, the Commission may prescribe such conditions on the transportation to be provided under the certificate as may be necessary to carry out the objectives of this section. (i)(1) Subject to paragraph (3) of this subsection, this section shall not apply with respect to any contiguous foreign country with respect to which a moratorium is not in effect under section 10922(l) of this title on the effective date of this section. (2) The President of the United States may waive the requirements of this section with respect to any contiguous foreign country if the President determines that such waiver is in the national interest and notifies, in writing, the Congress of such waiver before the date on which such waiver is to take effect. In any case in which the requirements of this section apply with respect to a contiguous foreign country which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country, such waiver shall not take effect before the 60th day following the date on which the Congress is notifed of such waiver. (3) The President of the United States may, by order, make the requirements of this section applicable with respect to any contiguous foreign country if - (A) the President determines that making such requirements so applicable is in the national interest; and (B) the President - (i) notifies, in writing, the Congress of the issuance of such order; and (ii) has published a copy of such order in the Federal Register; at least 30 days before such order takes effect. -SOURCE- (Added Pub. L. 98-554, title II, Sec. 226(a)(1), Oct. 30, 1984, 98 Stat. 2848, and amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-690, title IX, Sec. 9111(a)-(f), Nov. 18, 1988, 102 Stat. 4531-4533.) -REFTEXT- REFERENCES IN TEXT Sections 4481 and 4482(c) of the Internal Revenue Code of 1986, referred to in subsec. (c)(2), are classified to sections 4481 and 4482(c) of Title 26, Internal Revenue Code. Section 30 of the Motor Carrier Act of 1980, referred to in subsec. (e)(2)(A), is set out as a note under section 10927 of this title. The effective date of this section, referred to in subsec. (i)(1), is the effective date of Pub. L. 98-554, title II, Sec. 226(a)(1), which was approved on Oct. 30, 1984. -MISC2- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 9111(a)(1), struck out par. (1) which read as follows: ' 'registrable year' means the six-month period beginning July 1, 1985, and ending December 31, 1985, calendar year 1986, and each calendar year thereafter.' Subsec. (a)(2), (3). Pub. L. 100-690, Sec. 9111(a)(2), (3), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows: '(2) 'foreign motor carrier' means a motor carrier of property - '(A) which does not hold a certificate issued under section 10922 of this title or a permit issued under section 10923 of this title; and '(B)(i) which is domiciled in any contiguous foreign country; or '(ii) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States. '(3) 'foreign motor private carrier' means a motor private carrier - '(A) which is domiciled in any contiguous foreign country; or '(B) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States.' Subsec. (b). Pub. L. 100-690, Sec. 9111(b), inserted heading and par. (1), struck out former par. (1) which read as follows: 'Except as provided in this section, no foreign motor carrier may provide interstate transportation of exempt items in any registrable year unless the Commission has issued to the carrier a certificate of registration under this section authorizing the carrier to provide such transportation in such year.', and in par. (2) inserted heading and 'by motor vehicle' after 'items)', struck out 'in any registrable year' before 'unless' and 'in such year' after 'such transportation', and realigned margins. Subsec. (c). Pub. L. 100-690, Sec. 9111(c), substituted 'property (including exempt items) by motor vehicle' for 'exempt items in any registrable year' and 'by motor vehicle, if' for 'in any registrable year, if' in introductory provisions and struck out 'ending before the first day of such registrable year' after 'of such Code)' in par. (2). Subsec. (d). Pub. L. 100-690, Sec. 9111(d), inserted 'by motor vehicle' before period at end of first sentence. Subsec. (e)(2). Pub. L. 100-690, Sec. 9111(e), inserted subpars. (A) and (B) and concluding provisions and struck out former subpars. (A) and (B) which read as follows: '(A) under section 30 of the Motor Carrier Act of 1980, in the case of a foreign motor carrier or foreign motor private carrier which provides transportation in the United States of an item referred to in subsection (b)(1) of such section; and '(B) under the laws of the State or States in which the carrier is operating, in the case of a foreign motor private carrier which provides interstate transportation in the United States of property (other than an item referred to in such subsection).' Subsec. (g). Pub. L. 100-690, Sec. 9111(f), inserted heading and par. (1), struck out former par. (1) which read as follows: 'Any motor vehicle which is used to provide transportation under a certificate of registration issued under this section shall have a copy of such certificate in such motor vehicle at any time such vehicle is being used to provide such transportation.', and in par. (2) inserted heading, substituted 'certificate or permit' for 'certificate of registration', and realigned margins. 1986 - Subsec. (c)(2). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. EFFECTIVE DATE OF 1988 AMENDMENT Section 9111(k) of Pub. L. 100-690 provided that: 'The amendments made by this section (amending this section and sections 10922, 10927, 11701, and 11702 of this title) shall take effect January 1, 1990.' EFFECTIVE DATE Section 226(d) of Pub. L. 98-554 provided that: 'The amendments made by this section (enacting this section and amending sections 10322, 10922, 10927, 11701, 11702, 11901, and 11914 of this title) shall take effect May 1, 1985, except that the Interstate Commerce Commission may issue before such date such regulations as may be necessary to carry out the amendments made by this section beginning on such date.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10922, 10927, 11701, 11702, 11901, 11914 of this title. ------DocID 55001 Document 168 of 1105------ -CITE- 49 USC SUBCHAPTER III -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER III -HEAD- SUBCHAPTER III - WATER CARRIER TRANSPORTATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 10102, 10329, 10502, 10523, 10701, 10703, 10704, 10705, 10721, 10722, 10723, 10724, 10725, 10726, 10741, 10742, 10762, 10921, 10922, 10923, 10930, 10933, 11101, 11108, 11141, 11142, 11143, 11323, 11342, 11343, 11502, 11504, 11702, 11705, 11706, 11904, 11905, 11908, 11909, 11910, 11914 of this title; title 26 section 7701; title 46 App. sections 804, 883-1. ------DocID 55002 Document 169 of 1105------ -CITE- 49 USC Sec. 10541 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER III -HEAD- Sec. 10541. General jurisdiction -STATUTE- (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned - (1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States; (2) by water carrier and rail carrier or motor carrier from a place in a State to a place in another State, except that if part of the transportation is outside the United States, the Commission only has jurisdiction over that part of the transportation provided - (A) by rail carrier or motor carrier that is in the United States; and (B) by water carrier that is from a place in the United States to another place in the United States; and (3) by water carrier or by water carrier and rail carrier or motor carrier between a place in the United States and a place outside the United States, to the extent that - (A) when the transportation is by rail carrier or motor carrier, the transportation is provided in the United States; (B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and (C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States. (b) If transportation by a carrier would be subject to the jurisdiction of the Commission under both subsection (a) of this section and subchapter I of this chapter, then that transportation is subject to the jurisdiction of the Commission under subsection (a) of this section. However, that transportation is also subject to the jurisdiction of the Commission under subchapter I of this chapter to the extent that this subtitle imposes requirements on transportation by carriers subject to the jurisdiction of the Commission under subchapter I that are not imposed on transportation by carriers subject to the jurisdiction of the Commission under subsection (a) of this section. (c) This subtitle does not - (1) affect the power of a State to regulate intrastate transportation provided by a water carrier; or (2) authorize the Commission to prescribe or regulate a rate for intrastate transportation by a water carrier. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1365.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10541(a) 49:ch. 12 generally Feb. 4, 1887, ch. (introductory words (Sec. 901-923). 104, 24 Stat. 379, before cl. (1)) pt. III, Sec. 302(i), 303(a), (j), (k); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 929, 930, 931, 933. 10541(a) (1)-(3) 49:902(i). 10541(b) 49:903(a). 10541(c) 49:903(j), (k). ------------------------------- In the introductory matter of subsection (a), before clause (1), the words 'the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned' are based on 49:chapter 12 and are inserted to inform the reader of the general jurisdiction of the Commission in the water carrier area and to conform to the approach of sections 10501 and 10521 that are based on existing law. The words 'Subject to this chapter and other provisions of law' are inserted to inform the reader that other sections of the subtitle qualify the grant of jurisdiction to the Commission under subsection (a). In subsection (a)(1), (3), the words 'wholly', and 'partly' are omitted as surplus. The words 'water carrier', 'rail carrier', and 'motor carrier' are substituted for 'water', 'railroad', and 'motor vehicle', respectively, as more precise because the purpose of the language of the section is to state the jurisdiction of the Commission over transportation by the 3 types of carriers, and the terms 'railroad' and 'motor vehicle' are defined terms incorporated into the definitions of 'rail carrier' and 'motor carrier', respectively. In subsection (a)(3), the words 'for movement' and 'in a movement' are omitted as surplus. In subsection (c), the words 'This subtitle does not' are substituted for 'Nothing in this chapter shall' for clarity. The word 'exclusive' is omitted as unnecessary. The words 'intrastate transportation' are substituted for 'intrastate commerce' for consistency. The words 'within the jurisdiction of such State' are omitted as unnecessary. The word 'rate' is substituted for 'rate, fare, or charge' because of the definition of 'rate' in section 10102 of the revised title. The words after 'intrastate transportation' are omitted as unnecessary because services are included in the word 'transportation' and because of the restatement of the source provisions. ------DocID 55003 Document 170 of 1105------ -CITE- 49 USC Sec. 10542 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER III -HEAD- Sec. 10542. Exempt bulk transportation -STATUTE- (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by a water carrier of commodities in bulk that, under an existing custom of the trade in the handling and transportation of commodities in bulk as of June 1, 1939 - (A) are loaded and carried without wrappers or containers; and (B) are received and delivered by the carrier without transportation mark or count. (2) This subsection does not apply to transportation subject to the Intercoastal Shipping Act, 1933 (46 U.S.C. (FOOTNOTE 1) 843 et seq.) on September 18, 1940. (FOOTNOTE 1) See 46 App. U.S.C. (b) The Commission does not have jurisdiction under this subchapter over transportation by a water contract carrier of commodities in bulk in a non-oceangoing vessel on a normal voyage during which - (1) the cargo space of the vessel is used for carrying not more than 3 commodities in bulk; and (2) the vessel passes in or through waters that are international for navigational purposes by a treaty to which the United States is a party. (c) The Commission does not have jurisdiction under this subchapter over transportation by water carrier of liquid cargoes in bulk in a tank vessel - (1) designed exclusively for transporting such a cargo; and (2) having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1366; Pub. L. 98-89, Sec. 3(b), Aug. 26, 1983, 97 Stat. 599; Pub. L. 98-216, Sec. 2(9), (10), Feb. 14, 1984, 98 Stat. 5.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10542(a) 49:903(b). Feb. 4, 1887, ch. 104, 24 Stat. 379, Sec. 303 (b), (c), (d); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 931; Reorg. Plan No. 3 of 1946, eff. May 16, 1946, Sec. 101-104, 60 Stat. 1097; Oct. 15, 1966, Pub. L. 89- 670, Sec. 6(b), 80 Stat. 937; Dec. 28, 1970, Pub. L. 91- 590, Sec. 1, 84 Stat. 1587; Dec. 27, 1973, Pub. L. 93-201, Sec. 1, 87 Stat. 838. 10542(b) 49:903(c). 10542(c) 49:903(d). ------------------------------- In subsection (a)(1), before clause (A), and in subsections (b) and (c), before each clause (1), the words 'Commission does not have jurisdiction under this subchapter' are substituted for 'Nothing in this chapter shall apply' for clarity and for consistency with the terms used in other sections of chapter 105 of the revised title. -REFTEXT- REFERENCES IN TEXT The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(2), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425, as amended, which is classified generally to chapter 23A (Sec. 843 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 848 of Title 46, Appendix, and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (a)(2). Pub. L. 98-216, Sec. 2(9), substituted 'the Intercoastal Shipping Act, 1933 (46 U.S.C. 843 et seq.)' for 'chapter 23A of title 46'. Subsec. (c)(2). Pub. L. 98-216, Sec. 2(10), which directed substitution of 'section 4417a of the Revised Statutes (46 U.S.C. 391a)' for 'section 391a of title 46', was incapable of execution because of prior amendment of subsec. (c)(2) by section 3(b)(2) of Pub. L. 98-89. See 1983 Amendment note below. 1983 - Subsec. (c). Pub. L. 98-89, Sec. 3(b)(1), substituted 'a tank vessel' for 'tank vessels' in provisions preceding par. (1). Subsec. (c)(2). Pub. L. 98-89, Sec. 3(b)(2), substituted 'having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46' for 'certified under regulations of the Secretary of Transportation under section 391a of title 46'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10749 of this title. ------DocID 55004 Document 171 of 1105------ -CITE- 49 USC Sec. 10543 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER III -HEAD- Sec. 10543. Exempt incidental water transportation -STATUTE- (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter when the transportation - (A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or (ii) is flotage, car ferrying, lighterage, or towage; (B) is provided by - (i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; or (ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; and (C) is incidental to transportation provided by the carrier subject to the jurisdiction of the Commission under either of those subchapters. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier and under subchapter II of this chapter when provided by such a motor carrier. (b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by water when the transportation - (A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or (ii) is flotage, car ferrying, lighterage, or towage; and (B) is provided by a person as an agent or under other arrangement for - (i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; (ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; or (iii) a water carrier subject to the jurisdiction of the Commission under this subchapter. (2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under subchapter II of this chapter when provided for such a motor carrier, and under this subchapter when provided for such a water carrier. -SOURCE- (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1367.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 10543(a) 49:903(f) (words Feb. 4, 1887, ch. before cl. (1)), 104, 24 Stat. 379, (1). Sec. 303(f); added Sept. 18, 1940, ch. 722, Sec. 201, 54 Stat. 932. 10543(b) 49:903(f) (words before cl. (1)), (2). ------------------------------- The words 'Notwithstanding any provision of this section or of section 902 of this title' in 49:903(f) are omitted as surplus because section 10541 of the revised title codifies the pertinent provisions of 49:902 and 903, and section 10541 begins with the words 'Subject to'. In the introductory matter of subsections (a) and (b), before each clause (1), the words 'does not have jurisdiction under this subchapter' are substituted for 'the provisions of this chapter shall not apply' for clarity and to conform to the terms used in chapter 105 of the revised title. The words 'over transportation by water' are omitted as unnecessary. ------DocID 55005 Document 172 of 1105------ -CITE- 49 USC Sec. 10544 -EXPCITE- TITLE 49 SUBTITLE IV CHAPTER 105 SUBCHAPTER III -HEAD- Sec. 10544. Miscellaneous water carrier transportation exemptions -STATUTE- (a) Except to the extent the Interstate Commerce Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over transportation by water carrier when the transportation is provided - (1) entirely in one harbor or between places in contiguous harbors, other than transportation under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the limits of the harbor or the contiguous harbors; (2) by a vessel of not more than 100 tons carrying capacity or 100 indicated horsepower; (3) by a vessel carrying only passengers and equipped to carry not more than 16 passengers; (4) by a ferry; (5) by a water carrier transporting equipment of contractors used, or to be used, in construction or repair for the water carrier; or (6) to carry out salvage operations. (b) The Commission may exempt from its jurisdiction under this subchapter the transportation of passengers between places in the United States through a foreign port when the Commission finds its jurisdiction is not necessary to carry out the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party. (c) The Commission shall exempt from its jurisdiction under this subchapter the transportation of commodities by water contract carrier when the Commission finds that the transportation is not actually and substantially competitive with transportation provided by a carrier subject to the jurisdiction of the Commission under subchapter I or II of this chapter because of the inherent nature of the commodities transported, their requirement of special equipment, or their shipment in bulk. The Commission may prescribe conditions applicable to an exemption under this subsection. The Commission may begin a proceeding under this subsection on application of a water contract carrier. (d)(1) The Commission does not have jurisdiction under this subtitle over transportation by a water common carrier provided between the 48 contiguous States or the District of Columbia, and Alaska if, before January 3, 1959 - (A) the carrier provided that transportation, was also a motor common carrier, and has continued to provide the transportation since before that date; and (B) the transportation was subject to the Shipping Act, 1916 (46 U.S.C. (FOOTNOTE 1) 801 et seq.) or the Intercoa